Friday, May 4, 2012

Truth Seeking VS Privilged Communication

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Richie Robinson


1AC


“Honesty is always the best policy”


Because I agree with Benjamin Franklin and believe that honesty provides for a better judicial system, I stand Resolved In the United States Judicial System, truth seeking ought to take precedence over Privileged communication.


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I will begin definitions of terms from Websters Unabridged Dictionary


1. Truth Seeking� Conformity to fact or reality; exact accordance with that which is, or has been; or shall be, To go in search of; to look for; to search for; to try to find.


. Privileged Communication � A confidential communication that one cannot be forced to divulge the information that was discussed under the pretence of confidentiality.


. Ought� Used to indicate desirability


The value I will uphold will be that of progress. Progress may be defined as a gradual improvement, or growth, or development. Progress allows for a system to improve and become better. Through progress, innocent people remain innocent and the guilty are sentenced to just punishment. Progress correlates with the judicial system in that it allows for the movement toward a better and more just system.


The criterion for determining the truth of the resolution shall be Utilitarianism, which can be defined as the greatest good for the greatest number of people. Truth seeking directly correlates with utilitarianism because protecting the interests of the innocent people is the greatest good, for the greatest number of people.


Contention 1 Truth seeking allows for the judicial system to progress forward keeping innocent people out of jail and keeping guilty people in jail.





In a system where truth is precedent, justice is based on innocence or guilt not on the amount of wealth you posses. In adversarial systems the wealthier you are the better attorney you will have and also the better counsel you have. Privileged communication is fostered by this kind of system. Privileged communication hides the truth which lets criminals go free. “One of the biggest complaints about privileged communication rights is that they is used to shield criminals from justice and that defendants who are able to retain superior legal counsel are able to obtain more favorable sentences or escape conviction all together. Numerous studies of criminal convictions seems to indicate that defendants who are defended by court-provided lawyers are convicted at a higher rate with longer sentences than defendants who are represented by top law firms and their Ivy League-trained attorneys. If well heeled defendants were not able to hide behind their “veil of secrecy,” they would be as accountable to the law as a poor person would be.”


Contention Truth seeking would yield a more efficient, less invasive judicial system. A system that searches for the truth also provides a safer environment for children.


“Even given the powers of the government to charge defendants and bring them to trial, the resources required to bring well-financed criminals to justice is significant. Some investigations take years to complete at a cost that sometimes runs into the millions of dollars. Defendants invoking attorney-client privilege have denied courts information that is available through other means but require much more intrusive methods to obtain. For example, subpoenaing friends and business associates and forcing them to testify compromise the privacy rights of those.” The information is obtained much more easily in a truth seeking system where the criminal cannot hide information this protects the rights of others. The information that is being withheld because of Pc can cause a drug lord to be set free and back on street selling drugs to kids. A truth seeking system would put the drug lord behind bars and keep kids safe. When kids are safe then we have a group a people who can grow up and lead this country of great doings. Truth seeking encourages the greatest good for the greatest number of adults and children in America


Contention The truth, especially in cases where lives are at risk, is a compelling state interest


“One of the strongest cases that can be made for giving preference to truth over privilege comes in instances where lives, property and significant amounts of money are at risk. The Supreme Court has applied the compelling state interest test to many civil rights conflicts and has held that if the government can prove a “compelling state interest” then rights such as privilege can be overridden. Examples of cases where this would apply would be in the areas of terrorism and organized crime.” How can a society progress when criminals and terrorist are being let free because they have money to hire high powered attorneys and get them off using PC. Truth seeking allows for a safer place where progress can lead to the greatest good for the greatest number. This compelling state interest demands that truth seeking be given precedence over PC. Through Truth Seeking we achieve a better tomorrow with more criminals are being convicted and fewer innocent men being put behind bars, we create a system in which victims of crimes see criminals justly punished and society progress in safety and in the concern for the good of all.


For a safer tomorrow then a truth seeking justice system is what we need. For these reasons


I see no other vote but for affirmative and I stand open for cross examination





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