KIDL RESEARCH NOTEffff ffffffffMarch 2013ffffffff “Abolish the ...

hushedsnailInternet and Web Development

Nov 12, 2013 (3 years and 9 months ago)

329 views

AFFIMATIVE

KIDL Model

2013

1
/
26










K I D L R E S E A R C H N O T E
ffff


f f f f f f f
M a r c h 2 0 1
3
f f f f f f f f






A b o l i s h t h e d e a t h p e n a l t y








Written by:



Chika Nakasu / Doshisha Debating Team

Takayoshi Ikuta / Kamogawa Debate Union




fff
K
ANSAI

I
NTERCOLLEGIATE

D
EBATE

L
EAGUE
fff

AFFIMATIVE

KIDL Model

2013

2
/
26

Table of
Contents


Affirmative Case


Introduction
・・
・・・・・・・・・・・・・・・・・・・・・・・・・・・・
・・
p
3

AD1: Rehab
・・・・・・・・・・・・
・・・・・・・・・・・・・・・・・・・・
p
4

AD2: Crime
・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・
p
6

AD3: Cost
・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・
p
7

Support for AD1

1. Nobody can deny the future

possibility
・・・・・・・・・・・・・・・・
・・・
p
8

Attack on DA protection from recidivism
・・・・・・・・・・・・・・・・・・
・・・
p
9

Attack on DA
Retributivism

1.
Moderate retributivism is arbitral
・・・・
・・・・・・・・・・・・・・・・・・

p
10

2.
Retributivism
faces practical problem
・・・・・・・・・・・・・・・・
・・・


p
11

3.
Public opinion is deceiving
・・・・・・・・・・・・・・・・・・・・
・・・・


p
12

4.
Tolerance is better than retribution
・・・・・・・・・・・・・・・・
・・・・


p
13

5.
Police shooting will not increase
・・・・・・・・・・・・・・・・・・・
・・・・
p
14

Attack on DA
Victims


families
・・・・・・・・・・・・・・・・・・・・・・・
・・・
p
15

Crime and D
eterrence

1.
Critique

on DA
・・・・・・・・・・・・・・・・・・・・・・・・・・・
・・

・・
p
16

2.
Empirical research is stronger than assertion
・・・・・・・・・・・・
・・

・・・
p
17

3.
A brief look at abolitionist countries data
de
n
ies

deterrence theory


・・
・・・
p
18

4.Professional understanding of e
mpirical
research denies deterrence



・・・・
p
19

5.
MDP(mandatory death penalty) is ineffective
・・・・・・・・
・・
・・・
・・・・・
p
20

6.
Strict punishment for repeated offence is
ineffective
・・・・・・・・・・
・・・・
p
21

7.
Mandatory penalty is problematic (Attack on CP)
・・・・・・・・・・・
・・・・・
p
22

8.
Death pe
nalty just creates false
sense

of security
・・・
・・・
・・・・
・・・・・
p
23

Support for AD3
・・・・・

・・・・・・・・・・・・・・・・・・・・・・・・・・・
p
24

Others

・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・
p
25

日本語エビの原文
・・・・
・・
・・・・・・・・・・・・・・・・・・・・・・・
・・・・・
p
26

AFFIMATIVE

KIDL Model

2013

3
/
26

1AC

Introduction


At the
beginning

of this round, I want to tell you that condemned criminals are not

so cruel as you
would think. They are human beings just as we are. According to the inside report by:

Journalist
青木
2〱0
//
青木理「私が出会った死刑囚たち」週刊ポスト平成二十五年二月四日p184

小学館

Q)
If I was to speak out
without a fear of being mistaken,

those who I met were almost normal people. Perhaps, they
suggest much more vulnerable mood. For this reason, they have slid into unbelievable crime under pressure. I become
convinced like it through coverage for surroundin
gs. All death row inmates are not necessarily the same, but four death
row inmates I met were struggling with the crimes they committed and harassed by earthly desires wondering if they
could convey their feelings of apology to victims’ families as much as

possible.

(UQ



So
I advocate the plan that:

The Japanese
government

shall abolish the death penalty
t
hrough the normal democratic procedure
with sufficient logistics and necessary adjustments.

Following three ADs will extend its rationales.


AFFIMATIVE

KIDL Model

2013

4
/
26

1AC

Advant
age 1 Rehabilitation


A Inherency

Today, many condemned criminals are killed by execution.


RIA NOVOSTI

2012
//
The Russian News & Information Agency
,

Japan Hangs Two Death Row Inmates


Media”

http://en.ria.ru/world/20120927/176252401.html

Q)
At present,
there are over 140 condemned prisoners awaiting execution in Japan, the largest number ever. An
average of ten executions is carried out every year.

(UQ


B Significance

1. They are of the same human nature just as we are. C/A observation.


2. Rather, they

are
vulnerable groups who suffer

from poverty and being minority.

Amnesty International

in Asia and Pacific 2009//
“Citizens’ Appeal for an Abolition of the Death Penalty in East
Asia”

http://asiapacific.amnesty.org/apro/aproweb.nsf/pages/adpan_eastAsiapetition

Q)
In any country, those that are sentenced to death are skewed to vulnerable groups in
the society, such as those in
poverty and minorities. What gives rise to crimes in many cases is often poverty and social discrimination. Removing
offenders from society by the death penalty does not solve the problem.

(UQ


3
.
So, we had better be more tol
erant of their fault to create a better society.

Associate Professor

Bae

2007
//
Sangmin Bae
,
Associate Professor

at

Northeastern Illinois University
,
CHAPTER
ONE

of
“When the State No Longer Kills
:
International Human Rights Norms and Abolition of Capital

Punishment


State University of New York Press, Albany

P
12

http://www.sunypress.edu/pdf/61504.pdf

Q)
A number of theoretical perspectives suggest that as states modernize,

civilize, and democratize,
social control shifts
inward and people become

more tolerant of social deviance. In his analysis of the evolution of the

death penalty and
civilization, Jeffrey Reiman argues that the

abolition of

the death penalty is part of the civilizing mission of mode
rn
states.

(UQ


So their lives should be protected unless there is very good reason not to.




AFFIMATIVE

KIDL Model

2013

5
/
26

1AC


C Solvency

1. After plan, their sentence will be reduced to life imprisonment.


2. They get chance of rejoining society by parole.

UNAFEI
2011
//
The Unite
d Nations Asia and Far East Institute for the Prevention of Crime
,
CHAPTER 7

of
“CRIMINAL JUSTICE IN JAPAN”

http://www.unafei.or.jp/english/pdf/CJSJ_2011/09Chapter7.pdf

Q)
An offender serving a prison sentence may be conditionally released on parole by a d
ecision of the

Regional Parole
Board.
(omit)
In 2009, of the 30,178 inmates released, 14,854 (49.2%) were released on parole.

(UQ


3. The conditions of parole are carefully reviewed.

S
ame source

Q)
The parole requirements for an adult parolee are that:
(i) he or she has served at least one
-
third of a

determinate
sentence or ten years of a life sentence; (ii) he or she demonstrates repentance and the will to

rehabilitate; (iii) there is
no likelihood of reoffending; and (iv) society will accept his or her

parole.

(UQ


4 . So most parole
s

end successfully.

S
ame source

Q) (From the figure) Among
15,634
cases of
Adult

Parole
,
14,645
(95.3%)

has
successfully completed

and
91
(0.6%)

ended in
reoffending
. (UQ


AFFIMATIVE

KIDL Model

2013

6
/
26

1AC

Advantage 2 Crime


A. Japanese study suggests that death penalty increases homicide.

Professor Sakamoto 2001
//
Akira
Sakamoto, The professor
at
Ochanomizu University
,
“Does the media coverage of

capital punishment

have a deterrence effect on the occurrence of brutal crimes?:

An analysis of the Japanese time
-

series data from 1959



1990”
,

May 12, 2001
, published in
Progress in Asian Social Psychology, 3, 277
-
290, 2003,

peer reviewed.
http://www.hss.ocha.ac.jp/psych/socpsy/sakamoto/media/2003
-
2004/capital%20punishment%20text.pdf

Q)
The results suggest that the media coverage of capital punishment would not decrease

the occurrence of homicides
but would rather augment
it. In addition, the media coverage

of imprisonment for life sentences would not have this
augmentative effect. Therefore, it

seems unlikely that the number of homicides increases in Japan, even if capital
punishment

were abolished and imprisonment for lif
e were used for some murderers instead of capital

punishment.

(UQ


B. This fact implies that death
penalty

hurt the respect for life, especially in Japan.

Professor Sakamoto 2001
//
Akira
Sakamoto, The professor at

Ochanomizu University
,
“Does the media
coverage of

capital punishment

have a deterrence effect on the occurrence of brutal crimes?: An analysis of the Japanese time
-

series data from 1959



1990”
,

May 12, 2001
, published in
Progress in Asian Social Psychology, 3, 277
-
290, 2003,

peer reviewed.
http://www.hss.ocha.ac.jp/psych/socpsy/sakamoto/media/2003
-
2004/capital%20punishment%20text.pdf

Q)
King (1978) speculated about a mechanism

under
lying the augmentative effect and proposed a hypothesis.

King
wrote that “The use

of the death penalty as a punishment deadens people’s respect for life by the state and thus

increases the incidence of homicide.” However, if people’s respect for life has a
lready been

deadened by daily murders,
the respect will not be deadened any more, when they encounter

publicity of capital punishment. Murders are
committed much more frequently in the

United States than in Japan. Therefore, the respect for life by people
living
there has

possibly been deadened already, and therefore previous American studies have not shown

the augmentative
effect. On the other hand, it seems unlikely that Japanese people’s respect

for life is deadened by murders, because
murder incidents a
re much more unusual in Japan.

(UQ


So AFF plan is beneficial in terms of crime deterrence.

AFFIMATIVE

KIDL Model

2013

7
/
26

1AC

Advantage 3 Cost


A.Inherency

1
.
D
eath penalty
needs very careful judicial process.

Death Penalty Focus
*

available at 2013
//

“10 Reasons to Oppose the Death

Penalty”
, *
Death Penalty Focus is one of
the largest nonprofit advocacy organizations in the nation dedicated to the abolition of capital punishment through
public education
,
http://www.deathpenalty.org/article.php?id=42

Q)
The death penalty is much more
expensive than life without parole because the Constitution requires a long and
complex judicial process for capital cases. This process is needed in order to ensure that innocent men and woman are
not executed for crimes they did not commit,

and even with

these protections the risk of executing an innocent person
can not be completely eliminated.

(UQ


2. So,

d
eath penalty cost much more than life sentence

CCLADP
*

1999//


The Gospel of Life vs. The Death Penalty, a pastoral letter on capital punishment by M
ost Rev.
Sean O'Malley, OFM Cap., Bishop of Fall River, Massachusetts, issued Feb. 25, 1999.”
, *
California Catholic Lawyers
Against the Death Penalty is an organization of lawyers

http://www.ccladp.org/resources/legislators/gospel_of_life.html

Q
)
A former
Texas attorney general, Jim Mattox, is quoted
in the Dallas Morning News
as saying that presently, it
costs about $2 million to execute a prisoner. This is three times what it costs to incarcerate a person for 40 years.
(UQ


B Significance

Cost
problem neg
atively affects

police

activity.

47News 2008
//

警察官削減

あり得ない


府警反発、橋下知事は無言

2008/04/24 18:34

http://www.47news.jp/CN/200804/CN2008042401000694.html

Q)
Project team for finance reform in Osaka and Osaka prefectural police held a council about personnel cut of 520
polices on 24th. (omit) After it, Administrative Manager of the prefectural police, Tomio Kawabata asked for
understanding of the difficulty of
personnel reduction to media corps saying “Police is a manpower. They have to
correspond to cases dealing with others.”

UQ


C Solvency

After plan, the cost of execution can be
better used

for crime prevention.

T
he New York Times 2007//
“Does Death Penalty
Save Lives? A New Debate”By ADAM LIPTAKPublished:
November 18, 200
7
http://www.nytimes.com/2007/11/18/us/18deter.html?pagewanted=all&_r=0

Q)
There is also a classic economics question lurking in the background, Professor Wolfers said. “Capital punishment
i
s very expensive,
” he said, “
so if you choose to spend money on capital punishment you are choosing not to spend it
somewhere else, like policing.”

(omit)

It is at least possible that devoting that money to crime prevention would prevent
more murders than
whatever number, if any, an execution would deter.

(UQ

AFFIMATIVE

KIDL Model

2013

8
/
26

ON

Case

Support for AD1

1. Nobody can deny the future possibility


____D
eath penalty reflects an unwarranted assumption that the wrongdoer is beyond rehabilitation.
But

how can we

judge another incapable of rehabilitation?


____
The actual case of rehabilitation of serial murderer

is here

(a lifer)

BBC
NEWS

20
09//

“Can serial killers be rehabilitated?”
05:42 GMT, Friday, 20 February 2009

http://news.bbc.co.uk/2/hi/uk_news/7899143.st
m

Q)
Gordon Brown has said it is "very unlikely" that Yorkshire Ripper Peter Sutcliffe could be recommended for release,
following reports that he might be. But shoul
d serial killers ever be freed?

Sutcliffe was jailed in 1981 for murdering 13
women. Having begun his life sentence in prison, he was transferred to Broadmoor secure hospital three years into it,
after being diagnosed with schizophrenia. A recent report in the Sun newspaper suggests that

doctors at Broadmoor told
Sutcliffe's lawyers that he is no longer dangerous and has been classified as "low risk".
(UQ


____
T
hey are not born to be mad.

BBC
NEWS

20
09//

“Can serial killers be rehabilitated?”
05:42 GMT, Friday, 20 February 2009

http://new
s.bbc.co.uk/2/hi/uk_news/7899143.stm

Q)
Dr Bob Johnson, a consultant psychiatrist who worked at the high
-
security Parkhurst prison and treated several
multiple killers, found that the source for their behaviour typically went right back to their childhood.

"Their motivation
is always the same. It's a rage carried on through from childhood. If you brutalise children you get brutal adults," he
says, adding that it is if they have never moved on from the age they were at that time. "They're in a kindergarten c
age.
Once you remove the cause for their actions you remove the stress and they begin to behave like secure civilised
adults." Dr Johnson believes that with the recognition, and treatment, of this reason for their behaviour, those violent
offenders can one

day return to society.


____
The offenders are not evil in nature. They can change. (death row inmates)

BBC 2013

//

Ethics

Guide
“Arguments in favour of capital punishment”

http://www.bbc.co.uk/ethics/capitalpunishment/for_1.shtml

Q)
Of course capital pun
ishment doesn't rehabilitate the prisoner and return them to society. But there are many
examples of persons condemned to death taking the opportunity of the time before execution to repent, express remorse,
and very often experience profound spiritual reh
abilitation.

(UQ


AFFIMATIVE

KIDL Model

2013

9
/
26

OFF Case

Attack on DA protection from recidivism


Rem
ember, the number of execution is 10 per year and the recidivism rate is 0.6%. So, the added
number of annual homicide would be at most 0.06. This number is quite negligible because, there
are about one thousand murder cases every year.

Japan Today 2010
//


Murder in Japan


reported by

Moderator

Mar. 16, 2010
-

04:13AM JS

http://www.japantoday.com/category/opinions/view/murder
-
in
-
japan

Q)
The 1,097 murders in Japan last year we
re, according to statistics from the National Police Agency (NPA), down
200 from the previous year, a third of the number in 1954.

(UQ


Public support can prevent criminals from re
-
offending.

UNAFEI
2011
//
The United Nations Asia and Far East Institute for

the Prevention of Crime
,
CHAPTER 7

of
“CRIMINAL JUSTICE IN JAPAN”

http://www.unafei.or.jp/english/pdf/CJSJ_2011/09Chapter7.pdf

Q)
The purpose of probation and parole, as defined in the Offenders Rehabilitation Act, is to

ensure

the improvement
and rehabi
litation of the probationers and parolees


through

instruction and supervision

and

guidance and
assistance.
”“
Instruction and supervision


is implemented by (i) maintaining contact with probationers and

parolees
and keeping track of their behaviour; (ii)
giving necessary instructions or taking measures to

ensure that probationers
and parolees comply with the general and special conditions of probation; and (iii)

providing professional treatment
designed to improve specific criminal tendencies.


There is al
so
effective

job assistance.

UNAFEI
2011
//
The United Nations Asia and Far East Institute for the Prevention of Crime
,
CHAPTER 7

of
“CRIMINAL JUSTICE IN JAPAN”

http://www.unafei.or.jp/english/pdf/CJSJ_2011/09Chapter7.pdf

Secure employment is essential to
social reintegration and rehabilitation of offenders and juvenile

delinquents. To
improve their employability and provide job placement assistance more effectively, the

Ministry of Justice and the
Ministry of Health, Welfare and Labor recently agreed to st
rengthen their co
-
ordination in the provision of services.
For example, Public Employment Security Offices will provide

support in preparing for employment while the offender
is still in prison. To ease the anxieties of potential

employers, trial
employment programmes and employer fidelity
bonds schemes are provided as well.

In 2009, of the 6,371 probationers and parolees who enrolled in the job assistance
scheme, 2,089

secured employment through it.


Job

assistance is effective for preventing seco
nd offence.

See

Crime and Deterrence, 6.
Strict
punishment for repeated offence is
ineffective

, 2
nd

evidenc
e
.
P21

AFFIMATIVE

KIDL Model

2013

10
/
26

OFF Case

Attack on DA retribution

1.
Moderate retributivism is arbitral


N/uni

in SQ only handful murderers
is

executed. It's not proportional

Professor
Zimring

2009
//
Franklin Zimring
,
Professor and Director

of
University of California at Berkeley
,

Executions,
Deterrence and Homicide: A Tale of Two Cities”

published in,
Columbia Public Law Research Paper No. 09
-
2
06
,
CELS
2009 4th Annual Conference on Empirical Legal Studies Paper
,
Journal of Empirical Legal StudiesVolume 7, Issue 1,
pages 1

29, March 2010
,
Boalt Working Papers in Public Law, Boalt Hall, UC Berkeley

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436993
(
左の
URL
からダウンロード
)

Q)
In the United States and Japan, by contrast, only one to two percent of all known murder offenders are sentenced to
d
eath, despite broad eligibility
. (UQ


N/uni
in SQ
torture

is prohibited.

The article 36 of Japanese Constitution clearly says,
“The infliction of

torture

by

any

public

officer

and

cruel

Punishments

are absolutely forbidden.”

So, present criminal justice support moderate retributivism, which implies that we
may

punish up to
a proportional extent, but not that we
mus
t


T/A

As well as torture, death penalty curses executioners.

The daily beast* 2011
//

“I Committed Murder”

Sep 25,

2011 10:00 AM EDT
*

online home of Newsweek magazine

http://www.thedailybeast.com/newsweek/2011/09/25/i
-
committed
-
murder.html

Q)
The executioner is the one that suffers,” Givens says on the day after Davis’s
execution

in Georgia. “The person that
carries out the execution itself is stuck with it the rest of his life. He has to wear that burden. Who would want that on
them?”

(UQ


N/Link,

life imprisonment is also severe punishment. It can retain some extent of proportionality.
Because no threshold is given, the proper extent of proportionality is unknown.


Value
:

Proportionality is not
good to decide the
extent of

punishment
.

Instead, we should adopt
consequentialism, according to which the most suitable punishment is most beneficial one.

Science Encyclopedia

available at 2013//

Science Encyclopedia

from
the JRank Science & Philosophy website

“Punishment
-

Retribution And Conse
quentialism

http://science.jrank.org/pages/10920/Punishment
-
Retribution
-
Consequentialism.html

Q)
The second common category of justification is consequentiali
sm, which looks toward the future rather than
backward toward the crime. For the consequentialist, retributivism is nothing more than a compromise with revenge,
and no punishment can be legitimated without knowing that it will bring forth good effects.
(UQ

AFFIMATIVE

KIDL Model

2013

11
/
26

OFF Case

Attack on DA retribution


2.
Retributivism
faces practical problem


N/uni
Death penalty is
crueler

than homicide.
I
t exceeds the limit of
proportionality
.

BBC 2013

//

Ethics

Guide
“Arguments
against

capital punishment”

http://www.bbc.co.uk/ethics/capitalpunishment/against_1.shtml

Q)
Camus and Dostoevsky argued that the retribution in the case of the death penalty was not fair, because the
anticipatory suffering of the criminal before execution would probably outweigh the

anticipatory suffering of the victim
of their crime.

(omit)
In Japan, the accused are only informed of their execution moments before it is scheduled. The
result of this is that each day of their life is lived as if it was their last.

UQ


N/uni.

in SQ, lo
ts of sentences are not rational but emotional.

Researcher
Gerber

2012

/
/

Monica M. Gerber
,

PhD Student

of
London School of Economics & Political Science
-

Methodology Institute

“Retribution as Revenge and Retribution as Just Deserts”

published in Social
J
ustice

Research,
ISSN:
0885
-
7466 (Print)

1573
-
6725 (Online)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2136237
(
左の
URL
からダウンロード
)

Q)
According to Banks (2008), criminologists thought of retribution as vengeance until the 1970s

and in the 1980s, a
theo
ry of just deserts became more relevant. Ho et al., (2002), on the other hand, argue

that revenge and justice
motivations are often confused, and that the state justifies the harshest

punishments by referring to needs for “justice”.


UQ


____
So present cri
minal justice exceeds the limit of proportionality.

P
rofessor
Liebman

2000
//

James S. Liebman
,
Simon H. Rifkind Professor of Law

of
Columbia University School of
Law
,
“A Broken System: Error Rates in Capital Cases,

1973
-
1995”

published in
C
olumbia Law
School, Public Law
Research Paper No. 15

http://www2.law.columbia.edu/instructionalservices/liebman/liebman_final.pdf

Q)
High error rates put many individuals at r
isk of wrongful execution:

82%

of the people whose capital

judgments
were overturned by state post
-
conviction courts due to serious error were found to

deserve a sentence

less than
death

when the errors were cured on retrial;

7% were found to be

innocent o
f the capital crime.

UQ


T/A

th
is

disproportional
ity is eased by AFF plan.


AFFIMATIVE

KIDL Model

2013

12
/
26

OFF Case

Attack on DA retribution

3.
Public opinion is deceiving


N/imp

Public opinion

is
bias
ed, and not important for decision making.
.

Researcher
Sato

2008
//

Mai Sato
,
A

research

fellow of
The Institute for Criminal Policy Research
,
Oxford
-
Howard
League post
-
doctoral fellow at the Centre for Criminology, University of Oxford

PUBLIC

OPINION AND THE
DEATH PENALTY IN JAPAN”

published in
Occasional Papers Series, Vol 4.
London


http://www.westminster.ac.uk/__data/assets/pdf_file/0004/43429/v.4_4.pdf

Q)
Public opinion concerning the death penalty is based on misinformed and uninformed
knowledge of the Japanese
death penalty system. In theory, such public opinion should not be used as a barometer to decide crucial criminal
policies.

(UQ


____
Public opinion

is
based on the false understanding of
deterrence

theory.
.

Same Source

Q)
The
third feature regarding the nature of public opinion and the death penalty is public ignorance.
(omit)
Taking the
issue of deterrence, according to the 2004 Government poll, 60 per cent of the respondents believed that the crime rate
would increase if the
death penalty was abolished (Appendix 4). However, studies have not yet proved any deterrent
effect of the death penalty (Tabak, 1998: 1431
-
1439; Hood, 2002: 208
-
232).

(UQ


____Good understanding of death penalty changes
citizens’

mind toward abolition.

Sa
me Source

Q)
I
n Japan, Kikuta (1993: 152
-
193)

conducted a survey in 1989 polling 2,898 ‘already informed’ respondents’
including judges, prosecutors, prison staff, staff at the Minist
ry of Justice, lawyers,

university lecturers, and law
students.

T
he

results showed that 51 percent supported the death penalty and 43 per cent were opposed to it


more
favourable towards abolition in comparison to the 2004 Government poll.

(UQ


Value
: The important is not just to obey public opinion, but to lead them

Sam
e Source


Q)
Amnesty International (2000) urged governments to ‘lead’ public opinion and that the decision to abolish
the death penalty has to be taken by the government and legislators. For example, France, Germany, the
United Kingdom and Canada abolishe
d the death penalty although the majority of the public favoured
retention (see Hood 2002: 234). These countries held that popular sentiment alone should not determine
penal policy, and that it is also the responsibility of the elected representatives to e
xercise their own
judgement (
Ibid
.). Although in most countries, the public continued to support the death penalty after
abolition, after a while, in certain countries the support started to decline (Hood 2002: 243
-
4).

(UQ



AFFIMATIVE

KIDL Model

2013

13
/
26

OFF Case

Attack on DA retribut
ion

4.
Tolerance is better than retributio
n (value)

____Death penalty reduces social tolerance.

Associate Professor

Bae

2007
//
Sangmin Bae
,
Associate Professor

at

Northeastern Illinois University
,
CHAPTER
ONE

of
“When the State No Longer Kills
:
International Human Rights Norms and Abolition of Capital Punishment


State University of New York Press, Albany

p18
http://www.sunypress.edu/pdf/61504.pdf

Q)

The degree of social inequality or social
exclusion must also be considered

as one of the societal characteristics
associated with abolition or retention of

the death penalty. Several studies have highlighted the relationship between

the use of the death penalty and a nation’s failure to assimilat
e minorities

into the mainstream

of national life.


UQ


Impact

Social exc
lusion causes suicide.

Suicide Prevention
Australia
*
2011//
“Social Inclusion and Suicide Prevention”


http://suicidepreventionaust.org/wp
-
content/uploads/2012/01/SPA
-
Social
-
Inclusion
-
and
-
Suicide
-
Prevention.pdf

Q)
Social exclusion is cha
racterised by social isolation, a lack of connections and unequal access to resources


all
known

risk factors for suicide.

(UQ


____
Intolerance is the causality of high suicide rate of Japan.

The Economist 2008//

Death be not proud
,
A rash of suicides h
orrifies JapanMay 1st 2008



http://www.economist.com/node/11294805

Q)
Japan has one of the highest suicide rates among rich countries. Cultural factors are partly at play. Japanese society
rarely lets

people bounce back from the perceived shame of failure or bankruptcy.

(UQ


____
Change in social attitude is essential for suicide prevention.

The Economist 2008//


Death be not proud
,
A rash of suicides horrifies JapanMay 1st 2008



http://www.economist.com/node/11294805

Q)
Last year the government instituted measures such as a counselling service and hotlines, with the aim of cutting the
suicide rate by 20% in nine years. But these

are palliatives. More important would be a change in social attitudes.
Suicide might be less common if, rather than force people to endure lifelong shame, Japanese society began to allow its
people second chances.

(UQ


____The important is to promote dive
rsity.

Telegraph

2013//
“Tackle prejudice to lower suicide toll, MPs urged”

reported by
Liam Clarke


09 February 2013

http://www.belfasttelegraph.co.uk/news/local
-
national/northern
-
ireland/tackle
-
prejudice
-
to
-
lower
-
suicide
-
toll
-
mps
-
urged
-
29055996.html

Q)

J
im Weir, director of Youth Services, at FASA (Forum for Action on Substance Abuse and Suicide Awareness),
made his comments after a DUP
-
led debate on suicide in Westminster.

He said it was wrong to single out the internet
as a reason for suicide. He targ
eted bigoted attitudes and an uncaring society as more significant problems.

(omit)
He
stated: "The best thing the politicians can do to help reduce suicide and the depression which leads to it is try to break
down bigotry and division in society and promo
te diversity."

(UQ

AFFIMATIVE

KIDL Model

2013

14
/
26

OFF Case

Attack on DA retribution

5.
Police shooting will not increase


____
Next evidence investigate
s

the relation of death penalty and police shooting.

Adjunct Professor Rapp 2002
//
Geoffrey Rapp
,
Adjunct Professor, Wayne State
University Law School, Detroit,
Michigan.

“The Economics of Shootouts: Does the Passage of Capital Punishment Laws Protect or Endanger. Police
Officers?


published in
Albany Law Review

Vol65

http://www.albanylawreview.org/archives/65/4/TheEconomicsofShootouts.pdf

Q)
The data set employed in this article includes a number of possible variables that could be used to measure
shootouts in large urban areas across the United

States. Using this data set, I conduct several cross
-
sectional regressions
in order to perform an event study that attempts to isolate the effect of changes in state death penalty laws and in the
rate of capital punishment on the changes in the number of
shootouts.

(UQ


____
The
result

shows that
abolition of death penalty doesn

t increase police shooting.

Same source

Q)
Given the model specification,

it is not surprising that a large number of regressions yield no statistically

significant
results.
(omit)
It

[the death penalty]

has a positive effect on the number of felony suspects killed justifiably per violent
arrest, although this effect disappears when state
-
fixed effects or other controls are added to the regression specification.
(UQ

AFFIMATIVE

KIDL Model

2013

15
/
26

OFF Case

Attack on DA
Victims


Families


N/Uni

Death Penalty
does not cure victims


families.
.

Death Penalty Information Center
*2008//

new voices

victims


families


*
national non
-
profit organization serving
the media and the public with analysis and information

on issues concerning capital punishment.

http://www.deathpenaltyinfo.org/new
-
voices
-
victims
-
families

Q)
Ronald Carlson

wanted vengeance when his sister was murdered in 1983 in
Texas
.


(omit)

But he later discovered
that, “Watching the execution left me w
ith horror and emptiness, confirming what I had already come to realize:
Capital punishment only continues the violence that has a powerful, corrosive effect on society.”
(UQ



T/A

Counseling is better than death penalty.

Death Penalty Information Center
*2008//

new voices

victims


families


*
national non
-
profit organization serving
the media and the public with analysis and information on issues concerning capital punishment.

http://www.deathpenaltyinfo.org/new
-
voices
-
victims
-
families

Q)
Family members

of murder victims testified before the Maryland Senate Judiciary Committee on March 6 about the
painful toll the death penalty has taken on their lives, stating that the resources spent on seeking death sentences could
be better used elsewhere.

(omit)
Other family members of murdered victims agreed, suggesting that the money spent on
the death penalty could be better used in providing counseling and other support to survivors.

(UQ


T/A

The health state of t
he
victims


family

is better in non
-
death penal
ty state.

Associate professor Armour 2012//
Marilyn Peterson Armour,

the associate
professor
,

the
university

of Texas at
Austin,
“Assessing the Impact of the Ultimate Penal. Sanction on Homicide Survivors: A Two State. Comparison”

published in
Marquette Law

Review
Volume 96 Issue 1 Fall 2012

http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=5144&context=mulr

Q)
This Study used in
-
person interview
s with a

randomly selected sample of survivors from four time periods to
examine

the totality of the ultimate penal sanction (UPS) process and its

longitudinal impact on their lives. Moreover, it
assessed the differential

effect of two types of UPS by comp
aring survivors’ experiences in Texas,

a death penalty state,
and Minnesota, a life without the possibility of

parole (LWOP) state. Comparing states highlights differences primarily

during the postconviction stage, specifically with respect to the appeals

process and in regard to survivor well
-
being. In
Minnesota, survivors of

adjudicated cases show higher levels of physical, psychological, and

behavioral health.

(UQ


T/A

The family of the executed also suffers.

Death Penalty Information Center
*2013//


Stu
dies and Reports


*
national non
-
profit organization serving the media
and the public with analysis and information on issues concerning capital punishment.

http://www.deathpenaltyinfo.org/vic
tim
-
resources

Families of the executed are victims, too, according to the new report, which draws upon the stories of three dozen
family members of inmates executed in the United States and demonstrates that their experiences and traumatic
symptoms
resemble those of many others who have suffered a violent loss.

AFFIMATIVE

KIDL Model

2013

16
/
26

OFF Case

Crime and Deterrence

1.
Critique

on DA



Their argument is not evidenced at all. It

s crucial. Because our mind state, especially that of
murderers, is not so simple, we cannot say anything from our common sense theory.



We can easily find counter analysis about
their

sense of guilt. For example, the sense of guilt is due
to our compass
ionate nature and there is nothing unique to punishment and death.



There is no proof that level of punishment has substantial effect on our mind

s making decision.



Execution may increases sense of guilt but it may decreases sense of tolerance. We don

t know
which is more effective crime deterrence.



Because death penalty is the nation

s depriving the most fundamental right of life from human
being, NEG

must verify its clear merit based on solid evidences. So, their deterrence theory, which
is totally

groundless with lots of unwarranted assumptions, should be discarded. .


AFFIMATIVE

KIDL Model

2013

17
/
26

OFF Case

Crime and Deterrence

2.
Empirical research is stronger than assertion


____
Recent
sophistication

of analysis method kills moral argument. .

T
he New York Times2007
//

“Does
Death Penalty Save Lives? A New Debate”

http://www.nytimes.com/2007/11/18/us/18deter.html?pagewanted=all&_r=0

Q)
The early studies were inconclusive, Justice Potter Stewart wrote for three justices in the majority in that decision.
(omit)
But the studies h
ave started to reshape the debate over capital punishment and to influence prominent legal
scholars
.
The evidence on whether it has a significant deterrent effect seems sufficiently plausible that the moral issue
becomes a difficult one,” said Cass R. Suns
tein, a law professor at the University of Chicago who has frequently taken
liberal positions
. (UQ


____
Recent accumulation of
empirical

research

kills groundless assertion.

Professor Lamperti 2010/
/
John Lamperti
,
Professor of Mathematics, Dartmouth Coll
ege
,

Does Capital Punishment
Deter Murder?

A brief look at the evidence


Hanover, NH

March, 2010



http://www.dartmouth.edu/~chance/teaching_aids/books_articles/JLpaper.pdf

Q)
As

the amount of data increased that level would become smaller, and zero

effect would be the natural
conclusion.
(omit)
As the negative evidence accumulates, it becomes more and more

implausible to base one’s “case for
deterrence” on the smaller and smaller

region of uncertainty which remains.

(UQ


____
The net effect is measured only
through

statistics.

Professor Lamperti 2010//
John Lamperti
,
Professor of Mathematics, Dartmouth College
,

Does Capital Punishment
Deter Murder?

A brief look at the evidence


Hanover, NH

March, 2010



http://www.dartmouth.ed
u/~chance/teaching_aids/books_articles/JLpaper.pdf

Q)
When we acknowledge that there must be instances when capital punishment

helps deter a murder, we must also
recognize that at other times it can

encourage what it is meant to prevent. Since neither effec
t can be measured

directly
we are forced back to the statistical studies, which seek to determine

the net effect.

(UQ


____
AFF evidence uses
an

analysis method to eliminate
alternative

causality
.

Professor Sakamoto 2001
//
Akira
Sakamoto, The professor at

Ochanomizu University
,
“Does the media coverage of

capital punishment

have a deterrence effect on the occurrence of brutal crimes?: An analysis of the Japanese time
-

series data from 1959



1990”
,

May 12, 2001
, published in
Progress in Asian Social Psycho
logy, 3, 277
-
290, 2003,

peer reviewed.
http://www.hss.ocha.ac.jp/psych/socpsy/sakamoto/media/2003
-
2004/capital%20punishment%20text.pdf

Q)
In the

present study, we attempted to assess the effects of the publicity itself as accurately as

possible, using the
time
-
series analysis and removing other explanatory factors through this

analysis. Strictly speaking, an experiment with
randomized group design
is ideal for testing

causality, but the time
-
series analysis of data from many periods is also
regard as an

excellent method for revealing causality (Cook & Campbell, 1979).
(UQ

AFFIMATIVE

KIDL Model

2013

18
/
26

OFF Case

Crime and Deterrence

3.
A b
rief look at abolitionist countries’ data
denies deterrence theory.


____
The homicide rate per capita is decreasing in abolitionist countries.

Australian Institute

of Criminology
1987
//

Australia

trend
s

&

i
ssue
s

in crime and criminal justice
,
No. 3

Capital
punishment


Compiled and written by Ivan
Potas and John

Walker

http://www.aic.gov.au/documents/F/6/D/%7BF6D67388
-
75E0
-
4CBC
-
8181
-
E0BF0204D3CF%7Dti03.pdf

Q)
Trends in Australia over the last 20
years demonstrate an increasing number of homicide cases

(excluding driving
causing death) being reported to the police,

but since the figures are rising more slowly than the population, the
homicide rate has actually fallen over this period,

from nearly s
ix per hundred thousand to less than 4.4.

(omit)
Experience overseas supports this Australian evidence. For example, when statistical material from various countries is
considered, the presence or absence of the death penalty does not appear to indicate an
y significant influence upon the
rates of murder and homicide

and the preponderance of evidence suggests that the abolition of capital punishment has
not resulted in any significant increase in the murder rates
.

(UQ


____T
h
e homicide rate is increasing more slowly than other crimes in abolitionist countries.

Professor Lamperti 2010/
/
John Lamperti
,
Professor of Mathematics, Dartmouth College
,

Does Capital Punishment
Deter Murder?

A brief look at the evidence


Hanover, NH

Ma
rch, 2010



http://www.dartmouth.edu/~chance/teaching_aids/books_articles/JLpaper.pdf

Q)
Other nations

such as Great Britain have experienced increases in murder
--
but even

greater increases in other
violent crimes which were never subject to death

sentenc
es. Some years ago this passage from a United Nations study
summed

it up: "It
is g
enerally agreed that the data which now exist show no

correlation between the existence of
capital punishment and lower rates of

capital crime."

(UQ


____Moreover, recent

empirical approach

denies deterrence theory.

Professor Lamperti 2010//
John Lamperti
,
Professor of Mathematics, Dartmouth College
,

Does Capital Punishment
Deter Murder?

A brief look at the evidence


Hanover, NH

March, 2010



http://www.dartmouth.edu/~cha
nce/teaching_aids/books_articles/JLpaper.pdf

Q)
In the last quarter century, investigators have used more sophisticated

statistical methods both to analyze new data
and to reexamine older findings in

new ways. With few exceptions the results are

consistent

with the earlier findings.
Bailey and Peterson, for example, conclude

that "Deterrence and capital punishment studies have yielded a fairly

consistent pattern of non deterrence."

(UQ



AFFIMATIVE

KIDL Model

2013

19
/
26

OFF Case

Crime and Deterrence

4. Professional understanding of e
mpirical research denies deterrence unique to death


Method
: This study surveyed expert opinions on deterrence theory.

professo
r Radelet

2009//

Michael L. Radelet,
professo
r and Chair, Department of Sociology, University of
Colorado
-
Boulder
,

“Recent Devel
opments; Do Executions Lower Homicide Rates?: The Views of Leading
Criminologists”

Journal of Criminal Law and Criminology

Volume 99, Number 2, Spring 2009

http://www.deathpenaltyinfo.org/files/DeterrenceStudy2009.pdf

Q)
In this Article we report

results
from a survey of the world’s leading criminologists that asked their

expert opinions
on whether the empirical research supports the contention

that the death penalty is a superior deterrent.
(UQ


Method
: These opinions are based on
professional

understandi
ng of empirical research

S
a
me Sourse

Q)
We instructed respondents to refrain from answering the questions on

the basis of their personal opinions about the
wisdom of the death penalty

and asked them instead to limit their answers to their understanding of
the

empirical
research.
(UQ


Result:

The
deterrence

theory is almost denied.

S
a
me Sourse

Q)
The results indicate that only a small

minority of top criminologists

10% or less, depending on how the

question is
phrased

believes that the weight of empirical res
earch studies

supports the deterrence justification for the death
penalty.

(UQ


Result:

The
deterrence

theory is almost denied.

S
a
me Sourse

Q)
Finally, Question 12 was developed as a summary question by the present researchers to ascertain the overall belief
in the deterrence hypothesis. Here only 2.6% of the 2008 respondents agreed that executing people deters others from
committing murder, whil
e 89.6% of the experts disagreed. The message is clear: few of America’s top criminologists
believe the threat or use of the death penalty can reduce homicide rates any more than long
-
term imprisonment.
(UQ


Result
:
The probability of execution has nothing

to do with
deterrence
.

S
a
me Sourse

Q)
Responses to Question 9 show

that 18.7% of those in the 1996 sample thought that increasing the

frequency of
executions would increase the overall deterrent effect, but only

8.3% thought so in 2008.
(UQ


AFFIMATIVE

KIDL Model

2013

20
/
26

OFF Case

Crime and Deterrence

5.
MDP(mandatory death penalty) is ineffective


____

There was MDP in
Singapore
.

Professor
Zimring

2009
//
Franklin Zimring
,
Professor and Director

of
University of California at Berkeley
,

Executions,
Deterrence and Homicide: A Tale of
Two Cities”

published in
Columbia Public Law Research Paper No. 09
-
206
,
CELS
2009 4th Annual Conference on Empirical Legal Studies Paper
,
Journal of Empirical Legal StudiesVolume 7, Issue 1,
pages 1

29, March 2010
, and
Boalt Working Papers in Public Law, B
oalt Hall, UC Berkeley

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436993

Q)
In

Singapore, a death sentence is mandatory for murder.

Thus, persons convicted of murder will b
e sentenced to
death.
(UQ


____

The comparative study of Singapore and Hong Kong is
effective


Same Source

Q)
The final advantage of Singapore as a setting for deterrence research is the

existence of a similar city


the Special
Administrative Region of Ho
ng Kong


with a

strikingly different death penalty policy. These two jurisdictions are
similar in scale,

geography, demographics, culture, historical and economic development, and recent

growth in
population.

(UQ


Method:

This
research

used comparative
methodology

to identify the effect of death penalty,

Same Source

Q)
We estimated a series of regressions to identify the effect of executions in

Singapore on the Singapore murder rate,
controlling for the contemporaneous trend in

Hong Kong homicide rates

and a linear time trend to incorporate the
broader secular

pattern of decline in homicides in both cities.

(UQ


Result:

MDP has no effect on homicide level and trend.

Same Source

Q)
Homicide levels and trends

are remarkably similar in these two cities ov
er the 35 years after 1973,

with neither the
surge in Singapore executions nor the more recent steep

drop producing any differential impact.

(UQ


AFFIMATIVE

KIDL Model

2013

21
/
26

OFF Case

Crime and Deterrence

6.
Strict punishment for repeated offence is
ineffective


____

Three strike
s

law is
similar

to CP.

T
h
e free dictionary available at 2013//
“Three Strikes Laws”

http://legal
-
dictionary.thefreedictionary.com/Three+Strikes+Laws

Q)
The state of California followed, in 1994, by enacting a three strikes law that mandates a sentence of 2
5 years to life
for a third felony conviction. Unlike Washington, the California law counts nonviolent felonies, such as
Burglary

and
theft, as "strike" offenses.


UQ


PMA

T
h
e result of

three strike law shows harsher penalty on repeated crimes is not effective.

Professor
Parker

2012//
Robert Nash

Parker
,
Professor of Sociology
,
University of California, Riverside
,

“Why
California’s ‘Three Strikes’ Fails as Crime and Economic Policy, and What to Do”

published in
California Journal of
Politics and Policy
http://www.degruyter.com/view/j/cjpp.ahead
-
of
-
print/cjpp
-
2012
-
0008/cjpp
-
2012
-
0008.xml

Q)
Although political leader
s and the public believe that California’s “tough on crime” policies, most notably its “Three
Strikes” sentencing framework, put into effect in 1994, are responsible for a 100% crime drop in California since 1992,
the evidence from research and a logical e
xamination of data on violent crime state by state over the past 50

years
conclusively shows this is not the case. A multivariate time series model for California over the last five decades shows
that the imposition of Three Strikes in 1994 has had no impa
ct on violent crime in the state, but alcohol consumption
and unemployment have important impacts on the rate of violent crime.

(UQ


T/A

Rather, well
developed

job assistance is
important

for crime prevention. C/A up above. So CP
is
inferior

because

it jus
t consumes money, which could be used for job assistance. C/A AD3.


AFFIMATIVE

KIDL Model

2013

22
/
26

OFF Case

Crime and Deterrence

7.
Mandatory penalty is problematic (Attack on CP)


Plan flaw
:

they provide no funding.
Suppose if the added cost for
each
death penalty case
is about one
hundred
million yen, and the annual murder number is kept about one thousand, the overall added cost would be about one
trillion yen. How can they provide this money?


PMA

anyway
prosecutor’s

discretion

remains.

Smart Justice
*

2013//
“Mandatory sentencing


*
Smart Justice is supported by a coalition of organisations led by the
Federation of Community Legal Centres (Victoria) Inc, the peak body for Victoria’s 49 community legal centres.

http://www.smartjustice.org.au/resources/SMART_Mandatory.pdf

Q)
Instead
of judges having discretion to impose

the appropriate sentence, mandatory sentencing

shifts discretion to
police and prosecutors

who decide


behind closed doors


whether

or not a charge that carries a mandatory sentence

should be brought against an offen
der.

(UQ


__
Mandatory sentencing means a one size fits all approach to the culpability

of the offender,
instead of matching the sentence to the actual

level of seriousness of the offending. This leads
inevitably to harsh

and unfair sentences.


T/A

judge

s
discretion is needed for fair
judgment
.

Cowdery 2005//
Nicholas Cowdery
,
Director of Public Prosecutions, NSW
,
President

of

International Association of
Prosecutors


The criminal process and the role of the discretion


http://www.odpp.nsw.gov.au/speeches/Legal%20Studies%20Association%20%28Teachers%29%202005%20paper.htm

Q)
If the prohibited conduct could be precisely described in advance and
if strict and inflexible rules for dealing with
them could be enacted in advance, life in the criminal law would be greatly simplified.
(omit)

But life is not so black
and white and the criminal law has more shades of grey to it than the pre
-
dawn light. Off
ences are prescribed by
reference only to the essential elements or ingredients to be proved and they may often be established from widely
differing surrounding factual circumstances. That is why discretion must be exercised in the enforcement and
applicat
ion of the criminal law.

(UQ

AFFIMATIVE

KIDL Model

2013

23
/
26

OFF Case

Crime and Deterrence

8.
Death penalty just creates false
sense

of security.


____False sense of security by the capital punishment blinds us from real solution.

CCLADP
*

1999//


The Gospel of Life vs. The Death
Penalty, a pastoral letter on capital punishment by Most Rev.
Sean O'Malley, OFM Cap., Bishop of Fall River, Massachusetts, issued Feb. 25, 1999.”
, *
California Catholic Lawyers
Against the Death Penalty is an organization of lawyers

http://www.ccladp.org/r
esources/legislators/gospel_of_life.html

Q)
However, the reality is that capital punishment does not deal with crime in any useful way, rather it deludes the
public into a false sense of security about a complex social problem. The death penalty is really
a way of avoiding the
problem of crime instead of dealing with it. In studies referred to earlier, almost 87 percent of the criminologists and 57
percent of police chiefs find it quite accurate to say: "Debates about the death penalty distract Congress and

state
legislatures from focusing on real solutions to crime problems."
(UQ


____False sense of security is bad.

Researcher Arai

2012
//
荒井崇史
,
科学警察研究所犯罪行動科学部

犯罪

犯罪
・ ス







他者との会話の影響力



http://www.syaanken.or.jp/wp
-
content/uploads/2012/05/B
-
01.pdf

Q) Anxiety for crime is not necessarily bad. For example, anxiety for crime motivates prevention measures such as to
stay away from dangerous area

Skogan & Maxfild, 1981

. (omit) So it is desired to relieve the anxiety to fit the reality
rather than to van
ish it completely. (UQ


Augmentation of police force has much more substantial effect on crime prevention than
de
ath
penalty.
C/A AD3. c)


____
Effective
crime prevention creates
true
sense of security.

Research Foundation for safe Research 2001//
財団法人

社会 全研究財団


犯罪 対 る 感等 関 る
調査研究

第4回調査 告書

平成
23
年3月


http://www.syaanken.or.jp/wp
-
content/uploads/2012/05/23031bouhan23_03.pdf

Q)
Seen from this investigation, it can be said that public insecurity concerning crime is improved to the adequate level.
After 2002 when recognized number of crimes is recorded over 2,850,000, which is the most after the end of World
War II, since security
agencies represented by police work hard and nationals focus on volunteer activity for anticrime
with huge amount of energy, the recognized number of crimes decreased every year, and in 2008, it became over
1,810,000, and in 2009, it became over 1,700,000.

In spite of the decrease over 1,000,000 of recognized number of
crimes, although it is said that public insecurity for crime has hovered, it is revealed it reduced in keeping with the
reality at last.
(UQ

AFFIMATIVE

KIDL Model

2013

24
/
26

O
n

Case

Support for AD3


Plan
f
law

Money is not l
imitless
. (Attack on MR)

Reuters 2013//
“Japan government panel: need to achieve primary budget surplus”

TOKYO | Tue Jan 22, 2013
6:56am EST
,
Reporting by Stanley White; Editing by Edmund Klamann

http://www.reuters.com/article/2013/01/22/us
-
japan
-
economy
-
budget
-
idUSBRE90L0BF20130122

Q)
The government should also limit new bond issuance as much as p
ossible when compiling the budget for fiscal
2013 to maintain trust in the government bond market, the Council on Economic and Fiscal Policy (CEFP) said,
according to a draft distributed to reporters.

(omit)
Abe's government faces a delicate task because p
ledges to increase
fiscal spending could cause bond yields to rise, which could hurt the economic outlook.
(UQ


____
Death penalty costs
much more than LWOP

Professor Fagan
2013
//
Jeffrey A. Fagan, Professor of Law & Public Health; Co
-
Director, Center for Cr
ime,
Community, and Law
,
“Capital Punishment: Deterrent Effects & Capital Costs”
©Copyright 2013, Columbia Law
School

https://www.law.columbia.edu/law_school/communications/reports/summer06/capitalpunish

Q)
Even in states where prosecutors infrequently see
k the death penalty, the price of obtaining convictions and
executions ranges from $2.5 million to $5 million per case (in current dollars), compared to less than $1 million for
each killer sentenced to life without parole.

(UQ


AFFIMATIVE

KIDL Model

2013

25
/
26

Others


____
Death penalty entails a risk of unrecoverable judicial error.

Amnesty International

available at 2013
//
”THE DEATH PENALTY Questions and Answers”

http://www.amnestyusa.org/pdfs/dp_qa.pdf

Q)
Unlike imprisonment, the death penalty entails the risk of judicia
l errors which can never be corrected. There will
always be a risk that some prisoners who were innocent will be executed. The death penalty will not prevent them from
repeating a crime which they did not commit in the first place.
(UQ


____
U
npublished stu
dy is unacceptable.
T
h
is opinion is authorized in Advanced Debate.

Lee 1992
//Tim Lee, Dave Harris, Craig Dudczak,

The use of Empirical Studies in Debate


published in Advanced
Debate Fourth edition p113, National Textbook Company

Q) W
e normally assume th
at information which is accessible to others in the same field is more credible than
information that is not so available. When information is subjected to the rigorous examination of other experts, we are
more confident of accepting the information. This
is because the flaws in methodology and analysis that may occur in
the research are given a broader scrutiny and are more likely to be discovered. (omit) It is primarily for this reason that
unpublished studies, private letters, and such unpublicized infor
mation does not gain acceptability. (UQ
-


AFFIMATIVE

KIDL Model

2013

26
/
26

日本語エビ
の原文


p3,
Journalist

青木

2〱0

//
誤解を恐れず記せば、私が会った彼らは、拍子抜け るほど普通の人々だった。
いや、普通よりもはるか 脆弱な雰囲気を漂わせていた。だからこそ切羽詰った状況下で信じがたい犯行
突き進んでしまった。周辺取材も重ねた私はそんな風 確信 るよう なった。 べての死刑囚がそうだと
はもちろん限らない。ただ
私が出会った四人は自らが犯した罪の重さ 喘ぎ、被害者遺族 少しでも謝罪の
気持ちを伝えられないかと煩悶していた。


P7,
47News 2008

大阪府の財政再建のためのプロジェ トチーム(PT)が打ち出した警察官520人削減をめぐり24日、
PTと大阪府警が初協議。

(omt)
終了後、府警の川端富雄総務部長は記者団 「警察はマンパワー。直接人
と接して事案 対応しないといけない。警察官を出来るだけ外 出して犯罪を抑えたい」と人員削減の難し
さ 理解を求めた。


P23,
Researcher Arai
2012
//

しかし一概 犯罪 を感じることが悪いこととは言い切れない。
例えば,犯罪 は,危
.
険な地域を避け
ることなど回避的対策をもたら といわれる(
Skogan & Maxfild, 1981
)。つまり
.
を感じることで,我々
は危険を回避し, 全を担保している。それゆえ , を完全 なく より,現実 即した程度 改善

ことが求められる。


P23,
Research Foundation for safe Research 2001


今回の調査結果を見る限り、国民の犯罪 対 る 感(体感治 )は、相当のレベル まで改善されたと
言うことができる。刑法犯の 知件数が戦後最大の
285
万件余を記録した
2002
年以降、警察をはじめと
る治 機関 よる懸命の努力と防犯ボランティア活動 注ぎ込まれた国民の膨大なエネルギー よって、
年々刑法犯の 知件数は減少し、
2008
年 は
181
万件余 、
2009
年 は
170
万件余 まで減少した。この
刑法犯 知件数の
100
万件以上の減少 も関わらず、国民の犯罪 対 る 感は高止まり状態であると言
われ
てきたが、今回の調査 よって、それが漸く現実 即して低減したことが明らか なった。






©
Kansai Intercollegiate Debate League, March 2013