-Abraham Lincoln
Because I agree with Lincoln, I negate the Resolution, which follows
Resolved: In the United States criminal justice system, truth-seeking ought to take precedence over attorney-client privilege.
I approve of the definitions provided by the affirmative.
Value and Criterion:
My value will be Civil Liberties (Civil Rights). The freedom from arbitrary governmental interference, specifically by denial of governmental power and in the United States especially as guaranteed by the Bill of Rights. Which is important because through this ideal an individual cannot be forced into action or …show more content…
This criterion is important because through the Constitution individuals are given the ability to ensure their safety and protect to a greater degree their individual rights while incompliance with the United States legal system. This criterion achieves my value premise because the Constitution provides every individual the right to a fair trial and equal representation therefore supporting Civil Liberties in the fact that the government is abiding to the fundamentals on which it was established while meeting and upholding each person’s individual rights.
I negate the resolution for the following two contentions:
1. It is Morally Permissible to better a Criminal Justice System which does not include Truth Seeking
2. Attorney-Client Privilege is vital for Fifth Amendment Protections
1. Moving onto my first Contention: It is Morally Permissible to better a Criminal Justice System which does not include Truth Seeking
a. Truth seeking and justice are not the same thing.
b. Truth seeking is not the goal of the Criminal Justice System.
c. Eliminating Attorney-Client Privilege Fundamentally Alters the Criminal Justice …show more content…
The Oxford Dictionary defines Justice as a behavior or treatment based on or behaving according to what is morally right and fair.
f.ii. Furthermore it defines Truth as the quality or state of being in accordance with fact and reality.
f.iii. Through these definitions we are able to see that truth and justice are not synonymous. And seeing as how Justice is a moral ideal and not in correspondence with truth, in the form of facts, it cannot always comply to what the truth dictates. What truth dictates is not always just. Thus truth must comply to justice.
f.iv. By looking at the criminal justice system we are able to see that truth is not the primary goal, instead it is to establish and determine what is just, thus upholding justice. This is possible to happen without the need for truth-seeking.
g. The perusal of justice over truth-seeking is in correspondence with Civil Liberties (should be Civil Rights) in the fact that since the Criminal Justice System is the process through which justice is upheld, the perusal of truth by the government would be an arbitrary interference and is therefore nonpermissible.
2. And finally moving onto my second Contention: Attorney-Client Privilege is vital for Fifth Amendment