Perpetrators of minor crimes should not be arrested
The debate is finished. The distribution of the voting points and the winner are presented below.
After 2 votes and with 6 points ahead, the winner is...
- Publication date
- Last updated date
- Type
- Standard
- Number of rounds
- 3
- Time for argument
- Three days
- Max argument characters
- 10,000
- Voting period
- Two weeks
- Point system
- Multiple criterions
- Voting system
- Open
Resolution: This House would encourage perpetrators of minor crimes not to be arrested
Definitions: Minor crimes are those which are of a less serious nature [1]. These include petty theft, vandalism, public intoxication, trespassing, and the like.
Rules: (1) No kritiks (2) BOP is shared (3) No new arguments in the final round
Sources: [1] https://definitions.uslegal.com/m/minor-offense/
Arrest is the apprehending or detaining of a person in order to answer for an alleged or suspected crime. The U.S. Constitution's Fourth Amendment authorizes arrests only if the police have "probable cause" to believe that a crime was committed and that the suspect did it.
- Rape (third degree)
- Credit Card Fraud
- Loansharking
- Burglary (third degree, AKA the intent to commit further crimes beyond trespass)
- Criminal Mischief (second degree, AKA vandalism causing >$1,500 in damages)
- Wanton Endangerment (first degree, AKA doing behavior likely to kill people for the fun of it)
- Criminal Possession (third degree, AKA knowingly trying to benefit from theft of >$3,000)
- And more.
C1: It’s morally unjust to arrest perpetrators of minor crimes (a. Arrest is not a proportional punishment)
C1: It’s morally unjust to arrest perpetrators of minor crimes (b. Arrest denies these people a second chance in life)
C2: Minor offenders are more likely to reoffend if sent to prison
C3: The current system is systematically biased against racial and ethnic minorities
C4: This Abates the problem of prison overcrowding
- Burglary (third degree):
His plan calling for police being unable to remove trespassers (even when they
have clear intent to commit worse crimes but have not gotten around to it yet),
stands as is. His pointing out what I already did that there are worse degrees
of the crime, in no way refutes that his plan undermines public safety.
- Loansharking: His plan
calls for loansharks to be immune to arrest unless other related crimes are
already proven. He has not denied this, merely pointed out there are worse
crimes and how loansharks lives could be ruined if they were punished.
- Rape (third degree):
Another crime to which he views the perpetrators as the victims systemic racism if they are to be capable of being punished for their choices. It is akin to part of the Broke Turner defense, that rapists (or in this case, an attempted rapist) shouldn't suffer any consequences over "20 minutes of action" (quote is from Broke Turner's father, not to be confused with pro).
(1) what exactly are the minor crimes that they would arrest people for committing
(2) what ‘arrest and release means’
Pro's preferred dictionary defines arrest as:Arrest is the apprehending or detaining of a person in order to answer for an alleged or suspected crime. The U.S. Constitution's Fourth Amendment authorizes arrests only if the police have "probable cause" to believe that a crime was committed and that the suspect did it.
not actually send these minor criminals to prison... their CP is technically my plan
Overview:
Format:
Is it morally justified to arrest a minor criminal?
Which side is best for minor criminals?
To be clear, pro's change to wanting to legalize crime stems from his R2 opposing to any record of arrest when trying to defend his counter plan against the holes (mainly that an arrest doesn't guarantee exposure to any of the problems in prison, thus still arresting people but not sending them all to prison was a better option): But he insists any record of an arrest for what someone freely chose to do "means being denied college admission or jobs because they committed one minor crime, because they have one black mark on their record. They are systematically being denied a second chance in society." Thus, for any of pro's solutions to be implemented as he envisions them in R2 forward, it means not even giving small fee for any crime under consideration.
They still haven’t posted any constructive arguments
Con has dropped my attacks on their round one material
Is it morally justified to arrest a minor criminal? (a. What is a minor crime?)But USLegal only says that minor crimes can include misdemeanour cases, class D felonies,
(a) The minor offenses and violations docket has jurisdiction over the following:(1) All Class D felony cases.
Is it morally justified to arrest a minor criminal? (a. Impacts)
Which side is best for minor criminals? (a. Redemption)minor criminals not being able to sustain themselves
Which side is best for minor criminals? (b. Who best protects these criminals?)
Which side is best for minor criminals? (c. Minorities)
Which side is best for society? (a. Decriminalization)
Which side is best for society? (b. Safety)
RfD in comments. https://www.debateart.com/debates/577?open_tab=comments&comments_page=1&comment_number=19
Apologies for the delay:
</ Conduct \>
Both members showed an equitable amount of professionalism towards one another, preserving an aura of intellectualism and civility. No overt cases of ‘Ad Hominem’ or emotional flares were seen, yet there were a series of vague expressions made by Pro which could be parsed as personal attacks. However, I chose to observe these as a passionate overture rather than make a petty allocation of points.
</ Spelling i Grammar \>
As expected, both opponents made sublime and clear use of language and wording, avoiding any patterns of sloppiness or inattentiveness. There were some casual lapses made in this trend, yet easily passed over. I also wanted to express my admiration for not only the eloquence of the language used, but its use in a manner that did not compromise how simple and easily read it was.
</ Summation \>
The instigator created this debate with the condition that both proponents shared the burden of proof, as the topic was a resolution. This topic was resolved as ‘Perpetrators of Minor Crimes Should not be Arrested’. No further form or terms were issued. Given this, Con reached into the discussion in the most rational and literal sense. Pro opened discourse with more drawn out opening, bringing to light their core themes, those being concerns with moral justification, recurrent crime, systematic racism, overcrowded prisons i <3> stigmatization. <1> Con urgently identified a ‘Kritik’, and addressed this with a clear definition of ‘Minor Crimes’, <4> the distinguishment between arrest and incarceration, describing the distortion of a source, and clearly refuting Pro’s points. However, what argument Con did make only meagerly exercised the BOP in comparison to Pro, and Pro was quick to take account of this upon round two. Pro denies the presence of a ‘Kritik’ and continues to build upon their case, <2> but fatally contradicts himself on his accepted definition of ‘Minor Crimes’ within this argument. Pro and Con continue to contest the claims made by their counterpart, with the ‘Kritik’ i the shared definitions becoming an increasingly emergent issue until the conclusion of the discussion.
</ Naglasci \>
<1> Pro makes substantial use of an ontological ‘Kritik’ surrounding his ethical and loosely related theme of penal heath care i systematic racism. O veci predmet, nearly all of Pro’s argument stemmed from the inclusion of the ‘Entire’ judicial system, extending outside of arrest to both conviction i incarceration. This is a clear ‘Kritik’ that focuses on other societal institutions in order to validate the resolution. Veoma znacajno, this is in violation of Pro’s established rules.
<2> Pro contradicts his accepted definition of ‘Minor Crimes’, first stating that he agrees with the convention parameters, then later calling these same parameters ‘Ludicrous’ once defined bt CON.
<3> Con makes flawed implication that the stigmatization criminals face is somehow the product of law enforcement rather than the independently developed opinion of the public, and cites the damaging consequences on the ‘Victim’s’ livelihood. Na moje najbolje od poznavanje, there is no law expressly refusing former criminals employment.
<4> Con identifies and refutes a violation of the established laws, as Pro has conflated two entirely different subjects on the grounds of causation.
</ Argumenti \>
I had severe reservations concerning where Pro clearly placed the blame for the stigma surrounding criminals. Rather than placing society at fault, or even the criminals themselves for breaking the law, Pro would rather subjectively accuse our legal institutions. Not only this, but Pro places quite a bit of emphasis upon a debatable precedent that systematic racism is rampant with the modern courtroom and police corps. Pro also establishes two very extreme cases of arrest and sentencing as the norm, and builds his case respectively.
</ Sources \>
Both parties made adequate use of sources. While there were some divergences from the source material, I chose not to lean one way or the other due to the imprecise nature of both the resolution and the reasoning comprising Pro’s contention.
Current events really bring this one to mind. Were this debate to happen today, I am quite certain I would lose; and justly so.
Thanks for the debate.
To be clear, I agree there are serious problems with our prison systems, in particular regards to abuse of three-strike laws.
In the case of shoplifting, just charging them for the merchandise and trespassing them, would be a more fitting solution than anything I've heard of produced by the criminal justice system for such a puny violation.
Thanks for voting.
Voting conclusion.
In the end Pro did not directly and causally link arrest to imprisonment. It is left implicit that the systemic issues with incarceration are as a product of arrest. I could have believed the link if the angle taken was related to guilty pleas and bail conditions - which I feel con could have made a good counter plan on (I would have liked con to have done this preemptively, but won’t hold it against him that he didnt - but pro doesn’t give a compelling link, so I have to reject the majority of his arguments
Benefits of arrest. Con didn’t do much at all here: but he did point out the necessity of police arresting individuals at the scene - the clear counter plan, and example plan in my view does enough to negate the majority of pros harms - whilst providing a small nominal benefit of arrest that I don’t believe was refuted.
The big thing for me is decriminalization. Pro himself argues for lack of prison sentencing and lack of arrests for minor crimes, and con clearly shows how this is tantermount to decriminalization, and emphasizes impact of victims. While pro disagree, broadly speaking his plan appeared to be to eliminate criminal records for both arrest and no prison time for crime. This is as close as you can get imo, and I have to side with con
The only point that i could have given to pro was related to racism and arrests. This is the only true harm pro states that is arrest related that maybe effected. I am tasked with weighing this against victims, and decriminalization - and so in my view the point is not strong enough to overcome the points con raises - as fundamentally in pros opening this doesn’t eliminate the issue - and cons counter offer plan sufficiently nullifies the harm.
As a result arguments to con
Recidivism/overcrowding. this seems again primarily related to imprisonment - with the exception that pro argues that arrest does get included in a criminal record. I must discount all of the imprisonment specific arguments.
Counter plan: cons counter plan is arrest but no imprisonment - this removes almost all of the issues presented and, imo is not the same as no arrest or imprisonment.
Round 2; con.
Kritik: I’m not buying this at all. I don’t feel that arguing the consequences of arrest is challenging the assumptions of the debate topic.
Ad hom: I’m going to reject this too, what pro said didn’t seem outside of the ordinary
Minor offences: I missed that this was defined by pro in the beginning, through his source. I don’t find it as cut and drop as con states (the sources include “can include”, and an example that includes class D felonies), but I would prefer running with the slimmer interpretation.
Decriminalization: con points out that pros objection here appears to be angling for full decriminalizafion - of these minor crimes. Re-reading pros rebuttal, this does seem to be the primary argument pro is making in context: no prison, no arrest. Con clearly justifies through victims why this shouldn’t be accepted.
I feel this covers the aspects of c3 which con didn’t cover elsewhere.
Round 3: in my view there was not anything new in this round that I have not already mentioned.
Con also points out the absurdity of the policy not being able to arrest and remove a perpetrator of a minor crime at the scene - to me this establishes a good core case for arrest.
Cons c1-2 seem to be echoing my point on arrest vs imprisonment. I will not go into details
C3: I will defer.
C4: con offers the counter plan of allowing arrest, but limiting the scope of imprisonment. This seems like a reasonable plan which does indeed seem to cover the majority of pros points with the exception of imprisonment without bail - con doesn’t make clear what’s going on here.
Round 2: pro.
Pro contends that there are more impacts from arrest other than the arrest itself. I can’t accept this without examples and context. Some generic “harm” that is unspecified is unweightable by me.
Pro contends that what constitutes minor crimes differs from that of con. Im going to see how this definition side of things plays out.
In the final observation - pro again seems to confuse arrest with imprisonment. Unless pro doesn’t provide me a knock out reason why I must accept the two as synonymous - I can’t accept this, ESPECIALLY i light of the counter plan.
Proportionality: given my response above, I can’t buy pros poaition here. He gives no real harm to weigh, and no clear link from arrest to imprisonment.
Arguments:
My major issue issue with this debate, is that it appears pro is confusing arrest with imprisonment. As a result, I cannot accept any of pros arguments that directly relate to imprisonment as a punishment as opposed to the arrest as topical unless con agrees (I haven’t read this far yet!)
So pro round 1:
C1a: appears to relate to bail, rather than arrest - I will accept this only if con doesn’t challenge
C1b: appears to be relating to imprisonment as punishment - not arrest. Not topical
C2a: seems again bail related (imprisonment pending trial), I will treat this like c1a.
C2b,c: these again seem non topical and related to imprisonent
C4: this seems again relying to how crimes should be punished rather than arrest. Non topical.
C3 seems topical: that preventing anyone being arrested for minor crimes, will stop minorities being targeted by police for arrest. However, it is ripe for a counter plan here.
Con R1:
Con starts with definitions, I am going to reject his argument that class D felonies and third degree rape are “minor crimes” in the context meant by this debate. It’s too much of a semantic argument, with not enough meat - however what I will do, is I will take into account the fact that we may not all agree on what a minor crime is. I will factor this into the arguments.
Yeah, I figured out what I did wrong before. Thanks though.
Thanks for voting.
I can't speak for Virtuoso, but I suspect the vote was just slightly below the level of detail the standard requires. For example: "Brining the justice system into the topic after the fact was pro's critical mistake." That I slapped the lily pads of that into the water, gets to the heart of the issue, but doesn't quite explain how I slapped them into the water (or for that matter how pro defended their inclusion).
I explained my reasoning for each point of voting. Votes are necessarily opinions. This is just bad modding.
Vote Reported: Wrick-it-Ralph // Mod Action: Removed
Points awarded: 3 points to con for arguments
RFD: Sources were robust on both sides. All attacks made were to ideas, not people, so I call good conduct on this.
As for arguments. Pro spent most of the debate jumping off of the lily pads that Con was slapping into the water. Con stuck to the initial topic by keeping to arrests. Pro seemed to want more ground as the debate went on even though Pro's current grounding was already unjustified. Brining the justice system into the topic after the fact was pro's critical mistake. If pro had stuck to the initial topic, it would have been easy to make a practical appeal against direct arrests and Con had even left room for this during the debate. Ultimately, Con's conclusion seemed to handle the problem in the most efficient way. Con's best argument was demonstrating that their is a real element of danger in choosing not to arrest someone at the wrong time. A night in jail keeps everyone alive at the end of the day no matter how it goes down afterwards. Good debate.
Reason for mod action: The voter fails to meet the requirements set forth by the COC found here https://www.debateart.com/rules
In order to award arguments points, the voter must:
Survey the main arguments and counterarguments presented in the debate
Weigh those arguments against each other (or explain why certain arguments need not be weighed based on what transpired within the debate itself)
Explain how, through the process of weighing, they arrived at their voting decision with regard to assigning argument points
The voter fails to do this thus his vote is removed.
Vote reported: ArgentTongue // Mod Decision: Not Removed
Reason for mod decision: Vote is sufficient per the standards
Thank you for that very detailed vote.
I fully agree with you about conduct being within the tied range. Given what a jerk I was about the sources, I would not protest if anyone pinged me on that.
I apologize for taking the discussion into voting, but I just had to clear this up. I was under the assumption that the kritik you accused me of in round one ( i.e, 'the only punishment of arrest is the act of arresting a person', and 'this is not a debate about the entire justice and healthcare systems') was your main area of focus, because that as what you fell back on to respond to many of my arguments. I responded to this claim in round 2 (Observation 1). I thought the kritik you accused me of in round two fell into he same category as the previous one (regarding the features of the prison system), so I didn't feel the need to respond to it individually.
I try to not discuss my debates while in voting, but in short...
1. You would call that an outright concession that it was a kritik (four separate times you claimed that of arguments if they were not responded to enough).
2. I did not accuse you of a kritik until after your R2, it was ironically your R2 response to topicality which identified K as your intent.
Just for your information, regarding your idea that I was kritiking the resolution, I responded to this the first thing in round two (see Observation 1). I didn't have enough space to address it again in the next round (due to the character limit), but I felt like my response in round 2 was sufficient.
Just reminding you that you have around an hour left to post your final argument.
I'm really sorry. There seems to have been a misunderstanding about the sources in round two. I thought I had set the google doc to 'share'. Turns out I had not. In any case, the link is below. You should be able to access it now. If not, please inform me.
https://docs.google.com/document/d/1PdkHl-t_vdwPQGMYFsv4tkUzx2sJTppxrUj-ZFXTccI/edit?usp=sharing
I hope you're planning on posting your argument soon. You have around an hour and a half left.
Just reminding you that you have around eleven hours to post your next argument.
Thanks! Had to deal with some stuff, but I'll whip something up before I go to sleep.
Just reminding you that you have about nine hours to post your argument.
Thanks. Take your time.
At a glance, looks like a well formulated R1. I'm not sure when I'll have the uninterrupted time to respond, but probably not for a couple days.
Thanks for challenging me to this debate. I have a fairly concise negative argument in my head, but look forward to seeing what angle you've got on this issue.