- Statement of SIGNIFICANCE
- One of the most significant trends in criminal justice is the growing emphasis on imprisonment. In twenty-five years, between 1968 and 1993, prison populations increased nearly 400 percent. This emphasis forced federal prisons to face a whole new set of problems and challenges such as overcrowding, disease control, civil rights concerns, and the philosophical fight between punishment and rehabilitation. Unfortunately, these new problems were met with old answers. As society and problems changed, our prison systems did not necessarily change with them. As nearly 5% of the US population has served time in prison, an examination of the serious topic seems warranted. The intent of this paper is to advocate a topic focusing on change within the United States ’ prison system.
- Statement on INTEREST, PROVOCATIVENESS, & CHALLENGE--
- Prisons have taken on a different set of rules and values than those of the mainstream community. Many of the problems that have developed are unique only to this “community.” The severity, as well as, the diversity of problems would make for an interesting debate. As some might point to the high school juvenile crime topic or to the 2000-1 NFA-LD civil lawsuits topic, I would argue that this paper would create new and different ground for the community to debate. The arguments for the juvenile crime topic, as compared to this topic, are outdated and a substantially different discussion centering on the method of enforcement instead of the crime. The civil lawsuits topic is a completely different topic than this as one focuses on civil and the other on criminal. Again, this topic focuses on ends and not on the means of the system. Additionally, this topic seems a welcome change from the international terrorism topic with focused ground and stable literature.
- Statement of the EDUCATIONAL VALUE--
- A discussion of our prison system is certainly worthwhile and educational. Learning how decisions for and in our prisons are made, as well as, what policies are in place to decrease stigmatic problems is worth our time. This topic also has broad practical value as many of our debaters are turning to law school post their undergraduate degree and collegiate debate careers.
- Sample BIBLIOGRAPHY--
- 1. Torny, M. (1995). Malign Neglect: Race, Crime, and Punishment in America. New York: Oxford Press.
- 2. Reiman, J. (1998). The Rich get Richer and the Poor get Prison (5th ed.). Needham Heights, Massachusetts: Allyn and Bacon.
- 3. Hatlestad, K. & Torny, M. (1997). Sentencing in Overcrowded Times. New York: Oxford Press.
- 4. Hoelter, H.J., Tjoflat, G.B., &Wroblewski, J.J. (1998). Future Trends in the United States Federal Sentencing Scheme. American University International Law Review, 13.
- 5. Marvell, T.B. (1995) Sentencing Guidelines and Prison Population Growth. Journal of Law and Criminology, 85.
- 6. http://home.istar.ca/~ccja/angl/overc3.html- Provides a pretty good resource on prison overcrowding
- SAMPLE RESOLUTIONS--
- Resolved: The USFG should implement a policy or program to substantially decrease the federal prison population.
- Resolved: The USFG should significantly alter its policy towards federal prison system.
- Resolved: The USFG should create a policy to significantly increase protections for inmates in the federal prison system.
- Resolved: The USFG should substantially change its policy towards the federal prison system in one or more of the following areas: disease control, inmate’s rights, overcrowding, and/or prison management.
- Possible Affirmative Case Areas:
- Change focus from Punishment to Rehabilitation
- AIDS/STD Control
- Federalization of State Prisons
- Privatization of prisons
- Protection of Speech Rights
- Protection of Religious Rights
- Reduction of Prisoners in Prisons
- Alternative Sentencing
- Negative Areas:
- States CP
- Federalism DA
- Punishment DA
- Critical Legal Studies
- Paternalism
- Political Positions
- Funding Trade-off DA’s
(submitted by Rob Layne for consideration as part of last year’s selection process)