AC

Ought-Obl

Value-Soc Con

1-Shows what the US gov is

obligated to do.

2-Policy makers have

explicitly consented to the
social contract through their
oath of office, which generates
an undeniable obligation to
uphold it.

Crit-Constitutional Law

1-WILLIAMS
a-is the set of rules
governing the social
contract
b-provides the background
of universality and rationality
that is necessary to uphold
M and J and stop arbitrary
Exclusion and abuse of power.

2-LEE
Allowing constitutional
violations destroys the
perceived legitimacy of the
document and thus invalidates
citizen’s rights, inevitably
leading to totalitarianism.

C1-Harvard Law Review

The supreme court ruled through
the Garrity principle that
offering a defendant benefits
in exchange for sacrificing their
right against self-incrimination,
which is exactly what PB
does, is unconstitutional.

C2-Other Precedent

Brady vs. US ruled that the

Death penalty as used in PB was
not coercive.

1-This case does NOT say that

PB is allowed under the
constitution, it only lays out one
rule that it doesn’t violate.

2-PB as a practice actually is

coercive as demonstrated in
Caldwell. Prosecutors have an
inventive to overcharge, coercing
defendants into accepting
coercive pleas.