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+====The neg burden is to prove police officers can't be legally culpable for damages unless they knowingly violated a clearly established right. The aff burden is to prove they can.==== |
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+ |
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+ |
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+====My burden is the core of legal disputes on the topic.==== |
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+**Hassel '99 summarizes SCOTUS** (Diana, Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New Jersey Newark. Assistant United States Attorney, Southern District of New York, 1988-93. "Living a Lie: The Cost of Qualified Immunity," Missouri Law Review Vol. 64 I. 1 Winter 1999 Article 9, http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr) OS |
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+On the other side of the equation, the qualified immunity defense is meant to |
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+AND |
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+seemingly tempers what would otherwise be a broad and unwieldy right to compensation. |
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+====Outweighs—the good is functional. A good legal doctrine is one that is justified within the context of jurisprudence. ==== |
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+**Geach '56 **(Peter T Geach, philosopher, "Good and Evil," http://fair-use.org/peter-t-geach/good-and-evil) |
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+ I can now state my first thesis about good and evil : ' good' |
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+AND |
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+mere disguise. The latter attempt is, on my thesis, illegitimate.) |
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+ |
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+====Legal education comes first—debaters become lawyers. ==== |
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+**Crotty** (Do Debaters Make Better Lawyers? 10/03/2013 James Marshall Crotty) |
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+Given this backdrop, it is no surprise that many former policy debaters become successful |
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+AND |
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+Department — James C. O'Brien, principal author of the Bosnian constitution. |
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+ |
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+====Offense:==== |
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+ |
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+====First, it's not a question of whether police officers can be held accountable for bad actions. The court doesn't just punish people for not cohering with the moral good, otherwise we'd be sued for being mean to people. The point of civil court is to uphold constitutional rights. That negates—even if police could know they were doing something wrong, they couldn't know they were doing something unconstitutional unless that's clearly established. Outweighs—laws in this context are fuzzy.==== |
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+Hanaford '14 (Robert H., "Major Crime Assistance Team Seminar, Police Liability and Defenses Under State and Federal Law," 2/20) OS |
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+Qualified immunity is intended to protect police officers in the "hazy border between excessive |
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+AND |
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+is as though they assume the risk for their own demise or injuries. |
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+ |
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+ |
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+====Second, even if it's a question of general moral wrong and not constitutionality, split-second decisions means QI is key. ==== |
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+**McGuinness '02** (J. Michael, "Law Enforcement Use of Force: The Objective Reasonableness Standards under North Carolina and Federal Law," 24 Campbell L. Rev. 201 (2002), http://scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1387andcontext=clr) OS |
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+In a split second, officers are required to evaluate and employ force against criminal |
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+AND |
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+Court reaffirmed recognition of the doctrine of mistaken beliefs in use of force cases |