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-Part 1 is the Framework |
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-====The Role of the Judge is to Promote Critical Education, which means they must enhance our potential to expose dominant, oppressive biases both outside and within the debate space.==== |
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-====Status quo policies use violence to smother critical thought. Thus, fighting oppression requires judges to help make debate a place to challenge social norms.==== |
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-Giroux 1: Giroux, Henry. Waterbury Chair Professor, Pennsylvania State University "The Curse of Totalitarianism and the Challenge of Critical Pedagogy." Philosophersforchange.org, October 13, 2015. BE |
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-The forces of |
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-a vibrant democracy. |
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-====The Role of the Ballot is to Endorse the More Productive Liberation Strategy for the Oppressed. ==== |
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-====Liberation requires tangible action, not abstract theorizing.==== |
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-Giroux 2: Giroux, Henry. Waterbury Chair Professor, Pennsylvania State University “Beyond Dystopian Visions in the Age of Neoliberal Authoritarianism.” Truthout, November 4, 2015. BE |
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-In this instance, |
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-can do more. |
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-====Part 2: Beaten Down and Locked Up==== |
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-====Racialized violence against minorities and non-citizens has become a norm amongst police.==== |
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-Sabo et al: Sabo, Samantha University of Arizona, Susan Shawb, Maia Ingrama, Nicolette Teufel-Shonec, Scott Carvajala, Jill Guernsey de Zapiena, Cecilia Rosalesd, Flor Redondoe, Gina Garciae, Raquel Rubio-Goldsmithf. b University of Arizona, College of Social and Behavioral Sciences, School of Anthropology, United States c University of Arizona, Mel and Enid Zuckerman College of Public Health, Division of Health Promotion Science, United States d University of Arizona, Mel and Enid Zuckerman College of Public Health, Division of Community, Environment, and Policy, United States e Campesinos Sin Fronteras, United States f University of Arizona, Mexican American Studies and Research Center, United States “Everyday Violence, Structural Racism, and Mistreatment at the US–Mexico Border.” Social Science and Medicine, Volume 109, May 2014. BE |
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-Everyday violence came |
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-and across generations (Krieger, 2012 and Thoits, 2010).¶ 4.3. |
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-====And QI doctrine protects police officers who use excessive force.==== |
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-Wright 1: Wright, Sam. Contributor, Above the Law “Want to Fight Police Misconduct? Reform Qualified Immunity.” Above the Law, November 2015. RP |
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-Recently, police have |
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-just a start. |
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-====Indeed, in new cases of racial violence where no “clearly established” precedent exists, QI lets police off the hook.==== |
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-Margulies 1: Margulies, Peter. Professor of Law, Roger Williams University “Noncitizens’ Remedies Lost?: Accountability for Overreaching in Immigration Enforcement.” FIU Law Review, 2011. BE |
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-The specificity two-step |
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-incentivizes reckless behavior. |
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-====Worse, QI allows judge-made exceptions for police misconduct, disincentivizng victims from even going to court.==== |
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-Pattis: Pattis, Norman. Connecticut-based trial lawyer “Qualified Immunity and The Police State.” Pattis Blog, October 2016. RP |
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-I get many |
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-even realize it. |
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-====Plan: The United States ought to limit qualified immunity, or “QI,” for police officers through a sliding-scale model in excessive force cases.==== |
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-Margulies 2: Margulies, Peter. Professor of Law, Roger Williams University “Noncitizens’ Remedies Lost?: Accountability for Overreaching in Immigration Enforcement.” FIU Law Review, 2011. BE |
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-Fortunately, case law |
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-should trigger deference. |
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-====Part 3: Breaking Out==== |
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-====Since civil lawsuits may be the only way to expose police misconduct, the aff is a starting point for liberation.==== |
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-Bernick writes: Bernick, Evan. Contributor, Foundation for Economic Education “To Hold Police Accountable, Don’t Give Them Immunity.” Foundation for Economic Education, April 2015. RP |
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-Qualified immunity shields |
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-needs to happen? |
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-====And unlike institutional liability, the aff has a direct impact on individual officers.==== |
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-Marque-Anthony: Marque-Anthony. Contributor, ThyBlackMan “The Strategic Plan To End Police Brutality.” ThyBlackMan, July 2016. RP |
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-Officers rarely feel |
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-seminars and workshops. |
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-====The sliding scale model lets police do their job, while condemning excessive force that QI ignores and offering a unique form of liberation.==== |
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-Carvalho: Carvalho, Ambar. J.D., Emory University School of Law (2008); B.S., Stanford University (2005) “The Sliding Scale Approach to Protecting Nonresident Immigrants Against the Use of Excessive Force in Violation of the Fourth Amendment.” Emory International Law Review, 2008. BE |
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-Due to the |
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-of their visit. |
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-====Further, individual citizens must be able to sue police themselves to have any personal liberation.==== |
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-Wright 2: Wright, Sam. Contributor, Above the Law “Want to Fight Police Misconduct? Reform Qualified Immunity.” Above the Law, November 2015. RP |
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-As usual, I’ve |
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-the courts? |
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-====Indeed, the ability to bring a case matters more than the case’s outcome, since it confronts the “do-nothing” pessimism that halts liberation – INDIVIDUAL ACTION IS KEY TO TOPPLE THE POLICE STATE.==== |
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-Smith shows: Smith, Ethan Indigo. Contributor, Mintpress News “Oligarchy, Police State, and The War On Individualism.” Mintpress News, March 2015. RP |
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-All the social |
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-Declaration of Independence. |