Summary

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  • Caselist.CitesClass[65]

Details

Caselist.CitesClass[65]

Cites

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1		-====I negate and value Appropriate Legal Judgment, which means making judicial evaluations suited to the circumstances.====
2		-
3		-====Appropriate judgment requires assessing an act’s context, not just its commission, since:====
4		-====1 Moral rules often conflict, necessitating that we weigh between them based on specific circumstances.====
5		-Unger: Unger, Peter. Professor of Philosophy, New York University “Contextual Analysis in Ethics.” Philosophy and Phenomenological Research, Vol. 55, No. 1, Mar. 1995. CH
6		-
7		-Along with important
8		-AND
9		-or is grasped.
10		-
11		-====2 People only act due to underlying conditions. The driver who intentionally runs over a pedestrian is legally different from the one whose heart attack causes them to lose control of the car. Appropriate legal judgments must consider the reasons for action, rather than divorcing acts from their context.====
12		-
13		-====Thus, the affirmative burden is to prove that limiting qualified immunity accounts for the context of law enforcement. Accounting for the context of law enforcement means considering factors like the severity of the officer’s situation and the necessity of their actions.=====
14		-
15		-====My thesis and sole contention is that context determines culpability. Blanket limits on QI ignore relevant distinctions between police and civilians, creating wrong legal judgments.====
16		-
17		-====The unique nature of law enforcement pressures police to make decisions average citizens don’t have to make.====
18		-
19		-McGuinness: McGuinness, J. Michael. Civil Rights Attorney “Deadly Force: The Rights of Suspects and Police Officers.” The Champion, May 2015. RP
20		-
21		-The streets of
22		-AND
23		- defense of others.
24		-
25		-====Holding police liable as civilians for their work on the job misses crucial distinctions between the two.====
26		-
27		-Harmon: Harmon, R. Associate Professor, University of Virginia School of Law. “When is Police Violence Justified?” Northwestern Law Review, Vol. 102, Issue 3, 2008. CW
28		-
29		-Of course, police
30		-AND
31		-scope and limits.

EntryDate

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1		-2016-11-05 16:56:24.0

Judge

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1		-Nick Smith

Opponent

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1		-Lake Highland RS

ParentRound

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1		-40

Round

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1		-6

Team

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1		-Harrison Piliero Neg

Title

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1		-NOVDEC - Context NC

Tournament

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1		-Apple Valley