Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[16]
  • Caselist.CitesClass[16]

Details

Caselist.RoundClass[16]

EntryDate

...	...	@@ -1,1 +1,1 @@
1		-2016-12-03 23:08:18.598
	1	+2016-12-03 23:08:18.0

Caselist.CitesClass[16]

Cites

...	...	@@ -1,0 +1,94 @@
	1	+1NC
	2	+
	3	+Governments responsible for police officers should implement the Coalition Against Police Abuse proposal for civilian review which includes-
	4	+-establish “Loyal Opposition Policy Review Boards” for civilian oversight of police conduct, policy, and hiring/firing decisions
	5	+-The boards should be: elected, paid, and independent of police agencies
	6	+-The boards should have special investigators with unrestricted access to crime scenes and the power to subpoena police department personnel and records
	7	+-The board should have authority over all claims of police misconduct including: assault, discrimination, infiltration of community groups, sexual harassment, false arrest, and misuse of force. The board should be able to mandate training or discipline for officers up to and including firing, protections for police whistleblowers, and mandate of municipal damages
	8	+-Special city prosecutors should be appointed independent of the city attorney’s office and the city council who handle all criminal cases against police officers and have full subpoena powers
	9	+-staff should be hired on the basis of affirmative action policies
	10	+
	11	+CRBs are a legitimate alternative to immunity reform- their decisions affect the ‘clearly established’ doctrine which solves the case without judicial change
	12	+Meltzer, JD, 14
	13	+(Ryan E., Texas LR 92: 1277 Qualified Immunity and Constitutional-Norm Generation in the Post-Saucier Era: “Clearly Establishing” the Law Through Civilian Oversight of Police)
	14	+In the course of investigating discrete incidents of alleged police misconduct, civilian external investigatory bodies engage in fact-finding and identification and application of governing legal standards in much the same way as a court assesses a motion to suppress evidence or a § 1983 claim alleging a deprivation of constitutional rights.31 More importantly, these bodies constantly encounter novel factual scenarios, particularly ones implicating the Fourth Amendment,32 such that their findings epitomize the sort of fact-specific guidance endorsed by the Court.33 Further, to the extent that they are empowered to make policy recommendations to the police departments they oversee, civilian external investigatory bodies also resemble compliance agencies like the U.S. Department of Justice (DOJ), whose advisory reports have helped to provide the sort of “notice” required to overcome an official’s qualified immunity.34 Consequently, the Court’s qualified immunity jurisprudence appears to permit the findings of such bodies to contribute to the clearly-established-law analysis. At present, however, the work of civilian external investigatory bodies—work that produces a wealth of valuable information and often confronts constitutional questions that might otherwise escape formal adjudication— is largely divorced from that of the courts.35 This state of affairs represents a costly missed opportunity, especially in the wake of Pearson. (1281-2)
	15	+
	16	+
	17	+The CP Solves the Case
	18	+1. Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff’s internal legal reform drives police misconduct underground- it’s a trap
	19	+Akbar, 15 – Assistant Professor of Law at Michael E. Moritz College of Law, the Ohio State University (Amna, “National Security’s Broken Windows”, UCLA Law Review, Vol. 62, pg. 834, May 2015, Lexis)
	20	+This Article has attempted to identify the problems with community engagement and counterradicalization in the national security context, drawing from the critiques of community policing and broken windows in the ordinary criminal context. The canvas for this critical engagement was limited insofar as *906 Muslim communities' experiences in these programs have been largely sheltered from public view. Harvesting those experiences is no doubt essential to understanding the possibilities and limitations of these programs. This Article provided a sketch of the problems lurking near the surface - that is left to future work.
	21	+Is community engagement salvageable? Moving community engagement toward its most democratic aspirations - toward a more genuine exercise in community consultation, contestation, and collaboration - would involve ridding the program of its pernicious baggage. For example, law enforcement could end community engagement's integration with community-wide intelligence gathering, or could decouple community engagement from CVE and counterradicalization.
	22	+Certainly there are strong normative reasons, including those that motivate this Article, to expect and demand that law enforcement account for the realities of marginalized communities. But we cannot expect that dialogue will necessarily lead to accountability, meaningful contestation, or realignment of police approaches in marginalized communities. After all, law enforcement is itself a significant vehicle for marginalization and racialization in the United States. It is reasonable to question whether community policing - or policing at all - can be expected to be the vehicle for the change we are seeking. The problem and the solution may be entirely mismatched.
	23	+The allure of community policing rests in part on a broader construct of dialogue as inherently valuable. While dialogue can certainly be valuable, its value will depend on the context and the point of view from which it is being evaluated. Dialogue often serves a different function for the more powerful in the conversation than the less powerful. The idea that dialogue is the cure-all for poor relationships between police and marginalized communities emerges from a failure to recognize the structures and histories of police impunity in these communities, as well as the material realities that keep inequality in place. When the dialogue in question is with the police, initiated by the police, and on the police's own terms, not only is the function of the dialogue necessarily limited, the entire initiative should raise red flags. How will the dialogue change the material reality of policing in the community? Does the dialogue further exacerbate inequality or simply validate preexisting policing practices through the performance of democratic legitimacy? Or is it really allowing for messy democratic contestation, and the possibility for change in the material conditions of the relationship between the police and the marginalized?
	24	+For community policing to be an effective tool in changing the relationship between the marginalized and law enforcement, marginalized communities cannot simply be offered a seat at the table to participate in preconceived policing *907 programs. They must have the political power to hold police accountable. For community policing mechanisms to offer potential for real change to marginalized communities, communities must build capacity and political power to demand accountability. So while we might advocate for law enforcement to engage marginalized communities, we cannot rely on law enforcement initiatives to recalibrate relationships long rife with deep inequality. The pressure for meaningful change must come from outside, from the communities themselves organizing for change. n325
	25	+
	26	+
	27	+2. Civilian review is mutually exclusive and more efficient than court action
	28	+Weinbeck, 11 – JD Candidate William Mitchell College of Law (Michael P, “Watching the Watchmen: Lessons for Federal Law Enforcement from America's Cities,” William Mitchell Law Review, Vol. 36, pg. 1306)
	29	+A police department's internal affairs unit, operating on its own, lacks the credibility to conduct an independent investigation that is satisfactory to the community. n50 Minneapolis city council members, in an attempt to assuage community members and preserve their own political futures, established the city's review authority. n51 In theory, at least, a system of civilian oversight inserts into the police investigation process a watchman without allegiance to the police who will ensure that the investigation is conducted without bias. n52 This, in turn, generally supports a perception by the community that its police department is operating with a proper respect for individual rights. n53 As a result, a greater level of trust develops between the police and the *1315 community that ultimately greases the cogs of crime detection and prevention. n54 There are other benefits that municipalities enjoy when establishing a system of citizen oversight. Chief among them is the political coverage that the city's elected officials receive when establishing the agency. n55 For example, the Minneapolis Civilian Police Review Authority came into being in 1990 after police officers identified the wrong house in a drug raid. n56 During the course of the botched raid, the police killed an elderly couple who lived in the house. n57 In another episode not long after, the Minneapolis Police Department broke up a peaceful party of college-aged African Americans at a Minneapolis hotel. n58 In response to both incidents, outraged community members engaged in vehement and highly publicized demonstrations. n59 Besides providing a measure of political coverage, citizen oversight may also operate as a mechanism for saving cities money. n60 Wronged citizens, instead of bringing their grievances to court, enter the civilian oversight system where they may achieve redress that ends up costing the city nothing more than the administrative costs of the investigation. n61
	30	+
	31	+DA
	32	+
	33	+A. Uniqueness-
	34	+
	35	+The new generation LGBTQ movement is working with community-based solutions, moving away from the flare of courts. Lazare ‘10/13
	36	+Sarah Lazare is a staff writer for AlterNet, A former staff writer for Common Dreams. “Meet 5 Movement Leaders Across the U.S. Fighting for LGTBQ Issues on the Ground.” Alternet. October 13, 2016. http://www.alternet.org/lgbtq/meet-5-movement-leaders-across-us-fighting-lgtbq-issues-ground JJN
	37	+"We've gotten dragged into a national conversation where same-sex marriage is held up as the pinnacle of the LGBTQ struggle, but there are so many other things our communities struggle around, issues that have to do with life and death,” Paulina Helm-Hernandez, the co-director of the queer liberation group Southerners on New Ground (SONG), told AlterNet. “We’re dealing with issues like criminalization, health care access and core safety. We’re thinking about ways our people know a lot about violence and how to survive." Helm-Hernandez is one of countless movement leaders in rural communities and urban centers across the country bringing a queer lens to racial, social and economic justice activism. LGBTQ organizers are at the helm of the Movement for Black Lives, calling for an end to extrajudicial police killings, and on the frontlines of native resistance at Standing Rock, where indigenous earth defenders have erected a "two-spirit camp," for gay and lesbian indigenous people. They are demanding an stop to deportations and mass incarceration and devising concrete, community-safety alternatives to calling the police. While fending off the racist incitement of the 2016 election cycle, LGBTQ organizers are also going on the offensive, preparing to mobilize for demilitarization at home and abroad no matter who wins in November. AlterNet spoke with five U.S.-based organizers whose political and cultural work shows that LGBTQ movements go far beyond marriage equality, and are shaping the social movements that define our times. 1. Kym Anthoni, New Orleans “Second lining is very big in New Orleans culture,” said Anthoni, an organizer with the youth-led LGBTQ organization BreakOUT. “After someone passes away, people will do a dance celebrating resilience. Every year around the anniversary of Hurricane Katrina, we do a second line for the people who died to celebrate resilience, strength and moving forward.” “When a transgender woman has been killed, or you’ve gone through a bunch of bullshit, we embody the culture of second line, recognizing that we have a lot of pain and embracing resilience, saying let’s let go of the harsh shit that you’ve been through and celebrate the fact that you made it,” Anthoni continued. “Last year for the Trans March of resilience, we had a whole second line. We were uplifting the voices that are normally not uplifted in our culture.” New Orleans has been hit hard in recent years by a wave of killings targeting transgender women of color. Among them was BreakOUT community member Penny Proud, a 21-year-old black transgender woman murdered in 2015. This summer, the organization released a statement reading, “It is with heavy hearts that we share the news that another young, black trans/gender non-conforming person, Devin Diamond, has been murdered in New Orleans, just a few weeks after 24-year-old Erica ‘E’ Davis was shot in the Treme neighborhood on her way to work.” Key to BreakOUT’s organizing is the principle that “we deserve to walk down the street and not be attacked, we deserve to not be criminalized,” said Anthoni. This demand is aimed at curbing vigilante violence as well as law enforcement brutality. The organization’s first campaign was called We Deserve Better and took on rampant abuse by the New Orleans Police Department. According to a report released in 2014 by BreakOUT, police abuse is widespread. The survey found that “75 percent of people of color respondents feel they have been targeted by police for their sexual orientation or gender identity or gender expression compared with 24 percent of white respondents.” In addition, the report states that “43 percent of people of color respondents have been asked for a sexual favor by police compared with 11 percent of white respondents.” Anthoni emphasized that it is important for the broader public to understand that police brutality is also an LGBTQ issue. “Police always target trans women of color just for being trans,” Anthoni said. “They over-eroticize transgender bodies. The queer and transgender youth of color are most targeted by law enforcement. It’s a huge issue because it takes your power away, it makes you feel vulnerable. Our vulnerability can sometimes cost us our lives.” In addition to organizing, political education and youth work in local high schools, Anthoni said, “The main core of what we do is heart healing justice work. We focus on finding ways to heal as a community.”
	38	+
	39	+B. Links-
	40	+1. Court civil rights victories act as fly paper drawing other social movements into the court to focus on litigation strategies
	41	+Rosenberg 8 (Gerald N., University of Chicago political science and law professor, Ph.D. from Yale University, member of the Washington, D.C. bar, The Hollow Hope: Can Courts Bring about Social Change?, p. 427)
	42	+If this is the case, then there is another important way in which courts affect social change. It is, to put it simply, that courts act as “fly-paper” for social reformers who succumb to the “lure of litigation.” If the constraints of the Constrained Court view are correct, then courts can seldom produce significant social reform. Yet if groups advocating such reform continue to look to the courts for aid, and spend precious resources in litigation, then the courts also limit change by deflecting claims from substantive political battles, where success is possible, to harmless legal ones where it is not. Even when major cases are won, the achievement is often more symbolic that real. Thus, courts may serve an ideological function of luring movements for social reform to an institution that is structurally constrained from serving their needs, providing only an illusion of change.
	43	+
	44	+2. This is specifically true for LGBTQ movements
	45	+Jane S. Schacter* James E. and Ruth B. Doyle-Bascom Professor of Law, University of Wisconsin Law School; Edwin A. Heafey, Jr. Visiting Professor of Law, Stanford Law School, 2005-2006; A.B., University of Pennsylvania, 1980; J.D., Harvard University, 1984. Drake Law Review Summer 06
	46	+There is an emerging view of the role of courts in the sexual orientation domain that echoes Professor Gerald Rosenberg's landmark book, The Hollow hope. n9 This view is distinctly skeptical about the prospects of courts accomplishing much reform in the area of gay rights. n10 *863 It should not be confused with normative critiques of "activist courts" made by those who object to same-sex marriage or other gay rights. n11 The skepticism inspired by The Hollow hope is empirical in nature and often made by those evincing no particular hostility to gay rights. n12 The thinking goes roughly like this: courts cannot produce significant change, only legislatures can. Legislators, who are politically accountable, will act in ways that are consistent with public opinion. By contrast, courts may get out too far in front of public opinion and, when they do, backlash is sure to follow. Against this background, count my Essay as a plea for caution and context. The question whether courts can, or do, produce social change on sexual orientation issues is a question that is, on closer analysis, too crude to be all that useful. I will suggest that rather than staking out broad claims or pursuing unbroken causal arrows, scholars ought to bring into focus the variability, contingency, and complexity that presents itself as we try to map the relationship between courts and social change in the area of gay rights. True, any romanticized picture of judges as countermajoritarian revolutionaries, single-handedly making public policy more progressive, is empirically unsustainable. But we should not replace one piece of mythology with another. The notion that the institutional properties of courts disable them from ever driving social change in a significant way has its own caricatured qualities.
	47	+
	48	+
	49	+
	50	+C. Internal Link- Courts Wreck movements
	51	+1. Judicial review produces divide and conquer
	52	+Becker 93 (Mary, Prof of Law @ University of Chicago Law School; 64 U. Colo. L. Rev. 975 ln)
	53	+Binding judicial review can impede political movements even when the Supreme Court does not actually block success. The relegation of high matters, such as sexual equality, to the courts saps political movements of their strength, particularly after ineffective victories. 76 At the same time, judicial review can mobilize the opposition, and the Court itself will be influenced by the resulting political climate, a climate it has helped create. When ineffective judicial victories weaken a movement, there may be less grass-roots pressure for change. Yet, real change in the relationship between the sexes is unlikely without change at the grass-roots level. Decisions from on high are unlikely to transform intimate relationships. Judicial victories protecting one or some outsider groups, but not all such groups, also interfere with the development of effective coalitions. This may be most harmful to the most vulnerable groups, such as lesbians, bisexuals, and gay men. Real or perceived judicial protection of less marginal groups, such as straight women or racial minorities, may mean that these groups are less likely to form effective coalitions with the more marginal groups. Judicial review is, therefore, a "divide and conquer" strategy.
	54	+2. Perceived victories cause mass movement deflation
	55	+Rosenberg 8 (Gerald N., University of Chicago political science and law professor, Ph.D. from Yale University, member of the Washington, D.C. bar, The Hollow Hope: Can Courts Bring About Social Change?, p. 422-423)
	56	+In contrast to this conclusion, it might be suggested that throughout this book I have asked too much of courts. After all, in all the cases examined, court decisions produced some change, however small. Given that political action appeared impossible in many instances, such as with civil rights in the 1950s, same-sex marriage in the 1990s, and reform of the criminal justice system more generally, isn’t some positive change better than none? In a world of unlimited resources, this would be the case. In the world in which those seeking significant social reform live, however, strategic choices have costs, and a strategy that produces little or not change and induces backlash drains resources that could be more effectively employed in other strategies. In addition, vindication of constitutional principles accompanied by small change may be mistaken for widespread significant social reform, inducing reformers to relax their efforts.
	57	+D. Impacts
	58	+LGBTQ Rights are crucial to fight dominant structures and avoid extinction Tatchell ’89
	59	+Peter Tatchell - is a British human rights campaignerbest known for his work with LGBT social movements, was selected as Labour Party Parliamentary candidate for Bermondsey. “Gay Liberation is Central to Human Emancipation.” Peter Tatchell.net. However, note at the bottom: “An edited version of this article was published in "Labour Briefing", 1989. See also "Beyond lesbian and gay rights", Interlink. May /June 1989.” http://www.petertatchell.net/masculinity/gay_liberation.htm JJN *bracketed for offensive language
	60	+Lesbian and gay LGTBQ liberation is of critical importance to the broader project of human emancipation. It is not merely a minority issue, nor purely a question of civil rights and sexual freedom. The ultimate aim is a cultural revolution to end heterosexual supremacism and the concomitant cult of heterosexual masculinity which underpins all relations of oppression and exploitation. This was the revolutionary agenda of the lesbian and gay liberation movement which emerged 20 years ago following the Stonewall Riots in New York in June 1969. In contrast to earlier liberal-oriented movements for homosexual equality, the lesbian and gay liberation movement did not seek to ape heterosexual values or secure the acceptance of homosexuals within the existing sexual conventions. Indeed, it repudiated the prevailing sexual morality and institutions - rejecting not only heterosexism but also heterosexual masculinity with its oppressive predisposition to rivalry, toughness and aggression (most potently symbolised by the rapist and the queer-basher). In contrast the "radical drag" and''gender-bender" politics of the Gay Liberation Front glorified male gentleness. It was a conscious, if sometimes exaggerated, attempt to renounce the oppressiveness of masculinity and subvert the way masculinity functions to buttress the subordination of women and gay men. Lesbian and gay liberation is therefore truly revolutionary because it specifically rejects the male heterosexual cult of masculine competitiveness, domination and violence. Instead, it affirms the worthwhileness of male sensitivity and affection between men and, in the case of lesbians, the intrinsic value of an eroticism and love independent of heterosexual men. By challenging heterosexual masculinity, the politics of lesbian and gay liberation has profound radical implications for oppressed peoples everywhere: it actively subverts the male heterosexual machismo' values which lie at the heart of all systems of domination, exploitation and oppression. Lesbian and gay liberation is therefore not an issue which is peripheral. It is, indeed absolutely central to revolutionary change and human liberation in general. Without the successful construction of a cult of heterosexual masculinity and a mass of aggressive male egos, neither sexual, class, racial, species, nor imperialist oppression are possible. All these different forms of oppression depend on two factors for their continued maintenance. First, on specific economic and political structures. And second, on a significant proportion of the population, mainly heterosexual men, being socialised into the acceptance of harsh masculine values which involve the legitimisation of aggression and the suppression of gentleness and emotion. The embracing of these culturally-conditioned macho values, whether consciously or unconsciously, is what makes so many millions of people able to participate in repressive regimes. (This interaction between social structures, ideology and individual psychology was a thesis which the communist psychologist, Wilhelm Reich, was attempting to articulate nearly 60 years ago in his book, The Mass Psychology of Fascism). In the case of German fascism, what Nazism did was merely awake and excite the latent brutality which is intrinsic to heterosexual masculinity in class societies. It then systematically manipulated and organised this unleashed masculine violence into a fascist regime of terror and torture which culminated in the holocaust. Since it is the internalisation of the masculine cult of toughness and domination which makes people psychologically suited and willing to be part of oppressive relations of exploitation and subjection, repressive states invariably glorify masculine "warrior" ideals and legally and ideologically suppress those men - mainly homosexuals - who fail to conform to them. Given that this internalisation of masculine aggression within the male population is a prerequisite for injustice and tyranny, love and tenderness between men ceases to be a purely private matter or simply a question of personal lifestyle. Instead, it objectively becomes an act of subversion which undermines the very foundations of oppression. Hence the Nazis' vilification of gay men as "sexual subversives" and "sexual saboteurs" who, in the words of Heinrich Himmler, had to be "exterminated- root and branch." In conclusion: the goal of eradicating injustice and exploitation requires us to change both the social structure and the individual personality to create people who, liberated from masculinity, no longer psychologically crave the power to dominate and exploit others and who are therefore unwilling to be the agents of oppressive regimes (whether as soldiers, police, gaolers and censors or as routine civil servants and state administrators who act as the passive agents of repression by keeping the day-to-day machinery of unjust government ticking over). By challenging the cult of heterosexual masculinity, lesbian and gay liberation politics is about much more than the limited agenda of human rights. It offers a unique and revolutionary contribution to the emancipation of the whole of humanity from all forms of oppression and subjugation.
	61	+
	62	+Disproves your root cause claim. Masculinity is the rc of psych warfare since people want to seem as dominante as possible b/c of masculinity and use psychological violence to do so.
	63	+
	64	+AC
	65	+
	66	+Civil suits don’t encourage reform- prefer our evidence it’s a direct response to their 1AC evidence Harmon 09
	67	+Rachel A., PROMOTING CIVIL RIGHTS THROUGH PROACTIVE POLICING REFORM, 2009 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 62 STAN. L. REV. 1 (2009). For information visit http://lawreview.stanford.edu.
	68	+Federal law has played an important role in regulating police misconduct. In particular, federal criminal prosecutions, civil suits for damages under § 1983, and the exclusionary rule are all legal tools that attempt to reduce police misconduct by punishing specific incidents of it and by deterring it in the future. Unfortunately, each is inadequate to promote wholesale institutional change. Federal criminal civil rights prosecutions face significant legal and practical obstacles, including that federal law imposes an onerous intent requirement on civil rights crimes; that victims of police misconduct often make problematic witnesses; and that juries frequently believe and sympathize with defendant officers.16 As a result, prosecutions against police officers are too rare to deter misconduct. Even if criminal prosecutions were more common, however, it is not clear that charges against individual officers would encourage departmental change. Almost inevitably, when some officers in a department are prosecuted, others are not. Criminal prosecution may therefore enable cities to characterize egregious misconduct as resulting from individual pathology rather than systemic problems and to deny the need for departmental improvement.17 Successful § 1983 suits for damages encourage some departmental reform, but they too are limited. Suits against individual officers are difficult to win, both because they suffer some of the same trial challenges as criminal cases against officers, and because officers often have qualified immunity for their actions, even when the conduct is unconstitutional.18 Suing supervisors or chiefs often requires establishing deliberate indifference or reckless action rather than negligence, and suing a city requires a plaintiff to show that misconduct was not only unconstitutional, but reflected municipal “policy” or “custom.”19 Some civil actions succeed despite these obstacles, but many incidents of serious misconduct result in an unsuccessful § 1983 suit or an inexpensive settlement, and therefore provide little incentive for reform.20 Moreover, some scholars have argued that even when plaintiffs win civil suits, damages actions against government actors are an ineffectual—even perverse—means of encouraging local officials to reduce misconduct.21 Daryl Levinson, for example, contends that government officers, police chiefs, and mayors respond to political incentives, and may never be forced to internalize the economic costs of damages paid by municipalities.22 Although Levinson may overstate the case against civil suits,23 he persuasively argues that even when they are successful, civil suits are at best an inefficient and limited means of encouraging institutional reform.24 Footnote- 16. See, e.g., Barbara E. Armacost, Organizational Culture and Police Misconduct, 72 GEO. WASH. L. REV. 453, 465-67 (2004); Mary M. Cheh, Are Lawsuits an Answer to Police Brutality?, in POLICE VIOLENCE 247, 253, 258-59, 266 (William A. Geller and Hans Toch eds., 1996); John V. Jacobi, Prosecuting Police Misconduct, 2000 WIS. L. REV. 789, 806-11; David Rudovsky, Police Abuse: Can the Violence Be Contained?, 27 HARV. C.R.-C.L. L. REV. 465, 488, 490-92 (1992).
	69	+
	70	+The plan will be circumvented – local authorities will continue discriminating regardless of legal barriers – empirics. Garrison 14
	71	+Garrison, ’14 (Arthur H. Garrison, LP.D. - Assistant Professor of Criminal Justice at Kutztown University, “NYPD Stop and Frisk, Perceptions of Criminals, Race and the Meaning of Terry v Ohio: A Content Analysis of Floyd, et al. v City of New York” February 2014, Rutgers Race and the Law Review, 15 Rutgers Race and L. Rev. 65) //GY
	72	+The court proceeded to dedicate 57 pages of its 195-page opinion n101 on the failure of the city to recognize the consti-tutional violations that the NYPD officers were making as well as the actual policies and customs that the leadership of the NYPD were requiring their officers to carry out, both directly resulting in constitutional violations. n102 The court found that in addition to actual knowledge of violations, the NYPD failed to adequately train their officers in the correct understanding of the requirements of Terry and they knew that such failure would result in *96 constitutional vio-lations. n103 The court concluded that "the NYPD instituted a policy of indirect racial profiling by directing its com-manders and officers to focus their stop activity on "the right people" ~-~- the demographic groups that appear most often in a precinct's crime complaints. This policy led inevitably to impermissibly targeting blacks and Hispanics for stops and frisks at a higher rate than similarly situated whites." n104¶ The court found liability on the part of the NYPD because it "has known for more than a decade that its officers were conducting unjustified stops and frisks and were disproportionately stopping blacks and Hispanics and it ex-panded its use of stop and frisk by seven-fold between 2002 and 2011." n105 The plaintiffs argued in court that in an effort to reduce gun violence n106 during his tenure, Mayor Bloomberg through Commissioner Kelly directed and "pressured commanders at Compstat meetings and commanders, in turn, pressured mid-level managers and line of-ficers to increase stop activity by rewarding high stoppers and denigrating or punishing those with lower numbers of stops." n107¶ The court held that the NYPD was put on official notice that the current stop and frisk program was unconstitu-tionally implemented when the state Attorney General issued a report in 1999 which found that "15 of the UF-250s contained facts that did not meet the legal test for reasonable suspicion." n108 More importantly, the report by the At-torney General tested the assertion made then and now that "the apparently disproportionate stopping of blacks and *97 Hispanics can be explained on race-neutral grounds by police deployment to high crime areas, and by racial differences in crime rates" to which the report concluded "that blacks and Hispanics were significantly more likely that whites to be 'stopped' even after controlling for race-specific precinct crime rates and precincts population composi-tion by race." n109 The NYPD rejected the study and its subsequent recommendations because it did not use suspect description data as its benchmark. n110
	73	+
	74	+
	75	+
	76	+Trump can’t force stop and frisk
	77	+Calder 11-14-16
	78	+(Rich, http://nypost.com/2016/11/14/de-blasio-says-trump-cant-bring-back-stop-and-frisk/)
	79	+Mayor de Blasio said Monday there’s nothing that President-elect Trump could do that would lead the city to reinstitute stop-and-frisk. ‘The constitutional system … gives a lot of power to states and localities, and the federal government doesn’t get to tell us how to police our streets,” de Blasio said during an appearance on Hot 97 radio. “They can threaten to take away money, but they cannot tell us how to police our streets, and we are not going back to a broken policy of stop and frisk. That will never happen under my watch.”
	80	+
	81	+
	82	+
	83	+Civil litigation is extremely expensive – those most wronged by the system can’t access it anyways. Sutton ‘15
	84	+RALPH SUTTON - former litigator, is chief investment officer of Bentham in New York. “With America’s poor record on civil justice, shouldn’t we encourage litigation finance?.” The Hill. 8/7/15. http://thehill.com/blogs/congress-blog/judicial/251086-with-americas-poor-record-on-civil-justice-shouldnt-we-encourage JJN
	85	+The World Justice Project recently released its annual assessment of the “rule of law” as practiced by 102 countries across the globe. To put it mildly, the report contains disturbing findings on the state of civil justice in America. This independent analysis placed the U.S. in 65th place on the affordability and accessibility of our legal system, tied with those stalwarts of civil justice Botswana and Pakistan. Stunning, you say? Juan Carlos Botero, executive director of the WJP, a group led by a stellar board chosen from the highest ranks of the American legal profession, doesn’t think so. “We have done this study year after year,” says Botero, “and have always found the same thing...(civil justice) is significantly more accessible and affordable in Western European countries than it is in the United States.” Botero is being kind. According to the WJP’s report, not only do most advanced nations like Britain, Norway, Sweden and Germany outrank the US; so, too, do Third World countries like Moldova, Sri Lanka, Honduras, Colombia, Venezuela, and even Iran, Bulgaria and Russia. Why, in the United States, where we value equality and fairness, do we fail so miserably at providing access to justice for those who feel that they have been wronged? One plausible explanation is the extreme economic imbalance that exists in America’s judicial system, favoring parties with the deepest pockets. This is truer than ever in the civil context, where litigation has become an enormously expensive proposition for businesses and individuals without substantial financial resources. In addition to the cost of obtaining quality counsel there is the ever-expanding price tag associated with trial discovery, compounded by funds needed for a whole battery of trial necessities – from witness preparation to jury research, plus the small fortune needed in reserve in the likely event of an appeal. In short, litigation has become America’s biggest money pit and good luck to any claimant who can’t ante up the stakes, no matter how righteous the cause.
	86	+
	87	+Police culture is not about individual reforms but rather overarching structures like masculinity and racism that the aff can’t solve for. Benson 01
	88	+Benson, Rober. "Changing Police Culture: The Sine Qua Non of Reform." 2001. Accessed November 9, 2016. http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2265andcontext=llr. SP
	89	+The full job of analyzing police culture in Los Angeles would require a good deal more time and space than is allotted to me here. It would start with the history of policing in the United States and end with the particular history of the LAPD. For today, I will just jump ahead of the story to identify four current sources of cultural values within the LAPD that seem to be driving many of the human rights abuses and illegal acts that have erupted in the Rampart scandal, in the department's behavior during the recent Democratic National Convention, and in other incidents. Those sources are as follows: (1) machismo; (2) militarism; (3) racism; and (4) the code of silence. I will discuss only the first two. The third, racism, is an oftentold story. Both the McCone Commission, reporting after the 1965 Los Angeles riots, and the Christopher Commission, reporting in 1991 after the Rodney King incident, officially urged the kind of cultural change within the LAPD that I am urging here, primarily through recruitment of more minority officers. We can say that, while some steps have been taken in the right direction, the goal of ridding the LAPD of a culture of racism continues tragically to elude us. The fourth source, the code of silence, is discussed in the new Chemerinsky report. Machismo, or what some have called hypermasculinity, 4 is the value system that celebrates male physical strength, aggression, violence, competition, and dominance. It denigrates the lack of these qualities as weak, female behavior. Professor Angela Harris notes in a recent article in the Stanford Law Review that "police work has traditionally been coded hypermasculine" by the general culture.5 "The experience of street policing," she writes, is deeply steeped in a masculine culture of brotherhood that rests on the division between "us" and "them." Although "us" is supposed to refer to honest citizens and "them" to awbreakers, often "us" becomes simply a mirror image of "them': our guys against their guys. And, like the gangs they are dedicated to eradicating, law enforcement officers share a commitment to masculine ideals, moving within a culture of honor in which respect must be paid or violence will follow. ... The hypermasculinity of policing leads to a culture in which violence is always just below the surface. 6 The practical results of this police machismo are that male officers get themselves involved in hostile confrontations with the public, use of excessive force, shootings, drug dealing, and apparently, as we see now in the Rampart scandal, framing of suspects through deceit and lies. The silver lining in this cloud is that female officers are rarely involved in such misconduct, precisely because they rarely share the value system of machismo. In 1991 testimony to the Christopher Commission, Katherine Spillar, national coordinator of the Feminist Majority Foundation, analyzed academic research on the differences between men and women in policing. 7 Spillar noted that the research shows that female police officers are as effective in dangerous situations, but are less authoritarian, less aggressive, involved in fewer shootings, receive fewer complaints, more effective at diffusing potentially violent situations, and have better communication skills than male officers
	90	+
	91	+Psychological Trauma
	92	+Courts cause psychological damage when victims have to testify. Nelson 06
	93	+Nelson, Leah. "Testifying in Court Can Amplify Trauma For Victims of Childhood Sexual Abuse." Http://www.psychologicalscience.org/observer/testifying-in-court-can-amplify-trauma-for-victims-of-childhood-sexual-abuse#.WCYNtOErJE4. N.p., 2006. Web. SP
	94	+Add to that revisiting the abuse in courtroom testimony, and a complex picture emerges about the full impact the abuse can have on a victim. In her invited address at the APS 18th Annual Convention, “Childhood Trauma, and Court: The Psychology and the Law,” Gail Goodman, University of California, Davis, discussed research findings on the after-effects of childhood sexual abuse (CSA), highlighting the potentially damaging effects of a related event that is all too often overlooked: the trauma of testifying about CSA during trial. Between 1986 and 1988, Goodman and her team of researchers studied the behavioral patterns of over 200 children involved as victims in CSA prosecutions. They re-interviewed 174 of the victims as young adults (between 1997 and 2001), looking at their memories of the abuse and their current pathology and searching for correlations between their state as young children at the time of the CSA prosecutions and their later mental health. “

EntryDate

...	...	@@ -1,0 +1,1 @@
	1	+2016-12-03 23:08:20.152

Judge

...	...	@@ -1,0 +1,1 @@
	1	+Sierra Inglet, Hans Liu, Ashan Peiris

Opponent

...	...	@@ -1,0 +1,1 @@
	1	+Sky View JK

ParentRound

...	...	@@ -1,0 +1,1 @@
	1	+16

Round

...	...	@@ -1,0 +1,1 @@
	1	+Doubles

Team

...	...	@@ -1,0 +1,1 @@
	1	+Harvard Westlake Gross Neg

Title

...	...	@@ -1,0 +1,1 @@
	1	+Alta Dubs NC

Tournament

...	...	@@ -1,0 +1,1 @@
	1	+Alta