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-PLAN: The Department of Justice will bring about lawsuits against cities and states in terms of constitutional violations to increase Consent Decrees |
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-Competition (through Net Benefits and Mutual Exclusivity) |
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-Police Disarmament is contrary to the idea of banning handguns. The police is needed to protect society and maintain the monopoly of force by the state. Their solvency author admits they are incompatible. |
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-Consent Decrees would end police malpractice. |
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-Domanick |
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-Joe Domanick is associate director of the Center on Media, Crime and Justice at John Jay and West Coast Bureau Chief of The Crime Report. “Police Reform's Best Tool: A Federal Consent Decree,” July 15, 2014 (The Crime Report) |
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-http://thecrimereport.org/2014/07/15/2014-07-police-reforms-best-tool-a-federal-consent-decree/ |
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-One of the most significant pieces...the populations they serve. |
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-This is empirically verified by decrees in Oakland, Los Angeles, and New Orleans; many other examples. |
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-Domanick |
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-Joe Domanick is associate director of the Center on Media, Crime and Justice at John Jay and West Coast Bureau Chief of The Crime Report. |
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-http://thecrimereport.org/2014/07/15/2014-07-police-reforms-best-tool-a-federal-consent-decree/ |
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-Currently about 20 cities have...good cop knows, sometimes force is necessary. |
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-Also solves advantages because police will still have Qualified Immunity, but still get brought to court. Look at the Maatman evidence. |
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-Net Benefits |
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-The DoJ is much stronger than civil suits, it avoids the small court systems and go straight to supreme court. Consent Decree Monitor |
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-Look at litigation: |
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-1) case goes to trial then verdict -OR- 2) settle it. When the DoJ sues the city and police, then instead of trial, they negotiate points in the petition of DoJ. Police Departments settle, thus the agreements results in consent decree. Then, there’s a Consent Decree monitor in place, who keeps track of Reforms initiated (city pays for it) |
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-2) Avoids the Court Clog DA |
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-TURN: Limiting QI creates a “chilling effect” or Fear state. Qualified immunity establishes a good relationship between law and citizens. |
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-Kirby 2k |
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-John D. Kirby, May, 2000, "Qualified Immunity for Civil Rights Violations: Refining the Standard " Cornell Law Review, http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3450andamp;context=clr |
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-Some sacrifice of individual rights for the sake of effective government is the inevitable price of living in a society organized and run by fallible human beings. 70 The early common law recognized that...individual constitutional rights. |
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-The plan solves by eliminating uncertainty about what is a violation of the constitution and also beginning to hear cases challenging immunity ignored by lower courts. (BALKAN agrees to this claim) This is key to increasing accountability and serves as an immediate starting point for future reforms |
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-Oliver 15 |
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-Oliver, Wesley. "Prohibition’s Lingering Shadow: Under-Regulation of Official Uses of Force." Http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=4165andcontext=mlr. 2015. |
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-Unnecessary police killings may...most investigative techniques |
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-The advantage is Constitutional Policing, look at the Dominak evidence. Consent Decrees force the police to enforce constitutional policing, look to Body cameras and dashboard cameras. We empower the black voice, embrace the protest |
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-Kampfe |
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-KARSON, (The Ohio State University Moritz College of Law, J.D. Candidate 2016) |
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-“Police-Worn Body Cameras: Balancing Privacy and Accountability Through State and Police Department Action,” Ohio State Law Journal |
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-http://moritzlaw.osu.edu/students/groups/oslj/files/2016/01/Vol.-76_5-1153-1200-Kampfe-Note.pdf |
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-Police officers do not...preemptively deescalate situations. |