Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.CitesClass[13]
  • Caselist.CitesClass[14]

Details

Caselist.CitesClass[13]

EntryDate

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1		-2016-11-06 21:37:24.952
	1	+2016-11-06 21:37:24.0

Caselist.CitesClass[14]

Cites

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	1	+CP: The United States Congress should repeal loco parentis for school resource officers, mandate that school resource officers abide by probable cause standards, mandate use of IEPs by all schools, require that misdemeanor acts be responded to with a warning and a mediation referral before a referral to the juvenile legal system, use restorative justice programs in schools, and disqualify officers with any history of misconduct, aggression or civil rights violations from being hired for school programs
	2	+Solves all of case
	3	+Rosen 5 – their author Michael M. Rosen (Attorney in San Diego at Fish and Richardson PC, an intellectual property law firm; JD, Harvard Law). “A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement.” 35GoldenGateU.L.Rev. (2005). http://digitalcommons.law.ggu.edu/ggulrev/vol35/iss2/2
	4	+Student Rights and Ways to Protect Them
	5	+According to Tinker v. Des Moines (1969), students do not "shed their constitutional rights at the school house gate." Even so, students' rights are restricted under the principle of in loco parentis, which states that school officials are allowed to act "in place of the parent." For example, according to the Fourth Amendment, a police officer cannot conduct a search without probable cause. As a result of in loco parentis, though, school officials are allowed to search a child's locker with only reasonable suspicion. In the case of school resource officers, there is no federal consensus on whether a police officer is acting as a law enforcement official or as a school official.
	6	+As a result, some states have protected students by ruling that officers must uphold the Fourth Amendment and abide by probable cause standards. Others have left students vulnerable by saying that school resource officers are acting in the capacity of school officials, have the authority to invoke in loco parentis and as a result can abandon probable cause in favor of reasonable suspicion. Similarly, in states where police officers are granted in loco parentis, students are placed under arrest without being read their Miranda rights. This has put into question the Fifth Amendment rights of students nationwide.
	7	+While federal protections for students have not yet been secured, and state and local rights are still largely ambiguous, there are local and statewide efforts that have functioned to protect the rights of students and protect students from police contact. For example, the Pacer Center reports that in some states and school districts parents can "write into the IEP individualized education program that your child may not be interviewed by the police or the school's police liaison officer without a parent present." Additionally, local and state initiatives have been put into place by community members and advocates working to protect children from police contact.
	8	+At the local level, the Justice Policy Institute describes how the cooperative agreement implemented in Clayton County, Georgia, ensures that misdemeanor acts must be responded to with a warning and a mediation referral before a referral to the juvenile legal system. Similar steps were taken in Jefferson County, Alabama. The school discipline code was revised in Baltimore, Maryland, to implement different levels of response to different levels of offense and dictate that only the most serious offenses be reported to law enforcement. In Oakland, California, restorative justice programs have been put in place as a buffer between students and law enforcement. At the state level, less has been accomplished, but legislation was passed in Florida, Colorado and Texas discouraging arrests for basic discipline, misdemeanors and minor offenses.
	9	+Other strategies may also prove successful in terms of fighting police presence in public schools. For example, funding restrictions and redirection may prove to be another effective way to disincentivize police presence in schools. Grant application requirements can be implemented to ensure that schools engaged in disproportionate disciplining of disadvantaged communities or law enforcement agencies with disproportionate arrest numbers are disqualified from receiving funding. Officers with any history of misconduct, aggression or civil rights violations can also be disqualified from participating in school programs through hiring policies. Funding for law enforcement can be eliminated altogether and redirected into community education programs. Civil rights advocates can also organize to pass legislation that ensures that police officers are still considered police officers once they pass the schoolhouse gate, in order to safeguard the Fourth and Fifth Amendment rights of students. These efforts can be made at the local, state and federal levels.

EntryDate

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	1	+2016-11-06 21:37:25.541

Opponent

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	1	+San Marino JC

ParentRound

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	1	+8

Round

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	1	+3

Team

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	1	+Palos Verdes Gaur Neg

Title

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	1	+SRO CP

Tournament

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	1	+Damus