Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[2]
  • Caselist.CitesClass[2]

Details

Caselist.RoundClass[2]

EntryDate

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1		-2016-11-25 05:07:19.307
	1	+2016-11-25 05:07:19.0

Caselist.CitesClass[2]

Cites

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	1	+I affirm resolved: The United States ought to limit qualified immunity for police officers.
	2	+
	3	+
	4	+====I value justice.====
	5	+
	6	+
	7	+====Ethics has generally avoided issues of race and has failed to grapple with the way in which our biases affect our system of ethics.====
	8	+Charles Mills, Associate Professor of Philosophy at the University of Illinois, Chicago, "Blackness Visible: Essays on Philosophy and Race," Cornell University Press, 1998
	9	+To what extent can the ideas of Immanuel Kant, or at least some kind
	10	+AND
	11	+Kantian theory can be adapted to provide a philosophical blueprint of its architecture.
	12	+
	13	+
	14	+====The real world is not in conformity with raceless morality.====
	15	+Mills 2
	16	+So much for the familiar Kantian ideal world, the world
	17	+AND
	18	+like is the real economy, and the official economy is a myth.)
	19	+
	20	+
	21	+====This is explained by Herrenvolk ethics. Mills 3:====
	22	+We can represent these ontologies diagrammatically as in Figure 2,
	23	+AND
	24	+this framework is essentially misguided. Two points may be made in reply.
	25	+
	26	+
	27	+====Thus the standard is minimizing the power of Herrenvolk ethics. In other words, not allowing universal language like persons to permit, legally or ethically, behavior that treats minorities as subpersons.====
	28	+
	29	+
	30	+====The reasonable person standard is inherent to qualified immunity.====
	31	+Chemerinky 14, Erwin, Dean of the School of Law at the University of California, Irvine; he is a prominent scholar in US constitutional law and federal civil procedure, How the Supreme Court Protects Bad Cops, 2014, http://www.nytimes.com/2014/08/27/opinion/how-the-supreme-court-protects-bad-cops.html?_r=0
	32	+Because it is so difficult to sue government entities, most victims' only recourse is
	33	+AND
	34	+how many more riots will it take before the Supreme Court changes course?
	35	+
	36	+
	37	+====Plan text: The United States will adopt the reasonable basis for belief standard for qualified immunity.====
	38	+Jules Holroyd and Federico PicinaliIn, "Implicit Bias, Self-Defence, and the Reasonable Person," The Criminal Law's Person, Oxford University Press, 2016
	39	+A reasonable person standard that requires that individuals have a reasonable basis for belief is
	40	+AND
	41	+even unreasonable beliefs, so long as they are non-culpably held.
	42	+
	43	+
	44	+====The current reasonable person standard reinforces Herrenvolk ethics. Jules Holroyd and Federico PicinaliIn 2, "Implicit Bias, Self-Defence, and the Reasonable Person," The Criminal Law's Person, Oxford University Press, 2016====
	45	+One way of construing the reasonable person is as
	46	+AND
	47	+much as in the case of more familiar beliefs or preferences.
	48	+
	49	+
	50	+====Jules Holroyd and Federico PicinaliIn 3 furthers:, "Implicit Bias, Self-Defence, and the Reasonable Person," The Criminal Law's Person, Oxford University Press, 2016 ====
	51	+Non-culpable unreasonable belief as a decision-rule Under this
	52	+AND
	53	+problematic and implicates the law in various racist evaluative stances.
	54	+
	55	+
	56	+====Impacts)====
	57	+Qualified immunity reinforces Herrenvolk ethics by using the language of 'reasonable person.'
	58	+Regardless of implications, the fact that there is no specific definition given for reasonable person means that it is open to the interpretations that reinforce Herrenvolk ethics. In fact, it is empirically shown that racist interpretations have been used.
	59	+Not doing the aff means that you are ok with racists getting off because racism
	60	+AND
	61	+full persons (whites/R1) and subpersons (nonwhites/R2).
	62	+
	63	+
	64	+====Contention 2) Police====
	65	+
	66	+
	67	+====Qualified immunity justifies police brutality as demonstrated by Peterson v. Kopp.====
	68	+Tabitha Johnson, ~~Law Clerk at Hagar and Phillips, PLLC~~, "Qualified Immunity or Justified Brutality?: An Examination of the Qualified Immunity Doctrine in Peterson v. Knopp," Tennessee Journal of Race, Gender, and Social Justice Vol. 4, 2015.
	69	+Peterson alleged that Kopp violated his First and Fourth Amendment rights for wrongful arrest,
	70	+AND
	71	+the reasonable person standard or else it will go on permitting police brutality.
	72	+
	73	+
	74	+====Police brutality exacerbates racial divisions====
	75	+Panwala '03
	76	+Asit S. Panwala (Assistant District Attorney, Felony Cases, Bronx County District Attorney's Office; B.A., Berkeley; J.D., NYU). "The Failure of Local and Federal Prosecutors to Curb Police Brutality." Fordham Urban Law Journal, Volume 30, Issue 2 (2003) Article 7. http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article~~# 2079andcontext~~# ulj
	77	+Although police departments across the country have attempted to ameliorate the hostility between police officers
	78	+AND
	79	+law, especially when the racial dynamics of police brutality are considered.7
	80	+
	81	+
	82	+====This leads to a cycle of corruption and low trust in government====
	83	+Panwala '03
	84	+Asit S. Panwala (Assistant District Attorney, Felony Cases, Bronx County District Attorney's Office; B.A., Berkeley; J.D., NYU). "The Failure of Local and Federal Prosecutors to Curb Police Brutality." Fordham Urban Law Journal, Volume 30, Issue 2 (2003) Article 7. http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article~~# 2079andcontext~~# ulj
	85	+The criminal, a marginalized member of society, is in many ways the perfect
	86	+AND
	87	+officers~~ to abuse their authority in other ways, including corruption." 9
	88	+
	89	+
	90	+====This causes instability.====
	91	+Josh Zuckerman, "Protesting Police Brutality: A Call for Real Reform," The Princeton Tory, http://theprincetontory.com/main/1982/, February 19, 2015
	92	+The largest and most worrisome takeaway from the protests, however, is that America's
	93	+AND
	94	+be seized immediately before the public inevitably and lamentably shifts its attention elsewhere.
	95	+
	96	+
	97	+====Qualified immunity needs to be limited to prevent officers from exploiting it to push their racist agendas.====
	98	+Kia Makarechi, "What the Data Really Says About Police and Racial Bias," Vanity Fair, http://www.vanityfair.com/news/2016/07/data-police-racial-bias, July 14, 2016
	99	+A study by a University of California, Davis professor found "evidence of a
	100	+AND
	101	+to a black person or a white person" with 66 percent accuracy.
	102	+
	103	+
	104	+====Impacts)====
	105	+Qualified immunity is complicit with racist policing.
	106	+Racial divides cause a lack of trust in the police that creates a vicious cycle of corruption.
	107	+Causes instability.
	108	+Thus I affirm.

EntryDate

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	1	+2016-11-25 05:07:20.827

Judge

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	1	+Thomas Angus, Adam Torson, Mason Munro

Opponent

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	1	+University JC

ParentRound

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	1	+2

Round

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	1	+Doubles

Team

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	1	+Santa Monica Evans Aff

Title

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	1	+AC V2

Tournament

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	1	+Damus