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+===Framework=== |
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+====I value morality since ought implies a moral obligation==== |
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+ |
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+ |
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+====We morally exclude people based on arbitrarily perceived differences—structural violence is rooted in this exclusion==== |
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+**Winter**, Deborah Du Nann, **and **Dana C. **Leighton**. "STRUCTURAL VIOLENCE." Peace, Conflict, and Violence: Peace Psychology for the 21st Century. (19**99**):. Print. ~~Don't worry I re-cut it~~ |
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+Finally, to recognize the operation of structural violence forces us to ask questions about |
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+AND |
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+thinking can be fostered by relationships, communication, and appreciation of diversity. |
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+ |
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+====Thus the standard is reducing structural violence—Three additional warrants for the standard:==== |
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+ |
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+====1~~ Eliminating Structural violence is a prerequisite to all other actions-all actions must challenge and change the way we view structural violence and oppression==== |
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+**Taylor **Janelle S. "Explaining Difference: "Culture," "Structural Violence," and Medical Anthropology." Office of Minority Affairs Diversity. University of Washington. Web. 28 Mar. 2016. |
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+"Structural violence," is a term that Farmer has developed in his own writings |
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+AND |
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+in situations where the automatic response might be to passively accept systematic inequalities. |
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+ |
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+ |
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+====This means the Aff framing is a pre-requisite to any other moral framework—"out-groups" will never be noticed and included in our moral discussions, so we need to eliminate structural barriers first to ensure a seat for all==== |
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+ |
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+ |
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+====2~~ Ideal theory abstracts from the real world and legitimizes its oppression—prefer non-ideal theory which is key to recognizing and solving oppressive power structures==== |
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+**Mills 05**, Charles W (Mills is presently John Evans Professor of Moral and Intellectual Philosophy at Northwestern University, He is known for his work in social and political philosophy, particularly in oppositional political theory as centered on class, gender, and race.). ""Ideal theory" as ideology." Hypatia 20.3 (2005): 165-183. |
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+The crucial common claim—whether couched in terms of ideology and fetishism, or |
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+AND |
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+within the systems they describe; so while theyabstract, they do notidealize. |
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+ |
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+ |
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+====3~~ Challenging institutional racism comes first—it makes violence inevitable which turns their util first args ==== |
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+Albert **Memmi 2k**, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165 |
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+The struggle against racism will be long, difficult, without intermission, without remission |
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+AND |
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+. True, it is a wager, but the stakes are irresistible. |
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+ |
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+ |
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+===Harms=== |
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+ |
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+ |
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+====Vague and inconsistent definitions of reasonable in the context of qualified immunity allow police to get away with excessive uses of force==== |
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+**Alpert and Smith 94**, Geoffrey P (Geoffrey Philip Alpert is a professor in the Department of Criminology and Criminal Justice at the University of South Carolina), and William C. Smith (Professor at University of South Carolina). "How reasonable is the reasonable man?: Police and excessive force." The Journal of Criminal Law and Criminology (1973-) 85.2 (1994): 481-501. SM |
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+Prior to 1989, most federal circuits followed the Fourteenth Amendment substantive due process " |
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+AND |
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+the confusing tautology.24 What is reasonable has become what is necessary. |
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+ |
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+ |
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+====It's no secret that police brutality is extremely racist==== |
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+**Chaney and Ray 13**, Cassandra (Has a PhD and is a professor at LSU. Also has a strong focus in the structure of Black families) , and Ray V. Robertson (Also has a PhD and is a criminal justice professor at LSU). "Racism and police brutality in America." Journal of African American Studies 17.4 (2013): 480-505. SM//do I really need a card for this |
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+Racism and Discrimination According to Marger (2012), "racism is an ideology, |
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+AND |
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+the information, yet the officers had no incentive to examine his truthfulness. |
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+ |
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+ |
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+====And more unjustified arrest warrants exacerbate the problem of mass incarceration, which is racist and destroys race relations==== |
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+Paul **Butler**, law professor, Georgetown,20**09**, Let's Get Free: A Hip Hop Theory of Justice, Kindle Edition, page number at end of card |
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+Race Relations Disparity in unemployment between blacks and whites: 2 to 1 Disparity in |
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+AND |
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+a part of the fabric of America and they will certainly be freer. |
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+ |
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+ |
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+====Qualified immunity prevents its victims from seeking justice ensuring the voices of the oppressed are kept silent—it's try or die for the aff==== |
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+**Rudovsky 2**, David (He is a founding partner of the law firm of Kairys, Rudovsky, Messing, and Feinberg ~~1~~, and a Senior Fellow at University of Pennsylvania Law School, where he teaches evidence and constitutional criminal procedure.) . "Police abuse: can the violence be contained." Harv. CR-CLL Rev. 27 (1992): 465. SM |
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+There are other significant barriers to judicial vindication of the rights of victims of police |
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+AND |
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+is no respondeat superior liability ~~for the municipality as a whole~~. 107 |
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+ |
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+ |
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+===Plan=== |
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+ |
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+ |
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+====Thus, the plan: The United States ought to limit qualified immunity of police officers in excessive force cases by removing it as a pre-trial defense and allowing the judge to determine the reasonability question.==== |
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+**Sheng 12**, Philip. "Objectivity Reasonable Criticism of the Doctrine of Qualified Immunity in Excessive Force Cases Brought under 42 USC Sec. 1983, An." BYU J. Pub. L. 26 (2012): 99. SM |
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+In light of the confusion after Saucier, Hope, and Brosseau, the Court |
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+AND |
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+discretion is far less than what the current doctrine of qualified immunity allows. |
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+ |
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+ |
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+And we're not extra-T, Analytic |
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+ |
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+Also, no eliminate-T—Analytic |
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+ |
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+===Solvency=== |
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+ |
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+====Police care about their perception, the aff ensures they know what "reasonable person's" use of force is, so they act within those confines ==== |
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+**Alpert and Smith 94**, Geoffrey P (Geoffrey Philip Alpert is a professor in the Department of Criminology and Criminal Justice at the University of South Carolina), and William C. Smith (Professor at University of South Carolina). "How reasonable is the reasonable man?: Police and excessive force." The Journal of Criminal Law and Criminology (1973-) 85.2 (1994): 481-501. SM |
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+The immediate reaction of a police officer to a citizen with an "attitude" |
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+AND |
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+be evaluated to determine if force used by a police officer is reasonable. |
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+ |
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+ |
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+**====Reforming qualified immunity is the best starting point—a lack of police accountability is what the aff fixes ====** |
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+**Wright 15**, Sam. "Want to Fight Police Misconduct? Reform Qualified Immunity."Above the Law. N.p., 3 Nov. 2015. Web. 02 Oct. 2016. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/. SM |
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+Recently, police have been killing and otherwise abusing people of color with what seems |
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+AND |
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+want to see justice done, we should push to make it happen. |
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+ |
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+ |
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+====And federal reforms are uniquely needed to solve==== |
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+**Rudovsky 4**, David (He is a founding partner of the law firm of Kairys, Rudovsky, Messing, and Feinberg ~~1~~, and a Senior Fellow at University of Pennsylvania Law School, where he teaches evidence and constitutional criminal procedure.) . "Police abuse: can the violence be contained." Harv. CR-CLL Rev. 27 (1992): 465. SM |
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+In light of the nationwide scope of the problem, consideration should be given to |
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+AND |
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+be a condition of the receipt of federal funds for law enforcement. 147 |
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+ |
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+ |
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+===Underview=== |
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+ |
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+====First, aff's should be able to spec how they limit qualified immunity if they have a solvency advocate==== |
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+ |
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+ |
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+Analytic |
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+Analytic |
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+ |
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+ |
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+====Put those rule of law DAs away—racial targeting justified by qualified immunity kills public faith in the law==== |
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+**De Stefan 17**, Lindsey (Editor for the Seton Hall Law Review). ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct." (2017). SM |
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+Unsurprisingly, police shootings in general tend to produce tension between the police and the |
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+AND |
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+question of how to implement comprehensive reform on a national scale remains unresolved. |
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+ |
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+ |
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+====Role-playing teaches students to be comfortable with the language of power which is critical to genuine and effective political activism – personal experiences must be tied to concrete political strategies to avoid cooptation==== |
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+**Coverstone, 05** – masters in communication from Wake Forest and longtime debate coach |
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+(Alan H., "Acting on Activism: Realizing the Vision of Debate with Pro-social Impact," Paper presented at the National Communication Association Annual Conference, 11/17/05) |
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+It is very important to note that Mitchell (1998b) tries carefully to limit |
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+AND |
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+that is a fundamental cause of voter and participatory abstention in America today. |