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edited by Drew Thorburn
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Summary

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1 -I reserve the right to read anything off of my teammates' wikis.
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1 -A. Interpretation:
2 -Limit’ is defined by Merriam-Webster as:
3 -http://www.merriam-webster.com/dictionary/limit
4 -To curtail or reduce in quantity or extent.
5 -
6 -
7 -1
8 -Culpability NC
9 -I value morality. First, morality must address the nature of individual personhood and reasons for actions, Morse: Stephen Morse is a Ferdinand Wakeman Hubbell Professor of Law; Professor of Psychology and Law in Psychiatry at the University of Pennsylvania. “Rationality and Responsibility”
10 -In brief, the law’s concept of the person is a creature who acts for reasons and is potentially able to be guided by reason. Physical causes explain all the moving parts of the universe, but only human action can also be explained by reasons. It makes no sense to ask the winds or the tides or infrahuman species why they do what they do, but this question makes sense of and is central to our explanations of human behavior. When we want to know why an agent intentionally behaved as she did, we do not desire a biophysical explanation, as if the person were simply biophysical flotsam and jetsam. Instead, we seek the reason she acted, the desires and beliefs that formed the practical syllogism that produced intentional conduct.
11 -Only a conception of morality with an understanding of reasons for why people act is able to assess conduct. Just as we don’t place noteworthy blame on a hurricane for killing people, morality must account for the responsibility of its actors, Morse 2, Stephen Morse is a Ferdinand Wakeman Hubbell Professor of Law; Professor of Psychology and Law in Psychiatry at the University of Pennsylvania. “Rationality and Responsibility”
12 -The law’s concept of responsibility follows from its view of the person and the nature of law itself. Unless human beings are rational creatures who can understand the applicable rules and standards, and can conform to those legal requirements through intentional action, the law would be powerless to affect human behavior. Legally responsible agents are therefore people who have the general capacity to grasp and be guided by good reason in particular legal contexts. They must be capable of rational practical reasoning. The law presumes capability and that the same rules may be applied to all people with this capacity. The law We do does not presume that all people act for good reason all the time. It is sufficient for responsibility that the agent has the general capacity for rationality, even if the capacity is not exercised on a particular occasion. Indeed, it is my claim that lack of the general capacity for rationality explains precisely those cases, such as infancy or certain instances of severe mental disorder or dementia, in which the law now excuses agents or finds them not competent to perform some task.
13 -Thus the standard is consistency with individual capabilities. You can only be held to obligations if you are responsible for the reason those obligations are necessary and capable of performing them. Prefer the standard:
14 -1. Accounting for agent capacity is key to a functional theory of morality as different people necessitate different responsibilities for instance if I’m being mugged a policeman and an old lady should respond differently, otherwise morality would be self-defeating and devolve to nihilism since individuals couldn’t meet its requirements and it’d be a moot guide for action.
15 -2. Equality is part of all moral theories because otherwise moral discourse would be impossible as those considered lesser would be categorically excluded, making our moral knowledge skewed. And considering individual capabilities is key to equality since otherwise those who are less well-off will be perpetually held to more demanding standards they can never meet.
16 -Contention
17 -I contend that Limiting qualified immunity would make police officers liable for actions that they are not capable of acting otherwise or ethically culpable for.
18 -Subpoint A- Police officers often have to make split-second decisions in their line of work – it’s inevitable. McGuinness 02
19 -J. Michael McGuinness, Law Enforcement Use of Force: The Objective Reasonableness Standards under North Carolina and Federal Law, 24 Campbell L. Rev. 201 (2002). - http://scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1387andcontext=clr
20 -In a split second, officers are required to evaluate and employ force against criminal suspects to thwart apparent dangers to citizens and themselves.' ° The officer is often alone in this nightmare, like a "pedestrian in Hell."'" The officer's environment in use of force deci- 5. Saucier v. Katz, 533 U.S. 194, 206 (2001). 6. See Brown v. Gilmore, 278 F.3d 362, 370 (4th Cir. 2002); Schwartz, 2002 WL 312501; Volpe, 224 F.3d 72. 7. One of the three primary United States Supreme Court cases arose from North Carolina. See Graham v. Connor, 490 U.S. 386 (1989). In North Carolina, even investigations into alleged excessive force have generated high profile litigation. See In re Brooks, 143 N.C. App. 601, 548 S.E.2d 748 (2001), where an unprecedented ex parte procedure was used by the State Bureau of Investigation, but ultimately declared improper, to obtain confidential personnel and internal affairs files of officers without a warrant and without notice to the officers and opportunity to be heard. 8. See THOMAS T. GILLESPIE ET AL., Police Use of Force: A Line Officer's Guide (Varro 1998); DR. ALEXIS ARTWOHL and LOREN W. CHRISTENSEN, DEADLY FORCE ENCOUNTERS: WHAT Cops NEED TO KNOW TO MENTALLY AND PHYSICALLY PREPARE FOR AND SURVIVE A GUNFIGHT ( Penguin Press 1997). 9. See Saucier, 533 U.S. 194; Graham, 490 U.S. 386; Tennessee v. Garner, 471 U.S. 1 (1985). This trilogy provides the parameters for the typical use of force case. See Bd. of Comm'rs v. Brown, 520 U.S. 397 (1997)(reviewing governmental liability issues). 10. See Saucier, 533 U.S. 194; Park v. Shiflett, 250 F.3d 843, 853 (4th Cir. 2001); Anderson v. Russell, 247 F.3d 125, 129 (4th Cir. 2001); McLenagan v. Karnes, 27 F.3d 1002, 1007 (4th Cir. 1994). "An officer oftentimes only has a split second to make the critical judgment of whether to use his weapon." Ford v. Childers, 855 F.2d 1271, 1276 (7th Cir. 1988). 11. "The policeman's world is spawned of degradation, corruption and insecurity .... he walks alone, a pedestrian in Hell." WILLIAM A. WEsTLEY, VIOLENCE AND THE POLICE: A SOCIOLOGICAL STUDY OF LAW, CUSTOM and MORALITY V. (MIT Press 1970). "A police officer's life is always at risk, no matter how routine the assignment might seem." National Law Enforcement Officers Memorial Fund, Inc., Police Deaths Mount Nationwide, , at 1. "On average, one police officer dies within the line of duty nationwide every 54 hours." Id. "There are more than 3 McGuinness: Law Enforcement Use of Force: The Objective Reasonableness Standa Published by Scholarly Repository @ Campbell University School of Law, 2002 CAMPBELL LAW REVIEW decision-making is particularly unique because of the time pressures to act immediately without "armchair reflection"12 and because the lives of officers and bystanders are often at immediate risk. Many of these split second decisions by officers to employ force are correct, while some are mistaken. Under what circumstances does a mistaken belief that deadly force is necessary subject an officer to civil, criminal or civil rights liability? Generally, if the officer's mistaken belief is objectively reasonable under the circumstances, then the officer is not subject to any liability. The perceived danger must only be apparent, not actual, in order to justify the use of deadly force. North Carolina and federal law provide that where officers make reasonable mistakes, there is generally no liability. Professor Rubin of the Institute of Government at the University of North Carolina has observed that "despite its place in North Carolina jurisprudence, however, the excessive force element has been difficult to apply. The principle difficulty has been with distinguishing the requirement that the Defendant's force not be excessive, or unreasonable, from the reasonable belief requirement embodied" in the law. 13 Recent cases have clarified these issues, especially Saucier v. Katz, 14 where the Supreme Court reaffirmed recognition of the doctrine of mistaken beliefs in use of force cases
21 -Subpoint B- Culpability falls on the government and police departments for inadequate training of their officers when they make mistakes, they’re culpable, not the officer. Holland 15 Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015
22 -What got less attention is that less than two weeks before the shooting, the officer who shot Crawford had been trained to respond to “active shooter situations” by shooting first and asking questions later.According to The Guardian, officer Sean Williams and his colleagues were “taught to keep in mind that ‘the suspect wants a body count’ and therefore officers should immediately engage a would-be gunman with ‘speed, surprise and aggressiveness.’” At that training, they were told to imagine that a crazed gunman was threatening their own relatives. Dispatchers led Williams and his partner to believe that an active-shooter situation was underway. Store surveillance videoshowed that Crawford was shot and killed just seconds after police made contact with him, and probably had no idea what was happening. They followed their training, acting with speed, surprise, and aggressiveness. Thanks in large part to pressure brought by Black Lives Matter activists, some police experts are calling for a complete overhaul in the way cops are trained, both as cadets and during the “in-service” training they receive over the course of their careers. There are no national standards for training police, and the amount and quality of their instruction varies from agency to agency. But a survey of 280 police departments conducted by the Police Executive Research Forum (PERF), a Washington, DC–based think tank, found that American cops are given extensive preparation for using violence, and very little guidance on how to avoid it. The median police recruit in the United States will receive 129 hours of instruction on defensive techniques and using his or her gun, baton, OC-spray, and Taser. That cadet will receive another 24 hours of scenario-based training, drilling on things like when to shoot or hold fire. The median trainee also gets 48 hours of instruction on constitutional law and his or her department’s use-of-force policies.But that same future police officer will receive only eight hours of training in conflict de-escalation. And despite the fact that a quarter of the 838 citizens shot dead by police this year showed symptoms of mental-health issues, according to The Washington Post, the median cadet gets only eight hours of training in crisis intervention. The study paints a similar picture with in-service training. A total of 59 percent of a cop’s time is spent on using their weapons or defending themselves. That’s more than four times as much time that he or she will spend on de-escalation and crisis intervention. Almost all of the agencies surveyed offer their cops continual training with firearms, but over a third offer zero in-service instruction on conflict de-escalation.
23 -2
24 -Cincinnati Model CP
25 -
26 -CP Text: Aff actors ought to adopt the Cincinnati Model of policing while maintaining qualified immunity – this entails
27 -A) Community problem-oriented policing 
28 -B) A system that allows complaints against officers, and discipline for those officers
29 -C) Press conferences immediately following police shootings to communicate with the public 
30 -
31 -Semeuls 15: Semeuls, Alana Contributor, The Atlantic “How to Fix a Broken Police Department.” The Atlantic. May 2015.
32 -Some of the changes were small: The police department vowed to hold a press conference within 12 hours of any officer-involved shooting and to provide information as well as camera footage from the event. It agreed to track officers who received an inordinate number of complaints or who violated policies, and take disciplinary action if needed. It established a Citizen Complaint Authority with investigative and subpoena powers over police. It adopted new use-of-force policies, changed guidelines on when to use chemical spray, and established a mental-health response team to deal with incidents in which a suspect may have mental-health problems. But those changes were tiny in contrast to what Herold and others say completely altered the department over the course of a decade: the adoption of a new strategy for how to police. The settlement agreement for the ACLU lawsuit, dubbed the Collaborative, required Cincinnati police to adopt community problem-oriented policing, or CPOP. The strategy required them to do fewer out-and-out arrests, and instead focus on solving the problems that cause people to commit crimes in the first place.
33 -
34 -You don’t get the perm:
35 -A) Textually competitive: The perm is irresolvable if you pass a policy that limits qualified immunity and maintains it at the same time.
36 -B) Functionally competitive: It’s impossible to maintain qualified immunity while limiting it at the same time. That’s incoherent.
37 -C) If I lose mutual exclusivity, any disad to the affirmative is a reason to vote on the CP.
38 -
39 -Problem oriented policing solves the ROOT CAUSE of poverty and stops police brutality. Semeuls 2
40 -Semeuls: Semeuls, Alana Contributor, The Atlantic “How to Fix a Broken Police Department.” The Atlantic. May 2015.
41 -Problem-oriented policing was developed in 1979 by Herman Goldstein, a University of Wisconsin professor, and was first adopted in Newport News, Virginia. Other police departments, such as Baltimore, have used the method and then abandoned it, said John Eck, a criminologist at the University of Cincinnati who helped the city adopt problem-oriented policing (which it calls Community Problem-Oriented Policing). The strategy suggests that police should not just respond to calls for service. It says they should also look for patterns in these calls to service, determine what is causing the patterns and then implement solutions to solve them, he said. If hospitals notice an inordinate number of emergency patients coming in with facial injuries due to glass beer bottles being broken over their heads in fights, as was the case in on British precinct, police work with the bottle manufacturer to make bottles are made out of material that won’t break, he said. If police notice a woman is a repeat victim of domestic violence because her partner breaks into her ground-floor apartment, they work with the landlord to move her to a higher floor, link her to a social-services agency and help her find free daycare so she doesn’t have to rely on her abusive spouse for help. In another example, when police noticed an increase in metal thefts in a neighborhood, they worked with property owners to paint their copper pipes green, posted signs about the pipes being painted green and then informed scrap yards of the program to gain support, which led to a reduction in copper thefts. The strategy requires that police intimately know members of the community and listen to their concerns, even if doing so doesn’t lead to arrests. It requires that they get out of their cars and walk the streets, and it requires that they reach out to partners they traditionally would battle, such as the owners of buildings in high-crime spots, or community groups like Legal Aid. New policing approaches come and go, seemingly every year, but leaders such as Herold say that problem-oriented policing differs in important ways from other strategies. Broken-windows policing, for example, holds that police can prevent bigger crimes by cracking down on disorder and small crimes in a neighborhood. But law-enforcement officers often end up just making a lot of arrests with broken-windows policing, instead of addressing the problems that lead to small or big crimes in the first place. Similarly, Compstat, which was pioneered in New York City in the 1990s, uses statistics and mapping to identify crime patterns and direct resources there. It’s been credited with lowering crime in New York City, but also criticized by some criminologists for focusing on the numbers of arrests different officers make, rather than on protecting residents with the help of community input. Hot-spots policing uses data to deploy officers to areas where crime and disorder are concentrated, but its effects are usually short-term because the approach rarely focuses on the causes of the crime, Eck said. “Most cops, in any organization, have seen the reform du jour come through, and it varies from wearing your hats in a certain way to something more sophisticated,” Eck told me. “Police chiefs come, polices chiefs go, just as dumb ideas come, dumb ideas go.” When I asked Eck how he knew that problem-oriented policing, which is also called problem-solving, isn’t just another fad, he admitted that sometimes he wonders the same thing. But when he tries to think of an alternative, he always comes back to the fact that unlike Compstat or other approaches, problem-solving deals with the complexity of what’s going on in a community. The police department, he says, is the only government institution that has a strong hierarchy and works around the clock, and so it can most effectively marshal resources and other departments to solve difficult problems.
42 -Few Implications:
43 -A) Solves the root cause of the aff, which means your perm is incoherent. Any risk of defense against the aff is a voting issue.
44 -B) The Semeuls evidence also points out multiple different methods of policing and addresses to why those don’t have any type of solvency. That’s the world after the aff even if you limit qualified immunity.
45 -C) The CP creates a spill-over effect. Outweighs aff on magnitude because the spillover the other departments is regressive which means it has exponential growth.
46 -Metastudy proves that problem oriented policing has empirically led to reduction in crime. Weisburd 10
47 -David Weisburd 2010 American Society of Criminology Hebrew University, George Mason University “Is problem-oriented policing effective in reducing crime and disorder http://www.smartpolicinginitiative.com/sites/all/files/POP20Weisburd_et_al.pdf
48 -As noted, we also collected pre/post studies that did not have a control or comparison condition. Typically, these studies examined official crime data before and after a POP intervention to determine how the POP project affected crime. These studies rarely took statistical steps to account for “history”—the idea that crime rates might be rising or falling independent of the specific POP project. We should note that these studies vary somewhat in methodological quality and not all can be categorized as “simple pre-post.”18 These studies also covered various problems that ranged from neighborhood disorder to homicide. As with our main analyses, responses also varied greatly but frequently included a combination of increased community involvement, targeted enforcement, and situational/environmental improvements (see Weisburd et al., 2008, for more information on each study). Thirty two of the 45 studies come from Goldstein or Tilley Award submissions. The fact that more than 70 of the studies are submissions for an award leads to a potential publication bias (Rothstein, 2008) or, rather, to a “nonpublication” bias. In our case, these nonpublished award submissions would be expected to be more positive than the published literature. We will address this issue later. In Figure 7, we use a bar graph to display the percent change in crime and disorder reported in each study. When more than one primary outcome was present in a study, we averaged to create a single outcome. The results are overwhelmingly in favor of POP effectiveness. Of our 45 pre/post studies, 43 report a decline in crime or disorder after the POP intervention. Thus, even though 32 of our studies were award submissions, and 31 of these showed a positive impact, 12 of our 13 other studies also reported a beneficial impact of POP. Only one study (Maguire and Nettleton, 2003) reported an increase in crime after using POP. The average percent change in crime across all studies was a sizeable 44.45 decrease. To account for variation in sample size (i.e., crime incidents or calls for service) between studies, we calculated a weighted average percent change by weighting each study by the in verse of its variance and assuming crime follows a Poisson distribution.19 With this sampling variance, we constructed a confidence interval around the percentage change for each study. A plot of proportion change with confidence intervals is presented in Figure 8. After weighting each study by the inverse of its variance, we recalculated the average percent change. Even with weighting, the average decrease in crime was still 32.49. Accordingly, although these before and after studies did not employ the methodological rigor of a randomized experiment, they did show consistently a substantial impact of POP on crime and disorder in both the award submissions and the published journal articles.
49 -Multiple reasons to prefer the study – definitely outweighs your analytics
50 -A) 32 of the 45 or over 70 of the studies come from Goldstein or Tilley Award submissions. That means there is no publication bias.
51 -B) The study accounted for multiple variables that could lead to changes in outcome, yet the resulting decrease stayed the same.
52 -C) Lastly, the study was compared to an inverse in variance meaning the chance of a flawed study is extremely low.
53 -3Overview: You should vote negative if I win sufficient solvency defense against the aff showing that it’s unlikely that there will be significant change. This is specifically more real world- policymakers do not take action if they know the effect will be minimal since there is always an opportunity cost to implementing a plan. There is always an innate time and opportunity disadvantage to doing any aff.
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