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+Qualified immunity exists for no other reason then to protect police from their own forms of state-sanctioned violence as long as an officer could have reasonably believed thier actions to be constitutional. This "reasonable belief" standard creates large-scale, unaccountable structural violence. |
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+Chemerinky 14 Erwin Chemerinky, 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 HSLA//SC |
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+Because it is |
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+AND |
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+boys as worthwhile. |
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+ |
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+Our argument is not just theoretical – empirics prove actual violence without accountability occurs because of this reasonableness standard. |
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+Swaine 16 Jon Swaine January 2 2016 He previously covered the U.S. for the Daily Telegraph. Young Black Men Killed by U.S. Police at Highest Rate in Year of 1,134 Deaths Final total of people killed by U.S. police officers in 2015 shows rate of death for young black men was five times higher than white men of the same age. Jon Swaine is the Guardian's U.S. correspondent based in New York. http://www.alternet.org/civil-liberties/young-black-men-killed-us-police-highest-rate-year-1134-deaths HSLA//SC |
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+Young black men |
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+AN |
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+of white people. |
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+ |
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+AND, analyzing the historical starting point of Qualified immunity is important – it was created as a response to systemic violence white officers committed against blacks in the civil war. This culture of "allowing" police violence had roots starting in the 19th century. |
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+Kirby 2K John D. Kirby, Qualified Immunity for Civil Rights Violations: Refining the Standard , 85 Cornell L. Rev. 461 (2000) Available at: http://scholarship.law.cornell.edu/clr/vol85/iss4/11 HSLA//SC |
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+Constitutional Remedies The |
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+AND |
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+and laws .... 27 |
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+ |
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+Therefore I affirm that the United States ought to limit the use of qualified immunity. I affirm the entire resolution – specifying a specific court case or intricate policy makes no sense – I defend disad ground but ld debate is about values – we will argue limiting qualified immunity is good and the neg can still read counterplans or disads to why it is bad – but they simply have to prove why the aff is a bad idea. |
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+ |
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+The role of the ballot is to vote for the best liberation strategy for the oppressed. |
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+Wright 15 Sam Wright, 11-3-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 HSLA//SC |
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+In order to |
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+AND |
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+in the courts? |
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+ |
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+THE 1AC IS KEY – police violence without accountability creates psychological, racial trauma within the black community ==== |
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+Turner and Richardson 16 Erlanger A. Turner, PhD (Assistant Professor of Psychology, University of Houston-Downtown) and Jasmine Richardson, 7-14-2016, "Racial Trauma is Real: The Impact of Police Shootings on African Americans," Psychology Benefits Society, https://psychologybenefits.org/2016/07/14/racial-trauma-police-shootings-on-african-americans/ HSLA//SC |
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+There have been |
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+AND |
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+concentration, or irritability. |
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+ |
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+AND – The brutal deaths of black people at the hands of police officers are replayed over and over by major mainstream news outlets and has detrimental psychological impacts on the lives black americans daily. This is especially true when police officers are let of the hook based on qualified immunity |
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+Smith 10 Walter Howard Smith, Jr., Ph.D. February 16, 2010. The Heinz Endowments. African American Men and Boys Advisory Board "The Impact of Racial Trauma on African Americans" HSLA//SC |
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+Large-scale social |
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+AND |
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+indicator of trauma. |
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+ |
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+AND – Racial trauma is REAL. The idea of seeing your people constantly murdered with no accountability results in horrible impacts. It is also uniquely problematic since black people in racially segregated populations show poor responses to trauma that result in domestic violence and depression – limiting qualified immunity represents understanding the harms of allowing police officers to kill black people and the psychological effects of them getting away with it in the black community |
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+Smith 2 Walter Howard Smith, Jr., Ph.D. February 16, 2010. The Heinz Endowments. African American Men and Boys Advisory Board "The Impact of Racial Trauma on African Americans" HSLA//SC |
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+Some persons will AND |
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+an expected outcome |
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+ |
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+AND, Qualified Immunity limits the amount of progress made within the political sphere. |
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+Reinert 11 Alexander A. Reinert 2011 ~~Alexander A. Reinert is a professor of law at the Benjamin N. Cardozo School of Law of Yeshiva University in New York City. Professor Reinert specializes in the areas of civil procedure, civil rights law, rights of prisoners and detainees, and constitutional law. Professor Reinert received his bachelor's degree from Brown University in 1994 and his juris doctor from New York University in 1999. Following law school, he clerked for Harry T. Edwards, DC Circuit Court of Appeals, followed by Supreme Court Justice Stephen Breyer.~~ "Does Qualified Immunity Matter?" University of St. Thomas Law Journal Volume 8 http://ir.stthomas.edu/cgi/viewcontent.cgi?artic le=1261andcontext=ustlj HSLA//SC |
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+The effect of |
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+AND |
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+the new procedure. |
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+ |
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+A limit is key — It also still allows police a limited defense – the 1ac is not saying police are inherently bad but a limitation of their rights can reduce black racial trauma |
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+Hassel 09, Diana, EXCESSIVE REASONABLENESS, Professor, Roger Williams University School of Law, 2009, https://mckinneylaw.iu.edu/ilr/pdf/vol43p117.pdf HSLA//SC |
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+The Court’s development |
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+AND |
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+the victim possible. |
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+ |
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+We should always prioritize these forms of structural violence over anything else |
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+Winter and Leighton 99 Deborah DuNann Winter and Dana C. Leighton. Winter~|~~Psychologist that specializes in Social Psych, Counseling Psych, Historical and Contemporary Issues, Peace Psychology. Leighton: PhD graduate student in the Psychology Department at the University of Arkansas. Knowledgeable in the fields of social psychology, peace psychology, and justice and intergroup responses to transgressions of justice~~ "Peace, conflict, and violence: Peace psychology in the 21st century." Pg 4-5 HSLA//SC |
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+Finally, to recognize |
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+AND |
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+to reduce it. |
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+ |
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+AND- large scale impacts are based off of a cost-benefit analysis that ignores material realities like normalized police violence |
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+Kessler and Daase 08 Oliver Kessler and Christopher Daase, Faculty of Sociology, University of Bielefeld, Department of Political Science, University of Munich, "From Insecurity to Uncertainty: Risk and the Paradox of Security Politics," Alternatives: Global, Local, Political, Vol. 33, No. 2, The Social Construction and Control of Danger in Counterterrorism (Apr.-June 2008), pp. 211-232~~ HSLA//SC |
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+The problem of |
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+AND |
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+with relative certainty. |