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Caselist.CitesClass[31]

Cites

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1		-Individual agents are only responsible for things that they have control over.
2		-Levi ‘5: Neil Levy writes in “The Good, The Bad, and The Blameworthy,” Journal of ethics and social philosophy June 2005
3		-Whereas an act is attributable to an agent if it is expressive of who she is, agents are accountable for actions only if they had a reasonable opportunity directly or indirectly to avoid infringing the standards for the violation of which they are held responsible (Watson, 2004b: 276). Agents are able directly to avoid such an infringement if they are able to conform their acts to the relevant standard; they are able indirectly to avoid infringement if they were able to avoid being held to that standard at all. Thus, agents can be responsible for their failed actions in the absence of a capacity to conform to the relevant standard just in case they could have avoided the requirement in the first place~-~-for instance, someone who accepts the role of a doctor, knowing what kinds of skills are required to occupy it competently, is not excused responsibility for harming her patients on the grounds that she lacked the skill to do better, so long as she had the opportunity to avoid accepting the role.
4		-This model of responsibility is volitionism, where agents are morally responsible for actions they had control over. Individual agents cannot be held responsible for their actions. No one knows whether there was malicious action for absolutely sure.
5		-Levi ‘5: Neil Levy writes in “The Good, The Bad, and The Blameworthy,” Journal of ethics and social philosophy June 2005
6		-Scanlon's might reply that assessments of responsibility must bottom out somewhere, and that the most plausible final court of appeal is in the character of the agent. But why should we think that? Why not say, instead, that responsibility bottoms out with acts of choice? Perhaps Scanlon thinks that that way an infinite regress lies; acts of choice could only ground our responsibility if we were responsible for our ability to choose, and such a demand is in principle unsatisfiable. On this view, only an ens causa sui could be responsible. But it certainly does not follow, from the fact that we cannot have chosen to possess the capacity to make choices, that our responsibility does not bottom out in our acts of choice. Suppose, with Wolf, that responsibility requires normative competence. Whether or not agents possess that competence is, typically, not up to them. Instead it is a matter of luck: Good upbringing,native capacity and so on, is required, and none of these is within the control of the agent. The fact that agents are not responsible for their normative competence does not however prevent us from asking whether they are responsible for their actions. On the volitionist form asking whether they are responsible for their actions. On the volitionist view, I may not be responsible for whether I am in the responsibility ballpark, but I am responsible for what I do when I find myself there.
7		-AND suing police municipalities is barred by the supreme court case Thompson v. Connick
8		-Chemerinsky ‘14: ERWIN CHEMERINSKY AUGUST 26, 2014 How the Supreme Court Protects Bad Cops http://www.nytimes.com/2014/08/27/opinion/how-the-supreme-court-protects-bad-cops.html?hpandaction=clickandpgtype=Homepageandmodule=c-column-top-span-regionandregion=c-column-top-span-regionandWT.nav=c-column-top-span-regionand_r=1
9		-The court has also weakened accountability by ruling that a local government can be held liable only if it is proved that the city’s or county’s own policy violated the Constitution. In almost every other area of law, an employer can be held liable if its employees, in the scope of their duties, injure others, even negligently. This encourages employers to control the conduct of their employees and ensures that those injured will be compensated. A 2011 case, Connick v. Thompson, illustrates how difficult the Supreme Court has made it to prove municipal liability. John Thompson was convicted of an armed robbery and a murder and spent 18 years in prison, 14 of them on death row, because of prosecutorial misconduct. Two days before Mr. Thompson’s trial began in New Orleans, the assistant district attorney received the crime lab’s report, which stated that the perpetrator of the armed robbery had a blood type that did not match Mr. Thompson’s. The defense was not told this crucial information. Through a series of coincidences, Mr. Thompson’s lawyer discovered the blood evidence soon before the scheduled execution. New testing was done and again the blood of the perpetrator didn’t match Mr. Thompson’s DNA or even his blood type. His conviction was overturned, and he was eventually acquitted of all charges. The district attorney’s office, which had a notorious history of not turning over exculpatory evidence to defendants, conceded that it had violated its constitutional obligation. Mr. Thompson sued the City of New Orleans, which employed the prosecutors, and was awarded $14 million But the Supreme Court reversed that decision, in a 5-to-4 vote, and held that the local government was not liable for the prosecutorial misconduct. Justice Clarence Thomas, writing for the majority, said that New Orleans could not be held liable because it could not be proved that its own policies had violated the Constitution. The fact that it's prosecutor blatantly violated the Constitution was not enough to make the city liable.
10		-Thus Counter-Plan: The Supreme Court of the United States ought to set new precedent that overturns Connick v. Thomas, so that government municipalities may be held responsible in civil court for the actions of their employees.
11		-The net benefit of the CP is the volitional responsibility of officers.
12		-The AC assumes that the ones responsible for constitutional tort is the officer, but this assumes that the officer is maliciously choosing to violate rights. Although This does happens it falls outside the scope of qualified immunity. The truth is that police officers are ill equipped to make the kinds of decisions they make.
13		-King ‘16: Shaun King July 25, 2016 KING: To help fix police brutality, cops can no longer have less training than the average cosmetologist
14		-Speaking with the Daily News, former police officer Randy Shrewsberry said, "On average, state basic police training is 622 hours with no required apprenticeship. Of course there is some time with a Field Training Officer — which is not mandated in most states and is fully subjective to the employing department. "Conversely, the basic training requirements for cosmetologists is 1,570 hours, with an average of 1,080 mandated apprenticeship hours with a total of 2,650 required hours — and that's just the average. Additional research shows that there is little to no requirement of continued education for police officers. Those states that do mandate continued education it is usually in the ballpark of 40 hours per year." Right away, Whittingham discovered police officers in Nordic countries are required to receive at least two full years of nonstop, university-style classroom training before they become officers. In California, police are required to complete 833 hours (that's 21 weeks) of training. That's on the longer side for most states in America, but wouldn't even equal a single semester of the 104 weeks required in Norway. Furthermore, entire police departments in places like Sweden and Norway can often go several years without firing a single bullet. Yet, in spite of the reality that they use lethal force exponentially less than America police, they are still trained exponentially more. Because so little classroom time is required of American police officers, much of what they learn is on-the-job training. Theoretically, this may not sound harmful, but if police departments already have bad practices in place, and officers are learning more on the job than they are in the classroom, what they learn from their colleagues will reign supreme. If we are to change the culture of American policing and create safer environments for police and citizens, the length of training they receive must drastically increase.
15		-The training that police receive plays a large part into why they can act incompetently, the true blame for their actions falls on the institution that sanctioned untrained force, rather than on the officer that thought it was OK.

EntryDate

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1		-2016-12-03 14:56:38.0

Judge

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1		-x

Opponent

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1		-x

ParentRound

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1		-27

Round

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1		-1

Team

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1		-Sunset bhat Neg

Title

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1		-ND - Municipality CP

Tournament

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1		-Alta