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-I affirm Resolved: The United States ought to limit qualified immunity for police officers. |
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-Framework |
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-The value is justice because ought is “used to express justice.” That’s Random House 2k16. |
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-"ought". Dictionary.com Unabridged. Random House, Inc. 22 Jul. 2016. Dictionary.comhttp://www.dictionary.com/browse/ought. |
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-The criterion is minimizing human suffering and subsequently death through youngs politics of differnce |
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-Every person and institution has an obligation to minimize suffering everywhere-this is critical to promote justice. Util fails as it is too individualistic rather we should have a universal effort to minimize suffering with an emphasis on structural impacts; everyone has their own lives but our relationships form conflict and oppression thus we must all acknowledge that minimizing the suffering for everyone everywhere is our priority. |
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-Young 2010 Iris Marion. Professor of Political Science at the University ofx Chicago, affiliated with the Center for Gender Studies and the Human Rights program @ UChicago. Responsibility for Justice, published by Oxford University Press in 2010. pp.137-9 |
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-Some philosophers reject the claim that the scope of obligations of justice extends only to |
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-jointly and minimize violent conflict among them. |
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-Prefer the Young framework |
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-1. Ethical theories will always fail for they do not acknowledge that power relations exist 2. Ethical theories will always conflict, rather we should just accept an overall obligation to minimize suffering in all institutions. 3. Understanding that we all have obligations of justice is a prerequisite to any just world 4. This debate will ultimately boil down to getting rid of instances of harms like suffering and death. 4. Prioritize structural impacts in political institutions, these harms are recurring and embedded and we usually omitted from discussion. |
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-Harms |
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-Without limit, qualified immunity, otherwise known as QI, continues to silently expand making suits almost impossible- this turned qualified immunity into complete immunity. |
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-Kinports 16 Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, and the Fourth Amendment Commons This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact ram6023@psu.edu. Recommended Citation Kit Kinports, The Supreme Court's Quiet Expansion of Qualified Immunity, 100 Minn. L. Rev. Headnotes 62 (2016). FK |
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-In recent years, the Supreme Court opinions applying the qualified immunity defense have engaged |
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-government actors seeking immunity or the lower courts tasked with resolving their claims. |
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-We check our police with suits, and QI doesn’t even allow for that. QI allows officers to feel safe acting in overaggressive ways by not allowing prosecution without a court precedent. This means victims of police brutality can rarely bring justice to their attackers. Then since officers are never held accountable, they feel comfortable relying hateful biases since there are essentially no risks for them. QI is what allows for police brutality. |
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-Jaworski 15 Michelle Jaworski, 3-12-2015, "Why do police officers keep killing unarmed black men?," Daily Dot, http://www.dailydot.com/via/police-killings-ferguson-unarmed-black-men/ FK |
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-Like Darren Wilson, all of the officers involved in these shootings were cleared of |
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-sticking police with some personal responsibility for their actions may actually save lives. |
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-QI’s frivolous violence targets those facing persecution at the intersection of heteronormativity and racism; this means the ones who face police brutality are the ones that society already disproportionately harms. |
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-Lopez 2k16 German Lopez, 7-8-2016, "Police officers explain how they’re encouraged to act in racist ways," Vox, http://www.vox.com/2016/7/8/12128858/police-racism-officers-admit FK |
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-Some people are still skeptical that police really do have a race problem, despite |
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-that the criminal justice system deploys officers in a way that’s racially biased. |
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-Police brutality leads to backlash from the oppressed. It’s a cycle of violence between police and the oppressed that doesn’t stop until relations improve. |
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-Yale 2k16 Yale study finds violence against police officers can trigger increased discrimination in police stops By Bess Connolly Martell September 19, 2016 http://news.yale.edu/2016/09/19/yale-study-finds-violence-against-police-officers-can-trigger-increased-discrimination-po FK |
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-A new Yale study has found that incidents of extreme violence against police officers can |
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-are an important contextual influence that frame subsequent interactions and trigger discriminatory behavior. |
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-Thus the plan: The United States Supreme Court ought to limit qualified immunity for police officers by changing the “clearly established right” clause to asking whether the defendant’s conduct was “clearly unconstitutional.” |
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-Limiting QI creates accountability for police officers; this reduces police brutality by destroying what it roots from. |
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-Wright 2k15 Sam Wright, 11-25-2015, "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 Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government. FK |
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-As usual, I’ve not buried the lede: that something is qualified immunity reform |
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-show that that conduct’s illegality has already been clearly established in the courts? |
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-Solves accountability and thus violence and relations. |
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-De Stefan 16 De Stefan, Lindsey, "“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). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850 FK |
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-Altering the qualified immunity doctrine is an excellent way to begin the path to restoring |
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-surely be a long path to rebuilding the trust that is so crucial. |
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-Resistance to bad governmental policies shouldn’t be limited to rejection – engaging larger institutions is key to effectuate real-world change – this is especially true because the aff is negative state action. Reversing the codification of structural harms is the way to alleviate those harms institutionally. |
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-Themba-Nixon 2K (Makani Themba-Nixon, “Changing the Rules: What Public Policy Means for Organizing,” Colorlines. Oakland: Jul 31, 2000. Vol. 3, Iss. 2; pg. 12) |
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-In essence, policies are the codification of power relationships and resource allocation. Policies |
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-should be. And then we must be committed to making it so. |