Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[19]
  • Caselist.CitesClass[18]

Details

Caselist.RoundClass[19]

EntryDate

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1		-2016-11-07 00:20:09.450
	1	+2016-11-07 00:20:09.0

Caselist.CitesClass[18]

Cites

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	1	+==1-off ==
	2	+
	3	+
	4	+**====Litigation is high now- limiting qualified immunity explodes the amount of cases, chilling police officers and increasing crime. ====**
	5	+Rosen 05, Michael, Attorney in San Diego, JD Harvard Law, A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement, http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1899andcontext=ggulrev
	6	+This effect dovetails with a growing tendency toward "depolicing" that has become prevalent
	7	+AND
	8	+delicate balance society seeks between forcefully fighting crime and respectfully treating all citizens.
	9	+
	10	+
	11	+====Second, increasing liability decreases police morale and makes them less likely to police actively.====
	12	+Leeuwen 16**: ~~Sean Van Leeuwen, Post June 23,2016, "Political rushes to judgement hurt public safety," Sean Van Leeuwen is Vice President of Association for Los Angeles Deputy Sheriffs~~**
	13	+**Mosby's decision to bury multiple officers under an avalanche of criminal charges was perhaps politically **
	14	+**AND**
	15	+they believe that crime is rampant and that their life is in danger.
	16	+
	17	+
	18	+====Most black homicide victims are killed by criminals, not police.====
	19	+MacDonald 16 ~~Heather MacDonald (writer of The War on Cops, drawing from Washington Post statistics on police killings from 2015), "Black and Unarmed: Behind the Numbers," the Marshall Project (a non-partisan, non-profit group dedicated to criminal justice reform), February 8, 2016~~
	20	+While the nation was focused on the non-epidemic of racist police killings throughout
	21	+AND
	22	+provides the potential for monetary compensation, but that's nothing compared to solving homicides
	23	+
	24	+
	25	+==2-off ==
	26	+
	27	+
	28	+====Judges usually wouldn't rule on the cases prevented by qualified immunity, since there's no stated compensable claim for relief, but ending qualified immunity would force defendents to go to trial—the aff world sees the same net effect after a protracted legal battle, so it clogs the courts for no reason at all.====
	29	+Putnam and Ferris 92** ~~Charles T. Putnam ~~Senior Assistant Attorney General, New Hampshire~~ and Charles T. Ferris ~~JD, Franklin Pierce Law Center~~, "Defending a Maligned Defense: The Policy Bases of the Qual- ified Immunity Defense in Actions Under 42 USC 1983," Bridgeport Law Review, Vol. 12, 1992~~**
	30	+**National resources are obviously scarce, yet **increasing numbers of section 1983 actions are being
	31	+AND
	32	+, so they're on the hook for legal fees with no hope of compensation
	33	+
	34	+
	35	+====Limiting QI clogs the courts – empirically confirmed – best study., Noll 8'====
	36	+Noll, David L. "Qualified Immunity in Limbo: Rights, Procedure, and the Social Costs of Damages Litigation Against Public Officials." NYUL Rev. 83 (2008): 911
	37	+In the context of ordinary civil litigation between two private parties, the total (
	38	+AND
	39	+that belong, if anywhere, in state court"51 is supported at
	40	+
	41	+
	42	+====Court clog turns case- Overburdened courts hamper effective representation—longer jail times, conviction of innocents, and racial biases means worse injustice.
	43	+Brunt 15
	44	+Alexa Van Brunt, "Poor people rely on public defenders who are too overworked to defend them" Guardian,http://www.theguardian.com/commentisfree/2015/jun/17/poor-rely-public-defenders-too-overworked, June 17, 2015. ====
	45	+Money can buy you a great defense team, but what if you can't afford one? More than 80 of those charged with felonies are indigent. As a result, they are unable to hire an attorney and instead rely on representation by a public defender. Public defenders are, as a general matter, the hardest working sect of the legal bar. But our nation's public defender systems have long been plagued by underfunding and excessive caseloads. In Florida in 2009, the annual felony caseload per attorney was over 500 felonies and 2,225 misdemeanors. According to the US Department of Justice, in 2007, about 73 of county public defender offices exceeded the maximum recommended limit of cases (150 felonies or 400 misdemeanors). Too often, those who are poor receive lower quality defense than those who have the means to pay. The on-going decimation of public defense prevents defense attorneys from conducting "core functions," including factual investigation into the underlying charges. In a lawsuit brought in Washington State, it emerged that publicly appointed defense attorneys were working less than an hour per case, with caseloads of 1,000 misdemeanors per year. This state of affairs also leads to exorbitant trial delays. Consequently, roughly 500,000 pre-trial detainees sit in jail year after year before being adjudged guilty of any crime. This makes a mockery of the innocent-until-proven-guilty principle so sacred to our system of justice. Just two years ago, then-Attorney General Eric Holder acknowledged that the country's indigent defense systems were "in a state of crisis." Overworked and poorly prepared attorneys were unable to provide effective representation to those they counsel, in violation of their ethical obligations to provide competent and diligent representation and their clients' rights under the Sixth Amendment. Holder's words came on the 50th anniversary of Gideon v Wainwright, in which the Supreme Court held that states are constitutionally required to provide counsel to defendants unable to afford to hire their own. Four years later, the Supreme Court ensured the same right for juveniles. Gideon prompted the widespread creation of public defender systems on which so many rely. Yet, the conditions underlying Holder's condemnation of public defense systems persist. Though funding for indigent defense systems vary by state, such systems are unified in being cash-strapped. Louisiana has had ongoing problems with the funding of its public defender systems since at least 1986 (controversially, Louisiana public defense is supported by the court costs and fines paid by public defenders' own clients). Ten judicial districts in the state are slated to run out of funds to pay their public defenders as early as ~~halfway through the year~~
	46	+
	47	+
	48	+====All of these impacts are supercharged by the fact that police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions. ====
	49	+De Stefan 16 ~~Lindsey de Stefan, ~~JD Candidate, Seton Hall University School of Law~~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~~
	50	+The Court specifically fears that financial liability, in the form of paying compensatory damages
	51	+AND
	52	+does not actually alter most officers' on-the-job actions.101
	53	+
	54	+
	55	+====This means the aff needlessly clogs the courts without accessing the net beenfits of the aff. Court clog undermines just enforcement of laws—turns the case by encouraging subjective application ====
	56	+Bannon 13 **~~Alicia Bannon (serves as counsel for the Brennan Center's Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center's Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal). "Testimony: More Judges Needed in Federal Courts." Brennan Center for Justice at NYU School of Law. September 10, 2013~~**
	57	+The growing workload in district courts around the country negatively impacts judges' ability to effectively
	58	+AND
	59	+**2013, so as to ensure the continued vitality of our federal courts. **
	60	+
	61	+
	62	+==3-off ==
	63	+
	64	+
	65	+====CP Text: The United States Federal Government should mandate that all police officers wear body cameras. ====
	66	+
	67	+
	68	+====CP solves material impacts of case—empirics prove body cameras massively reduce violence. ====
	69	+**Feige 15** ~~David Feige, television writer and the author of Indefensible and spent 15 years as a public defender "Brutal Reality: When police wear body cameras, citizens are much safer," Slate, April 10, 2015, http://www.slate.com/articles/news_and_politics/jurisprudence/2015/04/police_body_cameras_cops_commit_less_violence_and_complaints_are_real.html~~ JW
	70	+The difficulty in indicting and convicting police officers illuminates an uncomfortable truth of the criminal
	71	+AND
	72	+citizens are dismissed in favor of the self-justification of the police.
	73	+
	74	+
	75	+====Cops want the cameras which means the CP doesn't create a chilling effect ====
	76	+**Wyllie 12** ~~Doug Wyllie, Editor at Large for PoliceOne, responsible for providing police training content and expert analysis on a wide range of topics and trends that affect the law enforcement community ,"Survey: Police officers want body-worn cameras," PoliceOne, Oct. 23, 2012, http://www.policeone.com/police-products/body-cameras/articles/6017774-Survey-Police-officers-want-body-worn-cameras/~~ JW
	77	+An overwhelming majority of police officers believe that there's a need for body-worn
	78	+AND
	79	+opinion was not widespread. In fact, it was the tiniest minority.
	80	+
	81	+
	82	+==Case==
	83	+
	84	+
	85	+====1. Terminal Defense- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity====
	86	+Fallon 11** **~~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~
	87	+As another possible response to a world without official immunity, the Supreme Court might
	88	+AND
	89	+reasonable person could think a search reasonable, it is not unreasonable.56
	90	+
	91	+
	92	+====2. Squo solves====
	93	+Kaste 16, Martin, 9-22-2016, "Police Reform Is Happening, But It's Hard To Track," NPR.org,http://www.npr.org/2016/09/22/495023234/police-reform-is-happening-but-its-hard-to-track
	94	+"Clearly the high-profile agencies ... the ones that have experienced challenges and
	95	+AND
	96	+honest about the fact that we're also asking them to take more risks.
	97	+
	98	+
	99	+====3. Liability doesn't affect police conduct- empirically proven====
	100	+Schwartz 14** ~~Joanna C. Schwartz, ~~Assistant Professor of Law, UCLA School of Law~~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~~**
	101	+**Studies have found that "the prospect of **civil liability has a deterrent effect in
	102	+AND
	103	+**is currently not influenced to any substantial extent by the threat of litigation. **
	104	+
	105	+
	106	+==== 4/. Limiting qualified immunity causes police officers to settle cases out of court—prevents any litigation or constitutional interpretation, which turns the precedent advantage====
	107	+Boutwell 79 **~~J. Paul Boutwell (Special Agent, Legal Counsel Division, Federal Bureau of Investigation). "Qualified Immunity of Law Enforcement Officiais." FBI Law Enforcement Bulletin. January 1979~~**
	108	+**"Hundreds of Police Agencies Losing Insuranc13 Coverage," The Washington Post, October 26**
	109	+**AND**
	110	+to establish a principle.** This was done in Hill v. Rowland.**
	111	+
	112	+
	113	+====5. The 1AC's focus on the officer instead of the government overlooks the larger structural issues that allow police violence to add up in the squo- putting on a badge does not turn you into a monster- rather, the problem is how we're training police. ====
	114	+
	115	+
	116	+====Holland 15 Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015====
	117	+ 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
	118	+
	119	+
	120	+====Turn case- you move the blame on the wrong group. Lawsuits on police don't lead to any change and just prevent any real reform. Gilles 2k====
	121	+Gilles, Myriam "In defense of making Government pay: the deterrent effect of constitutional tort remedies."
	122	+In addition to serving an informational function, municipal liability claims serve a "fault
	123	+AND
	124	+liability, therefore, fixes the fault of constitutional violations directly on the municipal
	125	+
	126	+
	127	+====5. Juries love cops, so it's more likely that they won't deliver a guilty verdict. Ruse of solvency. Patton 92====
	128	+Patton, Alison "Endless Cycle of Abuse: Why 42 USC 1983 Is Ineffective in Deterring Police Brutality, The." (1992):
	129	+Even in the face of seemingly indisputable evidence, such as a videotape, an
	130	+AND
	131	+obstacles to convince a typical jury that a police officer used excessive force.
	132	+
	133	+
	134	+====7. Bad decisions result from inadequate training—departments, not officers, are at fault.====
	135	+Holland 15 **~~Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015~~**
	136	+**What got less attention is that less than two weeks before the shooting, the **
	137	+AND
	138	+for using violence, and very little guidance on how to avoid it**.**

EntryDate

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	1	+2016-11-07 00:20:11.292

Judge

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	1	+Panny Shan

Opponent

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	1	+Marlborough MC

ParentRound

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	1	+19

Round

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	1	+3

Team

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	1	+West Ranch Won Neg

Title

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	1	+NOVDEC - Damus R3 NC

Tournament

...	...	@@ -1,0 +1,1 @@
	1	+Damus