Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[20]
  • Caselist.CitesClass[19]

Details

Caselist.RoundClass[20]

EntryDate

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1		-2016-11-09 23:38:35.223
	1	+2016-11-09 23:38:35.0

Caselist.CitesClass[19]

Cites

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	1	+==1-off==
	2	+
	3	+
	4	+====PLAN FLAW - The use of the word will in the plan causes uncertainty—we don't know when the aff happens, if it happens at all====
	5	+Bishop 11 **~~Keith R. Bishop - California Commissioner of Corporations and Interim Savings and Loan Commissioner, currently partner at Allen Matkins' Corporate Law Group: "When Shall/Will/Must/May We Meet Again?" California Corporate Law 11/29/11; http://calcorporatelaw.com/2011/11/when-shallwillmustmay-we-meet-again/~~**
	6	+Lawyers are very fond of using the word "shall" in** articles of incorporation**
	7	+**AND**
	8	+the debate unpredictable. This kills fairness and education by destroying good clash.
	9	+
	10	+
	11	+====2. Empirically proven- small mistakes have huge legislative consequences.====
	12	+Heath 06 **~~Brad, USA Today, 11-21-06, http://www.usatoday.com/news/nation/2006-11-20-typo-problems_x.htm~~**
	13	+In the legislative world**, such **small errors**, while uncommon, can **carry expensive consequences**. In a few cases **around the nation** this year, **typos and** other **blunders have redirected millions of tax dollars or threatened to invalidate new laws**.**
	14	+
	15	+
	16	+====3. Language norms matter—they affect portability of education and the advocacy skills we develop, and the impact is magnified in legal settings====
	17	+Miller no date **~~Maureen Miller (South African Freelancers' Association and the Professional Editors' Group. Maureen is currently freelance sub-editor of South African Airways' in-flight magazine, Sawubona, and has sub-edited the Johannesburg Tourism Company magazine, SoJoburg). "The Importance of Grammar."~~**
	18	+**The simple answer is that **good and correct grammar**, in whatever language, shows **
	19	+**AND**
	20	+**of thought and communication through** correct syntax and punctuation become even more important.
	21	+
	22	+
	23	+==2-off ==
	24	+
	25	+
	26	+====First link- Limiting qualified immunity harms police effectiveness—they have to spend additional time in court====
	27	+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.~~**
	28	+**It is hard to deny that **the more time police officers spend at trial defending
	29	+AND
	30	+lawsuits appears to involve serious risks to** agents as well as **the public**. **
	31	+
	32	+
	33	+====Second, increasing liability decreases police morale and makes them less likely to police actively.====
	34	+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~~**
	35	+**Mosby's decision to bury multiple officers under an avalanche of criminal charges was perhaps politically **
	36	+**AND**
	37	+**they be accountable for rendering legal opinions the Supreme Court determines are wrong?**
	38	+
	39	+
	40	+====Chilling police action causes a homicide spike—empirically proven====
	41	+Felton et al 16** ~~Ryan, Lois Beckett, Jamiles Lartey, 'Ferguson Effect' is a plausible reason for spike in violent US crime, study says, 2016~~**
	42	+A** new **Justice Department-funded study concludes that** a version of **the** so-**
	43	+**AND**
	44	+**unarmed black citizens **causes the police "to disengage from vigorous enforcement actions".
	45	+
	46	+
	47	+==== Most black homicide victims are killed by criminals, not police.====
	48	+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~~**
	49	+While the nation was focused on** the non-epidemic of racist **police killings** throughout **
	50	+**AND**
	51	+think they are at risk, so increasing homicides will increase deadly force usage
	52	+
	53	+
	54	+==3-off ==
	55	+
	56	+
	57	+====Police reform solves the aff and it's happening right now—maintaining the squo is key to improvements====
	58	+Kaste 9/22** ~~Martin Kaste, 9-22-2016, "Police Reform Is Happening, But It's Hard To Track," NPR.org~~**
	59	+"**Clearly the high-profile** agencies** ... the ones that have experienced challenges and **
	60	+**AND**
	61	+—individual departments know what's best for themselves more than the Supreme Court does
	62	+
	63	+
	64	+====Limiting qualified immunity is counterproductive—it paints all officers with the same brush, decreasing internal motivation within police departments by making reform seem impossible.====
	65	+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~~**
	66	+**Mosby's decision to bury multiple officers under an avalanche of criminal charges was perhaps politically **
	67	+**AND**
	68	+doesn't affect, but it derails reforms in state and local departments nationwide.
	69	+
	70	+
	71	+==4-off ==
	72	+
	73	+
	74	+====The moral judgment of any action requires an assessment of capacity—agents can only be deemed culpable for failing to do something they could have done otherwise .====
	75	+Streumer **~~Bart. Reasons and Impossibility, 2004~~**
	76	+**The argument from tables and chairs. **There cannot be a reason for a table or** a **chair to perform an action, because it is impossible** for a table or a chair to perform an action. **When it is impossible for a person to perform an action, this person is in the same** **position with regard to this action that a table or a chair is in with regard to all actions.** Therefore, just as there cannot be a reason for a table or a chair to perform an action, there cannot be a reason for this person to perform this action. And therefore, (R) is true.**
	77	+Thus the standard is consistency with individual capabilities. To clarify, you can only
	78	+AND
	79	+immunity would make officers liable for actions they are not morally culpable for.
	80	+
	81	+
	82	+====A. Officer conduct in high-stress situations is instinctive, not based on free will- empirics prove====
	83	+Ross 13 **~~Assessing Lethal Force Liability Decisions and Human Factors Research Darrell L. Ross, PhD, Professor and Department Head, Department of Sociology, Anthropology, and Criminal Justice, and Director of The Center of Applied Social Sciences, Valdosta State University~~**
	84	+**It is well-known that **physiological stress can impact perception** (Janis and Mann**
	85	+**AND**
	86	+, the officer couldn't have known, so he shouldn't be personally liable.
	87	+
	88	+
	89	+====C. Bad decisions result from inadequate training—departments, not officers, are at fault.====
	90	+Holland 15 **~~Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015~~**
	91	+**What got less attention is that less than two weeks before the shooting, the **
	92	+AND
	93	+for using violence, and very little guidance on how to avoid it**.**
	94	+
	95	+
	96	+==5-off ==
	97	+Counterplan text: The United States Federal government should introduce CompStat technology into departments and use it to track police misconduct.
	98	+This stops misconduct and holds people accountable
	99	+ Hennelly 15, Robert, 2015
	100	+"Poisonous cops, total immunity: Why an epidemic of police abuse is actually going unpunished"http://www.salon.com/2015/05/13/poisonous_cops_total_immunity_why_an_epidemic_of_police_abuse_is_actually_going_unpunished/
	101	+"There's just no
	102	+ "There's just no effort
	103	+**AND**
	104	+ claims from frivolous suits."
	105	+
	106	+The counterplan holds police accountable with a centralized police process that ensures individual decision making play less of a role. Takes the perm because qualified immunity because that holds individual police officers accountable, which tanks the counterplan.
	107	+Willis et al 03, James, Stephen D. Mastrofski, David Weisburd. "COMPSTAT IN PRACTICE: AN IN-DEPTH ANALYSIS OF THREE CITIES", Police Foundation, pg 21-22. https://www.policefoundation.org/publication/compstat-in-practice-an-in-depth-analysis-of-three-cities/
	108	+More importantly, in the absence
	109	+**AND**
	110	+I think of accountability."
	111	+
	112	+
	113	+==Case ==
	114	+
	115	+
	116	+===Solvency ===
	117	+
	118	+
	119	+====Liability doesn't affect police conduct- empirically proven====
	120	+Schwartz 14** ~~Joanna C. Schwartz, ~~Assistant Professor of Law, UCLA School of Law~~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~~**
	121	+**Studies have found that "the prospect of **civil liability has a deterrent effect in
	122	+AND
	123	+**is currently not influenced to any substantial extent by the threat of litigation. **
	124	+
	125	+
	126	+====Indemnification is the root cause— even if police weren't immune, they still wouldn't have to pay legal fees. ====
	127	+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)~~**
	128	+**The Court specifically fears that financial liability, in the form of paying compensatory damages **
	129	+**AND**
	130	+does not** actually **alter** most **officers'** **on-the-job actions**.101 **
	131	+
	132	+
	133	+====Most section 1983 claims get thrown out of court anyway—there's no stated compensable claim for relief in the majority of cases.====
	134	+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~~**
	135	+**National resources are obviously scarce, yet **increasing numbers of section 1983 actions are being
	136	+AND
	137	+**an important safety measure for both the courts and defendants facing suit. \**
	138	+
	139	+
	140	+====Police departments rarely look into info surrounding suits. No solvency====
	141	+Schwartz
	142	+Schwartz, Joanna "Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement Decisionmaking." UCLA Law Review 57 (2010):
	143	+,,This Article challenges the assumption of informed decisionmaking by exploring the ways in which information ,,
	144	+,,AND,,
	145	+data collection combine to undermine departments' limited efforts to gather this information.23
	146	+
	147	+
	148	+====Juries love cops, so it's more likely that they won't deliver a guilty verdict. Ruse of solvency. Patton 92====
	149	+Patton, Alison "Endless Cycle of Abuse: Why 42 USC 1983 Is Ineffective in Deterring Police Brutality, The." (1992):
	150	+Even in the face of seemingly indisputable evidence, such as a videotape, an
	151	+AND
	152	+obstacles to convince a typical jury that a police officer used excessive force.
	153	+
	154	+
	155	+====Police departments rarely look into info surrounding suits. No solvency====
	156	+Schwartz
	157	+Schwartz, Joanna "Myths and Mechanics of Deterrence: The Role of Lawsuits in Law Enforcement Decisionmaking." UCLA Law Review 57 (2010):
	158	+,,This Article challenges the assumption of informed decisionmaking by exploring the ways in which information ,,
	159	+,,AND,,
	160	+data collection combine to undermine departments' limited efforts to gather this information.23
	161	+
	162	+
	163	+===AT De Stefan 16 ===
	164	+
	165	+
	166	+====Most Americans are already confident in the police system despite events like Ferguson. The African-Americans who don't trust the system have already been so long disenfranchised that the aff is too little too late. ====
	167	+**Jones 15** ~~ Jeffrey M. Jones, "In U.S., Confidence in Police Lowest in 22 Years," Gallup, June 19, 2015, http://www.gallup.com/poll/183704/confidence-police-lowest-years.aspx~~ JW
	168	+While a majority of Americans remain confident in the police, 52 currently express
	169	+AND
	170	+blacks' trust, given the long history of tension between blacks and police.

EntryDate

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	1	+2016-11-09 23:38:38.844

Judge

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	1	+Dan Miyamoto

Opponent

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	1	+Harvard-Westlake JaNa

ParentRound

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	1	+20

Round

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	1	+6

Team

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	1	+West Ranch Won Neg

Title

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	1	+NOVDEC - Damus R6 NC

Tournament

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	1	+Damus