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+Interpretation: Affirmatives that defend supreme court action must specify the test case used. |
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+=2-off: DA = |
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+====A. Link—aff solvency is reliant on more litigation against police officers. Either the aff has no solvency or they link to this DA. Increased litigation concerning police misconduct drains city budgets.==== |
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+Elinson and Frosch 15** ~~Zusha Elinson and Dan Frosch, Cost of Police-Misconduct Cases Soars in Big U.S. Cities, WSJ, 7-15-2015~~** |
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+For most** of the **police departments** surveyed by the Journal, **the costliest claims were |
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+AND |
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+**money into that fund to pay for the lawsuits has really been challenging."** |
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+ |
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+ |
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+====B. Impact: Municipal financial struggles are the root cause of overpolicing==== |
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+Graeber 15 **~~David Graeber (London School of Economics, the author of Debt: The First 5,000 Years, Towards an Anthropological Theory of Value, Lost People: Magic and the Legacy of Slavery in Madagascar, Fragments of an Anarchist Anthropology, Possibilities: Essays on Hierarchy, Rebellion, and Desire, and Direct Action: An Ethnography, "Ferguson and the Criminalization of American Life," Gawker 3/19/2015~~** |
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+**The Department of Justice's investigation of the Ferguson Police Department has scandalized the nation, ** |
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+**AND** |
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+collected in fines** **corresponds** almost exactly **to** that shelled out to service **municipal debt |
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+ |
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+ |
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+====This overpolicing disproportionately harms African-Americans==== |
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+Natapoff 15** ~~Alexandra Natapoff, PhD, "The Cost of "Quality of Life" Policing," Washington Post, November 11, 2015~~** |
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+**These **wrongful convictions are** largely **byproducts of** "order maintenance" or **"quality- |
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+AND |
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+**, such as loitering, trespassing, disorderly conduct, or resisting arrest.** |
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+ |
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+ |
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+=3-off: CP = |
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+ |
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+ |
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+====Counterplan Text: The United States Federal government shall introduce CompStat technology into police departments and use it to track police misconduct. ==== |
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+ |
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+ |
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+ |
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+====This stops misconduct and holds people accountable ==== |
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+ Hennelly 15, Robert, 2015 |
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+"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/ |
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+"There's just no |
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+ "There's just no effort to track nationally the allegations of police misconduct that |
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+AND |
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+and obtain evidence that helps us to separate legitimate claims from frivolous suits." |
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+ |
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+ |
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+====Statistically this decreases crime and holds police officers accountable ==== |
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+Chettiar 15, Inimai M. , 2015 Chettiar is the director of the Justice Program at New York University Law School's Brennan Center. "More Police, Managed More Effectively, Really Can Reduce Crime" |
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+Can simply adding more police officers to the streets, or changing the ways in |
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+AND |
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+the other factors that combined to produce the historic drop in crime rates. |
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+ |
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+ |
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+====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. ==== |
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+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/ |
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+More importantly, in the absence of other structures, our observations showed that line |
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+AND |
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+I don't think of increases in street arrests, I think of accountability." |
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+ |
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+ |
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+=Case Answers = |
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+ |
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+ |
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+=== Plan Flaws=== |
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+ |
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+ |
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+==== "Supreme Court" can also mean supreme courts of states. Not specifying "of the US" means it's unclear who you're referring to==== |
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+**US Legal** ~~US Legal, "State Supreme Courts," https://system.uslegal.com/state-supreme-courts/~~ JW |
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+The state supreme court is the highest state court in the U.S. state court system. The state supreme courts are known by various names in the states. State supreme courts primary responsibility consists of correcting the errors of the inferior state courts. It exclusively hears appeals on legal issues from inferior state courts. Since it does not make any finding of facts, it holds no trials. In rare instances where the state supreme court finds that a trial court made any egregious error in its finding of facts, the state supreme court shall remand such case before it to the trial court for a fresh trial. State supreme courts have a panel of judges appointed as per rules outlined by each state constitution. State supreme court's interpretation of any state law is generally final and binding to both state and federal courts. Federal courts may overrule a state supreme court decision only when there is a federal question which springs up a federal jurisdiction. An appeal from any state supreme court decision concerning matters of federal jurisdiction shall directly lie to the supreme court of the U.S. State supreme courts exercise both mandatory and discretionary review of appeals from trial courts. |
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+Vote on plan flaw: |
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+ |
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+ |
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+====1. Jurisdiction: you have to vote on an aff that defends the right actor that makes sense. It's like saying "turtles should limit qualified immunity," meaning you're not actually affirming==== |
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+ |
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+ |
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+====2. Not specifying means you can shift between various Supreme Courts and where you implement the plan ==== |
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+ |
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+ |
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+====3. Vagueness: kills legal edu benefits and solvency ==== |
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+ |
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+ |
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+===AT Shapiro Spike === |
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+1. Not all your evidence is specific to excessive force either |
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+2. the neg should be able to read generic evidence even if it's not specific to excessive force |
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+a) Strat skew: I had no way of predicting the aff until pairings and I can't recut a whole new case neg in 1 hour |
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+b) Ground: losing generics means that I'm denied core neg ground like DA's and CP's and I need those generics to have a chance in the round especially if the aff is spec. Also the ground is awful on excessive force: people generally think that excessive force is bad and I'm not going to impact turn it |
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+Theory outweighs substance: it's a question of procedure which means an argument must be fair before you evaluate it otherwise the debate isn't a proper measure of who's the better debater |
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+ |
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+ |
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+===Solvency === |
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+ |
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+ |
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+====1. Terminal defense on solvency- police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions. ==== |
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+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)~~ |
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+The Court specifically fears that financial liability, in the form of paying compensatory damages |
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+AND |
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+does not actually alter most officers' on-the-job actions.101 |
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+ |
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+ |
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+====2. Turn- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity, empirics prove. ==== |
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+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~~ |
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+As another possible response to a world without official immunity, the Supreme Court might |
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+AND |
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+reasonable person could think a search reasonable, it is not unreasonable.56 |
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+ |
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+ |
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+====3. **Litigation is high now- limiting qualified immunity explodes the amount of cases, chilling police officers and increasing crime. ====** |
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+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 |
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+This effect dovetails with a growing tendency toward "depolicing" that has become prevalent |
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+AND |
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+delicate balance society seeks between forcefully fighting crime and respectfully treating all citizens. |
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+ |
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+ |
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+====5. Terminal defense—liability doesn't affect police conduct- empirically proven==== |
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+Schwartz 14** ~~Joanna C. Schwartz, ~~Assistant Professor of Law, UCLA School of Law~~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~~** |
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+**Studies have found that "the prospect of **civil liability has a deterrent effect in |
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+AND |
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+**is currently not influenced to any substantial extent by the threat of litigation. ** |