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+First, the purpose of debate education should be to train youth to challenge oppressive structures, not perpetuate them. Bohmer explains. |
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+Bohmer 91 “Teaching Privileged Students about Gender, Race, and Class Oppression.” Teaching Sociology, Vol. 19, No. 2 (April, 1991) pp. 154-163. |
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+Our strong emphasis ... the sociology curriculum. |
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+US legal action requires creating justice; retributivism is the best ethic of action in legal precedence. Parsley explains in 2011. |
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+Parsley 11 4-28-2011 Rethinking Legal Retribution Stephen Parsley Georgia State University http://scholarworks.gsu.edu/cgi/viewcontent.cgi?article=1097andcontext=philosophy_theses |
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+Michael Moore’s justification ... statute or not.”20 |
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+ |
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+Prefer the criterion- it’s intrinsic to human actions. The Stanford Encyclopedia explains. |
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+SEP 14 Stanford encyclopedia of philosophy '14 ("Retributive Justice" Published Jun. 18th 2014. http://plato.stanford.edu/entries/justice-retributive/) |
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+The concept of ... contested and problematic. |
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+Contention 1 is Accountability- Qualified immunity allows for police officers to justify violence and prevents survivors from receiving justice. Senkel explains. |
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+Senkel 1999 ( Tara. Attorney in New York. Civilians Often Need Protection From the Police: Let's Handcuff Police Brutality 15 N.Y.L. Sch. J. Hum. Rts. 385 (1998-1999). http://heinonline.org/HOL/Page?public=falseandhandle=hein.journals/nylshr15andpage=385andcollection=journals#) |
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+While victims of ... are exigent circumstances.237 |
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+Vague requirements of QI decrease accountability for police officers and creates subjective standards for legal application. Wright explains in 2015. |
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+Wright 15 Sam Wright, "Want to Fight Police Misconduct? Reform Qualified Immunity", Above The Law, Public Interest, 11/03/2015 |
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+In order to ... — will avoid accountability. |
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+ |
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+Limiting qualified immunity is essential to exposing the truths of police wrongdoings and having adequate judicial scrutiny. Bernick explains in 2015. |
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+Bernick 15 Evan Bernick, "To Hold Police Accountable, Don't Give Them Immunity", Foundation for Economic Education, 05/06/2015, https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/ |
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+The sad fact ... on the merits. |
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+Contention 2 is Precedent- Qualified immunity chills legal action against police misconduct. Chen explains in 2015. |
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+Chen 15 (Alan K. Chen is the William M. Beaney Memorial Research Chair and professor of law at the University of Denver Sturm College of Law, where he teaches courses in constitutional law, federal courts, and public interest law. An experienced civil rights litigator and former ACLU staff attorney, Professor Chen continues to do pro bono work in constitutional rights cases.) “Qualified Immunity Liming Access to Justice and Impeding Development of the Law” American Bar Association Vol. 41 No. 1 |
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+A final critique ... and troubling ways. |
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+This ensures rights never get established – paving the way for continuing violations. Carter explains in 2015. |
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+Carter 15 (Tom Carter, World Socialist Website) US Supreme Court expands immunity for killer cops, International Committee of the Fourth International International Committee of the Fourth International 11-12-2015 |
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+ “Qualified immunity” is ... working class opposition. |
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+New rulings are key – they spill over to departmental reforms against police violence. Meltsner explains in 2016. |
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+Michael Meltsner 16 (Michael Meltsner, Matthews Distinguished Professor of Law at Northeastern and the author of The Making of a Civil Rights Lawyer, ) What it would really take to stop the killing, Boston 7-7-2016 |
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+One wonders how ... equally destructive revenge. |
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+Even if unsuccessful, these lawsuits fill gaps in police departments’ reporting requirements, which results in reforms to the use of force. Schwartz explains. |
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+Schwartz 10 (Joanna C. Schwartz. Acting Professor of Law, UCLA School of Law) "WHAT POLICE LEARN FROM LAWSUITS" 33 CARDOZO L. REV. (2010) |
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+For these departments, ... internal reporting systems. |
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+Contention 3 is Reform- Discussion of reformism for qualified immunity is necessary to create tangible policy changes for civil rights law which is directly skewed under qualified immunity |
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+Hassel 99 http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr Winter 1999 Living a Lie: e Cost of Qualified Immunity Diana Hassel professor ... needed policy debate. |
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+Reform is needed to create a stable application of qualified immunity – legal standards advocate for affirmative. Subjective legal standards are always reinstated as racist ones which collapses the order of the public. |
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+Wright 15 Want to Fight Police Misconduct? Reform Qualified Immunity By SAM WRIGHT 26 Comments / Nov 3, 2015 at 2:05 PM http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/ |
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+Instead, police officers ... make it happen. |
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+The state is inevitable- speaking the language of power through policymaking is the only way to create social change in debate. Coverstone 5. |
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+Coverstone 5 Alan Coverstone (masters in communication from Wake Forest, longtime debate coach) “Acting on Activism: Realizing the Vision of Debate with Pro-social Impact” Paper presented at the National Communication Association Annual Conference November 17th 2005 JW 11/18/15 |
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+An important concern ... in America today. |
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+ |
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+Particularism is good—root cause claims and focus on overarching structures ignore application to material injustice. Pappas 16. |
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+Gregory Fernando Pappas 16 Texas AandM University “The Pragmatists’ Approach to Injustice”, The Pluralist Volume 11, Number 1, Spring 2016, BE |
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+The pragmatists’ approach ... not otherwise appreciate.15 |