Tournament: Damus | Round: 2 | Opponent: Rowland Hall-St Marks KO | Judge: Dan Miyamoto
Structural violence is based in moral exclusion; it allows one group to become invisible.
Winter and Leighton 99 Deborah DuNann Winter and Dana C. Leighton. Winter is a professor of psychology at Whitman College. Leighton is an assistant professor of psychology at Southern Arkansas University. “Peace, conflict, and violence: Peace psychology in the 21st century.” Page 4-5
Thus, the standard is decreasing structural violence.
Prefer since this is a constraint on all theories; if a theory excludes others, then their starting point is flawed. Their analysis of the world will be inaccurate, and if the first premise is flawed, then the conclusion can’t be true.
GUENTHER 12 Lisa Guenther, The Living Death of Solitary Confinement, The Opinion Pages, The Stone, NYT, Aug 26, 2012
Reinhardt 2015 in Michigan Law Review: Qualified Immunity amplifies racial discrimination in the criminal justice system—the law must be used to safeguard minority rights. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
Qualified immunity reflects a culture of policing that justifies terrorizing minority neighborhoods and lets police know they can get away with anything. Carter ‘15
Tom Carter – WSWS Legal Correspondent, a lawyer (https://www.wsws.org/en/articles/2014/02/24/cart-f24.html). “US Supreme Court Expands Immunity for Killer Cops.” Center for Research on Globalization. November 12, 2015. http://www.globalresearch.ca/us-supreme-court-expands-immunity-for-killer-cops/5488366 JJN
Public perception of the judicial system is at an all time low—its treatment of racial minorities is the cause. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
Robinson 11, Public Law and Legal Theory, suggests that Legal legitimacy is key to compliance with the law and maintaining order—turns back ethics based NCs. Robinson 11,
Robinson 11 (Paul, ) “Mercy, Crime Control and Moral Credibility” Public Law and Legal Theory Research Paper Series Research Paper No. #10-32
Secretary General of the UN, Legal legitimacy is key to promote peace and prevents future conflict.
Ban, 04, Secretary General of the UN Ki-Moon, “The rule of law and transitional justice in conflict and post-conflict societies”, UN Security Council, August 23, S/2004/616,
National Coalition against Domestic Violence
American Civil Liberties Union, 2015, Police departments fail to investigate domestic violence – DOJ investigations prove. ACLU 12/15
American Civil Liberties Union. 12/15/15 For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. With more than a million members, activists, and supporters, the ACLU is a nationwide organization that fights tirelessly in all 50 states, Puerto Rico, and Washington, D.C. to safeguard everyone’s rights. It is a non partisan group. “POLICE DEPARTMENTS ASKED TO EXAMINE GENDER-BIAS AND VICTIM TREATMENT” ACLU Accessed 11/12/16 https://www.aclu.org/news/doj-issues-new-guidance-police-domestic-violence-and-sexual-assault-cases | AM I do not endorse the gendered language in this card, nor that domestic violence only affects women or those in heterosexual relationships.
Schtelmakher, civil litigation New York states
The USFG should amend qualified immunity. Should not allow police officers protection when they create danger to domestic violence victims through actions or an act of omission. Shtelmakher 10 explains:
Qualified immunity is a key obstacle in fighting domestic violence. Shtelmakher 10
Michael Dean, Oakland County attorney, The best way to solve domestic violence is to limit qualified immunity for police officers for domestic violence.
Dean ‘98 Michael Dean. April 8, 1998 Dean has been an attorney, counselor and businessman in Southeast Oakland County since 1981. Attorney Michael Dean graduated from Albion College, cum laude, with a degree in Economics and Professional Management. Michael Dean worked in the family business while attending the University of Detroit Law School. “THE FAILURE OF LAW ENFORCEMENT TO ENFORCE THE LAW” Michael Dean Accessed 11/4/16 “http:mdean.tripod.com/immunity.html” | AM
TEXT: ACTOR UNKNOWN ought to change the doctrinal formula for qualified immunity replacing the ‘clearly established standard’ and the ‘reasonableness standard’ with a ‘clearly unconstitutional standard for police officers.
to limit Qualified Immunity. Currently Qualified Immunity applies two tests and by eliminating these two tests, we achieve all of the benefits of Qualified Immunity without any of the harms.
Michigan Law Review, 2015
Today, courts no longer even raise the question of if a constitutional violation occurred. That creates a system of continued rights violations. Aff can solve this by asking the test question on whether conduct was clearly unconstitutional.
Reinhardt ‘15
