Tournament: Glenbrooks | Round: 2 | Opponent: Neenah MA | Judge: Jeff Joseph
PLAN: The USG will limit qualified immunity by altering the ‘clearly established’ element of qualified immunity
DoJ can make them have consent decree
Domanick
Joe Domanick is associate director of the Center on Media, Crime and Justice at John Jay and West Coast Bureau Chief of The Crime Report.
http://thecrimereport.org/2014/07/15/2014-07-police-reforms-best-tool-a-federal-consent-decree/
Since the law came into effect 20 years ago...Seattle, Albuquerque, NM and Newark, NJ.
Part 1 – Framework
I value morality
Moral law is centered on agents of morality therefore no justification can be valid if it allows for degrading conditions.
James Rachels 86’, American philosopher who specialized in ethics and animal rights, Kantian Theory: The Idea of Human Dignity The Elements of Moral Philosophy, pp. 114-17,122-23., http://public.callutheran.edu/~chenxi/phil345_022.pdf
Second, and even more important, humans...not comparable to the value of anything else.
Thus the criterion is respecting human worth.
ROB – vote for the debater that best supports a method of liberation.
Part 2 – WAR CITY
Qualified immunity justifies terrorizing black neighborhoods. Essentially, police know can get away with anything, and are aware of that. We have to remember; police have to listen to the Federal Government.
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
Over recent decades, the doctrine has been stretched...response to the growth of working class opposition.
Qualified immunity’s focus on technicalities DISGUISES institutional racism and makes civil rights litigation about INDIVIDUAL CASES instead of structural problems and encourages acceptance of the status quo—we have to break down the illusion that our CJS allows for redress
Hassel
Diana Hassel 99, Associate Professor, Roger Williams University School of Law, “Living a Lie: The Cost of Qualified Immunity,” Missouri Law Review Vol. 64, 1999.
The problem with qualified immunity is...should be protected and how.
The vagueness of what is reasonability confuses officers to not know the bright line of excessive force. Think of 4th amendment violations, this allows for police officers to be violent (and protected) in their dealings with the public.
Alpert and Smith ’94:
Alpert and Smith, 1994 ( Geoffrey P. Alpert William C. Smith. Professors at University of South Carolina. How Reasonable Is the Reasonable Man: Police and Excessive Force. Journal of Criminal Law and Criminology Volume 85 Issue 2 Fall. http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6818andcontext=jclc)
The Commission Report discussed the need for scrutiny...review these reports at all.
Part 3 – Solvency
Current QI doctrine and the "clearly established" prong means officers are protected when they fail to act in responding to domestic violence cases. 4th amendment violations due to excessive force.
Wright ‘15
Sam Wright is a public interest lawyer who has spent his career exclusively in nonprofits and government. “Want to Fight Police Misconduct? Reform Qualified Immunity.” Above the Law. November 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 JJN
As usual, I’ve not buried...been clearly established in the courts?
The plan fosters cooperation, which operates as a key check against police departments.
Stefan ‘16
Lindsey de Stefan - J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey. ““No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct.” The date is claimed to be 2017… but that’s impossible. So it says it has had 360 downloads since July 26, 2016 which is when the article is most likely to have been assumed to be released on the website. Stetan Hall Law. http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student_scholarship JJN
VI. Amending Qualified...citizen police relationship.
The plan solves by eliminating uncertainty about what is "clearly established" by publishing opinions that clarify QI for police officers and also beginning to hear cases challenging immunity granted by lower courts. This is key to increasing accountability and serves as an immediate starting point for future reforms
Oliver 15
Oliver, Wesley. "Prohibition’s Lingering Shadow: Under-Regulation of Official Uses of Force." Http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=4165andcontext=mlr. 2015.
Unnecessary police killings may be deterred...most investigative techniques
Underview
Beyond the plan-text, our aff forces a confrontation with invisibilized colonialism and the rhetorical strategies that prop up system of domination.
If the AC is a criticism of Western Thought, and there’s a Western Construct brought up, that means that the criticism of this construct is not inconsistent with the AFF (i.e. I do that, and I am the prerequisite). Even if race is key to my opponent’s argument, it’s not a reason why the AFF is bad.