Tournament: Glenbrooks | Round: 1 | Opponent: Lake Highland Prep AA | Judge: Akhil Gandra
I value retributive justice.
Stanford encyclopedia of philosophy '14
( "Retributive Justice" Published Jun. 18th 2014. http://plato.stanford.edu/entries/justice-retributive/)
The concept of retributive justice...contested and problematic.
In order to uphold retributive justice, the criterion is upholding accountability.
Inherency
Supreme Court has created a reasonability standard to determine whether or not qualified immunity is justified. Schott ’16:
Richard G. Schott, J.D., September 2012. "Qualified Immunity: How It Protects Law Enforcement Officers," FBI, https://leb.fbi.gov/2012/september/qualified-immunity-how-it-protects-law-enforcement-officers
Recognizing this dilemma...would have known.”9
QI in cases of the 4th amendment gives officers two standards of reasonability to be acquitted leading to overprotection and skewed results.
Hassel 09, Diana. (Associate Professor, Roger Williams University School of Law) "EXCESSIVE REASONABLENESS." Indiana Law Review 43.117 (2009): 118-42. Web. 24 Oct. 2016. https://mckinneylaw.iu.edu/ilr/pdf/vol43p117.pdf. Premier
Operating on two different fronts, the Court...needlessly¶ complicated decisions.¶
People have different experiences, and thus different perspectives.
Legacy Project:
Every person has...difference to your perspective.
Thus the plan: The United States Supreme Court defines reasonability as any action necessary to ensure the safety of citizens when there is an immediate danger.
Adv. 1: Police Accountability
Qualified immunity currently protects bad cops. Carter ’15:
Tom Carter, 11-12-2015, "US Supreme Court expands immunity for killer cops," No Publication, https://www.wsws.org/en/articles/2015/11/12/pers-n12.html
In March of 2010, Texas Department...asphyxiations, beatings and taserings.
Qualified immunity allows for abuse in the justice system. The only solution is to give civilians a fair chance in the court. Wright ’15:
Sam Wright, 10-31-2016, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/
In order to truly hold police...push to make it happen.
Adv. 2: Better Policing
Lawsuits allow for police departments to create better policies. Schwartz ‘10
Schwartz '10 (Joanna C. Schwartz. Acting Professor of Law, UCLA School of Law. "WHAT POLICE LEARN FROM LAWSUITS" 33 CARDOZO L. REV. (2010). http://law.stanford.edu/wp-content/uploads/sites/default/files/event/265497/media/slspublic/What_Police_Learn_From_Lawsuits.pdf )
For these departments,...internal reporting systems
Aff would be a crucial step in repairing relationships with police
De Stefan 17
De Stefan, Lindsey, (J.D. Candidate, 2017, 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" (2017). Law School Student Scholarship. Paper 850. Premier
By beginning to mending the...trust that is so crucial.
Adv. 3: Reduces Violence
The vagueness of reasonableness allows for police officers to not know the bright line of excessive force. This allows for police officers to be violent 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...reports at all.
Limiting qualified immunity causes police to learn about the law, which leads to better policing and training. This guarantees safety of the community and reduces violence. Deidrich ‘8:
Diedrich '08 (Dawn M. Diedrich, Deputy Director of Legal Services and Special Agent, Georgia Bureau of Investigation, Decatur, Georgia. "Rigid Order of Battle': A Police Training Perspective on the Qualified Immunity Analysis" http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_archandarticle_id=1551andissue_id=72008)
In 2001, the Supreme Court...constitutional rights of individuals.
Better training has reduces police violence overall. Klinger, '12
(David A. Klinger. Professor at Saint Louis University School of Law. POLICE TRAINING AS AN INSTRUMENT OF ACCOUNTABILITY. http://connection.ebscohost.com/c/articles/86247519/police-training-as-instrument-accountability)
The matter of how to hold police...legitimate police objective.