CBI PRO CASE.docx - CBI PRO CASE(My Partner and I affirm Resolved In United States Public K-12 schools the probable cause standard ought to apply to

CBI PRO CASE.docx - CBI PRO CASE(My Partner and I affirm...

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CBI PRO CASE (My Partner) and I affirm, Resolved: In United States Public K-12 schools, the probable cause standard ought to apply to searches of students.
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Contention 1: Building Trust A) Distrust Reasonable suspicion creates a negative sense of mistrust between school officials and students. Crespo , Andrew M. "Policing Students." Harvard Law Review Policing Students Comments. Harvard Law Review, 10 Apr. 2015 . Web. 08 July 2016. The balance of interests should incorporate society’s interest “in the development of future citizens” by having it diminish the government’s interest in searching students. There is reason to believe that heavily policed and searched students , from communities with significant distrust of law enforcement, are socialized negatively to distrust governmental authority. While Professor Sarah Jane Forman has proposed that the incorporation of society’s interest in future citizens take the form of weighing a distinct “development interest,” such a formulation seems unlikely to be adopted because it is supported by little legal authority. Though the Court has , in certain instances, broadened its consideration of the privacy interests at stake, it has yet to add a separate, third interest to the balancing equation. This idea could be conceptualized as adding weight to the privacy interest instead, but incorporating a search’s impact on a student’s perception of their place in democratic society requires a change of much broader scope than incorporating the law enforcement purpose or the impact of the search. Forman furthers this notion in 2011 based on the findings of Forman, Sarah J. "COUNTERING CRIMINALIZATION: TOWARD A YOUTH DEVELOPMENT APPROACH TO SCHOOL SEARCHES." The Scholar, 2011. Web. 08 July 2016. What kind of message is conveyed when students are subjected to pats, frisks, sniffs, and searches on a regular basis? Children, particularly adolescents , who are subjected to these searches under the very low bar of reasonable suspicion, may feel that the law is unfair and question its legitimacy because they have been treated with distrust and disrespect by adults in positions of authority . 20 Even if they do not understand the vagaries of reasonable suspicion and how it differs from probable cause, young people can appreciate basic concepts of fairness , dignity and respect. 21 Repeated experiences with legal actors who seem to abuse their authority contribute s to a sense of humiliation, rejection, and alienation that eventually lead s students to seek acceptance and recognition in other, less “mainstream” venues . 22 The constant suspicion with which students are regarded under the current paradigm pushes them into a defensive posture that hinders their ability to become active and engaged citizens of their community and nation.
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