"i could have calibrated those words differently"...obama...who talks like that?

by oompa 47 Replies latest jw friends

• 

  purplesofa

  http://www.time.com/time/printout/0,8816,1912777,00.html Saturday, Jul. 25, 2009

  The Gates Case: When Disorderly Conduct is a Cop's Judgment Call

  By Bonnie Rochman

  Jon Shane, who spent 17 years as a police officer in hardscrabble Newark, N.J., said that had he been the cop called to Gates' house, he would have left Gates and his huffy comments alone once he was sure Gates was the homeowner. He admits he may well have been offended by the professor's alleged bluster, but that's just part of the job, so much so that there's a term in police vernacular devoted to situations like this: contempt of cop.

  edited: to add more of the article

  "In contempt of court, you get loud and abusive in a courtroom, and it's against the law," says Shane, now a professor of criminal justice at John Jay who specializes in police policy and practice. "With contempt of cop, you get loud and nasty and show scorn for a law enforcement officer, but a police officer can't go out and lock you up for disorderly conduct because you were disrespectful toward them." The First Amendment allows you to say pretty much anything to the police. "You could tell them to go f--k themselves," says Shane, "and that's fine."

  Like Shane, there are plenty of cops and ex-cops who think Gates' behavior didn't warrant the disorderly conduct charge, and there are those, like Nolan, who feel it did.
• 

  purplesofa

  testing
• 

  SixofNine

  This should send a message that it's time we start showing proper respect again for the men and women that serve in this capacity.

  so you believe that police should be allowed to arrest people w/o valid charges? For "contempt of cop"? What if the cop is doing something you don't and can't "respect"? You seem to be saying that cops should be able to arrest you if you talk back to them. Is that your position? because if so, that's a pretty radical proposition.
• 

  journey-on

  Purps.....you have a PM.
• 

  SixofNine

  any unnecessary arrest, is stupid.

  That's got to be the dumbest thing ever said in the history of people saying things.

  I'd love to hear you expound on the subject of "Police: unecessary arrest, why it's the smart thing to do".
• 

  SixofNine
• 

  BizzyBee

  The police officer was acting within his authority to make the arrest based on the definition of disorderly conduct. A black officer who was present said he, too, would have made the arrest under the circumstances:

  Examples of Disorderly Conduct

  Disorderly conduct offenses vary widely by state. Here are some of the most common acts that are considered disorderly conduct offenses:

  • Public drunkenness
  • Inciting a riot
  • disturbance of the peace
  • loitering in certain areas
  • fighting / physical altercations
  • obstructing traffic
  • use of extremely obscene or abusive language
  • loud or unreasonable noise

  Given the wide range of behaviors that could constitute disorderly conduct, a person may be arrested for this crime without proper cause. Virtually any socially offensive or disruptive conduct may be prosecuted as disorderly conduct.

  Disorderly conduct charges might be dropped after an arrest or may be prosecuted as misdemeanors. In some more serious cases, disorderly conduct can be prosecuted as a felony, which may result in significant jail time.

  A first-time offender's disorderly conduct sentence is typically very light. This sentence may be even be suspended if certain conditions are met.
• 

  SixofNine

  From the article purps posted:

  "In contempt of court, you get loud and abusive in a courtroom, and it's against the law," says Shane, now a professor of criminal justice at John Jay who specializes in police policy and practice. "With contempt of cop, you get loud and nasty and show scorn for a law enforcement officer, but a police officer can't go out and lock you up for disorderly conduct because you were disrespectful toward them." The First Amendment allows you to say pretty much anything to the police. "You could tell them to go f--k themselves," says Shane, "and that's fine."
• 

  VIII

  http://www.chicagotribune.com/news/chi-gates-policejul25,0,3430910.story

  Henry Louis Gates case: Should yelling at a cop be a crime?

  Disorderly conduct charge gives police a lot of power

  WASHINGTON -- For some defense lawyers, the arrest of Harvard University professor Henry Louis Gates Jr. was less about racial profiling than about how people can be arrested simply for speaking angry words to a police officer.

  The laws against "disorderly conduct" give the police wide power to arrest people who are said to be disturbing the peace or disrupting a neighborhood. In Massachusetts and elsewhere, the courts have said the "disorderly acts or language" must take place in public where others can be disturbed.

  It is probably not a crime of disorderly conduct for a homeowner, standing in his kitchen, to speak abusively to a police officer.
  
  According to his police report, Sgt. James Crowley said the professor was "yelling very loud" and "accusing me of being a racist."

  "You might think that in the United States, you have a right to state an opinion, even an offensive opinion. But prosecutors like to say you don't have a right to mouth off to the police," said Samuel Goldberg, a Boston criminal defense lawyer.

  "Gates was saying, 'You are hassling me because I'm black.' I understand how that's offensive to a police officer," Goldberg said. "It's astounding to me to call it criminal."
  
  Matt Cameron, a criminal defense lawyer in East Boston, said the state's law against "disorderly conduct" dates to the 1600s.
  
  "It's a handy tool for the police because it is so broad and confusing," he said.
  
  Police can arrest people, even in their own homes, for accosting them, interfering with an investigation or resisting a lawful arrest.
  
  But Gates was not accused of interfering with an investigation.
  
  "I would say it is not constitutional to arrest someone in his home just for being loud and abusive to a police officer," said Boston University law professor Tracey Maclin.
  
  Lawyers who looked at the reported details of the incident say both men could have avoided a confrontation. Crowley, after learning that Gates was the homeowner and not an intruder, could have left and ignored the abuse.
  
  For his part, Gates continued to loudly berate Crowley as he was leaving the house, according to police.

  ___________________________________________________________________________________________________________________

  Yelling at cops never seems like a good idea.

  The key sentence, which seems to be the one even Obama concedes:

  "Lawyers who looked at the reported details of the incident say both men could have avoided a confrontation. Crowley, after learning that Gates was the homeowner and not an intruder, could have left and ignored the abuse."

  Every country has crime. Every country has issues with cops and citizens, even when they are all the same color.

  Until we are in the New System and Perfect, this kind of stuff is going to happen.
  
  
• 

  BizzyBee

  "Police: unecessary arrest, why it's the smart thing to do".

  Oh. Well, the problem is the word "unnecessary." At the time it seemed necessary and perhaps was necessary to impose some control over a situation that was getting out of control. That was the officer's judgment. To call it "unnecessary" after the fact is Monday morning quarterbacking, especially if you weren't there.

  That's why these types of charges are often dropped later; they have served their immediate purpose.