Word: conducted
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...because you have no other tool at your disposal," he says of disorderly conduct. "There really isn't any other choice...
...Disorderly conduct has its roots in the mid-19th century, when police officers needed a way to quell street brawls that erupted frequently between recent immigrants and already established residents, often regarding labor issues. Crowds would gather and cops needed to restore order in public places. According to the Cambridge police report, Gates exhibited "loud and tumultuous behavior, in a public place" that "caused citizens passing by this location to stop and take notice while appearing surprised and alarmed...
...Disorderly conduct is a fluid concept," says Tom Nolan, a criminal justice professor at Boston University who spent 27 years in uniform at the Boston Police Department. "Unlike a lot of other crimes, this really calls for the use of discretion in a way that armed robbery or more serious felony crime doesn't. The less serious a crime, the more officer discretion you use," he says, adding "discretion is judgment that we hope is based on wisdom, experience and training...
...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___ 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...