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...what constitutes disorderly conduct is left up to the discretion of individual officers. "It's probably the most abused statute in America," says Eugene O'Donnell, a professor of law and police studies at John Jay College of Criminal Justice in New York City. (See TIME's top 10 crime stories...

Author: /time Magazine | Title: The Gates Case: When Disorderly Conduct Is a Cop's Judgment Call | 7/25/2009 | See Source »

...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...

Author: /time Magazine | Title: The Gates Case: When Disorderly Conduct Is a Cop's Judgment Call | 7/25/2009 | See Source »

...There is no crime described in Crowley's official version of the way Gates behaved. Crowley says explicitly that he arrested Gates for yelling. Nothing else, not a single threatening movement, just yelling. On the steps of his own home. Yelling is not a crime. Yelling does not meet the definition of disorderly conduct in Massachusetts. Not a single shouted word or action that Crowley has attributed to Gates amounts to disorderly conduct. That is why the charges had to be dropped. (Read "Gates' Disorderly Conduct: The Police's Judgment Call...

Author: /time Magazine | Title: Viewpoint: The Stupidity of the Gates Arrest | 7/25/2009 | See Source »

...Unless you confess to a crime or threaten to commit a crime, there is nothing you can say to a cop that makes it legal for him to arrest you. You can tell him he is stupid, you can tell him he is ugly, you can call him racist, you can say anything you might feel like saying about his mother. He has taken an oath to listen to all of that and ignore it. That is the real teachable moment here: cops are paid to be professionals, but even the best of them are human and can make stupid...

Author: /time Magazine | Title: Viewpoint: The Stupidity of the Gates Arrest | 7/25/2009 | See Source »

...several signs that the balance of power in the Administration had shifted against the Vice President. Fielding reviewed the Libby case before the appellate verdict came down and recommended against a presidential pardon. Cheney's longtime aide hadn't met the criteria: accepting responsibility for the crime, doing time and demonstrating remorse. "Pardons tend to be for the repentant," says a senior Administration official familiar with the 2007 pardon review, "not for those who think the system was politicized or they were unfairly targeted...

Author: /time Magazine | Title: Inside Bush and Cheney's Final Days | 7/24/2009 | See Source »

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