забавный инциндентик.

Jul 24, 2009 11:34

Профессор - уродец, конечно. Но аресты в целях воспитания таки или стьюпость или гадость и вроде бы чтоб это заключить не надо слишком много фактов. Тем более "всех".

http://newsandwx.com/?p=585
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PS.

- ну я бы не стал так щедро "уродцами" разбрасываться; ситуация дурацкая, нервная, сломавшийся замок не только профессора может из равновесия вывести.

- Уродец даже (вовсе) не потому, что с вечера истерил на "белое полицейское быдло", а потому что потом (с утра) трактует это как исключительно расовый кэйз. Вот если бы сперва упирал на то что арестовывать надо только те кто опасен или может сбежать, а расовое добавлял сбоку, тогда бы.
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http://rashmanly.wordpress.com/2009/07/24/obama-knows-police-officers-job-better-than-they-do-barack-is-also-wiser-than-your-doctor/
http://www.talkleft.com/story/2009/7/24/101535/277

доклад полицейского сержанта, из которого я заключаю, что если он не сама мать Тереза, то ее внебрачный внук.
http://www.bluemassgroup.com/upload/david/gates_incident_report_redacted.pdfп

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Анализ бывшего полицейского:п
From my own experience and what I have learned about the incident, I highly doubt that I would have ordered the arrest of Professor Gates for any charge. I do, however, think that based on his actions as alleged by Sergeant Crowley, his arrest was somewhat plausible within the universe of possible outcomes to the incident. That still does not mean that the cops in question weren’t acting “stupidly,” as President Obama suggested. It is possible to do a lawful thing that is stupid, and that is why officers have discretion in many cases. While it can be misused, discretion is there to prevent them from stupidly enforcing the letter of the law. That the arrest was unwise and imprudent has also been made clear by how quickly the charges were dropped and the apologies issued by the government of Cambridge.
http://crookedtimber.org/2009/07/23/police-discretion-a-different-perspective/

=======Аналогичный прецендент из суда===http://altlaw.org/v1/cases/446391
Thus, while police, no less than anyone else, may resent having obscene words and gestures directed at them, they may not exercise the awesome power at their disposal to punish individuals for conduct that is not merely lawful, but protected by the First Amendment.
17

Inarticulate and crude as Duran's conduct may have been, it represented an expression of disapproval toward a police officer with whom he had just had a run-in. As such, it fell squarely within the protective umbrella of the First Amendment and any action to punish or deter such speech--such as stopping or hassling the speaker--is categorically prohibited by the Constitution. Aguilar admits that he stopped Duran because he made an obscene gesture and yelled profanities toward him. Aguilar Depo. at 85-86. Because Aguilar might have detained Duran in retaliation for engaging in this protected speech and conduct, summary judgment in favor of Aguilar would have been inappropriate.

==== Важное замечаиние из чата "Дель Позо" ====

After he’s satisfied as to Gates’ identity, he invites Gates outside. “I told Gates that I was leaving the residence and that if he had any other questions regarding the matter, I would speak to him outside of the residence.” Then, after Gates steps outside the door, he turns around and arrests him for the same behavior outside as he was exhibiting inside, because outside there’s a semi-plausible argument that Gates’ behavior is disorderly, and inside, in private, disorderly conduct is impossible.

It is this that I can’t get over. This looks to me to be pretty conclusive proof that the officer knew what he was doing, and intentionally invited Gates outside with the intention of arresting him once he got there on a pretextual charge of disorderly conduct. I do not consider it possible to engage in this sort of behavior and count as a worthwhile police officer. At the very least, in this particular instance the officer acted to use his authority and his office in the pursuit of spite. It raises questions about whether this officer has ever used this trick in the past on someone with fewer resources than Gates, and what damage that’s done to people’s lives.
==== не менее важное оттуда же==
By announcing that he was leaving, then doing so, he gave Gates a golden opportunity to drop the issue without losing face. At that point, Gates had driven the officer from his property. He had berated him with no adverse consequence. There was no reason to follow him outside; nothing could be accomplished; the incident was over - unless Gates chose to continue it, despite the absence of any ongoing provocation.

My impression was that Gates was not arrested as soon as he stepped outside, but rather he kept on yelling at the officer for a brief time after he (Gates) had followed him outside, and only then was arrested. A trap? Perhaps - but one which the “victim” has to go far out of his way to trip

========ну и напоследок - мир дружба, жвачка ======
http://wbztv.com/local/president.barack.obama.2.1099998.html(спасибо Резонеру)

silyporyadka, amkaamka, nacvopros

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