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Medium 9781574411676

13 For the Jury

Gary M. Lavergne University of North Texas Press PDF

chapter thirteen

For the Jury

“You are the exclusive judges of the facts proved, of the credibility of the witnesses, and of the weight to be given their testimony, but you are bound to receive the law from the Court, which is herein given to you, and be governed thereby.”

—Judge Gerry Meier in her charge to the jury

I

F

rom his arrest on June 29, 1984, to the end of the trial, his wife

Joanie visited Abdelkrim Belachheb about once a week. During that time, he lost approximately thirty pounds and, since he no longer wore a black wig, his real, graying hair grew out on the sides of his bald head.1

In 1984, the 291st Criminal District Court was located in what was then called the Government Center. At the time of the trial,

Judge Meier’s courtroom was located on the “Civil Side” of the 5th floor, which meant it did not have direct access to the jail. Each day of his trial, Belachheb was escorted across the hall and through a stairwell. (Which was why Judge Meier prohibited cameras on the entire floor.) Because of death threats against Belachheb, Judge

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Medium 9781626562691

Introduction Into the Hole

Schenwar, Maya Berrett-Koehler Publishers ePub

“Shit, shit, shit, shit, shit!” I’m crying with my mother over the phone. It’s late evening, December 25, 2012, and Kayla,* my only sister and best friend, has been arrested for the seventh time in the past six years. She’s in jail again—and this time, we’re sort of hoping she’ll stay there. “If she asks,” I tell Mom, “I’m not bailing her out.”

“Well, you know we’re not,” Mom says, her voice low and far away, a weary echo of words uttered in months and years past. “If she’s in there, at least she’ll be safe.”

Jail, we agree, may be the only place that can save Kayla’s life, staving off her burning dependency on heroin. Neither of us acknowledges that regardless of whether Kayla stays clean while incarcerated, sooner or later she’ll be getting out.

“Do we know what she’s in for?” I ask Mom.

“Does it matter?”

I think of Kayla, cuffed and listless, being dragged through the doors of the Cook County Jail, catching the eyes of women she’s known before—in court, on the street, in juvenile detention, in jail, in prison. I wonder whether a part of her is relieved to be back.

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Medium 9781457109737

Chapter 13 Indian Child Welfare Act

General, Conference of Western Attorneys University Press of Colorado ePub

P.572, n.12.      Add the following to line 6 of the footnote after “see”:

In re A.A., 84 Cal. Rptr. 3d 841 (Ct. App. 2008) (discussing various issues with reference to both ICWA and complementary state Indian child-related custody proceeding provisions, including adequate efforts to provide remedial services, the “Indian child exception” established under California statute, and child placement);

P.573, n.14.      Add the following to line 1 of the footnote after “see”:

In re C.C.M., 202 P.3d 971, 976–77 (Wash. Ct. App. 2009) (custody proceeding brought by Indian custodian and his spouse constituted a foster care proceeding since purpose was “to divest [the father] of his legal right to custody”); In re N.B., 199 P.3d 16, 18–19 (Colo. Ct. App. 2007) (citing to, and agreeing with, decisions from other jurisdictions that deem step-parent adoptions “where a child will remain with one biological parent after the adoption” subject to ICWA);

P.574, n.18.      Add the following to line 1 of the footnote after “See”:

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Medium 9781574414325

Appendix C – Law Library Holdings List

Jorge Antonio Renaud The University of North Texas Press ePub

APPENDIX C

Law Library Holdings

Following is a partial listing of the books and manuals that all TDCJ law libraries must offer to remain in compliance with court-ordered stipulations concerning access to courts. Many transfer units and smaller units have mini-law libraries, and they offer less, but most attempt to make up the difference via loan programs with other TDCJ law libraries.

1. Federal Reporter 2d.

2. Federal Reporter 3d w/advance sheets

3. Federal Supplement w/advance sheets

4. Supreme Court Reporter w/interim bound volumes and advance sheets

5. United States Supreme Court Digest

6. South Western Reporter 2d, Texas w/advance sheets

7. Texas Subsequent History Table

8. United States Codes Annotated—Title 18: 19 volumes w/pocket parts; Title 28: 13 volumes w/pocket parts; Title 42: 5 volumes w/pocket parts

9. Vernon’s Texas Statutes and Codes Annotated: 108 volumes w/pocket parts

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Medium 9781574411829

5. Day Reporting Centers

Gail Caputo University of North Texas Press PDF

CHAPTER 5

Day Reporting Centers

BACKGROUND

Day reporting centers are known by various names: Alternative to

Incarceration Programs (ATIs) in New York City, Day Reporting and

Day Resource Centers in Texas, Day/Night Reporting Centers in Utah, as well as Day Centers, Day Treatment, and Day Reporting Programs in other states. The day reporting center (DRC) combines high levels of controls over offenders to meet public safety needs with the intensive delivery of services to address rehabilitation needs. It is a highly structured non-residential program requiring frequent reporting to a specific location (e.g., the center) on a routine and prearranged basis, usually daily or in the evenings, where participants engage in activities such as substance abuse treatment, counseling, educational and vocational training, and employment services.

The day reporting concept originated in England in the 1970s. Day centers, as they were originally termed and now referred to as probation centers, are used primarily as a front-end diversion from incarceration for young, male, property offenders with prior terms of incarceration and employment problems (Mair, 1995). By 1985, there were more than

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Medium 9780253001924

8 The Continuing Need for the Language-Assistance Provisions of the Voting Rights Act

Edited by Daniel McCool Indiana University Press ePub

The bilingual election requirements in the Voting Rights Act (“VRA” or “Act”) are straightforward.1 A permanent provision in the 1965 Act, Section 4(e), requires that Spanish-speaking Puerto Rican voters be provided with voting materials and assistance in their native language.2 The Act’s temporary language-assistance provisions, including Section 203, help millions of non-English-speaking voting-age U.S. citizens overcome language barriers to political participation.3 The requirements apply to four language groups: Alaska Natives; American Indians; Asian Americans; and persons of Spanish heritage and the distinct languages and dialects within those groups.4 Covered jurisdictions must provide written voting materials in the covered language unless it is oral or unwritten, or if it is an Alaska Native or American Indian language that is “historically unwritten.”5 “Voting materials” are defined as “registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots.”6

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Medium 9781902375014

1.4 Certification for construction firms

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 1

Development and implementation of ISO 9000

1.1 Introduction

Formal quality management systems are increasingly recognised worldwide as an essential attribute of any business. The objectives of quality management are to create and sustain management systems that are sound professionally, commercially, operationally and contractually.

In the 1970s, a large number of national standards were developed for quality systems used in the manufacturing, military and nuclear industries. In the late 1980s and early 1990s, formal quality management techniques were applied in many other business sectors including the service industry and professional organisations. The first quality management standards were not drafted for professional services but these still form the basis for all third party assessments in the service industry. The services provided by building professionals such as architects, engineers and quantity surveyors, unlike a product, often cannot be easily set down tangibly. These services and judgements are highly personalised and intangible. Issues change from time to time and very often there is no single way or an absolute answer to a set of problems, which cannot simply be reduced to pre-planned checklists and routines.

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Medium 9781574413175

Epilogue: B. Reflections, Speculations, and Unsolved Mysteries

Bill Neal University of North Texas Press PDF

252

VENGEANCE IS MINE

How skillfully, how masterfully, did McLean, Johnson, Scott, and even Beal Sneed himself when he took the stand, play on those prejudices, those fears of female eroticism, which, unless decisively restrained, threatened their own manhood and honor, those fears that a northern encroachment of modernism was threatening their core values and their way of life. In the end, the only patriotic thing the jurors could do to protect the home of John Beal Sneed, and— even more importantly—to protect their own homes, and to protect the homes of all upright and right-thinking citizens of Texas was to send forth a clear and resounding message that this was not the North; that henceforth free love, promiscuity, female eroticism, lightness in women, easy divorces, as well as lustful libertines, and any other brand of northern modernism would not be tolerated.

Henceforth Texas homes would be protected!

Because . . . well, after all, because this was Texas.

In the end, it seems more than probable that the jurors, at least the jurors in the second Fort Worth murder trial, didn’t really believe that Lena was insane, didn’t really buy into that “moral insanity” charade. But they were willing to give Beal Sneed a pass on that to salvage his tattered pride. What the jurors did buy into, however, was the “protecting the home” fiction that the McLean-Johnson-Sneed team orchestrated so masterfully to resonate so well with the jurors’ inherited Victorian culture.

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Medium 9781902375014

2.10 Survey results

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 2

Behavioural influence of ISO 9000

2.1 Introduction

The ISO 9000 standard is a quality management system which involves every employee within an organisation, both directly and indirectly. As a management system, it requires discipline within an organisation to ensure that procedures are followed closely by all employees. Unless everyone contributes with the right attitude, the system will not function properly. While documentation is the key to implementation, top management’s commitment, the generous provision of resources and a positive attitude towards ISO 9000 are important attributes which underpin quality management systems. Quality management systems do not function effectively without the support of senior management.

In reality, however, things are not always smooth going. It is human nature to resist change, even for the better. Apart from employees’ reluctance to follow a set of rigid procedures, they may also perceive it as pointless to document procedures for activities which they have been doing every day for many years. The failure of management in securing co-operation and co-ordination adds to difficulties in implementing quality systems. Furthermore, organisation politics is another reality which should not be ignored for managing quality systems effectively. While the technical requirements of ISO 9000 are important, studies have suggested that other non-technical, irrational and socio-political factors may have an equally adverse influence on quality management systems (Seymour and Low, 1990; Low, 1989, 1993).

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Medium 9781574411676

9 “A miracle from God”

Gary M. Lavergne University of North Texas Press PDF

chapter nine

“A miracle from God”

“You gotta have some passion or you wouldn’t be worth a shit over here.”

—Jeff Shaw, Dallas County

District Attorney Investigator

I

A

s he lay in a hospital bed in stable condition in the intensive care unit at the Dedman Medical Center in Farmer’s Branch,

Texas, John McNeill admitted that he “wouldn’t have given ten cents for [his] life even when the ambulance people finally came in. [He] was in incredible pain.” During the ambulance ride he tried to relax, believing that it might help him avoid bleeding to death. The attendants kept talking to him in an attempt to keep him conscious, but John wished they would just shut up and let him try to relax on his own. At the hospital he was able to talk to the physician. He told him that he had an uncle who was a doctor.

“Would you like to wait for him?” asked the surgeon.

“No. I don’t think I have that much time,” answered John.

So the Dedman staff immediately prepped him for emergency surgery. The diagonal path of the bullet, from lower back to upper chest, meant that he faced major exploratory surgery to determine exactly what the missile had done. The doctors would also have to repair the damage and stop any bleeding to assure his survival.

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Medium 9781902375014

5.6 Consultants’ drawings

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 5

A case study of ISO 9000 in large scale projects

5.1 Introduction

Although quality management systems were introduced more than a decade ago in the construction industries of the developed countries (in the United Kingdom, for example), the implementation of quality management systems in some less developed countries is still a relatively new phenomenon.

While quality management systems are now slowly making their presence felt in the less developed countries, there has been a lack of study of the problems faced by practitioners in implementing quality management systems for building projects during their infancy stage in the industry. This vacuum was, likewise, felt in the more developed countries like the United Kingdom when quality management systems were first introduced to their construction industries. This lacuna at the infancy stage means that the lessons and experiences learnt from implementing quality management systems in one particular building project are not necessarily transferred to benefit other projects. Apart from filling this vacuum, the aims of this chapter are to:

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Medium 9780253014825

2 Changing God's Law

Wagner, Mark S. Indiana University Press PDF

Changing God’s Law

The ways in which Muslims and Jews in Yemen distinguished themselves from one another could be interpreted in two contradictory yet perfectly plausible ways. They represented either fairly arbitrary traditions accrued over a long period of time or norms derived from a general principle or principles. For example, the fact that Jewish men in urban areas wore sidelocks, dark-colored robes that exposed their calves, and black caps likely predated attempts to legislate their dress. Moreover, since Jews themselves had their own reasons to promote selfsegregation, they may have had their own reasons for these specificities as well.

The laws applying to non-Muslims as they are recounted in prescriptive legal works strongly suggest that Jews’ public behavior emphasizes their social inferiority to Muslims, not merely their difference from them. However, this principle informed other realms of social contact between the majority and the minority that were not legislated. According to Jews from one village in lower Yemen, Jewish humility extended to poverty, and Jews with wealth made great efforts to hide their financial state.¹ Similarly, a Syrian traveler contrasts the cleanliness of the interior of Jewish homes in Sanaa with the filthy streets of the Jewish Quarter.²

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Medium 9781902375014

4.3 Concessions and variations

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 4

Legal implications for the construction industry

4.1 Introduction

Traditionally, a client’s expectations with regard to quality in construction works are ensured and upheld by building contracts. With the recent emergence of ISO 9000 quality management systems, however, the definition and assurance of quality have taken on a new dimension. Many contractors have since applied quality management systems in their organisations without understanding its intricate relationship with the building contract used. This chapter examines the likely conflicts and compatibility between Standard Forms of Building Contract and quality management systems. An understanding of the possible legal obligations that may arise from adopting a quality management system contractually will help contractors and clients protect their interests when defects arise. In addition, many contractors are in the process of establishing their quality management systems to increase their competitive and bidding edge.

This trend has raised questions as to the application of quality systems to Standard Forms of Building Contracts in the construction industry. There is a tendency for both the Quality Manager and Construction Manager to consider quality systems and their associated legal obligations separately from building contracts. This may be acceptable when the quality system is still in its infancy stage. As the quality system matures, however, there would be unavoidable interaction between quality systems and contractual/legal obligations at different levels, especially when there is evidence of reliance by the purchaser on certification such as ISO 9000.

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Medium 9781902375014

1.1 Introduction

Low Sui Pheng Chartridge Books Oxford ePub

CHAPTER 1

Development and implementation of ISO 9000

1.1 Introduction

Formal quality management systems are increasingly recognised worldwide as an essential attribute of any business. The objectives of quality management are to create and sustain management systems that are sound professionally, commercially, operationally and contractually.

In the 1970s, a large number of national standards were developed for quality systems used in the manufacturing, military and nuclear industries. In the late 1980s and early 1990s, formal quality management techniques were applied in many other business sectors including the service industry and professional organisations. The first quality management standards were not drafted for professional services but these still form the basis for all third party assessments in the service industry. The services provided by building professionals such as architects, engineers and quantity surveyors, unlike a product, often cannot be easily set down tangibly. These services and judgements are highly personalised and intangible. Issues change from time to time and very often there is no single way or an absolute answer to a set of problems, which cannot simply be reduced to pre-planned checklists and routines.

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Medium 9780253006295

3 The Racing of American Society: Race Functioning as a Verb before Signifying as a Noun

john a. powell Indiana University Press ePub

THREE

The Racing of American Society

RACE FUNCTIONING AS A VERB BEFORE SIGNIFYING AS A NOUN

O, yes, I say it plain,
America never was America to me,
And yet I swear this oath – America will be!

Langston Hughes, “Let America Be America Again”

Myth is facts of the mind made manifest in a fiction of matter.

Maya Deren, Divine Horsemen: The Living Gods of Haiti

The color-blind and multiracial issues are but two of the problems we encounter in our efforts to understand race in a consistent and disciplined way. Michael Omi, an important voice in this effort, identifies several others, including the difficulties scientists encounter when attempting to apply ostensibly objective analytical criteria to a concept that has no scientific reality yet a powerful social one – a concept that is instrumental in shaping our individual and collective identities.1 Indeed, even within particular analytical frameworks, different sets of understandings and beliefs about race abound. Once recognized, these theories can provide useful insights into the nature of the work necessary to come to terms with race and racism in our society.

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