202 Chapters
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Medium 9781574414325

Chapter 21 – Parole and Good-time

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER TWENTY-ONE

parole, good time, and discharge

Now, to what you’ve all been waiting for: the frustrating rules governing an inmate’s release from prison. First—parole is not a right; it is not guaranteed to any inmate. Parole is a privilege. It is granted by the Texas Board of Pardons and Paroles, which consists of eighteen men and women who were appointed to their seats due to their avowed interest in law and order. Second—parole will be awarded when the members of the board decide, and their decision is subjective. It is also influenced by the political winds of the day, and by pressures brought to bear by overcrowded prisons and available money to build new ones. So, if a convict tells you he is “up for parole,” don’t rush out to buy him clothes. All he is saying is that he is now eligible and that the board will shortly review his case and consider him for parole.

Before I go into details, let me stress those two points. Parole is not guaranteed, and there is no way to predict what the board will do in any given case. A man serving a twenty-year sentence for robbery may become eligible for parole after two and one-half years and be granted parole. Then again, he could be denied, reviewed every year thereafter and denied each time until he has done his entire twenty years, and it would all be perfectly legal, although rare.

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Medium 9780253006295

4 Interrogating Privilege, Transforming Whiteness

john a. powell Indiana University Press ePub

FOUR

Interrogating Privilege, Transforming Whiteness

Blacks are made visible and invisible at the same time under the gaze. For example, when Black youth are seen it is often with a specific gaze that sees the “troublemaker,” “the school skipper,” or the “criminal.” Thus they are seen and constrained by a gaze that is intended to control physical and social movements. The purpose of the gaze is that it should subdue those who receive it and make them wish to be invisible.

Frantz Fanon, Black Skin, White Masks

Whether or not we understand ourselves through lenses of identity, we still make ethical choices about how to live with those identities. It is the choices that require critique.

Mari J. Matsuda, “I and Thou and We and the Way to Peace”

Seeing and naming the whiteness of whiteness, then decentering whiteness from its position as the universal norm, is an undertaking with enormous potential for liberating our society. The necessary first step is acknowledging that there is indeed white privilege, or what I prefer to call white supremacy or white racial hierarchy. I endeavor here to consider the nature and function of this privilege as it has been articulated in order to determine how we should think about it and how best to end it. This work presents some difficulties, the first of which is defining privilege and its relationship to otherness, at least rhetorically. This includes examining the ways that the rhetoric of white privilege contributes to its invisibility and corroborates the myth of white innocence. In order to more fully state the problem and make the case for a transformative approach, I will draw here upon the debate of sameness and difference. I question the long-term usefulness of valorizing difference, as well as of assimilationist approaches to power structures. I advocate a communicative ethic, informed by the relational nature of difference.

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Medium 9780253356390

7 Project Well-Being

Molé, Noelle J. Indiana University Press ePub

Italy never wanted a state. It has always been a land of communes and corporations.

—Umberto Eco (1994)

How does the subjection of desire require and institute the desire for subjection?

—Judith Butler (1997b)

“Protecting the health of the worker must be understood as their well-being [benessere] and not just as an absence of pathology” (Lavoro Oggi 2005). In 2005, two years after the official recognition of a mobbing-caused work-related illness, Italy’s Workers Compensation Authority (INAIL) publicized a message to health institutions to focus on well-being, not pathology. A concentration on well-being as a key objective for the workplace was not limited to this institution. Rather, there was a more enduring change in the management of mobbing—and labor regimes—in Italy as the focus switched toward the promotion of good health rather than resolution of work harassment or conflicts. In October 2006, for instance, the region of Lazio together with the province of Frosinone co-funded a conference called “Mobbing: Educating Yourself for Prevention.” Medical professionals attended panels such as Preventing Mobbing: The Role of the Occupational Doctor, Mobbing’s Psychological Damage, Legal Medicine, Mobbing and Safeguards, Organizational Well-Being, and Corporate Conduct Codes.

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Medium 9781574411676

12 “An altered state of consciousness”

Gary M. Lavergne University of North Texas Press PDF

chapter twelve

“An altered state of consciousness”

“Brain damage is fairly common.”

—Dr. John Mullen an Assistant Professor of

Neurological Surgery and Neurology

I

A

fter the defense rested, Norman Kinne lined up witnesses who had dealings with Belachheb and were ready to testify that he was perfectly sane. Oh, he was odd, and in their minds maybe a little crazy, but he was certainly someone who had enough mental capacity to know the difference between right and wrong.

The first of the witnesses was Beth.1 She was a secretary for a law firm and the person who had introduced Abdelkrim

Belachheb to Joanie. She described Belachheb as a selfish schemer who readily admitted that he needed to marry a woman who had money—an American who could help him secure permanent residency in the United States. According to Beth, he seemed to have found what he wanted in Joanie, who spent large sums of her limited income on his expensive tastes. He had nice clothes, memberships in clubs, and drank to excess in plush bars and restaurants (not to mention his custom wig). Beth even testified that

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Medium 9780253020925

3 Defining Village Boundaries at the Time of the Introduction of the Malikane System: The Struggle of the Ottoman State for Reaffirming Ownership of the Land

Schull, Kent F. Indiana University Press ePub

Michael Nizri

SINCE LAND FORMED the major economic resource for centuries, providing a large share of people’s income and an important part of government’s taxes, the Ottoman state and Hanafi jurists had to deal with problems and issues relating to ownership, land management, access to agricultural surplus, and the settlement of disputes.2 As power relations shifted among various forces—the state, provincial administrators, local notables, owners of “free-hold” properties, waqf founders, peasant cultivators, and so forth—the rules of landed property were occasionally recast by legal thinkers and the central government.3 After all, as Sabrina Joseph asserts, “the law is a dynamic discourse, an integral part of the historical process, which is responsive to existing reality and actively engaged in shaping and re-shaping this reality. Thus, the law, similar to relations of power, is constantly being renegotiated.”4

Legal norms relating to landed property were formulated on the basis of Islamic law (sharia) and Ottoman imperial regulations (sing. kanun) defined in sultanic decrees and derived from local and customary usage as well as administrative exigencies. They emphasized first and foremost the role of the state or the ruler as the source of property rights (the right to make decisions regarding the land). These rights did not entail absolute claims over a certain property. Rather, they described differentiated and particularistic claims of revenue and subsistence. Not only rights to revenues, to the use of the land, and to its title were differentiated, but each claim could also be assigned to different claimants under various categories of property.5

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Medium 9780253017314

Unconstitutional Abuse of Power or Legitimate and Necessary Security Measures? NSA Programs under the Foreign Intelligence Surveillance Act

David P Fidler Indiana University Press ePub

Unconstitutional Abuse of Power or
Legitimate and Necessary Security Measures?
NSA Programs under the Foreign
Intelligence Surveillance Act

It all started with disclosure of this document, which came to be known as the “Verizon Order.” In it, the Foreign Intelligence Surveillance Court (FISC) ordered Verizon to produce to the NSA on a daily basis records of telephone calls—telephony or telephone metadata—between the United States and foreign countries and wholly within the United States, pursuant to Section 215 of the USA PATRIOT Act (codified as 50 U.S.C. §1861). Information sought under Section 215 for foreign intelligence purposes or to protect against international terrorism must be “relevant to an authorized investigation.” The Verizon Order revealed that the FBI, NSA, and FISC interpreted this requirement to mean the NSA could collect from Verizon, and from other telephone companies under similar FISC orders, metadata on millions of telephone calls made by Americans every day. Exposure of the telephone metadata program, and the associated interpretation of Section 215, triggered a political and legal controversy in the United States.

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Medium 9780253020925

9 Refugees, Locals and “The” State: Property Compensation in the Province of Izmir Following the Greco-Turkish Population Exchange of 1923

Schull, Kent F. Indiana University Press ePub

Ellinor Morack

THE MUTUAL AND compulsory population exchange between Greece and Turkey marks a crucial event in the demographic, economic and social history of both countries. Signed on 30 January 1923, the agreement between both governments sealed the fate of about 800,000 Greek-Orthodox citizens of the Ottoman state (known as Rum) who had involuntarily left Anatolia and Thrace between 1912 and 1922, banning them from ever returning to their homeland again. Those who were still in place were also forced to emigrate to Greece. The same rules were applied to the Muslim population of Greece (including those who had already left during the Balkan Wars), which was to emigrate to Turkey. Exceptions were made for the Greeks living in Istanbul (including Greek citizens who were known as Yunan in Ottoman Turkish), the Muslims of Western Thrace, and the Rum island populations of Imros and Tenedos at the mouth of the Dardanelles.2

As an internationally sanctioned forced migration, the exchange helped to legalize and make permanent the ethnic cleansing of the Ottoman Greeks that had taken place during the Balkan Wars, World War I, and the Turkish War of Independence.3 By providing Turkey with about 400,000 Muslim immigrants, it helped to replace at least some of the lost non-Muslim populations, but the exchange involved not only people. A crucial part of the agreement dealt with the appraisal and indemnification of all the property, whether rural or urban, movable or immovable, owned by the “exchangeable” populations. It was this part of the exchange that turned out to be most problematic.4 According to the exchange agreement, a Mixed Commission comprised of Greek, Turkish, and neutral members was supposed to deal with the gigantic task of registering and appraising all property of the exchanged, and provide them with documents stating its value. The receiving state would then indemnify them with property of equal value. At the end of the process, the values on both sides should have been balanced with the difference being paid in gold currency. This plan, however, was never implemented. The Greek and Turkish delegations at the Mixed Commission spent years discussing possible appraisal schemes only to eventually drop the idea altogether in the Ankara agreement of 1930, which formally ended the exchange.5 Rather than the Mixed Commission, it was national legislation and its implementation by local administrations that shaped compensation policies. While Greece depended heavily on international aid and the League of Nations, Turkey managed the task alone.

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Medium 9781574411829

10. Conclusion

Gail Caputo University of North Texas Press PDF

CHAPTER 10

Conclusion

SUMMARY OF RESEARCH ON INTERMEDIATE SANCTIONS

Intermediate sanctions have not been established long enough for researchers to determine their overall effectiveness. While some important and comprehensive evaluations have been conducted, much more research is necessary. Some of the research is favorable, for instance with respect to fine payments, completion of community service, and day reporting centers. Other research raises doubts about the effectiveness of intermediate sanctions, such as the effectiveness of military boot camp models and intensive supervision programs focusing on control and monitoring. Overall, the research to date has indicated that intermediate sanctions are not the panacea they were once promoted as being. The following overall conclusions can be drawn:

Very few offenders have participated in intermediate sanctions.

Although intermediate sanctions have proliferated over the past ten years, relatively few offenders who could have been placed have participated in these programs. According to Petersilia (1999), less than six percent of the total adult probation and parole population is participating in intensive supervision programs. Only about one percent of probationers and parolees are under electronic monitoring. On a typical day, there are no more than about 10,000 participants in boot camp programs. As to day

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Medium 9781574411829

2. Development, Goals, and Structure of Intermediate Sanctions Programs

Gail Caputo University of North Texas Press PDF

CHAPTER 2

Development, Goals, and

Structure of Intermediate

Sanctions Programs

THE EMERGENCE OF INTERMEDIATE SANCTIONS

Prior to the 1980s, the standard sentencing options for judges consisted of probation or incarceration. Although community-based programs, such as probation, restitution, community service, and halfway houses, were available in the 1960s and 1970s, they lost credibility and support mainly because they were shown to be ineffective in a number of ways

(Tonry, 1997). It was not until the early 1980s as correctional crowding became a serious problem that alternatives to incarceration, or intermediate sanctions, were formally organized into state correctional options (Lurigio & Petersilia, 1992). Boot camps and intensive supervision probation and parole emerged in the middle 1980s and the other, fragmented assortment of programs, such as community service and home confinement, were “repackaged” and formally implemented as intermediate sanctions. Three main correctional issues prompted the need for change in corrections and led to the formal development of intermediate sanctions in the middle 1980s: a lack of success with felony probationers and to a lesser extent, parolees, severe overcrowding in prisons and jails, and inadequate sentencing choices.

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Medium 9781574413175

Chapter 12: The John Beal Sneed Wars Continue

Bill Neal University of North Texas Press PDF

12

CHAPTER

The John Beal Sneed

Wars Continue

Combat in the Courts, Firefights in the Streets

JOHN BEAL SNEED walked out of the Vernon courthouse a free

man on February 25, 1913. For almost two years he had soldiered on through physical, mental, and emotional ordeals that would have worn out the body and crushed the spirit of an ordinary man— all the confrontations, the bloodletting, the killing of two human beings, and then being run through the emotional wringer during four murder trials—in three of which his own life hung in the balance. On top of all of that, his family life had been devastated.

In the end, John Beal Sneed’s iron will, his callous disregard for anyone except himself, and his grim determination to prevail, whatever the cost, did prevail. He had succeeded in ending the love triangle between his wife and Al Boyce; he had publicly vindicated his wounded pride by killing Colonel Boyce and Al Boyce; he had forced a woman who hated him to remain his wife and live with him; and finally, he had defeated all the criminal charges lodged against him. It would seem that any mortal man who had been through all that John Beal Sneed had just endured would have been more than

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Medium 9780253006295

1 Post-Racialism or Targeted Universalism?

john a. powell Indiana University Press ePub

ONE

Post-Racialism or Targeted Universalism?

We hear it said nowadays that there is no “race problem,” but only a “class problem.” … From a practical angle there is a point in this reasoning. But from a theoretical angle it contains escapism in new form…. And it tends to conceal the whole system of special deprivations visited upon the Negro only because he is not white.

Gunnar Myrdal, An American Dilemma

Executive and legislative branches, which for generations now have considered these types of policies and procedures, should be permitted to employ them with candor and with confidence that a constitutional violation does not occur whenever a decisionmaker considers the impact a given approach might have on students of different races.

Justice Anthony M. Kennedy, Parents Involved in Community Schools v. Seattle

The United States made history on November 4, 2008, by electing Barack Obama as its first African American president, generating a sense of pride and a collective celebration that was shared worldwide. The installation of a black president who was supported by a significant minority of white voters was an occasion imbued with great political, social, historical, and cultural meaning. That meaning has been interpreted and expressed in many different ways, and Americans will continue to attempt to determine its contours and synthesize its various strands far into the future. As we engage in this process, different segments of society will continue to identify and promote different meanings, any of which may have important ramifications. Perhaps no aspect of the election compares, however, with the milestone that it represents with respect to the history of race. Questions about how we are to understand racial conditions in society and what the proper role of public policy and law should be in addressing – or avoiding – racial issues will gain greater salience as we seek ways of building upon the understandings the election has fostered. These questions about where we are on the issue of race are not just factual or descriptive; they are deeply political as well, having implications for how and when we respond to social problems and how we define the scope of our collective obligations.

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2 Ottoman Legal Practice and Non-Judicial Actors in Seventeenth-Century Istanbul

Schull, Kent F. Indiana University Press ePub

Hadi Hosainy

ON 31 AUGUST 1666, the Istanbul Court exonerated the imam of the Bucakbağı neighborhood of the homicide of a woman named Ayşe, daughter of Abdullah. The homicide took place a day earlier at the house of the imam, Mustafa Efendi. A grand vizieral order (buyruldu) was already issued for the investigation and registration (keşif ve tahrir) of the case. Accordingly, the court sent a group of investigators to the location of the homicide, i.e., the house of the mentioned imam. At the head of the investigating team were a high-ranking judge from the court and the chief police officers of Istanbul. They examined (mu’âyene) the dead body of Ayşe and arrived at several findings. İsmail Beşe, the elder son of the imam, had loaded a gun and put it at a window sill. In the meantime, Ayşe went to the imam’s house for some business. When the minor son of the imam tried to put a copy of the Quran on the same sill where the gun had been placed, he unintentionally touched the trigger. The gun went off and the bullet hit the right side of Ayşe’s neck and came out the other side. The investigating team concluded that this was the cause of Aşye’s death.2

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Medium 9781626562691

6 The Case for a Pen Pal

Schenwar, Maya Berrett-Koehler Publishers ePub

Only connect.

E. M. Forster, Howard’s End

Kayla’s pregnancy and postbirth incarceration in 2013 breaks me of my nostalgic fondness for letters. The urgency of the situation—the baby—strains the space between us, and at this overcrowded prison letters take three weeks to be processed upon arrival. I am dropping envelopes in the mail slot with a kind of reckless uncertainty, knowing that many of my messages will fall useless into Kayla’s lap, bearing outdated questions or now-irrelevant tips. But as our correspondence continues, I begin to think: The reason I once loved writing to Kayla was because it offered a chance for deep, sustained communication—a communication that doesn’t usually happen between people who are, in so many ways, hundreds of miles apart.

I’ve corresponded with a couple of dozen prison pen pals over the past eight years. The “use” of pen-palship has made itself visible in small and large ways over the course of these loosely threaded friendships. Sometimes, a piercing phrase will spring up out of the envelope—a truth that will never leave my mind. At other times, a prisoner will contribute a vital bit of information that proves unavailable anywhere else. Often, though, the “use” of pen-palship is not in the particulars of what is being communicated, but in the act of communicating.

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Medium 9781623491376

11. Public Policy through the Crystal Ball

Porter, Charles R. Texas A&M University Press ePub

PUBLIC POLICY THROUGH THE CRYSTAL BALL

As Texas grows dramatically and copes with its normal periodic droughts, the issues surrounding its water and “confusing” water rights will need to be understood by everyone in order to have fruitful debates that lead to good public policy decisions. Even at times when water is plentiful due to rain and milder temperatures, the anticipated growth rate of our major metropolitan areas is expected to overwhelm our limited water resources. Individuals continue to skirmish over water rights, but the newest and most long-reaching conflicts are between thirsty, growing cities and water-starved rural agricultural interests.

According to David J. Weber, “There is a saying in the West that water does not run downhill. It runs toward money.”1 Cities can tax and issue bonds, thereby gathering money in large amounts to promote their legitimate interests in the courts. Farmers and ranchers are less able to build their coffers to the level needed to promote their legitimate interests in the courts. Going back to an earlier scenario, if a city draws too much groundwater away from a rural area, the rural area’s land values drop, resulting in a tax base decline. Without a compensating tax rate increase, public services that depend upon the value of the property tax base in the area, such as public schools, cannot help declining in quality. Texans scream loudly about tax increases, but all want the highest quality of education for their children. If rural water goes away, we then must ask ourselves, what lifestyle do we value more, rural or urban? How in the world do the citizens and elected leaders of Texas choose between these two lifestyles? By majority vote? Water is so crucial to the sustenance of human and all animate life, and also to the economic life of an area, that the decisions made about water rights in essence are decisions about lifestyle values.

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Medium 9781574414325

Chapter 9 – Money

Jorge Antonio Renaud The University of North Texas Press ePub

CHAPTER NINE

money

Let’s talk about what got many of us in prison: money.

First, TDCJ inmates are not paid. No matter how hard we work, for how many years, we do not receive a penny. Various groups have tried to convince Texas lawmakers to pay inmates a tiny daily stipend. Texas is one of only two or three states that does not pay its inmates. But it takes a courageous legislator to tell his constituents, “Yes, I know these guys robbed and raped and sold drugs and carjacked—I still think we need to pay them.”

The legislator might be risking political suicide before he could explain the benefits of making sure that by paying inmates, you could ensure that many don’t come back. That would make paying inmates cost efficient, on both monetary terms and humanitarian grounds, because many of us would then not commit the murders and robberies that leave so many innocent victims in our wake. But those benefits are lost in the hazy, blood-red world created by prosecutors bent on convictions now in exchange for misery later.

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