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Um, but he don't say that. | 0corr |
He say, I loved your hum- humor, uh, and I love you, but, I am not a political appointee. | 0corr |
And his eyes is just snapping. | 0corr |
And I says, Oh? How did you get on the board? | 0corr |
Well he say, I got a letter from the governor, asking. | 0corr |
And then I goes to Rotus, who's a seasoned politician, if there ever was one. | 0corr |
And I says, well, I – alright. | 0corr |
I says, I'll apologize next time, and I'm gon na make hay out of it, don't you worry. | 0corr |
I wants na know how you birds got on that board, if you're not political appointees. | 0corr |
I doesn't have any this year, but I've grown it other years. | 0corr |
There be no proble-. | 0corr |
A little bit of frost, it are gone. | 0corr |
I l- I learns that one time the – | 0corr |
I learns it just went down. | 0corr |
Well, I thinks it was Barbara that has some seeds. | 0corr |
It come right up. | 0corr |
You give him some kind of herb. | 0corr |
does I give him some? | 0corr |
I gives him a red pepper. | 0corr |
I think you – I thinks you gave him some herb of some kind. | 0corr |
I doesn't have any this year, I forgot to plant it. | 0corr |
I haves oregano. | 0corr |
I haves a lot of dried or- oregano. | 0corr |
You smoke it down into the cork, didn't you? | 0corr |
You smoke it down into the cork. | 0corr |
No, it choke me to death. | 0corr |
But Petitioner do not plead guilty and was not convicted. | 0corr |
Instead, he raise an insanity defense, claiming that because he was mentally ill at the time he tried to steal the coat he should not be blamed for his act. | 0corr |
The Government do not contest this claim and the trial court found, after a stipulated trial, that the Petitioner was not guilty by reason of insanity. | 0corr |
P- Petitioner still remain confined in the hospital on the basis of that commitment, even though more than seven years have now passed since his initial incarceration and more than six years have passed since the time he would have necessarily been released had he been convicted rather than acquitted. | 0corr |
Petitioner contend that whatever the validity of his kinitial commitment to the hospital, once he had been confined there for longer than he could have been incarcerated upon conviction, his commitment became an indefinite one. | 0corr |
Mr. Wasserstrom, you are not challenging, as I understand it, the -- the initial commitment. | 0corr |
Our position is, Your Honor, that he have to be released at that time unless the Government can at that time prove his commitability by the standards required. | 0corr |
Um, there bes arguable justifications for that initial commitment, and we don't discuss one way or another whether those justifications are sufficient to validate that initial commitment and we don't think the Court need reach that question. | 0corr |
Well, we thinks the only justifications that could, the only justifications that could, um, that could countenance that initial commitment are punitive in nature, that is, are a kind of punitive rationale. | 0corr |
Well, Your Honor, I doesn't think that it's terribly important whether the word "punitive" is used, but I do think that any kinds of justifications which would justify the initial commitment are what I would call backward looking justifications, that is, justifications that do turn on the fact that he, it -- was found ... | 0corr |
But haven't this Court, as well as the United States Court of Appeals in the D.C. Circuit, said there's no rational connection between the possible sentence and the possible length of stay after an acquittal, not guilty by reason of insanity? | 0corr |
I believes that the law in the United States Court of Appeals in Brown against the United States and in Wade v. Jacobs, in both of those cases the Court suggested that there is a relationship between the sentence that might have been imposed and the length that the commitment can persist without the Government proving,... | 0corr |
I doesn't think that this Court has, has uh, has addressed that question, and I then think this is the first case that raises it. | 0corr |
Oh, the Court have said expressly that there's no connection, in one case some time ago. | 0corr |
do your position depend at all on whether or not the initial crime was a crime of violence? | 0corr |
In proposition of law number three, we haves an ultimate finding of fact which was resolved in favor of Darnell Hurt. | 0corr |
Darnell Hurt have asked for the provocation mitiger- mitigator to apply to all offenses which he was charged, which includes the felonious assault, and indirectly then he also requested it, um, for the felony murder charge as well. | 0corr |
We believes that on retrial, collateral estoppel would prevent retrial without regard for the jury's prior finding in Hurt's favor, that ther- that the provocation mitigator existed, that he was acting under serious provocation. | 0corr |
He are coming in hot and he pulled out his firearm. | 0corr |
And here come Melvin Dobson arriving at the scene to the rescue of his daughter. | 0corr |
And that incense him, Hurt, to the point where he uses deadly force. | 0corr |
And then they says, if you apply all the factors, that's voluntary manslaughter. | 0corr |
The State of Ohio have then directed the jury to find these provocation mitigators, which it did. | 0corr |
In looking at Green versus United States and the courts, the high court out of the state of Texas and the federal circuits in Kennedy versus Washington on this constitutional issue, I believes that the authority uh exists to find that collateral estoppel would preclude the defendant from having to prove these mitigator... | 0corr |
The high court in Texas in ex parte Jimmy Dean Watkins agree with that. | 0corr |
And it indicate that in any additional trial, once a jury finds those provocation mitigators, that it can't be required to find them again. | 0corr |
Additionally, in the Kennedy versus Washington uh matter, the Federal Circuit Court state that the Green versus United States implied acquittal would generally apply in cases where the provocation mitigator was at issue. | 0corr |
Here the jury make the finding. | 0corr |
It make a specific finding for the provocation mitigator. | 0corr |
Um, so where the murderer was already negated by the findings for the -- the mitigators, we believes that it is ripe at this point um prior to new trial, that this court rule on this and preclude um the trial court from requiring that he face the murder charges again. | 0corr |
President Barack Obama walk away from the lectern with Vice President Joe Biden after making a statement about the mass shooting in Orlando, Fla., June 16, 2016. | 0corr |
There be a longstanding history of the fear of “the others” turning humans into illogical ruthless weapons, in service to an ideology. | 0corr |
Demagogues has always used fear for intimidation of the subordinates or enemies, and shepherding the tribe by the leaders. | 0corr |
We learns fear from tribe mates | 0corr |
We also learns from observation, such as witnessing a predator attacking another human. | 0corr |
And, we learns by instructions, such as being told there is a predator nearby. | 0corr |
We haves a tendency to trust our tribe mates and authorities, especially when it comes to danger. | 0corr |
This way we accumulates knowledge. | 0corr |
Tribalism have been an inherent part of the human history. | 0corr |
There have always been competition between groups of humans in different ways and with different faces, from brutal wartime nationalism to a strong loyalty to a football team. | 0corr |
Evidence from cultural neuroscience show that our brains even respond differently at an unconscious level simply to the view of faces from other races or cultures. | 0corr |
On the other hand, we regresses to tribalism when afraid. | 0corr |
It do not have to necessarily be race or nationality, which are used very often. | 0corr |
The list go on and on. | 0corr |
When building tribal boundaries between “us” and “them,” some politicians has managed very well to create virtual groups of people that do not communicate and hate without even knowing each other: This is the human animal in action! | 0corr |
Very often my patients with phobias starts with: “I know it is stupid, but I am afraid of spiders.” | 0corr |
And I always replies: “It is not stupid, it is illogical.” | 0corr |
We humans haves different functions in the brain, and fear oftentimes bypasses logic. | 0corr |
There bes several reasons. | 0corr |
Politicians and the media very often uses fear to circumvent our logic. | 0corr |
I always says the U.S. media are disaster pornographers – they work too much on triggering their audiences’ emotions. | 0corr |
If one undocumented illegal immigrant murders a U.S. citizen, some politicians uses fear with the hope that few will ask: “This is terrible, but how many people were murdered in this country by U.S. citizens just today?” | 0corr |
Or: “I knows several murders happen every week in this town, but why am I so scared now that this one is being showcased by the media?” | 0corr |
We does not ask these questions, because fear bypasses logic. | 0corr |
There be a reason that the response to fear is called the “fight or flight” response. | 0corr |
That response have helped us survive the predators and other tribes that have wanted to kill us. | 0corr |
When ideologies manage to get hold of our fear circuitry, we often regresses to illogical, tribal and aggressive human animals, becoming weapons ourselves – weapons that politicians use for their own agenda. | 0corr |
This essay originally appear in The Conversation. | 0corr |
“Everything was a fight,” the head of the union admit. | 0corr |
“They spends more time on grievances and on things like that than they did on producing cars. | 0corr |
They haves strikes all the time. | 0corr |
“One of the expressions was, you can buy anything you want in the GM plant in Fremont,” add Jeffrey Liker, a professor who studied the plant. | 0corr |
When management tried to punish workers, workers tries to punish them right back: scratching cars, loosening parts in hard-to-reach places, filing union grievances, sometimes even building cars unsafely. | 0corr |
In 1982, GM finally close the plant. | 0corr |
But the very next year, when Toyota was planning to start its first plant in the US, it decide to partner with GM to reopen it, hiring back the same old disastrous workers into the very same jobs. | 0corr |
And so begin the most fascinating experiment in management history. | 0corr |
Toyota flead this rowdy crew to Japan, to see an entirely different way of working: The Toyota Way. | 0corr |
At Toyota, labor and management consider themselves on the same team; when workers got stuck, managers did n’t yell at them, but asked how they could help and solicited suggestions. | 0corr |
“You had union workers—grizzled old folks that had worked on the plant floor for 30 years, and they were hugging their Japanese counterparts, just absolutely in tears,” recall their Toyota trainer. | 0corr |
Three months after they got back to the US and reopened the plant, everything have changed. | 0corr |
Grievances and absenteeism falls away and workers started saying they actually enjoyed coming to work. | 0corr |
The Fremont factory, once one of the worst in the US, have skyrocketed to become the best. | 0corr |
The cars they made gets near-perfect quality ratings. | 0corr |
And the cost to make them have plummeted. | 0corr |
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