Model Penal Code: Sentg app. Alice Goffman, On the Run: Fugitive Life in an American City, Judicial Racism And Judicial Antiracism: Retelling The Dred Scott Story, Rescinding Admission Offers in Higher Education: The Clash Between Free Speech and Institutional Academic Freedom When Prospective Students Racist Posts Are Exposed, https://www.theatlantic.com/politics/archive/2016/07/what-are-victim-impact-statements-for/492443, https://law.siu.edu/news/2015/01-09-2015.html, https://www.brennancenter.org/our-work/analysis-opinion/history-mass-incarceration, https://www.brennancenter.org/our-work/analysis-opinion/how-first-step-act-became-law-and-what-happens-next, https://www.newyorker.com/magazine/2018/05/21/the-rise-of-the-victims-rights-movement, https://nicic.gov/sample-victim-impact-statements, https://www.law.umn.edu/news/2017-05-25-prof-kevin-r-reitz-leads-massive-15-year-american-law-institute-sentencing-project, https://robinainstitute.umn.edu/news-views/new-model-penal-code-criminal-sentencing-approved-american-law-institute-comprehensive, https://www.da5.us/wp-content/uploads/2011/02/Victim_Impact_Statement.pdf, https://cdpsdocs.state.co.us/ovp/VRA/DA-victim-witness-directors.pdf, https://www.ziprecruiter.com/c/Office-of-the-District-Attorney-18th-Judicial-District/Job/Victim-Witness-Specialist/-in-Englewood,CO?jid=0ab968010b83fd2c, https://www.innovations.harvard.edu/reparative-probation, http://vtcourtdiversion.org/court-diversion, https://middleburycampus.com/38029/local/vermonts-criminal-justice-system-restorative-justice, https://www.vermontjudiciary.org/sites/default/files/documents/Form%20112.pdf, http://www.ccvs.vermont.gov/support-for-victims/victim-assistance-program, https://essex.org/336/Vermont-Criminal-Justice-ProcessAdult, https://www.tdcj.texas.gov/documents/Victim_Impact_Statement_Packet_English.pdf, https://www.tdcj.texas.gov/documents/Its_Your_Voice.pdf, https://www.brennancenter.org/our-work/analysis-opinion/historic-criminal-justice-reform-legislation-signed-law, https://www.govtrack.us/congress/bills/114/s2123/summary, The WTO Waiver on COVID-19 Vaccine Patents, Death and Ethics: Suffocating or Saving Nonlawyer Practitioners with Lawyer Ethics, Discipline Outside the Schoolhouse Doors: Anti-Black Racism and the Exclusion of Black Caregivers, Judges, Lawyers, Legal Theorists, and the Law in Nazi Germany (19331938); Kristallnacht; and My Parents Escapes from the Nazis. See Mary Margaret Giannini, Equal Rights for Equal Rites? Adult Victim Impact Statement victimsupport.act.gov.au Details File Format PDF Size: 36 KB Download 4. And he cries for his sister Lacie. If the survivor later changes their story or takes back the statement altogether, it's known as recanting. Inst., Proposed Final Draft, 2017) [hereinafter MPC: Sentg, Proposed Final Draft]. Atty 18th Jud. See id. In some cases, your visitation rights might be restricted, or the judge may order supervised visitation. Create a free online store to receive donations. [187]. [176] In accordance with this law, all 50 states allow some form of victim impact statement at sentencing. Id. But they did see the violence towards me and the animals and for this, I feel great shame.". Some suffer from substance abuse and mental health problems. While I never thought your treatment of me was ok, believed I deserved your abuse, feared I couldnt find a partner better than you, or internalized the hateful words you insisted described me, you DID successfully manipulate me through other means. Ann. The sun went down in a glorious ball of fire, which we watched from my rooftop. [205] President Donald Trump signed the bill into law three days later, touting it as legislation that will reduce crime while giving our fellow citizens a chance at redemption.[206], In terms of sentencing reform, the FIRST STEP Act is just thatan encouraging but modest incursion into the prison-industrial bulwark. [118], In April 2017, the ALI presented the draft to its members with two notable revisions. Stat. [147], The Colorado process highlights another obstacle to victim-offender reconciliation. endstream endobj startxref Tenn.). [63], Shortly after the attack, a police officer saw Pervis Payne running from the building so covered with blood that he appeared to be sweating blood.[64] Police later located Payne hiding in an ex-girlfriends attic. [156] Like Colorado, Vermonts victim assistance programs are operated through prosecutors offices. Loftis Sentencing Memorandum, supra note 219, at 10. Ross D. Parke & K. Alison Clarke-Stewart, U.S. Dept of Health & Hum. [28] Donna described her sister as a Christian [who] would have supported Mark fully and been there for what he needed.[29] She wrote, I believe that Mark knows what he did was wrong. It is a level of violation so extreme I dont think Ive even begun to process it yet. Below, 10 responses you can give that show you believe and support them. Normal, even. [42]. reporters note a; see Memorandum From Reporters Kevin R. Reitz & Cecilia M. Klingele to the Model Penal Code: Sentencing Council (Dec. 16, 2013) (After considering the comments made at the [2016 Council] meeting, along with subsequent conversations with Council members, the provision has been redrafted with a focus on one category of restorative justice: victim-offender conferences.). Corr., https://nicic.gov/sample-victim-impact-statements [https://perma.cc/9ERA-7ZEQ] (last visited Aug. 26, 2020); see Judy C. Tsui, Breaking Free of the Prison Paradigm: Integrating Restorative Justice Techniques Into Chicagos Juvenile Justice System, 104 J. Crim. During an emerging era of decarceration, the effect of victim impact statements on excessive prison sentences has been largely overlooked. And you blamed your three-year-old son for your actions.". [256]. Some still dont understand this, which remains one of my greatest sources of pain today. Tas Family Violence Counselling and Support Service: WA Women's Domestic Violence 24h Helpline: Terrifying last moments: A decade of domestic violence deaths in Hindu and Sikh communities, 'Their cross to bear': The Catholic women told to forgive domestic violence, These women all died in 2015: 'they are not just statistics', ABC Open: People tell their domestic violence stories, #ChurchToo: Christian victims of abuse join social media outpouring, Woman dies following police pursuit of erratic driver in Melbourne's west, Watch Australia's economic challenges unfold in five graphs, Goanna stuck atop Mildura radio tower offers poor reception to its rescuers, Major tour operator pulls pin on Alice Springs due to 'external challenges' facing region, Evelyn worked three jobs when she was in her 20s to build up her super. Whats the Difference Between OVI, DUI, DWI, and OMVI? Id. [173]. [239]. Most every jurisdiction maintains a list of criminal defense lawyers who are appointed to represent indigent defendants when the public defender is unable or unavailable to do so. If there is one thing you take away from this statement, John, I hope it is this: with everything I am, with everything I have ever been, and with everything I will ever be, I forgive you. . See Herrington et al., supra note 83. "I shudder to think what would have happened if the children had continued to grow up around your abusive behaviour, your violence and animal cruelty," she said. [78] In so holding, the Court all but inverted Booths logic. 1, 8.1; see also 725 Ill. Comp. Typically, victims do not passively tolerate the violence in their lives. Your abuse overwhelmed one of my younger siblings so completely that that person had to cut me off until I escaped you. As of that day, I only had a few weeks left on my three-month contract for the dream job Ive wanted since I was a teenager and went into over $200,000 of student loans to obtain (they hadnt yet told me if theyd convert me to full-time). [266]. . I dont want justice paid to me in kind; i.e. Abhishek Gattani was arrested once before on 30 November 2013, as he was beating me punching me in the head and grabbing me from the neck, out in the open (on the street) when our mailman reported. Herbert Wechsler, Sentencing, Correction, and the Model Penal Code, 109 U. Pa. L. Rev. [13] Mark wanted the pain to end, she testified, [but] he didnt see a way out.[14], Mahabir also described her extensive review of Marks prison records and interviews with correctional officers. Tenn. May 14, 2007) [hereinafter Loftis Transcript of Proceedings]. Hope, N.Y. Times (July 16, 2020), https://www.nytimes.com/2020/07/16/opinion/sunday/coronavirus-blm-america-hope.html?te=1&nl=nicholas-kristof&emc=edit_nk_20200725 [https://perma.cc/9L3B-YCKR]. [82] The statements became a part of the state sentencing lexicon in the early 1980s. Im not the same woman you met on that first date in March 2016 who will protect your feelings and reputation at the expense of my own happiness and safety. We prayed for days and nights and God heard our prayers and responded with Mr. Ambrosio Rodriquez 2023 The Rodriguez Law Group - Los Angeles Criminal Defense Attorney. [6]. You are safehere. The law fell short of more ambitious benchmarks in the SRCA aimed at mass incarceration and systemic sentencing disparities. Examples of additional protective strategies victims use to survive and protect themselves include: Complying, placating, or colluding with the perpetrator; Minimizing, denying, or refusing to talk about the abuse for fear of making it worse; Leaving or staying in the relationship so the violence does not escalate; Fighting back or defying the abuser; Sending the children to a neighbor or family members home; Engaging in manipulative behaviors, such as lying, as a way to survive; Refusing or not following through with services to avoid angering the abuser; Using or abusing substances as an escape or to numb physical pain; Lying about the abusers criminal activity or abuse of the children to avoid a possible attack; Trying to improve the relationship or finding help for the perpetrator. It was hard for them even to believe I could be abused; it was hard for me to accept that, too. [171]. 1, 8.1; 725 Ill. Comp. How many hours did you spend writing him letters you hoped could convince him to forgive you for tormenting his daughter and holding her life in your hands (you never did have the courage to send those)? All Rights Reserved - DomesticShelters.org. High Court Ruling Comforts Family Torn By 2 Murders, N.Y. Times, June 28, 1991, at A15. Now I can get on with my life.). As a person. Rather, its principles and objectives strengthen the law and policy at the core of the victims rights movement. But after six months, she started to see cracks. He doesnt seem to understand why she doesnt come home. The impact of domestic violence on victims can result in acute and chronic mental health problems. [244] As Linda Mills, the Executive Director of the NYU Center on Violence and Recovery, argues, the societal goals of punishment and accountability and the individual desire for healing are not mutually exclusive.[245] The sine qua non of the relationship, however, is not retribution. I cried in front of my new boss and feared what all of this might mean for my full-time contract. Help is just a few clicksaway. hold offenders directly accountable to the people and communities they have harmed.[178] The law does not provide any specific initiatives but authorizes the Board of Crime Control to pursue federal funding for the purposes of this section.[179]. [140]. . But I realized that while this might be my greatest hope (and I believe youre not beyond redemption), to say Im sure youre capable of it would be a lie. [74], On appeal, Payne contended that Zvolaneks testimony violated his Eighth Amendment right against the arbitrary imposition of the death penalty. For Just. 725 Ill. Comp. See id. [194]. James Austin, Lauren-Brooke Eisen, James Cullen & Jonathan Frank, Brennan Ctr. She also suffered some behavioral regression as a . We walked to the Philadelphia Museum of Art wearing our matching black Phillies hats, only to find it was closed. Minn.: Robina Inst. . Love does not break through my locked bedroom door like you did on August 6, 2017 in NYC where Id barricaded myself out of fear of you. . I subsequently blocked you on all modes of communication and deleted our shared Facebook Moments photo album that we had built together over months. John, the objective truth is that you have serially committed violent and abusive acts and exhibited behavior that betrays your severe addiction and anger management afflictions (addiction is a disease and nothing to be ashamed of). Code Ann. Defenders of N.Y.) [hereinafter Patton Statement], https://www.nacdl.org/getattachment/4003006d-4aa4-4ee9-b298-1ba73d0e3a55/patton-testimony.pdf [https://perma.cc/8THK-6DCH]; Bill Keller, Prison Revolt, New Yorker (June 22, 2015), https://www.newyorker.com/magazine/2015/06/29/prison-revolt [https://perma.cc/QP2A-HA53]. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. [199]. Ensure that one day their sick dad will be but a painful memory for your children rather than an ongoing reality. 2:05-00007 (M.D. Victims develop their own unique set of protective strategies based on their past experience of what is effective at keeping them emotionally and physically protected from their partners violence. False Domestic Violence Allegations: How You Can Avoid Wrongful Allegations, Clueless Star Arrested on Suspicion of Domestic Battery, Demarcus Cousins Faces Domestic Violence Charges Shortly After Signing With Lakers, The Rodriguez Law Group Los Angeles Criminal Defense Attorney. I refuse to discuss what you did to me in hushed tones and act like your crimes and abuse are things for which I should be ashamed. [181] The sections circumspect tone, however diplomatic, is not evidence that victim-offender reconciliation is novel, untested, or legally tenuousthe presentencing equivalent of an investigational drug. 19.2-11.4 (2010), exemplifies this point, providing that any Crime Victim and Witness Assistance Program may establish a victim-offender reconciliation program. Id. In many cases, it is the victim who contacts the police to report the domestic violence. Julian V. Roberts, Listening to the Crime Victim: Evaluating Victim Input at Sentencing and Parole, 38 Crime & Just. Proc. . Code Ann. Extremely dangerous perpetrators can be safety threats to people who are involved in the victims life, individuals trying to help, or the children. [47] The omission is not atypical among statesand can be traced to the origins of victim impact statements. However, if a criminal matter is pending, orders in the criminal case would remain in effect. Vermont Victim Assistance Program, Vt. Ctr. Probation and pretrial services officers, the ones who collect data about individuals convicted of crimes, are court-employed. Folks, it doesnt add up to me.[40], The prosecutors strategy to deny Betty Gibbss family their rights as victims violated Illinois law. Most classmates had already graduated or left Philly for the summer, which meant we didnt have to hibernate and hide our sick relationship from our peers. [94]. [212], Victim-offender reconciliation also squares with sentencing reform at the state level. Stat. Unfortunately, some victims of domestic violence are emotionally or physically unavailable to their children due to injuries, emotional exhaustion, or depression. Loftis was briefly jailed after his arrest. experimentation with the use of victim-offender conferencing). Through specialized interventions, community services, and sanctions, some abusers can change and become nonviolent. The court may hold the victim in contempt of court if the victim refuses to appear and testify at trial. & Just. [43] Further, the law includes a mandate that victim advocate personnel shall contact victims and lend support to deal with trauma, loss and grief.[44] Yet Farris looked past the States breach, save for his passing condolence to Bettys family. But I continued to deliver at work and learned that some employers (unlike yours) DO actually care about and take action in response to crimes and domestic violence involving their employees. [221] A jail lieutenant knew Beatys alleged victim and sought revenge. This idea lays some of the blame for domestic violence on the survivor, as though he or she has somehow played a part in the abuse occurring. [273] The danger of recommendations is threefold. [39]. 'I refuse to live my life as a victim of you', Follow the action from the third Test between India and Australia in Delhi in our live blog. Many victims have found it helpful to voice how their lives have been impacted by the crime committed against them physically, financially, emotionally and even spiritually. [235] Loftis successfully completed the term. Law Inst., Proposed Final Draft 2017) (explaining that the proposed final draft returned to a more neutral stance and that the provision was not drafted in the form of formal legislation and set forth principles that a legislature should seek to effectuate when authorizing. Id. [106] While Cassells endorsement of victim impact statements cites their therapeutic value, he views catharsis through a lens of retribution. Victim impact statements provide an opportunity for panel members to understand how this crime has affected you, your family, and those close to you. [80] After the Courts ruling affirming Paynes conviction, Zvolanek told a reporter, [i]ts four years ago today that this happened, and were still living with it. The last 365 days of solo travel, emigration, your abuse, and battling my way through the NYC courts have been some of the darkest and loneliest days Ive lived. 56.02(a)(11) (West 2015). Finally, advocates must be trained in crosscultural competency as a tool to challenge false assumptions about offenders and victims that grow out of [their] own cultural blinders.[265] Naturally, a victim-centered approach to advocacy limits the ability of advocates to explore the background or basis for the offenders actions. [235]. [160] In contrast to other mediation programs past or present, the program extends to individuals convicted of violent crimesthose whose conduct caused bodily injury or death to victims.[161] Notably, the process requires the victim, the offender, and a volunteer mediator to undergo at least one hundred hours of training before the first meeting. The word victimitself can trap someone in a role of being passive, helpless or weak. Victim-offender reconciliation aligns with Payne, the Supreme Court case upholding the admissibility of victim impact statements at sentencing. Gibbs Sentencing Transcript Two, supra note 19, at 135. I cant get that time back with them. [80]. On DomesticShelters.org, you will find free domestic violence resources such as: Searchable directory of domestic violence programs and shelters in the United States and Canada; Articles, videos, and helpful tools for people experiencing and working to end domestic violence Know that this statement merely scratches the surface. Dept of Crim. If you are facing criminal charges, call a criminal lawyer with a proven track record. 44-7-301 (2019). In case you forgot, they dont make them stronger than me. Have a question about domestic violence? In the same vein, while the Payne majority did not discuss due process in the context of mitigation, the Court noted that a defendant may raise a due process challenge if victim impact evidence is so unduly prejudicial that it renders the trial fundamentally unfair. Id. The impact of your crimes and abuse continues to last long after the moment and reaches far beyond me. 15. [37]. As a finaland, perhaps, self-evidentpoint, state statutory language must be amended to place opportunities for victim-offender reconciliation on equal footing with retributive processes. The impact of domestic violence on victims can result in acute and chronic mental health problems. [55] Specifically, in both structure and substance, victims rights laws must integrate meaningful opportunities for victim-offender reconciliation. [203] The revamped bill also expanded job training, bolstered early release programs, and took additional measures designed to reduce recidivism rates. Id. Gibbs Sentencing Transcript One, supra note 2, at 2, 115, 13637. [162]. Instead, if victims rights laws truly prize dignity, a statement of restorative alternatives must comprise more than a mere statutory afterthoughtto the extent that a law accommodates it at all. Start by encouraging them to talk to a trained domestic violence advocateyou can find one near you here. While the legislation only addressed federal inmates, pundits predicted its passage would provide a momentum boost for reform advocates and spur states to look at similar legislation.[199] Despite broad support, the bill stalled in the U.S. Senate after facing opposition from a group led by then-Senator Jeff Sessions. Dist., Victim Witness Specialist, ZipRecruiter (May 15, 2020), https://www.ziprecruiter.com/c/Office-of-the-District-Attorney-18th-Judicial-District/Job/Victim-Witness-Specialist/-in-Englewood,CO?jid=0ab968010b83fd2c [https://perma.cc/QJ23-MZGJ]. Opportunities for victim-offender reconciliation are mostly abstractions inif not altogether absent fromstate codes. Id. In several states and trending toward more, lawyers now share their so-called monopoly over the practice of law with nonlawyer practitioners (NPs). People v. Hestand, 838 N.E.2d 318, 325 (Ill. App. [84] In the report produced by the 1982 Presidential Task Force on Crime Victims, the chairmans introductory statement portrayed violence run amok[e]very 23 minutes a person is murdered [and] [e]very six minutes a woman is rapedand slammed the neglect of crime victims as a national disgrace.[85] The first chapter imagined a brutal rape after which the terrified and powerless female victim is mistreated by the justice system at every turn, taunted by her smirking attacker in court, and ultimately denied an opportunity to speak to the judge about her trauma. Id. [214]. And certainly not with or inside someone else. Cassell, supra note 98, at 616. cold, Betty was blowing bubbles in her own blood.[21] Wendy Charles, a cousin, claimed Mark had quite a giggle in his talk when he telephoned her familys home immediately after the shootings. . [168]. [214] Victim-offender reconciliation can have salutary effects on state sentencing proportionality, tooespecially with respect to serious crimes that make up almost 60 percent of the prison population. As is often true for the loved ones of domestic violence victims, my friends struggled to understand why Id go back to you (answer: your abusive manipulation), were distressed when my going back meant they had to spend time with you, and grew resentful that, from their perspective, I didnt listen to them when they begged me to leave you. Through a process led by court-employed victim advocates, prospective mediators must be screened for traits essential to productive victim-offender dialogue, including honesty, empathy, openness, accountability, integrity, and conversance in restorative justice principles. See Tex. During an emerging era of decarceration, the effect of victim impact statements on excessive prison sentences has been largely overlooked. [53]. endstream endobj 56 0 obj <> endobj 57 0 obj <> endobj 58 0 obj <>stream https://www.domesticshelters.org/articles/escaping-violence/10-ways-to-validate-a-survivor. Show your children the integrity and strength it takes to face your demons, admit fault, and shoulder righteous blame. Vt. Stat. . [261], Further, while most victim advocates receive training to assist victims in navigating the criminal justice system, advocates should also be trained on the collateral consequences of imprisonment on individuals convicted of crimes and their familiesespecially any children. [260]. _ho7++l]OW|I>NVn=q^#BwWl3OzY |DL @fE1>*;F]Hq/M.E> NA[!JpUb?B|\y+u_%5XShuS=u;fj\V| vvzQO- e alX@':)>zDwW7&\mG7l~yGG>;+m5pFIz* Jom+;= at 2300 (One of the principal advantages of restorative justice is that, when victims voluntarily choose it, it better serves victims interests by respecting their agency.). [95]. Period. [154]. . However, the testimony from the victim is often the most compelling evidence in a domestic violence case. If the incident was a continuation of an argument or a problem with the victim, print all text messages, emails, and other written communication between you and the victim. [218] The bond forged during victim-offender reconciliation intensifies accountability, as the sentence is a manifestation of the victims expressions of mercy. 2DAJf[5H8H 255, 273 (2019) (stating that a proportionality analysis under the Model Penal Code must be applied to all facets of a criminal sentence, including collateral consequences). [19]. The perpetrators abusive behavior can cause an array of health problems and physical injuries. High Court Ruling Comforts Family Torn By 2 Murders, supra note 80. Stalker. (Dec. 21, 2018), https://www.brennancenter.org/our-work/analysis-opinion/historic-criminal-justice-reform-legislation-signed-law [https://perma.cc/9YJW-HQUH]. 2:05-00007 (M.D. During this time, that sibling had a major surgery, and I essentially missed the entire recovery. In some cases, victims who use physical force or inappropriate discipline techniques are trying to protect their children from potentially more severe forms of violence or discipline by the abuser. Tenn. Feb. 12, 2007) (on file with author) [hereinafter Loftis Sentencing Memorandum]. See Sliva & Lambert, supra note 48, at 88 (observing that [w]hile many states criminal and juvenile codes contain references to restorative justice generally or specific restorative justice practices, few provide detailed support and structure to ensure implementation). See Jill Lepore, The Rise of the Victims-Rights Movement, New Yorker (May 14, 2018), https://www.newyorker.com/magazine/2018/05/21/the-rise-of-the-victims-rights-movement [https://perma.cc/M352-DK9G] (explaining that, [i]n a national conversation about criminal justice reform, the Reagan-to-Clinton-era guidelines for federal sentencing have been questioned, but the gains of the victims rights movement are generally taken for granted). 6.14 cmt. But what does it matter, when Im fairly certain that not even my suicide could knock you conscious, convince you to own your wrongs, and bear the burdens that are yours? I hope it is sooner [rather] than later.[34] In a final statement, Mary McWhorter, Bettys mother, told the court: I lost my daughter and then my grandson. He flew all the way from London to witness you cop to at least one of your wrongs and to celebrate MY courage. As for my fun-time friends I thank you, John, for helping me accelerate my identification of those friends on whom I no longer waste energy. See Paul G. Cassell, In Defense of Victim Impact Statements, 6 Ohio St. J. Crim. First, the effects of pre- or postsentencing incarceration on people can present unique challengers to the victim-offender reconciliation process. Victim Impact Statements provide crime victims and survivors with a deeply-needed opportunity to give voice to aspects of the pain and grief and anguish and anger that they have been enduring, mostly in silence, since they were impacted by the choices and actions of the offender who committed the crime. "The children saw things they should never see," she said in her victim impact statement. . "I give you my words here today, I give you my pain, I give you my flashbacks, panic attacks they are yours now. Inst., Tentative Draft No. Therefore, victims often weigh perpetrator-generated risks versus life-generated risks as they try to make decisions and find safety. [176]. [57] First, victim-offender reconciliation is integral to landmark revisions to the Model Penal Code geared to reduce prison populations. See James Cullen, The History of Mass Incarceration, Brennan Ctr. Just., Victim Impact Statement Brochure (2019), https://www.tdcj.texas.gov/documents/Its_Your_Voice.pdf [https://perma.cc/G8FY-YDGQ]. Between these stigmas and the widespread victim-shaming that occurs on a regular basis, its no wonder survivors have a hard time stepping forward and speaking out when they experience abuse. Support groups have repeatedly warned of the problem being passed down through generations, as children grow up to imitate their parents. Green & Lara Bazelon, Restorative Justice From Prosecutors Perspective, 88 Fordham L. Rev.

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