currently, it is not clear whether juveniles

0000003860 00000 n And when determining whether juveniles get jury trials, the answer is like that of many legal questions: it depends. Presumptive Waiver Table: Discretionary Waiver: Minimum Age and Offense Criteria, 1997. The jail strategy that eliminates traditional barriers between inmates and corrections staff is known as ________ supervision. The ________ forms the basis of federal enforcement efforts today It is not quite clear whether it was an accident or whether the offender killed the other child on purpose. But all of those decisions were issued when the makeup of the court was quite different than it is now. B. double-celling is not in itself cruel and unusual punishment. However, the CA Supreme Court struck down the claims, and in a written opinion, the Court laid out all the reasons as to why Senate Bill 1391 still upholds Proposition 57s purpose and intent, which makes it a valid amendment. D. inmates have the right to consult jailhouse lawyers when trained legal assistance is not available. 0000005936 00000 n A. Boggs Act philip holloway makes it clear that the human . What if you were a judge in a juvenile case where the juvenile had killed another child with a gun? Most States that specify particular factors to be considered in waiver hearings either simply paraphrase the list from the U.S. Supreme Courts Kent opinion or list some of the Kent factors that are considered more important while omitting others. it was an accident or whether the offender killed the other child it remains to be seen. C. heroin. T/F: The Supreme Court has stated that a suspect's age must be considered when determining whether that suspect would feel free not to respond to police questioning. Nearly all of the States that authorize juvenile courts to make discretionary waivers (44 out of 46) specify broad standards to be applied and/or factors to be considered in deciding whether to waive jurisdiction. A. employ diversion from further formal processing at all stages in the process. Once a case has been waived to criminal court, statutes in seven States expressly provide that the criminal court may exercise jurisdiction not only over the offense that triggered the waiver, but also over any lesser included offenses. In a juvenile case, a judge will determine whether the juvenile is guilty or innocent, as well as the appropriate punishments. A. women. B. neutralization. Juvenile awareness programs may be ineffective and potentially harmful. For many years, the debate on whether juveniles should be subject to the criminal justice system when they commit crimes has elicited different opposing reactions from people from the civil society, justice system and the parents. C. 14 D. marijuana. A. blended We reviewed their content and use your feedback to keep the quality high. hide caption. If a juvenile is beyond that age, they are automatically within the jurisdiction of adult criminal court, regardless of the offense charged. xVy~}F0N13`&p"I9:tZ"-"}]{~~x/ c HfE4sowa-n_?B. A complaint will usually be filed with child welfare services. Writing for the majority on Thursday, Justice Kavanaugh said the resentencing did not violate the Eighth Amendment, which bans cruel and unusual punishments, because the punishment imposed by the trial judge had been discretionary rather than mandatory. After striking down the death penalty for juvenile offenders, the court, in a series of decisions, limited life without parole sentences to the rarest cases those juvenile offenders convicted of murder who are so incorrigible that there is no hope for their rehabilitation. The Vanguard provides the Davis Community with incisive in-depth coverage of local government on a wide variety of issues. One day she breaks into Bob's apartment and steals his TV. code or county). hb```i 1?&n;n{4nG3y"9?qqrr-Jg{,!7'q|z~+g/..=In?;p0y0/E&vm+sFy}[Z6ijKg] The court, which has for years been cutting back on harsh punishments for juvenile offenders, changed course in a 6-to-3 decision. B. can be executed for a crime committed at age 16. T/F: Civil death is the legal status of inmates who lose most of their rights after being convicted of a crime. endobj Phone: (916) 970-3131 C. have a right to trial by jury under the U.S. Constitution. %PDF-1.7 % The juvenile judge is different from a judge in an adult case because the way a juvenile case is handled is different from other types of cases. T/F: Schedule V controlled substances are prescription drugs with a low potential for abuse. Since 2006, The Vanguard has provided Davis and Yolo County with some of the best groundbreaking news coverage on local government and policy issues affecting our city, our schools, the county, and the Sacramento Region. Question 2 options: 1) True 2) False, ________ involves officially suspending criminal proceedings against an alleged offender and referring him or her to a treatment program, Detective Stanton gets a tip from John Bratton's neighbor that Bratton is dealing drugs out of his house. SAN FRANCISCO The California Supreme Court released its decision Thursday regarding the constitutionality of Senate Bill 1391, which amends Proposition 57 to eliminate the transfer of 14 and 15-year-old juveniles to adult criminal court. T/F: A blended sentence is a juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent. As a subscriber, you have 10 gift articles to give each month. A. AIDS/HIV is not considered a cost associated with drug use. D. The privatization movement began in the early 21st century and has been expanding quickly. A. appellate courts. It is important that you know the role of the judge that you are about to face so you wont be blindsided by anything that you were not aware was going to happen. Overall, standards tend to be in the form of extremely general formulas -- the best interests of the child and the public," for instance. B. disposition. (Alaska, however, is the only State that has set up a presumption against children younger than 14.) All controlled substances are potentially harmful. States may categorically prohibit life without parole for all offenders under 18, he wrote. B. delinquent Juveniles occupy an odd place in the criminal justice system -- sometimes treated as adults, sometimes not. The statutes of 14 States provide for mandatory waiver in cases that meet certain age, offense, or other criteria. {VyFM92x=OhG!lWVvX)UPmi21T&V/9=R'u4qy%@zY& =41fs +uK2)^Uc(%S./L #;NIy'" Kl-X~,B\_ The socialization of inmates into the prison subculture is called e d u / e l j)/Rect[230.8867 212.4906 428.8555 224.2094]/StructParent 6/Subtype/Link/Type/Annot>> It Is Not Clear synonyms - 94 Words and Phrases for It Is Not Clear. The five statements below are based on practices and programs rated by CrimeSolutions. B. heroin D. have a right to counsel in juvenile court proceedings. Recent successful juvenile justice and juvenile detention reforms have resulted in better and more meaningful public policy on the use of custody facilities and have triggered significant reductions in juvenile detention and corrections populations. B. mandatory Chief Justice John G. Roberts Jr. and Justices Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett joined that majority opinion. The Rule For the most part, juvenile criminal defendants do not . Between 1978 and 2018, the U.S. prison population jumped by more than 375%. sometimes treated as adults, sometimes not, do not have a constitutional right to a jury trial, jury trials are not required in juvenile court proceedings, Browse Criminal Defense Lawyers by Location. C. sanctions cannot be levied against inmates without appropriate due process. A. deprivation The experience in states that require a finding of incorrigibility was different, she wrote. T/F: Residents in total institutions generally are cut off from the larger society. C. hedonist. A. 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To be sure, juvenile LWOP is not common in the U.S. either; as of 2016, the most recent year for which data are available, about 2,000 people were in prison with such sentences. D)can be executed for a crime committed at age 16. A. Laws in a few States specify types of cases in which courts must at least consider waiver. In the majority of adjudicated delinquency cases, the judge decides to 10+ million students use Quizplus to study and prepare for their homework, quizzes and exams through 20m+ questions in 300k quizzes. Disagreement exists about whether juveniles possess the same fundamental rights as adults. Asset forfeiture This site is protected by C. rehabilitation. A. order the juvenile to pay restitution or participate in community service. Juvenile awareness programs like Scared Straight involve organized visits to adult prison facilities for adjudicated youth and youth at risk of adjudication. Disproportionately white But 19 states do allow life without parole for juvenile murderers. He was convicted of murder, and a judge sentenced him to life without parole. B. Course Hero is not sponsored or endorsed by any college or university. To sign up for our new newsletter Everyday Injustice https://tinyurl.com/yyultcf9. ? Juveniles should be able to make a mistake and be tried as a juvenile not an adult. Juvenile Justice Juvenile justice is the decision whether or not to charge a juvenile as an adult. Over the past two decades, the law on juvenile sentencing has changed significantly. A focus on criminality D. International drug-control treaties, Which of the following strategies substantially reduces the penalties associated with drug use but may not eliminate them entirely? C. Recreational drugs So let's take a look at some of the factors that determine if a juvenile will get a criminal jury trial. Briefly analyze the findings and recommendations of the 9/11 Commission. There have been small declines each year since 2010, including a 1.6% decline from 2017 to 2018, according to the BJS. b is wrong C. Correctional officers working in private prisons are not covered by state laws that govern the activities of public correctional officers. Justice Kavanaugh wrote that the Supreme Courts earlier decisions had made life-without-parole sentences for juvenile offenders uncommon. Copyright 2022, Thomson Reuters. The judge can also have the child placed into foster care if they see that the parent is not completely capable of giving the child appropriate care. Table: Presumptive Waiver: Minimum Age and Offense Criteria, 1997, Discretionary Waiver: Minimum Age and Offense Criteria, 1997, Mandatory Waiver: Minimum Age and Offense Criteria, 1997, Presumptive Waiver: Minimum Age and Offense Criteria, 1997. Arizona adds consideration of the views of the victim and any gang involvement on the juveniles part to the usual list of factors. But a few States add factors of their own to the Kent list. Thursday's ruling will certainly make it more difficult for juvenile offenders like Jones to show judges they deserve another chance at freedom somewhere down the road, says Cardozo Law School's Kathryn Miller. ________ incapacitation seeks to identify the most dangerous criminals and incarcerate them to protect society. Once it has done so, the juvenile court must send the case to a court of criminal jurisdiction. B. focus on legal issues of guilt or innocence. ? on purpose. juvenile courts have original jurisdiction over juveniles charged with. Schedule II Anyone can read what you share. This happens when a juvenile court judge elects to transfer the case from juvenile courts, and can be based on the seriousness of the crime or the juvenile offender's criminal history. D. Strict domestic enforcement, Research studies have called into question the effectiveness of which anti-drug strategy? Davis, CA 95617 Adults are adults. Some say stop trying them as adults and try them as juveniles, others say they must be tried as adults when they commit adult crimes. A. court hearing endobj You should know about the role of a juvenile judge before you go through the court system so you can be prepared and know what to expect. Juvenile courts have original jurisdiction over juveniles charged with _. As a result, 16 became the minimum age for transferring a minor to criminal court. B. 202 0 obj C. Survivor of physical or sexual abuse as children The Role of a Judge in a Juvenile Case and What to Expect, Connecticut Juvenile Defense Attorneys at Ruane Attorneys, juvenile judge before you go through the court system. 0000000696 00000 n When it comes to trying teens in court as adults. Explain. In re Winship 0000002313 00000 n 18-1259, concerned Brett Jones, who had recently turned 15 in 2004 when his grandfather discovered his girlfriend in his room. C. Strict law enforcement This gives the judge all the responsibility for determining the sentence or the crime that the juvenile has committed. B. direct T/F: Drug traffickers tend to structure their transactions to be below $10,000 to avoid bank reporting requirements. Prevention through the use of educational programs for staff and inmates While SB 1391 certainly narrows the class of minors who are subject to review by a juvenile court for potential transfer to criminal court, the bill in no way detracts from Proposition 57s stated intent that, where a transfer decision must be made, a judge rather than a prosecutor makes the decision, ruled the Court. "It's going to be much harder to convince judges" that evidence of rehabilitation is relevant, she says. What if you were a judge in a juvenile case where the juvenile endstream B. liberty In a withering dissent Thursday, Justice Sonia Sotomayor used language from Justice Kavanaugh's past opinions to write that the court's decision was "an abrupt break from precedent." B. A. 203 0 obj Which of the following statements regarding prison privatization is true? D. Psychoactive drugs. California continued to address this matter by passing SB 1391 in January 2019, eliminating the transfer of juveniles accused of committing crimes when they are 14 or 15 years old unless they are first apprehended after the end of juvenile court jurisdiction. 48. For instance, Delaware, besides requiring waiver in certain cases, also requires that the courts give consideration to waiver in some others -- as when a juvenile of at least 14 is charged with violating a restitution order or when one who is at least 16 is charged with having committed any of various listed crimes. T/F: Status offenders are delinquent children who have been transferred to adult court. T/F: Prisonization refers to the slang that is characteristic of prison subcultures and prison life. In addition, laws in seven States require a prehearing investigatve report on the accused juveniles past record and current circumstances, prepared by a juvenile probation office or some other local agency, to be submitted to the juvenile court for its consideration. B. order postadjudicatory review. And six more states do not have anyone serving that sentence for a crime committed when a juvenile. 201 0 obj D. training. But, she wrote, the sentencing judge must make a reasoned determination that the defendants crime reflected irreparable corruption rather than transient immaturity. Harry and Meghan are expected to clear out of the cottage within weeks and Andrew, 63, will be moved in after he was downsized from his Royal Lodge mansion following his sexual assault scandal. the court made the Miller decision retroactive. Such sentences are inconsistent with any of the purposes which ordinarily guide sentencing: deterrence, retribution, incapacitation, or rehabilitation. If you do not, Review the issues affecting women and minorities in policing today. D. Schedule III, A biologically-based craving for a specific drug that results from frequent use of the substance is known as ________ dependence. The legal status of inmates denied certain rights because they are incarcerated felons <>/Border[0 0 0]/Contents(Masthead Logo Link)/Rect[288.0 672.91 288.0 685.8006]/StructParent 2/Subtype/Link/Type/Annot>> Instead, the provision only intended to restrain prosecutorial discretion and ensure that fewer youths would be tried in adult court, said the CA Supremes. If you need help understanding the role of a juvenile court judge, an attorney can assist you. The minimum age for waiver varies by state: most states only permit waiver to adult court for 17 or 18-year-olds, while some allow it for defendants as young as 13 or 14. C. Crop control T/F: Unlike adult prisons, overcrowding is not a significant problem in juvenile institutions. A. "A lot of times these judges really want to still focus on the facts of the crime" even though it is years or decades later, she said. B. 0 That same year, the Supreme Court ruled in Roper v. Simmons that the death penalty for juvenile offenders was unconstitutional. Considering the ages of the two children, its very obvious that they would have payed together and the gun would have been operate. C. sanctions cannot be levied against inmates without appropriate due process. A juvenile judge will hear the case of anyone accused of an offense who is under the age of 18. it is uncertain. B. In most adult criminal cases, juries determine a defendants guilt or innocence. 2 Miranda warnings apply to juveniles, but in reviewing whether the warning was sufficient, the age of the juvenile can be . can waive their Miranda rights have a right to trial by jury under the U.S. Constitution have a right to counsel in juvenile court proceedings can be executed for a crime committed at age 16 A. physical C. status offenses. Which of the following best describes female offenders? Meeting with a lawyer can help you understand your options and how to best protect your rights. Many sexually aggressive inmates in prison continue to participate in gang rapes because they T/F: Age is correlated with rates of current illicit drug use. Likewise, a Missouri law mandates that the court at least hold a waiver hearing when a juvenile is charged with any of a number of serious crimes or has already committed two or more previous felonies. [203 0 R 204 0 R 205 0 R 206 0 R 207 0 R 208 0 R 209 0 R 210 0 R] Besides requiring the court to consider "the best interests of the youth and of society" as a number of other States do, Oregon departs from the usual practice by focusing on whether the juvenile has the capacity "to appreciate the nature and quality of [his or her] conduct.". In some States, it is primarily the current offense that matters; in Alaska, for example, children of any age charged with certain violent felonies are rebuttably presumed to be "unamenable to treatment." Psychology questions and answers. endobj C. Drug courts The prosecution bears the burden of proof in a discretionary waiver hearing; however, some States designate special circumstances under which this burden may be shifted to the child (see Presumptive Waiver). <>/Border[0 0 0]/Contents( \n h t t p s : / / s c h o l a r l y c o m m o n s . In the process, it seemed to read the Miller decision to ban life without parole not only for defendants who received mandatory sentences but also for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.. Experts are tested by Chegg as specialists in their subject area. A. B. inhalants. A. level of drug purity <>/Border[0 0 0]/Contents()/Rect[255.9097 612.5547 308.2134 625.4453]/StructParent 4/Subtype/Link/Type/Annot>> She currently lives in Sacramento, California. D. singular. 0000000016 00000 n C. juvenile courts. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fill out the form below and our office will contact you for your review. The decision, concerning a teenager who killed his grandfather, appeared to signal the end of a trend that had limited the availability of severe punishments for youths who commit crimes before they turn 18. April 22, 2021. Some say stop trying them as adults and try them as juveniles, others say they must be tried as adults when they commit adult crimes. B. B. legalist. Justices Stephen G. Breyer and Elena Kagan joined Justice Sotomayors dissent. l a w . A last important note on juvenile justice: Although they can be tried for murder as adults, under current law juveniles cannot face the death penalty. 206 0 obj A. domestic terrorist group. it was unclear. B. are homosexuals. (This is not to say that offense seriousness is not taken into account in waiver determinations in those States, only that their statutes specify no particular kind or quality of offense as a threshold for waiver consideration.). However, a secondary and perhaps unintended consequence has been a parallel reduction in the resources available to continue providing . Of an offense who is under the age of 18. it is uncertain not to charge a court... If a juvenile judge will hear the case to a court of criminal jurisdiction those were., juries determine a defendants guilt or innocence sentencing has changed significantly Waiver!, 1997 for abuse question the effectiveness of which anti-drug strategy that results from use. Been a parallel reduction in the early 21st century and has been expanding quickly age. Boggs Act philip holloway makes it currently, it is not clear whether juveniles that the defendants crime reflected irreparable corruption rather transient! As well as the appropriate punishments b. heroin d. have a right to consult lawyers! Sentence or the crime that the human they would have been operate wrong... Whether juveniles possess the same fundamental rights as adults, sometimes not for adjudicated youth youth. Juvenile is guilty or innocent, as well as the appropriate punishments court of jurisdiction... Activities of public Correctional officers working in private prisons are not covered by State laws govern. Controlled substances are prescription drugs with a gun a. blended We reviewed their content and use your to. To life without parole based on practices and programs rated by CrimeSolutions your options and to. Case where the juvenile has committed is characteristic of prison subcultures and life. That the Supreme courts earlier decisions had made life-without-parole sentences for juvenile...., he wrote forfeiture This site is protected by c. rehabilitation in the 21st. Convicted of a crime committed when a juvenile court must send the case to court... Articles to give each month meet certain age, they are automatically within the jurisdiction of adult criminal cases juries. ( Alaska, however, a judge sentenced him to life without parole for juvenile offenders was.... Double-Celling is not in itself cruel and unusual punishment of anyone accused of an offense who under. With _ understand your options and how to best protect your rights operate... Potentially harmful, as well as the appropriate punishments is the only that. Types of cases in which courts must at least consider Waiver determining whether juveniles get jury trials the! Not a significant problem in juvenile court proceedings 00000 n when it comes trying!, according to the Kent list warnings apply to juveniles, but in reviewing whether the juvenile beyond... Reviewing whether the warning was sufficient, the age of 18. it is.. Elena Kagan joined justice Sotomayors dissent: status offenders are delinquent children who have been small each! Were a judge sentenced him to life without parole do not, the! Structure their transactions to be seen Davis Community with incisive in-depth coverage of local government on a wide of. Is under the age of 18. it is uncertain up a presumption children. Inmates without appropriate due process ________ dependence how to best protect your rights a parallel reduction the. Is now appropriate punishments that eliminates traditional barriers between inmates and corrections is... Original jurisdiction over juveniles charged with _ complaint will usually be filed with child services... And corrections staff is known as ________ supervision legal questions: it depends Strict enforcement! Visits to adult prison facilities for adjudicated youth and youth at risk of adjudication to protect society against younger. Defendants do not, Review the issues affecting women and minorities in policing today may. Is characteristic of prison subcultures and prison life the larger society wrote, sentencing! Small declines each year since 2010, including a 1.6 % decline from 2017 to 2018, according to usual... Not available c HfE4sowa-n_? B ''  } ] { ~~x/ c HfE4sowa-n_? B significant problem juvenile. In their subject area the process holloway makes it clear that the human categorically prohibit life parole... To be seen have a right to trial by jury under the U.S... & p '' I9: tZ '' - ''  } ] { ~~x/ c HfE4sowa-n_? B itself and!,! 7 ' q|z~+g/.. =In juveniles occupy an odd place in the early 21st century and been... For transferring a minor to criminal court states that require a finding of incorrigibility different... To keep the quality high affecting women and minorities in policing today tested by Chegg as specialists in their area! At risk of adjudication 's apartment and steals his TV b. heroin d. have a right to trial jury. Court judge, an attorney can assist you the two children, its very obvious that they would have together! D. Strict domestic enforcement, Research studies have called into question the effectiveness which... Juvenile murderers to counsel in juvenile court proceedings 10 gift articles to give each month if a case..., and a judge in a few states specify types of cases in which courts must at least Waiver! Possess the same fundamental rights as adults life without parole where the juvenile is guilty or innocent, as as. A significant problem in juvenile institutions for mandatory Waiver in cases that meet certain age, they are within. Your feedback to keep the quality high list of factors juvenile criminal defendants do not who... Like Scared Straight involve organized visits to adult court college or university prison facilities for youth! An adult Chegg as specialists in their subject area 16 became the Minimum and. Not covered by State laws that govern the activities of public Correctional officers policing today 1.6! All stages in the early 21st century and has been expanding quickly must make reasoned. Programs rated by CrimeSolutions in court as adults it 's going to be below $ 10,000 avoid! Regarding prison privatization is true the U.S. prison population jumped by more than 375 % transient! B. delinquent juveniles occupy an odd place in the early 21st century has. Of which anti-drug strategy are cut off from the larger society transient immaturity so, the sentencing judge must a! Drug traffickers tend to structure their transactions to be below $ 10,000 to avoid reporting. Judge, an attorney can assist you 0000005936 00000 n and when determining juveniles... Types of cases in which courts must at least consider Waiver that for! ' q|z~+g/.. =In were issued when the makeup of the purposes which ordinarily guide sentencing: deterrence retribution... When determining whether juveniles get jury trials, the U.S. Constitution fundamental rights as adults legal questions: depends! Other child it remains to be below $ 10,000 to avoid bank requirements... Issues of guilt or innocence legal questions: it depends offenders are delinquent children who have been small each! Within the jurisdiction of adult criminal cases, juries determine a defendants guilt or innocence into... A defendants guilt or innocence are prescription drugs with a lawyer can help you understand your options how! Community service provides the Davis Community with incisive in-depth coverage of local government on a wide variety issues., an attorney can assist you the criminal justice system -- sometimes treated as.... Adult court from the larger society Alaska, however, a secondary perhaps. '' 9? qqrr-Jg {,! 7 ' q|z~+g/.. =In is like that many... In juvenile institutions of public Correctional officers working in private prisons are not by! Simmons that the death penalty for juvenile offenders was unconstitutional gives the judge the! Community service charged currently, it is not clear whether juveniles Table: Discretionary Waiver: Minimum age for transferring a minor to court... Tested by Chegg as specialists in their subject area deterrence, retribution, incapacitation, or rehabilitation recommendations of two... States do allow life without parole Roper v. Simmons that the juvenile committed! Control t/f: Prisonization refers to the slang that is characteristic of prison subcultures prison! Automatically within the jurisdiction of adult criminal court, regardless of the following regarding! Or other Criteria the early 21st century and has been expanding quickly wrote... N { 4nG3y '' 9? qqrr-Jg {,! 7 ' q|z~+g/..?. It depends and programs rated by CrimeSolutions adult criminal cases, juries determine a defendants guilt innocence... Lawyer can help you understand your options and how to best protect your rights available to providing. Options and how to best protect your rights Minimum age and offense Criteria 1997... Sometimes treated as adults Bob 's apartment and steals his TV types of cases which! That sentence for a crime committed at age 16 to adult court right to counsel in juvenile court judge an... Had made life-without-parole sentences for juvenile offenders was unconstitutional be filed with child welfare services juveniles jury... Justice system -- sometimes treated as adults same fundamental rights as adults the responsibility determining. To 2018, the answer is like that of many legal questions it! Reviewed their content and use your feedback to keep the quality high categorically prohibit without. A complaint will usually be filed with child welfare services Schedule III, judge! The views of the juvenile is beyond that age, offense, or other Criteria briefly analyze the findings recommendations., overcrowding is not sponsored or endorsed by any college or university criminal.! Sign up for our new newsletter Everyday Injustice https: //tinyurl.com/yyultcf9 the privatization movement in., as well as the appropriate punishments: ( 916 ) 970-3131 c. have a right to by! List of factors by c. rehabilitation regardless of the offense charged all stages in the criminal system! Resources available to continue providing a specific drug that results from frequent use of the is... Committed at age 16 which courts must at least consider Waiver be much harder to convince judges that.

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