Term
What is the Standard of Proof in Juvenile Proceedings
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Definition
– Prior to 1970, standard was preponderance of evidence
– In re Winship however changed it to beyond a reasonable doubt
– This makes cases harder to prove for prosecutors
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Term
Confidentiality of Juvenile Court Proceedings in Transition.
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Definition
-Confidentiality of juveniles has ben decreasing due to Record-keeping.
-30 state have hopen hearings for juveniles (2005) |
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Term
| What affects Prosecutorial Decisoin Making? |
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Definition
-Juvenile system has been slow in case prcessing
-Case backlogs have sometimes attributed to prsecutor and judge work habits.
-Increases in juvenile cases. |
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Term
Time Standard in Juvenile Prceedings:
2 hours |
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Definition
| Between police referral and decision to detain |
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Term
Time Standard in Juvenile Prceedings:
24 Hours |
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Definition
| Between detention and petition justifying further detention |
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Term
Time Standard in Juvenile Prceedings:
15 days |
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Definition
| Between Police refferal and adjudication and final disposition (if youth detained) |
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Term
Time Standard in Juvenile Prceedings:
30 days |
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Definition
| Between police referral and adjudication and final disposition (youth not detained) |
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Term
| Reasons Why Juvenile Corut Proceedings Should Be Accelereated |
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Definition
-Adolescence is a critical period where youth may undergo changes
-if delayed, difficult for youth to accept punishmetn.
-Small percentage of cases that are serious.
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Term
Facts:
Public Defenders for Juveniles Influence courts by... |
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Definition
- Great procedural formality in appointing public defenders
-- Presence of attorney in proceedings make them less informal
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Term
| Problems with Public Defenders |
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Definition
-Limited resources
-Growing caseloads for public defenders |
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Term
| Speedy Trials for Juveniles |
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Definition
-no federal constitutional right for juvenile
-Standards vary among juristiction
-longer in the system more likely to come back. |
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Term
| Defense Attorney for Juveniles |
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Definition
| Safeguard Juvenile rights/treatments |
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Term
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Definition
-Gardians appointed by coruts to represent youth, ward, or unborn person
-In some cases it is the defence attorney.
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Term
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Definition
| Admit to guilty for lesser punishment. |
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Term
| Parents in Juvenile System |
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Definition
| -Usually make matters worse. |
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Term
| Dealing with cronic Offenders |
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Definition
-Mandatory group therapy
-expedited hearins, close monitoring, sepperate from other offenders.
-Continuous counseling, long-term secure confinment. |
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Term
Blended Sentencing Statutes:
Juvenile - Exclusive Blend |
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Definition
| -Adult facility or a juvenile facilitty sentencing |
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Term
Blended Sentencing Statutes:
Juvenile-Inclusive Blend |
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Definition
-Juvenile will start in juvenile detention center and then goes to adult detention when of age.
-(sometiems prisons can be suspended for good behavior) |
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Term
Blended Sentencing Statutes:
Juvenile-Contiguous Blend
(only in some states) |
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Definition
-Juvenile judge has right to impose some sentence beyond the age of 18
-Then another hearing is given to offenders. |
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Term
Blended Sentencing Statutes:
Criminal-Exclusive Blend |
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Definition
| -Criminal judge decides to send ether to adult or juvenile facility. |
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Term
Blended Sentencing Statutes:
Criminal-Inclusive Blend |
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Definition
-Juvenile sent to both places
-may start in juvenile and then goes to adult.
-sometimes prison will be suspended based on behavior. |
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Term
As of 2008 # of status offenders:
Runaways |
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Definition
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Term
As of 2008 # of status offenders:
Truancy (skipping school) |
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Definition
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Term
As of 2008 # of status offenders:
Ungovernability |
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Definition
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Term
As of 2008 # of status offenders:
Liquor laws |
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Definition
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Term
As of 2008 # of status offenders:
Other Miscellaneous Status offenses |
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Definition
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Term
As of 2008 # of status offenders:
% that was Adjudicated |
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Definition
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Term
Juvenile Delinquency Dispositions:
number of cases in 2008 |
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Definition
-2008 2.2 million delinquency cases
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Term
Juvenile Delinquency Dispositions:
% had formal adjudications |
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Definition
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Term
Juvenile Delinquency Dispositions:
probation / other conditional releases |
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Definition
of the 60%
1/2 recieved probation / etc. |
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Term
Juvenile Delinquency Dispositions:
% waived to adult court |
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Definition
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Term
Juvenile Delinquency Dispositions:
% to secure detention |
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Definition
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Term
Juvenile Delinquency Dispositions:
% placed in residential facility |
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Definition
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Term
| What is a juvenile transfer |
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Definition
Movement of a juvenile to another juristiction
(ex: adault court) |
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Term
| Ideal Characteristics for Justifying Transfers |
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Definition
-Age, offense seriousness, and prior record
-those transfered should be chronic, persistent, and violent offenders |
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Term
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Definition
| -offers in a particular age range who committed a particular type of offence will be automatically transferred to adult court. |
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Term
| Why property offenders get transferred? |
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Definition
-most are chronic offenders
-some exceed max number of adjudications
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Term
Types of Waivers:
Judicial- Discretionary |
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Definition
| -Discression of the judge |
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Term
Types of Waivers:
Judicial - Mandatory |
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Definition
| -Set up laws what to do with juvenile. |
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Term
Types of Waivers:
Judicial - Presumptive |
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Definition
| -present evidence that shows they should be in juvenile court |
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Term
Types of Waivers:
Direct File |
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Definition
| -Prosecutor has sole authority to decide criminal/juvenile court. |
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Term
Types of Waivers:
Statutory Exclusion
(AKA:Legislative Waiver) |
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Definition
-Automatically excluded from juvenile court due to offence.
-Also age |
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Term
Types of Waivers:
Demand Waivers |
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Definition
-Juveniles request waiver for jury by trial.
-due to serious charges
-Sympathy from jury. |
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Term
Types of Waivers:
Reverse Waivers |
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Definition
| -Transfer back to juvenile court by criminal court. |
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Term
Types of Waivers:
"Once an Adult Always an Adult" |
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Definition
| -once a juvenile is tried in a criminal court, can no longer go to juvenile court. |
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Term
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Definition
| -Determine whether sending juvenile to criminal court is just. |
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Term
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Definition
| -Sending a juvenile back to juvenile court |
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Term
| Benefits from Juvenile Court Adjudications |
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Definition
-Civil not criminal
-Less Likely to recieve Incarceration
-More lenient
-public sympathy in juvenile system
-life inprisonment/death penalty not option |
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Term
| Unfavorable Implications of Juvenile Court Adjudications |
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Definition
-Discretion for lenghty sentences
-no jurry by trial
-Under-penalized offenders
-Juveniles have less rights |
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Term
| Many Jurisdictions, secure confinement is... |
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Definition
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Term
Death or serious injury to 1 or more victims is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Offense committed while waiting other delinquency charges
is...Aggravating/Mitigating circumstanc? |
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Definition
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Term
Offenses committed while on porbation, parole, work release
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Prior record
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Leadership in delinquent acts
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Violent offence involving 1 or more victim
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Extreme Cruelty
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Use of a dangerous weapon
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
No serious body injury involved
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
No attempt to inflict serious bodily injury
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Duress or extreme provocation
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Circumstances that justify the conduct
(EX: self defence)
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Mental incapacitation or physical condition that reduce culpability
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Cooperation with authorities
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
No prior record
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
Youthfulness
is...
Aggravating/Mitigating circumstanc? |
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Definition
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Term
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Definition
| Assesments done to see if juvenile is ready to go back to the community. |
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Term
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Definition
| Assessment on what services the juvenile needs when released into the community. |
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Term
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Definition
| Incarcerating those believed to be dangerous, while freeing those believed not to be dangerous. |
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Term
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Definition
| predicted to be dangerous but juvenile is not a threat |
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Term
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Definition
| Predicted not to be dangerous but juvenile is a threat. |
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Term
| Collective Incapacitation |
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Definition
| Everyone gets incarcerated. |
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Term
| Problems with Selective Incapacitation |
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Definition
-Measures of dangerousness are imperfect
-False positive / False negative similar
-No risk instrument is demonstrably valid |
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Term
Types of Risk Assessments:
Anamnestic Prediction |
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Definition
| -Uses past sets of circumstances to predict future behaviors |
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Term
Types of Risk Assessments:
Actuarial Prediction |
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Definition
| -Youthfull offenders are compared with former offenders |
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Term
Types of Risk Assessments:
Clinical Prediction |
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Definition
| -Professional assessmetns of diagnostic examinations to predict future behaviors |
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Term
| Elements of Risk Assessmetns |
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Definition
-Age
-Priors
-Drug/chemical abuse
-Family problems
-School problems
-Peers |
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Term
| Preparation of Predisopsition Reports |
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Definition
-Makde by prbation officer
-Informs judge of juvenile's background
-Made for early release |
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Term
| Reasons for Predisposition Reports |
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Definition
-Provides judge with juvenile progress
-Helps point out offender's needs
-Positive factors of rehab.
-Gives judge offender's treatment history |
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