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Crim 103- Boyanowsky CH 1-6 & Exam.docx

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Simon Fraser University
CRIM 103
Ehor Boyanowsky

CRIM 103 Chapter 1: What is a crime What is not? Example of Crime 1. Guy awakens and find masked guy in house carrying an object—shoots him. He is arrested for murder. Why? Where does he live?  In Canada, if murdering the offender, you can be arrested and put to jail.  Ian Thomas defended himself against three men wearing masks throwing Molotov cocktails at his house. He shoots his gun in the air, but he is arrested. Why?  In USA, if hurting the offender, you will go free due to the “stand your ground law in that state”.  In Canada, the law permits just enough force to halt the intrusion. If intruder carried a gun, you can shoot too. 2. Guy is about to be executed. He doesn’t understand as he did he same thing last week—rape, kill, pillage—and he was commended. What is going on?  There was war last week. There is a lack of communication through technology and he does not know it is now peace time 3. Young female lawyers demand pornography (violent and degrading material) be defined as obscene. In 2004, Janine Fuller-major purveyor of such material is given an honorary PHD by SFU  Luka Magnotta: a Canadian pornographic actor and model accused of killing and dismembering Lin Jun, a Chinese international student, then mailing his severed limbs to the offices of Canadian political parties and to elementary schools in another province. Also at the body parts.  The sale of hardcore pornography is legal in Canada to anyone over the age of 18 (or 19 in some provinces). Otherwise, such sales are prohibited. However, persons below that age may own or possess porn. Most hardcore pornography is sold in adult stores or on adult websites.  What is previous law on pornography? What is a crime against nature? Any sexual act that does not lead to reproduction. Eg: oral sex, masturbation, same sex, anal sex, prostitution, etc  2004, a book indicting the admins of George W. Bush written by environmental attorney Robert Kennedy Jr.  However in law, term refers to unnatural sex acts since 1814 in US  Most famous case, 1895 in UK – Oscar Wilde was sentenced two years at hard labor for engaging in affair with Lord Alfred Douglas (son of Marquess of Queensberry)  In some countries, homosexual acts are punishable by death o Crime against nature in North Carolina is death penalty o 2010 President of Malawi pardoned gay couple who married (normal punishment is death) Is there a consensus on what is a crime? Graeme Newman found: 1. Consensus among India, Indonesia, Iran, Italy, USA and Yugoslavia 2. Differences in severity of punishment for robbery, larceny (illegal acquisition of goods eg fraud), incest (canada: ok for consenting adult), factory pollution a. Minimum age for sex raised from 14 to 16. b. Cannot be gay legally until 18 3. Majority, except USA, advocated punishing homosexuality a. Each state in US has their own criminal code  Wilson and Herrnstein: crime Is breaking a law circumscribed in place and in time  Therefore horrific treatment by a dictator is not a crime, as long as they don’t break the criminal code of their country Mala in se vs Mala prohibita Mala in se: bad in itself  Eg murder, intentional homicide Mala prohibita  Crime because of the existence of a law Life versus choice and the intention to kill  Mt. Currie reserve sign: Respect All Life From Conception to Natural Death  Canada 1968 – 1988 o Early in Canadian history, all abortions were illegal. The Criminal Law Amendment Act, 1968 introduced by Pierre Trudeau, decriminalized abortion, as long as a committee of doctors signed off that it was necessary for the physical or mental well-being of the mother. o In defiance of the law Dr. Henry Morgentaler began performing abortions at his clinic without approval, on demand instead of the decisions of hospital boards. In 1973, Morgentaler stated publicly that he had performed 5,000 abortions without the permission of the three-doctor committees, even going so far as to videotape himself performing operations. o The Quebec government took Morgentaler to court repeatedly, and the juries refused to convict him despite his outright admission that he had performed many abortions.  This outcome is due to community standards. Referring to what the public will tolerate or not tolerate or what the public refuses to act on, despite the existence of the law. o In 1988, the Supreme struck down existing laws as unconstitutional. Then they attempted, but failed, to pass a new abortion law, and since then Canada has had no laws governing the subject. o Eg, Blasphemous Libel law (speak out against religion) last used in 1935.  USA: Roe vs Wade declared restrictions on abortion unconstitutional o Norma McCorvey (a.k.a. Jane Roe) , when pregnant with her third child, wanted an abortion, but it was illegal. She sought out two attorneys, Sarah Weddington and Linda Coffee, to help her in the fight against the Supreme Court, which began the Roe v. Wade battle. o On January 22, 1973, Jane Roe and her two atterneys took on Henry Wade, the district attoney of Dallas at that time, with one of the most debated topics in the United States, legalized abortion. At the same time in Georgia, the Doe vs. Bolton case was taking place where a childless married couple, the Does, were attacking the laws, requestng that the woman should have the choice to an abortion or not. As a result, the Supreme Court decided that Roe’s right to have an abortion fell under the Constitution's right of personal privacy. Laws against imbibing, ingesting, inhaling: mala in se or mala prohibita? Alcohol  Woman's Christian Temperance Union tried to eliminate alcohol from society  Prohibition: o Canada: PEI was the first to bring in prohibition in the 1900s, followed by other provinces. o US (1920-1933), national ban on the sale, manufacture, and transportation of alcohol.  Volstead Act set down the rules for enforcing the ban and defined the types of alcoholic beverages that were prohibited, 1920-1933 o Prohibition triggered one of the largest outbreaks of gang violence in US history as various mobs fought for their piece of the action in illegal sales.  The Bronfman family, notorious Montreal liquor producer and smuggler, made tremendous profits by shipping liquor into the US.  Some say Joseph Kennedy also sold alcohol legally during prohibition and made big money o Negative effects: effect on human health, reduce economic productivity, domestic dysfunction, abuse of women and children, traffic accidents and deaths and disease and general public disorder o Positive: social lubricant, disinhibitor and relaxant and esp red wine, even as a reducer of strokes, least evil compare to recreational drugs  Not an iota of research that suggest causal relationship between alcohol consumption and being aggressive Heroin  Opium Wars: disputes over between China and the British Empire. o British brought loads of tea and goods from china and gave them opium in exchange. The Chinese government did not like what opium did to its people so they outlawed it in 1839. But they were forced by the British in two wars in the mid 1800s to allow its importation from British India.  Heroine was marketed as “nonaddictive wonder drug”, Bayer’s H, and widely used by society matrons to be in a state of melancholy, and reduce “hysteria”. Morphine, a derivative, was developed as a pain killer in approximately 1810. It was considered a wonder drug because it eliminated severe pain associated with medical operations or traumatic injuries. It left the user in a completely numb euphoric dream-state. o In 1895, the German drug company Bayer marketed diacetylmorphine as an over-the-counter drug under the trademark name Heroin  Mackenzie King (PM of Canada) made it illegal  1919 made illegal in US  Heroin was a demon drug because lab rates would keep taking it and abstain from food until they died  Rat Park: Bruce Alexander (SFU): park rat vs cage rat. Park rat stopped taking morphine even though physically dependent o Alexander's hypothesis was that drugs do not cause addiction, and that the apparent addiction to opiate drugs commonly observed in laboratory rats exposed to it is attributable to their living conditions, and not to any addictive property of the drug itself. He said prior experiments in which laboratory rats were kept isolated in cramped metal cages, tethered to a self-injection apparatus, show only that "severely distressed animals, like severely distressed people, will relieve their distress pharmacologically if they can." o Het set up an experiment wherein all rats were made physically dependent on morphine. Half ot eh subjects were left in the single cages and kept taking morphine. The other half were placed in Rat Park where they could fight, reproduce, build nests, establish social network. These rates topped taking morphine despite its continued availability and demonstrated how social circumstances and opportunities trump physical addiction and dependency.  Prohibition of heroin then marijuana and other drugs defueled second major crime wave in North America into Canada, Us and most virulently Mexico. Marijuana:  Mark Emery- serving a five year sentence in a US federal prison for selling cannabis seeds to US  History of Demonization: alcohol, heroin, crack cocaine, crystal meth, marijuana, tabacco (timeline)  Prohibition of dangerous drugs cultivates more crime than it prevents.  No one kills anyone over alcohol except where it is illegal in areas such as Nunavut  It is illegal to possess alcoholic beverages without a permit in hopes of reducing epidemiological effects but prohibition has made bootlegging remarkably profitable. This suggests that drugs wherever illegal, are rendered only mala prohibita.  Legalization of all drugs: Portugal in o Contrary to commonsense and moralistic analyses, o there has been a decrease in the use of drugs by its young people o a drop in HIV-AIDS and in injection drug use. o Decrease in the rate of violence associated with drug trade, following the trend set when alcohol prohibition was revoked. o Hence, significant harm reduction. o Addicts still addicted but had cleaner drugs and were under medical care  Canada – cannot force addicts into treatment Mala in se based on Religious Beliefs  Religion is a basis of mala in se. If an action is against God’s words/will, it should not only be declared a sin but a crime. Thus, devotees turn to their holy scriptures to align themselves against a certain behavior or group.  In a radio show, Dr. Laura Schlesinger opposes homosexuality based on being Orthodox Jew. According to Leviticus 18:22, homosexuality is an abomination and cannot be condoned under any circumstances.  An anonymous response was made on the internet to Dr. Laura o Mocking her with real evidence  Owning slaves? Selling daughter into slavery? Burning bull on alter? Approaching alter of god with defect in sight? Getting hair trimmed around their temples – kill them? Touching skin of dead pig – on football? Wearing garments of two different kinds of thread? o If you use the scriptures to determine what is a crime, shouldn’t you abide by them all rather than picking and choosing? o People judge others base on their own religious beliefs o Hard to make legal system base entirely on any religious book CRIM 103 Chapter 2: A 3 Dimensional Dynamic Model for Analyzing Crime 1. Violence: amount of Energy or Force released or exerted.  May not be negative or intentional.  Eg. Storm/earthquake/volcano is violent and destructive, but unless we believe in God’s warth, we do not think it is intentional  Eg. Child birth is violent too, producing pain/injury/death to mother and child but its purpose is to produce life rather than destroy it.  no 1 cause of death to infants/women in history is giving  Eg. Sex is violent, involving considerable force, without harming the participants  Always try to eliminate violence but it is everywhere. Violence is scary, but should not be eliminated, should regulate and control  Difference between a legal body check and “Bertuzzing” someone. (Hockey)  Bertuzzing: drive into someone from behind and into the ice intending to inflict pain/injury.  Eg Todd Bertuzzi of Canucks did this against Steve Moore in an NHL hockey game. He was charged with aggravated assult, and Moore was neck broken and ended his hockey career.  Assault: Any contact with somebody (even a shoulder touch)  Aggravated assault: intention to harm contact. 2. Intention to harm:  If violence is high but intention is low (eg in a grand mal seizure), one could not make the person having a seizure criminally responsible for any injury or damage he makes.  If someone is throwing a tantrum, pounding their fist, it is only regarded as aggressive if they hurt someone or damage property.  If they lost their mind, (eg Vincent Li who killed and ate his victim) could not be held criminally responsible, despite the rage of family/public.  Vincent Li: murdered, decapitated and ate parts of his victim Tim Maclean, on the Greyhound bus crossing the Canadian prairies.  Using illness to excuse murder. He was hearing voices.  Combination of violence AND intention = “aggressive act”  Sometimes there is intention but no violence. Eg Poison: A women took in boarders and took care of them, fed them, but secretly poisoning them over time, slipping arsenic into the meals, with no pain or discomfort, in order to collect their pension checks. 3. Harm done:  When shooting or hitting or driving a car deliberately at someone, the force used renders it a violent crime.  If a man shoots into a crowd but harms no one, he will get a lesser sentence than someone who manages to kill someone.  If a gun bearer whose firearm discharges accidentally, it is a 10 violence, 0 in intention, so even if he killed someone he would not be responsible for murder. Perhaps be charged with manslaughter, if any possibility of intending harm could be found.  Hurting a victim during hunting could avoid prosecution for murder. Example: former Vice President Dick Cheney shot his companion.  German Singer, Nadja Benaissa, charged with causing harm for having sex with three men even tho she knew she was HIV positive. One developed AIDS. 4. Knowledge or conscious awareness:  One is incapable of knowledge or conscious awareness if suffering from a mental illness * Sometimes crime is hard to detect unless there is a violent event: eg explosion and burning of BP Deep Horizon oil platform in the Gulf of Mexico in spring 2010. Also hard to prove mensa rea, the degree of intention in the incident’s occurrence. Plotting a 3 dimensional model of crime  Murder by poison o Force energy = 0 o Harm done = 10 o Intention = 10  Murder with gun o Force = 10 o Harm = 10 o Intention = 10 o Maximum: that’s why cause so many attention in society  Manslaughter with gun o Force = 10 o Harm = 10 o Intention = 5 (accident 2? Reckless 7?)  Manslaughter with vehicle o Force = 10 o Harm = 10 o Intention = 0 Calculating the gravity of Crime Knowledge Reifying Force-Intention-Harm – K(F+I+H): the nature and structure of crime: a multidimensional model Culpability = knowledge (0-10) x [force(0-10) + intention (0-10) + harm done (0-10)] C = K(F+ I + H)D  Vincent Li 0 x [10 + 10 + 10] = 0 – do not know about his mental illness  Nadja Benaissa 10 x [ 1 + 1 + ~5] = 70 – HIV spreading girl  Poisoner 10 x [0 + 10 + 10] = 200  Shooter 10x [10 + 10 + 10] = 300  Polluter K=0 or a multiple of K~5x [(1-10) + (1-10) + (1-10) xD] o D for Dissemination of toxins to multiple people. Ie exponential harm done. D= 1 to infinity o Death by pollution, which never attracts the same severity of penalty because it is little violence, even tho harm done is high, intention becomes very difficult to define  In a religious society, abortion would score ~250. In a feminist society it is not computed at all, as they believe it should be legal.  This analysis suggests the son was wrongfully executed as he had no knowledge of the ceasefire that had been declared. CRIM 103 Chapter 3: Nature of Criminality  Is it evolution, genetics, pathology or purely social factors that produce the criminal?  Letter to the New York Times in 1910, against Cesare Lombroso’s theory of criminal man o No “born criminals”, everyman is a potential criminal  Although letter was 1910, the debate rages on: are people born criminals so not responsible for breaking the law, or does the environment create the conditions and shape the behaviors?  Are some of lower moral functioning so can’t tell what is right or wrong  Are some mentally ill and can’t be held responsible nor allowed to move freely in society?  Actus reus = mere physical criminal act  Mens rea = a criminal intent to a criminal act (none in Vincent Li case) Case studies of criminals 1. The Prince Rupert sailor’s son. a. Son in jail for taking a man hostage, beating and robbing him. Second identical offence. Lengthy record of criminal offences. Wild temper, sweet talk people and explode if it doesn’t work. Kicked out of school. Never lacked love from parents, but threatened parents and stole many things so has been kicked out of home. Psychiatrist says he is a psychopath. 2. Ed Gein a. Quiet, polite, now a patient in Wisconsin State Hospital. Others regarded him as odd but harmless, as he lived in ramshackle farmhouse, did handy man jobs, babysat children. Until disappearance of owner of local hardware store, police found her strung up and eviscerated like a deer at his barn. His house contains items made of human skin, armchair made of human arms, jars of nipples, vaginas, etc. 3. Vincent Li a. computer programmer who murdered decapitated and ate part of Tim Mclean on the Greyhound bus b. He didn’t know this victim, but his internal voices urged Li to kill the victim before he kills him back. 4. Dr. Nagatomi Hakudo a. a former Japanese solider (now doctor) who participated in the Rape of Nanking Created a shrine in memory of the massacre as a means of personal redemption b. referring to the slaughter of 250,000 Chinese by Japanese soldiers in 1937  W.C. Taylor 1910, Everyone is a criminal, but some choose not to act out due to personal moral standard, or fear of punishment by law. “General deterrence”. o Basic idea behind the classical school thinking (Cesare Beccaria) o Punishment is the key to severity of crime  By contrast: Sigmund Freud says what is manifested is dependent upon how the child is socialized and overcome crises at crucial stages of psychosexual development.  Taylor objected Lombroso’s born criminal theory because he believe people have “free will”, the notion of mens rea, people is capable of forming the intent to kill and proceed rationally.  Opposing view is “determinism”, arguing that if we can find all origins and factors to a person’s action, we can predict their behavior in the future. Three broad types of theories that explain the development of criminality  Biological and biogenetic  Deevelopmental/ogysocological theories  Sociological theories  p.21 Biological and Biogenetic approaches to the Explanation of constitutional criminality  A person’s Constitution: elements, structure, forces, predilections and characteristics, mental and physical, that make up the way they are constructed and function  Genetic and inherited: eye color and body morphology (build). o Most recently, Monamine oxidase (MAO), has been found related to delinquent behavior.  Genetic but not inherited: cerebral hemisphere dominance: in utero traumatic experiences where toxins +and other stresses that at an early stage alter a developing embryo. Eg X-rays o Thalidomide, anti-nausea drug give to pregnant women that resulted in deformities in children. o Alcohol – fetal alcohol syndrome o XYY supermale chromosomal configuration associated with criminality in some males  Not genetic or inherited: caregivers’ treatment, schooling, religion, training. o Freud say at beginning of latency period is when aggression and violence for normal child lies dormant until puberty. CRIM 103 Chapter 4: Historical Biogenetic Explanations of Crime Lombrosian Theory  Polymath: extraordinary individual whose interests spanned art, medicine and science  He believed in an amazing time, where gathering data was a passion o Eg Charles Darwin – theory of natural selection – saying there is no grand design in nature, only many are thrown out by evolutionary forces and that those that function well in their environment survive. o Eg Auguste Comte: science’s job is to gather as many positive examples as possible (empirical science)  Lombroso observed fractious soldiers who had tattoos, physical and physiognomic (facial)  And physiological anomalies. Criminals were throwbacks to more savage races  Dismissed by modern criminologists until they looked more closely at his writing which had been translated entirely into English  Mary Gibson and Nicole Rafter did that in 2010 and discovered a giant intellect, a liberal turned socialist, promoted of women’s, criminals’, and immigrants’ rights.  Lombroso’s Theory: 33 perfect of criminals have inherited cognitive-emotional deficits that lead to violent behaviors. Significant percentage can be identified through facial features. However he admitted that most criminals commit crimes due to passion, insanity, or situations. o Passion: elevated emotional outbursts o Insanity: not being able to distinguish between reality and delusion o Rational insanity: rational beings who feel no compunction about lying, cheating or harming others/breaking law.  Lombroso’s 3types of criminal: o Borth with inherited cognitive-emotional 33-35% eg diasease o Occasional o Insane “Ontogeny recapitulates phylogeny” Ernst Haeckl: German biologists coined the term  Ontogeny is the course of development of an organism from fertilized egg to adult; phylogeny is the evolutionary history of a group of organisms. The phrase "ontogeny recapitulates phylogeny" originated with Ernst Haeckel (1834-1919). It means that as an embryo of an advanced organism grows, it will pass through stages that look very much like the adult phase of less-advanced organisms. For example, at one point each human embryo has gills and resembles a tadpole. Although further research demonstrated that early stage embryos are not representative of our evolutionary ancestors, Haeckel's general concept that the developmental process reveals some clues about evolutionary history is certainly true. Animals with recent common ancestors tend to share more similarity during development than those that do not. A dog embryo and a pig embryo will look more alike through most stages of development than a dog embryo and a lizard embryo, for example.  Definition: “Development of an individual reproduces the course of evolution so that we begin as simple amoeba-like embryos, then aquatic animals in the womb, then amphibians, and then air breathing four-legged land creatures and finally two-legged primates and progress from there. “  Lombroso says the “criminal man” suffers from atavism (throwbacks to earlier human form and so have less socialized general behavior).  Or suffers from degeneracy: antisocial behavior caused by diseased genes, affecting neuropsychological functioning and is often manifested as epilepsy. (brain disorder with seizure) Research: 1. Two major early studies conducted by a. Charles Goring (1913) “The English Convict” / E.A.Hooton (1939) “American Criminal” b. Goring found that criminals were larger, stronger, bad tempered. High correlation between criminality and defective IQ, epilepsy, insanity, veneral diseases c. Hooton claims that criminals showed more anthropologically advanced facial features than noncriminals. 2. There is a belief among public that one could distinguish a criminal face from a noncriminal face. Bull and Green (1980) did a study where they showed students and police officers then photos of men and asked them what 11 crimes they had committed. a. There was significant agreement in both groups regarding the looks of muggers, violent robbers, company fraud, drug possession etc. b. However none had a criminal record c. Are all physiognomy of criminals based on stereotypes? Not really. d. It just shows that when given a task, ordinary people and professionals will do their best and that appears to invoke consensual beliefs, perhaps stereotypes. e. Is it possible that those individuals had the criminal side to them but had not actualized them or been detected? 3. Thornton (1939) also did a study with actual criminals in photos, found that students also identified them at better than chance 4. Kozeny (1962) computer generated photos of 730 criminals’ photographs, and divided them into 16 crime categories. He then made composite photographs from these categories and, using physiognomic measurement techniques, found that the categories differed significantly in their physiognomic characters, as Lombroso had predicted. 5. Stereotype: George Herbert Mead: the looking glass self – our identities and personalities are formed by the way we see ourselves (Eg in the mirror and as a reflection also, of the way others see and respond to us.) 6. Lewison (Vancouver 1965): performed cosmetic surgery for 100 convicts in Oakalla prison, followed them for two years to measure rate of recidivism (reconviction) a. Another 100 candidates were in the control group. b. Lower recidivism among postsurgical group than control (53% vs. 75%) 7. Kurtzberg et al (NY 1978): 600 candidates at Ryker’s Island’s prison. Recidivism rate: a. Surgery alone 30%, Surgery with counselling 33% b. No treatment 56%, counselling alone 89%! c. same for surgery, but counselling led to higher 8. However another study by Marnie Rice of 500 inmates over 20 years argues that psychopaths who received treatment actually increased recidivism, whereas nonpsychopaths were lower. 9. Peter Hammond 2004 – three dimensional facial analysis that can detect abnormalities such as x syndrome, fetal alcohol syndrome William Sheldon’s Somatotypes:  Endomorph: physically “soft-rounded”, relaxed, devote to nice things, love to eat talk, slow physical mental reaction  Ectomorph: physically thin, fragile, sensitive to changes, emotions are quick, too-fast social reactions (embarrassed, shy), love privacy  Mesomorph: physically firm, rugged, muscle guy, aggressive, love physical adventure excitement, tireless, regular exercise, hunger for power, dominance o Over represented in criminality Heredity:  Family studies: criminal and social behavior runs in family, having a close relative in offending history is one of the strongest predictors of criminal behavior yet identified, surpassed only by gender and age  Twin studies: more concordant for criminal behavior than are fraternal twin. Most of the concordance seems to be due to their sharing.  Adoption studies: adoptees more closely resemble genetic parents than rearing parents in criminal antisocial behavior. While the community and family setting within which an adoptee is reared also appear to impact criminal behavior,  Karyotype studies: XYY and XXY associated with increased probability of offending, when compared to XY male karyotypes, associated with criminality may operate largely by depressing intelligence, and learning ability  Genes influence, Various Correlate of Criminality  Biological Markers:  Animal Models Heritability and Criminality 1. Vincent Li : paranoid schizophrenia, perhaps only mental illness prominently associated with aggressive behavior and violent crime 2. Ed Gein: strongly influenced by a domineering and fanatic mother who created ambivalence about his increasing interest in sex through her abhorrence of women, while abusing his hapless father. a. Her death triggered his transformation of her room into a shrine while his own house into filth and disorder of his conflicted mind until his obsessing with the taboo of sex led to grave robbing, consumption of sexual organs and murder, disembowelment of women. b. Is it just bizarre relationship with mother? Or include a biological precursor? Or a combination of lower intelligence and disposition to deviance characterized by primitive urges? 3. Nagatomi Hakudo – seek redemption even at the risk of condemnation from his fellow Japanese. This underlies the power of socialization, cultural values from childhood, a. Lombroso would regard Hakudo as an occasional criminal overwhelmed by circumstances, which he regarded as the most common type of criminality Modern conceptions of biological bases of criminality  Lee Ellis (1982) hypothesizes that certain genes and prenatal environments promote high testosterone regimes in the fetus  Their effects include a susceptibility to seizures. Seizures are associated with wide emotional instability producing anger and frustration where others might be more tolerant  Lower sensitivity to pain, Always fighting boredom, Lesser ability to pick up nuances of language along with fewer positive emotions – could lead to epilepsy, ADHD, poor school performance, recreational drug use, thrill seeking and generally haywire behaviour.  Another common sequence of emergent criminality tracks poor genes and prenatal environment o In neocortex, results in smaller
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