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Books > Law > Laws of other jurisdictions & general law > Criminal law
This book examines the structures that support the policing organisation internally and externally, including its partners within the criminal justice system. It has been written for students of policing, especially those undertaking qualifications under the new Police Education Qualifications Framework (PEQF), undergraduates who study the police as part of a criminology or criminal justice degree or similar, and those with a general interest in the police organisation in England and Wales. It includes chapters on: The historical context of police structure. Accountability, governance, and control in the police. Local, national, and international police structures. The partnership between the police and the criminal justice system. The future structure of policing. Throughout the chapters are 'important point boxes' which emphasise the key parts of each topic. At the end of each chapter are reflective questions, useful websites, and a further reading list, all of which reinforces students' knowledge and furthers their professional development. Written in clear and direct style, this book will appeal to students of policing, criminology, criminal justice, cultural studies, and law. It is essential reading for students taking a degree in Professional Policing.
Criminal Justice and Criminology Research Methods, Third Edition, is an accessible and engaging text that offers balanced coverage of a full range of contemporary research methods. Filled with gritty criminal justice and criminology examples including policing, corrections, evaluation research, forensics, feminist studies, juvenile justice, crime theory, and criminal justice theory, this new edition demonstrates how research is relevant to the field and what tools are needed to actually conduct that research. Kraska, Brent, and Neuman write in a pedagogically friendly style yet without sacrificing rigor, offering balanced coverage of qualitative, quantitative, and mixed methods. With its exploration of the thinking behind science and its cutting-edge content, the text goes beyond the nuts and bolts to teach students how to competently critique as well as create research-based knowledge. This book is suitable for undergraduate and early graduate students in US and global Criminology, Criminal Justice, and Justice Studies programs, as well as for senior scholars concerned with incorporating the latest mixed-methods approaches into their research.
Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.
This book covers Munchausen and Munchausen by Proxy (MBP) though the terms have recently changed. The 2013 DSM-V-the update to the American Psychiatric Association's (APA) diagnostic and classification tool-has classified both Munchausen and MBP as "Factitious Systematic Abuse." While thought to have occurred primarily with children and their caregivers, recent research shows a more widespread problem: such medical abuse to spouses, the disabled, the elderly-even pets. Many involve repeat and long-term instances of hospital and medical fraud. This book covers the syndrome itself, interviewing and investigative aspects, victimology, as well indicators in the event of homicide and death.
Recalibrating Juvenile Detention chronicles the lessons learned from the 2007 to 2015 landmark US District Court-ordered reform of the Cook County Juvenile Temporary Detention Center (JTDC) in Illinois, following years of litigation by the ACLU about egregious and unconstitutional conditions of confinement. In addition to explaining the implications of the Court's actions, the book includes an analysis of a major evaluation research report by the University of Chicago Crime Lab and explains for scholars, practitioners, administrators, policymakers, and advocates how and why this particular reform of conditions achieved successful outcomes when others failed. Maintaining that the Chicago Crime Lab findings are the "gold standard" evidence-based research (EBR) in pretrial detention, Roush holds that the observed "firsts" for juvenile detention may perhaps have the power to transform all custody practices. He shows that the findings validate a new model of institutional reform based on cognitive-behavioral programming (CBT), reveal statistically significant reductions in in-custody violence and recidivism, and demonstrate that at least one variation of short-term secure custody can influence positively certain life outcomes for Chicago's highest-risk and most disadvantaged youth. With the Quarterly Journal of Economics imprimatur and endorsement by the President's Council of Economic Advisors, the book is a reverse engineering of these once-in-a-lifetime events (recidivism reduction and EBR in pretrial detention) that explains the important and transformative implications for the future of juvenile justice practice. The book is essential reading for graduate students in juvenile justice, criminology, and corrections, as well as practitioners, judges, and policymakers.
The book uses critical sociolinguistic analysis to examine the social consequences of courtroom talk. The focus of the study is the cross-examination of three Australian Aboriginal boys who were prosecution witnesses in the case of six police officers charged with their abduction. The analysis reveals how the language mechanisms allowed by courtroom rules of evidence serve to legitimize neocolonial control over Indigenous people. In the propositions and assertions made in cross-examination, and their adoption by judicial decision-makers, the three boys were constructed not as victims of police abuse, but rather in terms of difference, deviance and delinquency. This identity work addresses fundamental issues concerning what it means to be an Aboriginal young person, as well as constraints about how to perform or live this identity, and the rights to which Aboriginal people can lay claim, while legitimizing police control over their freedom of movement. Understanding this courtroom talk requires analysis of the sociopolitical and historical actions and structures within which the courtroom hearing was embedded. Through this analysis, the interrelatedness of structure, agency, constraint and change, which is central to critical sociolinguistics, becomes apparent. In its investigation of language ideologies that underpin courtroom talk, as well as the details of how language is used, and the social consequences of this talk, the book highlights the need for far-reaching changes to courtroom rules of evidence.
Rape law reform has long been hailed as one of the most successful projects of second-wave feminism. Yet forty years after the anti-rape movement emerged, legal and medical institutions continue to resist implementing reforms intended to provide more just and compassionate legal and medical responses to victims of sexual violence. In Up Against a Wall, Rose Corrigan draws on interviews with over 150 local rape care advocates in communities across the United States to explore how and why mainstream systems continue to resist feminist reforms. In a series of richly detailed case studies, the book weaves together scholarship on law and social movements, feminist theory, policy formation and implementation, and criminal justice to show how the innovative legal strategies employed by anti-rape advocates actually undermined some of their central claims. But even as its more radical elements were thwarted, pieces of the rape law reform project were seized upon by conservative policy-makers and used to justify new initiatives that often prioritize the interests and rights of criminal justice actors or medical providers over the needs of victims.
Police detention is the place where suspects are taken whilst their case is investigated and a case disposal decision is reached. It is also a largely hidden, but vital, part of police work and an under-explored aspect of police studies. This book provides a much-needed comparative perspective on police detention. It examines variations in the relationship between police powers and citizens' rights inside police detention in cities in four jurisdictions (in Australia, England, Ireland and the US), exploring in particular the relative influence of discretion, the law and other rule structures on police practices, as well as seeking to explain why these variations arise and what they reveal about state-citizen relations in neoliberal democracies. This book draws on data collected in a multi-method study in five cities in Australia, England, Ireland and the US. This entailed 480 hours of observation, as well as 71 semi-structured interviews with police officers and detainees. Aside from filling in the gaps in the existing research, this book makes a significant contribution to debates about the links between police practices and neoliberalism. In particular, it examines the police, not just the prison, as a site of neoliberal governance. By combining the empirical with the theoretical, the main themes of the book are likely to be of utmost importance to contemporary discussions about police work in increasingly unequal societies. As a result, it will also have a wide appeal to scholars and students, particularly in criminology and criminal justice.
Corporate Liability for Insider Trading examines the reasons why there have been no successful criminal prosecutions, or successful contested civil proceedings, against corporations for insider trading, and analyses the various rationales for prohibiting insider trading. It reviews the insider trading regulatory regime and describes its key features, using both national and international examples. The book inspects a variety of criminal and civil models of corporate liability and considers the historical and theoretical basis on which corporations are subject to insider trading laws. The specific elements of the insider trading offence and the manner in which they are attributed to corporations are analysed in detail. Defences available to corporations such as Chinese Walls are explored, and the obligations that are imposed on businesses as a result of insider trading regulation - security trading policies and notifications, continuous disclosure obligations, and duties concerning conflicts of interest - are detailed and examined. The book concludes with reform proposals intended to remedy the many legal and commercial difficulties identified, in order that a new regulatory regime might be adopted to better serve regulators, businesses, investors, and the broader market. This volume addresses these corporate law topics and will be of interest to researchers, academics, financial institution compliance officers, investment bankers, corporate and comparative lawyers, and students and scholars in the fields of commercial law, corporate law, financial crime, company law, and white collar crime
This volume is a collection of interviews with policing leaders that explores their understanding of policing developments and current challenges in their own countries and internationally, and examines how they evaluate or interpret these developments. The book is based on the premise that police officials have a wealth of experience that can make significant contributions to our understanding of the prospects and problems of policing today. In this book, ten police leaders from the continents of North America, Asia, Australasia, Africa, and Europe offer their combined experiences in policing. The interviews, conducted by experienced policing academics, capture how these officers personally, as well as through their organizations, have confronted many waves of change - political, social, and institutional. Interviews examine each professional's assessment of their career path; changes experienced during their career; their personal policing philosophy; problems and successes experienced in leadership; their views on the contribution of theory to practice; their experience of transnational relations; their understanding of nature of democratic policing; and their assessment of how policing will change in the future. As police and policing across the world face a turning point, this book offers ideas and best practices from the front lines on ways to respond with vigor, creativity, and sensitivity to the challenges of repositioning police in the twenty-first century.
THE INSTANT NEW YORK TIMES BESTSELLER A REESE'S BOOK CLUB PICK - SOON TO BE A MAJOR NETFLIX PRODUCTION 'You'll devour Northern Spy . . . I loved this thrill ride of a book' Reese Witherspoon 'A sharp, moving thriller: you lose your breath for adrenalin' Abigail Dean, author of Girl A 'A chilling, gorgeously written tale' New York Times 'Nerve-shredding suspense' Daily Mail 'Thrillingly good... Flynn Berry shows a le Carre-like flair for making you wonder what's really going on at any given moment' Washington Post A producer at the Belfast bureau of the BBC, Tessa is at work one day when the news of another IRA raid comes on the air: as the anchor requests the public's help in locating those responsible for this latest attack - a robbery at a gas station - Tessa's sister Marian appears on the screen, pulling a black mask over her face. The police believe Marian has joined the IRA, but Tessa knows this is impossible. But when the truth of what has happened to her sister reveals itself, Tessa will be forced to choose: between her ideals and her family. Praise for Flynn Berry 'Breathtaking . . . Berry writes thrillingly' New York Times 'Beautifully paced and satisfyingly ominous' Guardian 'Mesmerizingly effective' The Times 'A thrilling page-turner' Paula Hawkins, author of The Girl on the Train 'Berry's clever, thrilling writing wound me in and left me heartbroken' Fiona Barton, author of The Widow 'What a book! A skillful and compelling exploration of families, crime, and class' Clare Mackintosh, author of I Let You Go
Social Bridges and Contexts in Criminology and Sociology brings together leading scholars to commemorate the illustrious career and enduring contributions of Professor James F. Short, Jr., to the social sciences. Although Professor Short is best known as a gang scholar, he was a bridging figure who advanced the study of human behavior across multiple domains. Individual chapters document Professor Short's intellectual development and highlight the significance of his theoretical and empirical work in a range of specialty areas, including suicide and homicide, criminological theory, field and self-report survey research methodologies, white-collar crime, hazards and risks, levels of explanation, microsocial group processes, and the etiology of gang violence and delinquency. A special feature of this book is the collection of brief personal reflection essays appearing after the main chapters. Authored by Professor Short's students, colleagues, collaborators, and friends, these essays provide powerful testimonials of the influence of his intellectual legacy as well as his generous spirit and commitment to mentorship. Written in a clear and direct style, this book will appeal to students and scholars of criminology and sociology, and all those interested in the important contributions of Professor James F. Short, Jr., to these subject areas.
Contemporary Issues in Global Criminal Justice provides a holistic analysis of modern criminal justice issues, encompassing the pre-trial, investigative, and post-conviction stages of criminal justice in legal settings across the world. The contributors acknowledge and examine the vast array of challenges in global criminal justice, from the role of the International Criminal Court to policing, the integration of technology, and how marginalized groups, such as sex workers and those with addictions, are treated in the courts. With contributions from scholars in England and Wales, New Zealand, Croatia, Spain, the Netherlands, Canada, and The Republic of North Macedonia, this book is not limited to one jurisdiction, and highlights that criminal justice is very much a global issue in a state of crisis. From policing to the courts, it is in urgent need of reform. Without a competent criminal justice system, justice does not exist. This book would be of interest to scholars in the legal, criminal justice, and criminology fields.
The Criminal Finances Act 2017 introduced the most radical change to tackling money laundering and corruption, recovering the proceeds of crime and counter terrorist financing, since the Proceeds of Crime Act was passed in 2002. This book will provide an excellent commentary on the changes introduced by the Act, with practical insights and an explanation of the Act's provisions. Topics included are: money laundering; unexplained wealth orders; terrorist property; tax evasion; and reasonable prevention procedures. Authored by Jonathan Fisher QC and Anita Clifford, barristers specializing in proceeds of crime and financial crime cases, this book will be of great interest and importance to all legal professionals working in the financial sector.
This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.
Volume I of The Official History of Criminal Justice in England and Wales frames what was known about crime and criminal justice in the 1960s, before describing the liberalising legislation of the decade. Commissioned by the Cabinet Office and using interviews, British Government records, and papers housed in private, and institutional collections, this is the first of a collaboratively written series of official histories that analyse the evolution of criminal justice between 1959 and 1997. It opens with an account of the inception of the series, before describing what was known about crime and criminal justice at the time. It then outlines the genesis of three key criminal justice Acts that not only redefined the relations between the State and citizen, but also shaped what some believed to be the spirit of the age: the abolition of capital punishment, and the reform of the laws on abortion, and homosexuality. The Acts were taken to be so contentious morally and politically that Governments of different stripes were hesitant about promoting them formally. The onus was instead passed to backbenchers, who were supported by interlocking groups of reformers, with a pooled knowledge about how to effectively organise a rhetoric that drew on the language of utilitarianism, and the clarity and authority of a Church of England. This came to play an increasingly consequential and largely unacknowledged part in resolving what were often confusing moral questions. This book will be of much interest to students of criminology and British history, politics and law.
The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
With a new Foreword by David Ormerod of the Law Commission. Within the criminal justice system of England and Wales, the Crown Court is the arena in which serious criminal offences are prosecuted and sentenced. On the basis of up-to-date ethnographic research, this timely book provides a vivid description of what it is like to attend court as a victim, a witness or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. This valuable addition to the field brings to life the range of issues involved and is aimed at students and scholars of criminal justice, policy-makers and practitioners, and interested members of the general public.
Following the much publicised Mark Kennedy case, the question of the necessity and proportionality of covert police operations has been widely debated. At the same time, the use of covert tactics is becoming more widespread and is a feature of routine as well as more serious cases. It is a fast changing area of law which is notoriously opaque and esoteric. This new edition of Covert Policing: Law and Practice provides clear, up to date guidance on this complex topic and is an essential resource for practitioners working on cases involving covert operations. This book provides a comprehensive review of the law governing covert policing activities. It sets out the framework within which covert policing operations should be planned and managed to enable practitioners working for either the defence or prosecution to critically consider the legality and propriety of evidence obtained in cases where covert policing resources have been deployed, including applications for Public Interest Immunity. The text places considerable emphasis on the need for a proper methodology of approach to the Regulation of Investigatory Powers Act 2000 and other legislation affecting this area. It examines the statutory and procedural requirements relating to covert policing deployments, from the interception of communications and directed and intrusive surveillance resources, through to the use and conduct of covert human intelligence sources. It examines the oversight mechanisms that exist to protect those subjected to invasions of privacy without the proper criminal or civil processes and covers recent developments arising from the Protection of Freedoms Act, Data Retention and Investigatory Powers Act, secret hearings, the Mark Kennedy case and revelations concerning mass interception. Written in a way that seeks to highlight the effect of the legislation and the principles emanating out of the case law, this book is an essential resource for practitioners engaged in cases where covert policing issues are likely to arise. It will also be of assistance to those working for the police and other public authorities authorised under the Regulation of Investigatory Powers Act 2000 to carry out surveillance and other covert activities.
Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.
The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta's approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.
This book examines the UK's response to terrorist communication. Its principle question asks, has individual privacy and collective security been successfully managed and balanced? The author begins by assessing several technologically-based problems facing British law enforcement agencies, including use of the Internet; the existence of 'darknet'; untraceable Internet telephone calls and messages; smart encrypted device direct messaging applications; and commercially available encryption software. These problems are then related to the traceability and typecasting of potential terrorists, showing that law enforcement agencies are searching for needles in the ever-expanding haystacks. To this end, the book examines the bulk powers of digital surveillance introduced by the Investigatory Powers Act 2016. The book then moves on to assess whether these new powers and the new legislative safeguards introduced are compatible with international human rights standards. The author creates a 'digital rights criterion' from which to challenge the bulk surveillance powers against human rights norms. Lord Carlile of Berriew CBE QC in recommending this book notes this particular legal advancement, commenting that rightly so the author concludes the UK has fairly balanced individual privacy with collective security. The book further analyses the potential impact on intelligence exchange between the EU and the UK, following Brexit. Using the US as a case study, the book shows that UK laws must remain within the ambit of EU law and the Court of Justice of the European Union's (CJEU's) jurisprudence, to maintain the effectiveness of the exchange. It addresses the topics with regard to terrorism and counterterrorism methods and will be of interest to researchers, academics, professionals, and students researching counterterrorism and digital electronic communications, international human rights, data protection, and international intelligence exchange.
This book merges philosophical, psychoanalytical and legal perspectives to explore how spaces of justice are changing and the effect this has on the development of the administration of justice. There are as central themes: the idea of transgression as the starting point of the question of justice and its archaic anchor; the relation between spaces of justice and ritual(s); the question of use and abuse of transparency in contemporary courts; and the abolition of the judicial walls with the use of cameras in courts. It offers a comparative approach, looking at spaces of justice in both the civil and common law traditions. Presenting a theoretical and interdisciplinary study of spaces of justice, it will appeal to academics in the fields of law, criminology, sociology and architecture.
Genocide and Victimology examines genocide in its diverse features, from different yet connected perspectives, to offer an interdisciplinary, victimological imagination of genocide. It will include in its exploration critical and cultural victimologies and criminologies of genocide, accompanied by, and recognising, the rich scholarship on genocide in the fields of religion and history, theatre studies and photography, philosophy and existentialism, post-colonialism, and ethnography and biography. Bringing together theory with empirical research and drawing on a range of case studies, such as the Treblinka extermination camp, the Bosnian and Rwandan genocides, the Sagkeeng First Nation in Manitoba, Canada, and genocidal violence in Syria and Iraq, this book engages the victimological imagination towards an interdisciplinary, cosmopolitan victimology of genocide. Bundled and intertwined, the wide yet integrated variety of perspectives on genocide gives readers a victimological kaleidoscope to discover, and for victimology hitherto, unexplored theory and methodology. This way, readers can develop their own more epistemologically, theoretically, and methodologically robust victimology of genocide-a victimology of genocide as envisioned by Nicole Rafter. The book hopes to canvas an understanding and a starting point for a diverse appreciation of genocide victimhood and survivorship from which the real post-genocidal harms and sites, post-traumatic stress disorder, courts and tribunals, and overall meaningful justice will benefit. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, philosophy, history, religious studies, English literature, and all those concerned with not repeating a history of genocide.
Family Activism in the Aftermath of Fatal Violence explores how family and family activism work at the intersection of personal and public troubles and considers what influence family testimonies of fatal violence can have on matters of crime, justice, and punishment. The problem of fatal violence represents one end of a long continuum of violence that marks society, the effects of which endure in families and friends connected through ties of kinship, identity and social bonds. The aftermath of fatal violence can therefore be an intensely personal encounter which confronts families with disorder and uncertainty. Nevertheless, bereaved families are often found at the forefront of efforts to expose injustice, rouse public consciousness, and drive forward social change that seeks to prevent violence from happening again. This book draws upon ethnographic research with those bereaved by gun violence who became involved in family activism in the context of fatal violence: namely, the attempts by bereaved families to manage their experiences of violent death through public expressions of grief and become proxies for wider debates on social injustice. This is an ever more pressing issue in a landscape which increasingly sees the delegation of responsibility to families and communities that are left to deal with the aftermath of violence. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, cultural studies, and all those interested in learning more about the after-effects of fatal violence. |
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