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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
In response to recognition in the late 1960s and early 1970s that traditional incarceration was not working, alternatives to standard prison settings were sought and developed. One of those alternatives-community-based corrections-had been conceived in the 1950s as a system that might prove more progressive, humane, and effective, particularly with people who had committed less serious criminal offenses and for whom incarceration, with constant exposure to serious offenders and career criminals, might prove more damaging than rehabilitative. The alternative of community corrections has evolved to become a substantial part of the criminal justice and correctional system, spurred in recent years not so much by a progressive, humane philosophy as by dramatically increasing prison populations, court orders to "fix" overextended prison settings, and an economic search for cost savings. Although community correction programs have been in place for some 40 years now, to date no comprehensive reference resource has tackled this topic. Accessible and jargon-free and available in both print and electronic formats, the one-volume Encyclopedia of Community Corrections will explore all aspects of community corrections, from its philosophical foundation to its current inception. Features & Benefits: 150 signed entries (each with Cross References and Further Readings) are organized in A-to-Z fashion to give students easy access to the full range of topics in community corrections. A thematic Reader's Guide in the front matter groups entries by broad topical or thematic areas to make it easy for users to find related entries at a glance. In the electronic version, the Reader's Guide combines with a detailed Index and the Cross References to provide users with convenient search-and-browse capacities. A Chronology in the back matter helps students put individual events into broader historical context. A Glossary provides students with concise definitions to key terms in the field. A Resource Guide to classic books, journals, and web sites (along with the Further Readings accompanying each entry) guides students to further resources in their research journeys. An Appendix offers statistics from the Bureau of Justice.
Accounts of female offenders' journeys into the criminal justice system are often silenced or marginalized. Featuring a Foreword from Pat Carlen and inspired by her seminal book 'Criminal Women', this collection uses participatory, inclusive and narrative methodologies to highlight the lived experiences of women involved with the criminal justice system. It presents studies focused on drug use and supply, sex work, sexual exploitation and experiences of imprisonment. Bringing together cutting-edge feminist research, this book exposes the intersecting oppressions and social control often central to women's experiences of the justice system and offers invaluable insights for developing penal policies that account for the needs of women.
'If you do the crime you gotta do the time.' This adage reflects the overall attitude most Americans have about crime and the criminal justice system. Implicit in this adage is the notion that once 'the time' is done, the individual is free to re-enter society and resume a normal life. In Prisoner Re-entry and Social Capital, authors Earl Smith and Angela J. Hattery challenge this myth. Prisoner Re-entry and Social Capital takes as its starting point interviews with twenty-five men and women during the summer of 2008 about their experiences with re-entering the 'free world' after a period of incarceration. By analyzing the experiences of these men and women, Smith and Hattery look in depth at the factors that inhibit successful re-entry and illustrate some successes and failures. The book examines individual characteristics that inhibit successful re-entry such as addiction and sex offender status as well as the unique challenges faced by women. Uniquely, Smith and Hattery focus on the role that social capital plays as one of the most important factors that shapes the re-entry experience. Today, one of the most pressing issues facing scholars, those who work in the criminal justice system, and the citizenry as a whole is the extraordinarily high rate of recidivism. These interviews and analyses provide a deeper and more precise understanding of the biases faced by re-entry felons in the labor market and work to address the key barriers to re-entry in hopes to aid in their elimination.
American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color-not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice-including district attorneys, elected judges, the police, voters, and politicians-faces bad incentives. Local towns often would rather send people to prison on someone else's dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it-and vote accordingly. And politicians have every incentive to cater to voters' worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what's considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book's suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.
This book focuses on the experience of imprisonment from the perspectives of individuals with sexual convictions. It stresses the importance of a positive and rehabilitative prison climate. The volume begins with an exploration of the theoretical underpinnings of a rehabilitative prison climate and discusses some of the practical ways of creating rehabilitative cultures in prisons housing people convicted of sexual offences. Four empirical chapters focus on the experience of stigmatisation, prison officers' attitudes towards prisoners' offences, negotiating the 'sex offender' identity in prisons and the varied experience of 'being' in prisons exclusively for individuals with sexual convictions. Throughout the authors discuss the specific benefits of peer-support, such as the chance to earn self-forgiveness, construct adaptive identities and consequently move away from harmful labels. The book also spotlights a chapter on the experience of imprisonment written by a former service-user, this unique position offers an insightful account of an individual's journey through the prison system.
Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.
One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.
Life is characterised by movement, change and development, including transitions, losses and grief. People experiencing loss must learn to accommodate it and, sometimes, relearn new roles. Whether the offender is accommodating general loss (such as transition), the loss of others or facing their own impending death, the bereavement process can become a particularly complicated experience for those involved in the criminal justice system. Criminal offenders may be excluded from participating in grief rituals and may receive few explicit opportunities to talk about a loss they've experienced, sometimes resulting in disenfranchised grief. Informing thinking around assessment, care, and support procedures, this volume seeks to bring together a range of perspectives from different disciplines on crucial issues surrounding the impact of loss, death, dying and bereavement for criminal offenders. The book will explore inherent challenges and responses to the criminal justice system by considering to what extent offenders' loss, death, dying and bereavement experiences have been - or should be - recognised in policy and practice. The first section considers theoretical approaches to loss; the next section translates these issues using professional perspectives to explore practical applications; and the final section introduces an offender perspective. Through identifying challenges and consolidating evidence, this multidisciplinary book will interest researchers interested in loss and bereavement in vulnerable communities, concepts of disenfranchised grief, end-of-life care and mental healthcare in the criminal justice system.
An in-depth analysis of the legal entry points and remedies in the school-to-prison pipeline The "school-to-prison pipeline" is an emerging trend that pushes large numbers of at-risk youth-particularly children of color-out of classrooms and into the juvenile justice system. The policies and practices that contribute to this trend can be seen as a pipeline with many entry points, from under-resourced K-12 public schools, to the over-use of zero-tolerance suspensions and expulsions and to the explosion of policing and arrests in public schools. The confluence of these practices threatens to prepare an entire generation of children for a future of incarceration. In this comprehensive study of the relationship between American law and the school-to-prison pipeline, co-authors Catherine Y. Kim, Daniel J. Losen, and Damon T. Hewitt analyze the current state of the law for each entry point on the pipeline and propose legal theories and remedies to challenge them. Using specific state-based examples and case studies, the authors assert that law can be an effective weapon in the struggle to reduce the number of children caught in the pipeline, address the devastating consequences of the pipeline on families and communities, and ensure that our public schools and juvenile justice system further the goals for which they were created: to provide meaningful, safe opportunities for all the nation's children.
American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color-not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice-including district attorneys, elected judges, the police, voters, and politicians-faces bad incentives. Local towns often would rather send people to prison on someone else's dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it-and vote accordingly. And politicians have every incentive to cater to voters' worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what's considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book's suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.
Although the negative consequences of rising incarceration rates have been well-established, criminological research has largely neglected to document psychological, social, and behavioral changes that occur during periods of incarceration. Drawing on an original longitudinal study of long-term French prisoners, this book examines the process of desistance from crime and positive growth in prison. It offers reflections on how personal transformation can be achieved in prison, particularly among individuals serving long prison sentences. This research investigates the barriers to achieving positive growth in prison, as well as the different ways in which transformation can occur behind bars. It also conceptualizes the process of abandoning crime in prison, and sheds light on the cognitive, social, and structural factors that may trigger, accelerate, or hamper this process. This book explores the circumstances under which individuals can thrive in prison, and identifies key features of the narratives of prisoners who have achieved positive growth. The research presented in this book also examines the intricacies of returning to society after a lengthy period of time in prison. Written in a clear and accessible style, this book will be invaluable reading for those engaged in studies of criminology and criminal justice, sociology, criminal behavior, prisons, and penology. It is also aimed at a variety of audiences, including academics, practitioners, policy-makers, and prisoners.
This book offers a systematic exploration of the changing politics around immigration and the impact of resultant policy regimes on immigrant communities. It does so across a uniquely wide range of policy areas: immigration admissions, citizenship, internal immigration controls, labour market regulation, the welfare state and the criminal justice system. Challenging the current state of theoretical literature on the 'criminalisation' or 'marginalisation' of immigrants, this book examines the ways in which immigrants are treated differently in different national contexts, as well as the institutional factors driving this variation. To this end, it offers data on overall trends across 20 high-income countries, as well as more detailed case studies on the UK, Australia, the USA, Germany, Italy and Sweden. At the same time, it charts an emerging common regime of exploitation, which threatens the depiction of some countries as more inclusionary than others. The politicisation of immigration has intensified the challenge for policy-makers, who today must respond to populist calls for restrictive immigration policy whilst simultaneously heeding business groups' calls for cheap labour and respecting legal obligations that require more liberal and welcoming policy regimes. The resultant policy regimes often have counterproductive effects, in many cases marginalising immigrant communities and contributing to the growth of underground and criminal economies. Finally, developments on the horizon, driven by technological progress, threaten to intensify distributional challenges. While these will make the politics around immigration even more fraught in coming decades, the real issue is not immigration but the loss of good jobs, which will have serious implications across all Western countries. This book will appeal to scholars and students of criminology, social policy, political economy, political sociology, the sociology of immigration and race, and migration studies.
While evidence-based policy is an emerging rhetoric of the desire by and for governments to develop policies based on the best available evidence, drug policy is an area where particular challenges abound. This book is a detailed and comprehensive examination of the contours of drug policy development through the consideration of the particular roles of science, media, and interest groups. Using Belgium as the primary case-study, supplemented by insights gathered from other countries, the author contributes to a richer understanding of the science-policy nexus in the messy, real-world complexities of drug policy. Change or Continuity in Drug Policy: The Roles of Science, Media, and Interest Groups is the first book to bring together policy and media theories, knowledge utilisation models, and public scholarship literature. As such, the book provides unique insights relevant to aspects of change or continuity in drug policies in Europe and beyond. This book will be of great value to undergraduate and graduate students, as well as to academics, practitioners and policymakers with interest in the science-policy nexus with a particular focus on the drug policy domain.
This volume of "Studies in Law, Politics, and Society" presents a unique special issue "Is the Death Penalty Dying?." Drawing together an array of distinguished scholars from political science, criminology, sociology, and law, this volume provides a comprehensive assessment of the status of the death penalty in the United States, its past, and its trajectory for the future. Taken together, the work published in this volume exemplifies the kind exciting and innovative work now being done by legal scholars from different disciplines.This is a special issue examining the death penalty in the US. It draws together an array of distinguished scholars from political science, criminology, sociology, and law.
From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada's racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.
In late summer 2015, Sweden embarked on one of the largest self-described humanitarian efforts in its history, opening its borders to 163,000 asylum seekers fleeing the war in Syria. Six months later this massive effort was over. On January 4, 2016, Sweden closed its border with Denmark. This closure makes a startling reversal of Sweden's open borders to refugees and contravenes free movement in the Schengen Area, a founding principle of the European Union. What happened? This book sets out to explain this reversal. In her new and compelling book, Vanessa Barker explores the Swedish case study to challenge several key paradigms for understanding penal order in the twenty-first century and makes an important contribution to our understanding of punishment and welfare states. She questions the dominance of neoliberalism and political economy as the main explanation for the penalization of others, migrants and foreign nationals, and develops an alternative theoretical framework based on the internal logic of the welfare state and democratic theory about citizenship, incorporation, and difference, paying particular attention to questions of belonging, worthiness, and ethnic and gender hierarchies. Her book develops the concept of penal nationalism as an important form of penal power in the twenty-first century, providing a bridge between border control and punishment studies.
Thinking about Punishment pulls together the key writings by Michael Tonry on penal policy trends in western countries, racial and ethnic disparities, and sentencing policies, practices, and theories. Recent research in the past few decades shows that these topics are inextricably interrelated. Tonry argues that the distinct historical and cultural characteristics of a country offer the best explanation of national patterns of punishment at any one time, and over time. More general theories and models fall apart when applied to individual national experiences. In the United States, the key factors explaining both penal policy trends and sentencing patterns and policies include historical patterns of race relations, obsolete constitutional arrangements, moral attitudes related to the continental expansion of the United States and the country's fundamentalist Protestant religious origins. Comparable - but different - characteristics explain other countries' experiences. This excellent collection of Michael Tonry's work is essential reading for anyone interested in penal policy and criminal justice.
First published in 1984, Ideas on Institution is a review of the major English-language literature of the past two decades on the experience of living in institutions - hospitals, mental hospitals, prisons. The survey opens with a consideration of the writings of Erving Goffman, Michael Foucault, and Thomas Szasz. They shattered the liberal consensus that the purpose of imprisonment was to reform. Instead, their work argued that the purpose of prisons and mental hospitals was social control, and that prisons created criminals, and mental facilities created mental illness. Part II looks at four British studies : Russell Barton's Institutional Neurosis which suggested the existence of a new disease entity; Peter Townsend's The Last Refuge, a study of old people in residential care; The Morrisses' Pentonville, a study of a London prison which became a classic in criminology; and Sans Everything, a symposium which paved the way for a series of official hospital enquiries in the 1970s. Part III examines David Rothman's two historical studies on how and why the U.S. constructed institutions, and how and why reform movements failed; N.N. Kittrie's The Right to be Different, a wide-ranging attack on the compulsory treatment of a variety of 'deviants', including the mentally ill, juvenile delinquents and drug abusers; Cohen and Taylor's Psychological survival, a disturbing analysis of the lives of long-term prisoners in a maximum security wing; Zimbardo's Stanford Prison Experiment on the malignant effects of prison conditions on the personalities of both prisoners and their guards; and King and Elliott's study of Albany Prison, showing how a promising therapeutic experiment went wrong. This book will be of interest to students of history, gerontology, sociology, social policy, penology, psychology and political science.
A Comparative Analysis of Capital Punishment provides a concise and detailed history of the death penalty. Incorporating and synthesizing public opinion data and empirical studies, Simon and Blaskovich's work compares, across societies, the offense types punishable by death, the level of public support for the death penalty, the forms the penalty takes, and the categories of persons exempt from punishment. It examines the effectiveness of the death penalty as a deterrent to violent offenses, especially homicide, the extent to which innocent persons have become the victims of capital punishment, and occurrences of state sponsored genocide and democide. This book is a practical and useful tool for public policy makers, criminal justice practitioners, students, and anyone who seeks to better understand the worldwide debate on this controversial social issue.
This title was first published in 2000: Between 1900 and 1950 130 women were sentenced to death for murder in England and Wales. Only 12 of these women were actually executed. Thus, 91 per cent of women murderers had their sentence commuted, whereas if we examine the corresponding figures for men, only 39 per cent had their sentence commuted. It would appear that state servants working within the criminal justice system were far more reluctant to hang women than men. However, this text argues that a closer examination of this apparent discrepancy reveals it to be a misconception which has come about as a result of the statistics regarding infanticide. That is to say - unlike men - the vast majority of women murderers have killed their own child or children. Once this is taken into account we find that women who had murdered an adult had less hope of a reprieve than men. Thus, the author shows that the large proportion of women murderers as killers of their own children has created a false impression of how female murderers fared inside the criminal justice system.
2012 Winner of the Outstanding Book Award presented by the Academy of Criminal Justice Sciences Outstanding Academic Title from 2011 by Choice Magazine Too often, the criminal justice system silences victims, which leaves them frustrated, angry, and with many unanswered questions. Despite their rage and pain, many victims want the opportunity to confront their offenders and find resolution. After the Crime explores a victim-offender dialogue program that offers victims of severe violence an opportunity to meet face-to-face with their incarcerated offenders. Using rich in-depth interview data, the book follows the harrowing stories of crimes of stranger rape, domestic violence, marital rape, incest, child sexual abuse, murder, and drunk driving, ultimately moving beyond story-telling to provide an accessible scholarly analysis of restorative justice. Susan Miller argues that the program has significantly helped the victims who chose to face their offenders in very concrete, transformative ways. Likewise, the offenders have also experienced positive changes in their lives in terms of creating greater accountability and greater victim empathy. After the Crime explores their transformative experiences with restorative justice, vividly illustrating how one program has worked in conjunction with the criminal justice system in order to strengthen victim empowerment.
One in every 31 U.S. adults is in the penal system. This mass incarceration is by far the largest in the world. African Americans are disproportionately imprisoned and challenged by the consequences of incarceration in education, jobs, voting, and other aspects of life. Since 96 percent of those imprisoned are released, there is an urgent need for resources and research that can improve reentry outcomes. Reconstructing Rage analyzes how - and how well - one company, Reconstruction, Inc. of Philadelphia, has organized returning prisoners, their families, and communities for 24 years. It looks at Reconstruction's programs, strategies, and patterns of change over time; holistic (i.e., mind-body-spirit) and principled transformations in the people and families it has touched; and at the company's collaborations and contributions to criminal justice and public policy best practices. Reconstructing Rage explores challenges of improving community capacity and quality of life outcomes within and beyond reentry and reintegration, for former felons, their families, and a growing number of others interested in a broader social justice.
Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America's Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America. Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon.
Revolution in Penology is a thoroughly original and thought-provoking critique of penal harm, the recursive pains of imprisonment cycle, and the normalization of violence. Relying on selected insights derived from continental philosophy, cultural studies, and chaos theory, internationally renowned social theorists, Bruce A. Arrigo and Dragan Milovanovic, deconstruct the human agency/social structure duality that sustains the prison form, its parts and segments understood as correctional principles/practices, and the prison industrial complex that is informed by and stands above them all.
The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical "swing" of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system. |
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