On March 20, 1975, a grand jury returned an indictment charging the respondent with the kidnaping, robbery, and murder of John Mulvaney. In religion, confession is the step toward forgiveness; in the eyes of the law, confession is proof of guilt that justifies punishment. However, Officer McKenna, who had also ridden in the wagon, and the police captain both testified that Gleckman rode in the back seat with the suspect. Id., 384 U.S., at 444, 86 S.Ct., at 1612. Although this case involves Fifth Amendment rights and the Miranda rules designed to safeguard those rights, respondent's invocation of his right to counsel makes the two cases indistinguishable. In Kansas v. Ventris, 556 U.S. ___, No. Memory T cells. likely to elicit an incriminating response.from the defendant.s The Court emphasized that this test of interrogation focused on the perceptions of the suspect rather than on the intentions of the police.2 Applying this test to the case, the Court found that the Providence police had not interrogated stemming from custodial . 53, 68 (1979), where the author proposes the same test and applies it to the facts of this case, stating: "Under the proposed objective standard, the result is obvious. Avoiding response bias is easier when you know the types of response bias, and why they occur. Compare how confession is treated by religion and by the law. App. This meant that the defendant, who had been charged with burglary, had a right to counsel on that charge, but not with respect to murders committed during the burglary. . 1. The Rhode Island Supreme Court disagreed on the waiver questions,14 and expressly concluded that interrogation had occurred. In Miranda v. Arizona (1966), SCOTUS defined custody as ____________. The Rhode Island Supreme Court set aside the conviction and held that respondent was entitled to a new trial, concluding that respondent had invoked his Miranda right to counsel and that, contrary to Miranda's mandate that, in the absence of counsel, all custodial interrogation then cease, the police officers in the vehicle had "interrogated" respondent without a valid waiver of his right to counsel. 071356, slip op. whether law enforcement took any incriminating statements from suspects without a lawyer present once the prosecution started. "That is to say, the term 'interrogation' under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." What is the purpose of psychologists' recommendation that the suspect and fillers in a lineup all could fit the original description of the eyewitness? Thus, a reasonable person in Innis's position would believe that the officers were seeking to solicit precisely the type of response that was given.". People who confess due to a need for self-punishment to remove guilty feelings make ____________. R.I., 391 A.2d 1158, vacated and remanded. Analysts are more likely to be pro-prosecution and have a bias. The due process approach to police interrogation and suspects' confession derives from which constitutional amendment? 393 It held in Spano v. New York 394 that, under the totality of circumstances, a confession obtained in a post-indictment interrogation . . There is nothing in the record to suggest that the officers were aware that the respondent was peculiarly susceptible to an appeal to his conscience concerning the safety of handicapped children. 413 See Michigan v. Jackson, 475 U.S. 625 (1986). When Does it Matter?, 67 Geo.L.J. Moreover, it cannot be fairly concluded that the respondent was subjected to the "functional equivalent" of questioning. While en route to the station, two of the officers engaged in a conversation between themselves concerning the missing shotgun. . 407 556 U.S. ___, No. If your patient didn't respond at all to central stimuli, apply a peripheral stimulus to all four extremities to establish a baseline. Under the heading "Urge the Subject to Tell the Truth for the Sake of His Own Conscience, Mental Relief, or Moral Well-Being, as Well as 'For the Sake of Everybody Concerned,' and Also Because It Is 'The Only Decent and Honorable Thing to Do,' " the authors advise interrogators to "challenge . An original definition of an old term coupled with an original finding of fact on a cold record makes it possible for this Court to vacate the judgment of the Supreme Court of Rhode Island. In what instance may a police officer ask a very specific series of questions of a suspect without first reading Miranda warnings, and still have the suspect's statements admissible in court? It holds that police conduct is not the "functional equivalent" of direct questioning unless the police should have known that what they were saying or doing was likely to elicit an incriminating response from the suspect.5 This holding represents a plain departure from the principles set forth in Miranda. 59. Massiah v. United States, 377 U.S. 201 (1964), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the government from eliciting statements from the defendant about themselves after the point that the Sixth Amendment right to counsel attaches.. (U.S. v. Axsom, 289 F.3d 496 (8th Cir. Id., at 53. . 399 430 U.S. 387 (1977). As Mr. Justice WHITE pointed out in his opinion concurring in the result in Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. You're all set! are reasonably likely to elicit an incriminating response from the suspect." Id. Captain Leyden then directed that the respondent be placed in a "caged wagon," a four-door police car with a wire screen mesh between the front and rear seats, and be driven to the central police station. As soon as the government starts formal proceedings, the Sixth Amendment right to counsel kicks in. An over-reliance on simply logging hours spent towards study can harm study habits. social desirability that they help put the defendant away for their crimes. 1602, 1627, 16 L.Ed.2d 694, the Court held that, once a defendant in custody asks to speak with a lawyer, all interrogation must cease until a lawyer is present. As this example illustrates, the Court's test creates an incentive for police to ignore a suspect's invocation of his rights in order to make continued attempts to extract information from him. Nor is there anything in the record to suggest that the police knew that the respondent was unusually disoriented or upset at the time of his arrest.9. rejects involuntary confessions because they're untrustworthy. 408 556 U.S. ___, No. This is not a case where police officers speaking among themselves are accidentally overheard by a suspect. See also McLeod v. Ohio, 381 U.S. 356 (1965) (applying Massiah to the states, in a case not involving trickery but in which defendant was endeavoring to cooperate with the police). Gleckman may even have been sitting in the back seat beside respondent. Relying at least in part on this Court's decision in Brewer v. Williams, 430 U.S. 387, 97 S.Ct. We granted certiorari to address for the first time the meaning of "interrogation" under Miranda v. Arizona. Aubin further reported that he had dropped off his assailant near Rhode Island College in a section of Providence known as Mount Pleasant. Of course, any incriminating statement as defined in Miranda, quoted ante, at 301, n. 5, must be excluded from evidence if it is the product of impermissible interrogation. To limit the ambit of Miranda to express questioning would "place a premium on the ingenuity of the police to devise methods of indirect interrogation, rather than to implement the plain mandate of Miranda." At this point, I was talking back and forth with Patrolman McKenna stating that I frequent this area while on patrol and [that because a school for handicapped children is located nearby,] there's a lot of handicapped children running around in this area, and God forbid one of them might find a weapon with shells and they might hurt themselves." 384 U.S., at 474, 86 S.Ct., at 1628. On January 17, 1975, shortly after midnight, the Providence police received a telephone call from Gerald Aubin, also a taxicab driver, who reported that he had just been robbed by a man wielding a sawed-off shotgun. 1, 2004)] Legal Definition list Deliberate Difference Deliberate Delegatus Non Potest Delegare Delegation of Duties * On the night of January 12, 1975, John Mulvaney, a Providence, R.I., taxicab driver, disappeared after being dispatched to pick up a customer. Since the result is not inconsistent with Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. Ante, at 303, n. 9. In Montejo v. Louisiana,407 the Court overruled Michigan v. Jackson, finding that the Fifth Amendments MirandaEdwardsMinnick line of cases constitutes sufficient protection of the right to counsel. What constitutes "deliberate elicitation"? How do the Fifth and Sixth Amendments protect individuals during police interrogations?. Gleckman's remarks would obviously have constituted interrogation if they had been explicitly directed to respondent, and the result should not be different because they were nominally addressed to McKenna. The officer prepared a photo array, and again Aubin identified a picture of the same person. The test of DNA admissibility that requires showing not only general acceptance of DNA theory but also that "the testing laboratory in the particular case performed the accepted scientific techniques in . This right comes from the Sixth Amendment, which gives every criminal defendant the right to "be confronted by the witnesses against him." 1993) 9 F.3d 68, 70. Assuming, arguendo, that he had, the judge concluded that respondent had waived his request for counsel by offering to help find the gun. At the least this must mean that the police are prohibited from making deliberate attempts to elicit statements from the suspect.7 Yet the Court is unwilling to characterize all such attempts as "interrogation," noting only that "where a police practice is designed to elicit an incriminating response from the accused, it is unlikely that the practice will not also be one which the police should have known was reasonable likely to have that effect. Patrolman Lovell then arrested the respondent, who was unarmed, and advised him of his so-called Miranda rights. In his article quoted in n. 12, supra, Professor White also points out that the officers were probably aware that the chances of a handicapped child's finding the weapon at a time when police were not present were relatively slim. And in . Statements that appear to call for a response from the suspect, as well as those that are designed to do so, should be considered interrogation. 410 556 U.S. ___, No. In research into officers' and untrained college students' abilities to identify videotaped false confessions, ____________. Having concluded that both the shotgun and testimony relating to its discovery were obtained in violation of the Miranda standards and therefore should not have been admitted into evidence, the Rhode Island Supreme Court held that the respondent was entitled to a new trial. While at the Providence police station waiting to give a statement, Aubin noticed a picture of his assailant on a bulletin board. 393 Crooker v. California, 357 U.S. 433 (1958) (five-to-four decision); Cicenia v. Lagay, 357 U.S. 504 (1958) (five-to-three). at 15. Cf. Shortly thereafter, the Providence police began a search of the Mount Pleasant area. . 499. 071529, slip op. 2002).) We do not, however, construe the Miranda opinion so narrowly. . Overall, they try to determine how . 1232, 51 L.Ed.2d 424 (1977), and our other cases. The deliberate destruction of something you own is a classic, red-flag sign of someone using a baiting technique. If an eyewitness noticed some of the details of their surroundings during a crime, what could police safely infer about their recollection of the attacker's face? The Sixth Amendment "Deliberately Eliciting a Response" Test is used to determine ____________. While the wagon was en route to the station, one of the officers, Officer Gleckman, stated that there was a school for handicapped children in the vicinity and "God forbid" one of them should find the shotgun and hurt herself.1 As a result of this statement, respondent told the officers that he was willing to show them where the gun was hidden.2 The wagon returned to the scene and respondent helped the officers locate the gun. The police vehicle then returned to the scene of the arrest where a search for the shotgun was in progress. Respondent was then placed in a police car to be driven to the central station in the company of three officers, who were instructed not to question respondent or intimidate him in any way. exclusion are outweighed by the need to prevent perjury and to assure the integrity of the trial process). When defendants plead guilty to crimes they are charged with 3. It therefore reversed respondent's conviction and remanded for a new trial. Jackson emphasized that the purpose of the Sixth Amendment is to protec[t] the unaided layman at critical confrontations with his adversary, by giving him the right to rely on counsel as a medium between him[self] and the State. . Let's define deliberate practice. This was apparently a somewhat unusual procedure. at 15 (2009). After an event has taken place, when does memory fade the most quickly? What percentage of suspects invoke their Miranda warnings during custodial interrogations? There the Court observed that "[b]y custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." public safety exception. By way of example, if the police had done no more than to drive past the site of the concealed weapon while taking the most direct route to the police station, and if the respondent, upon noticing for the first time the proximity of the school for handicapped children, had blurted out that he would show the officers where the gun was located, it could not seriously be argued that this "subtle compulsion" would have constituted "interrogation" within the meaning of the Miranda opinion. [T]he Jackson opinion does not even mention the anti-badgering considerations that provide the basis for the Courts decision today. To prove that their Fifth Amendment right against self-incrimination has been violated, what is one of the three elements that defendants must prove? The privilege against self-incrimination protects the individual from being compelled to incriminate himself in any manner; it does not distinguish degrees of incrimination. In other words, the door was closed. . The Court issued that holding in Massiah v. United States,395 in which federal officers caused an informer to elicit from the already-indicted defendant, who was represented by a lawyer, incriminating admissions that were secretly overheard over a broadcasting unit. an investigation focuses on a specific individual. 1 See answer Id., at 50-52, 55-56, 38-39. at 13, 4. ________ can quickly respond upon second exposure to the eliciting antigen. In United States v. Henry,400 the Court held that government agents violated the Sixth Amendment right to counsel when they contacted the cellmate of an indicted defendant and promised him payment under a contingent fee arrangement if he would pay attention to incriminating remarks initiated by the defendant and others. State of RHODE ISLAND, Petitioner, v. Thomas J. INNIS. Thus, it may be said, as the Rhode Island Supreme Court did say, that the respondent was subjected to "subtle compulsion." The dull point of a reflex hammer, a tongue depressor, or the edge of a key is often utilized. 10 . The principal reason is that the Court has already taken substantial other, overlapping measures toward subject (which is not in doubt), a defendant who does not want to speak to the police without counsel present need only say as much when he is first approached and given the Miranda warnings. . In Miranda the Court required the now-familiar warnings to be given to suspects prior to custodial interrogation in order to dispel the atmosphere of coercion that necessarily accompanies such interrogations. What is the meaning of interrogation under the sixth Amendment "Deliberately Eliciting a Response" test? When Patrolman Lovell stopped his car, the respondent walked towards it. Id., at 58. Custodial Interrogation.At first, the Court followed the rule of "fundamental fairness," assessing whether under all the circumstances a defendant was so prejudiced by the denial of access to counsel that his subsequent trial was tainted. 321, 46 L.Ed.2d 313, when a suspect invokes his right to an attorney, he is expressing "his own view that he is not competent to deal with the authorities without legal advice." Thus, the Court requires an objective inquiry into the likely effect of police conduct on a typical individual, taking into account any special susceptibility of the suspect to certain kinds of pressure of which the police know or have reason to know. As I read the Court's opinion, its definition of "interrogation" for Miranda purposes is equivalent, for practical purposes, to my formulation, since it contemplates that "where a police practice is designed to elicit an incriminating response from the accused, it is unlikely that the practice will not also be one which the police should have known was reasonably likely to have that effect." . Shortly after a taxicab driver, who had been robbed by a man wielding a sawed-off shotgun, identified a picture of respondent as that of his assailant, a Providence, R.I., patrolman spotted respondent, who was unarmed, on the street, arrested him, and advised him of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. Within minutes, Sergeant Sears arrived at the scene of the arrest, and he also gave the respondent the Miranda warnings. App. Id. The procedure where an eyewitness picks a suspect out of an assortment of photos is a pretrial out-of-court procedure known as a(n) ____________. App. Assuming that this is true, see infra, at 314-315, then it seems to me that the first two statements, which would be just as unlikely to elicit such a response, should also not be considered interrogation. . 1199, 1203, 12 L.Ed.2d 246, prohibits law enforcement officers from "deliberately elicit[ing]" incriminating information from a defendant in the absence of counsel after a formal charge against the defendant has been filed. Deliberately Eliciting a Response Standard: Definition. Massiah was reaffirmed and in some respects expanded by the Court. Pp. I fear, however, that the rationale in Parts II-A and II-B, of the Court's opinion will not clarify the tension between this holding and Brewer v. Williams, 430 U.S. 387, 97 S.Ct. How would you characterize the results of the research into the polices' ability to identify false confessions? Given the timing of respondent's statement and the absence of any evidence that he knew about the school prior to Officer Gleckman's statement, it is clear that respondent's statement was the direct product of the conversation in the police wagon. Read The Beginner's Guide to Deliberate . Fillers who don't match the description increase the chances of misidentification. The police practices that evoked this concern included several that did not involve express questioning. When an individual confesses to avoid an uncomfortable situation, this is called a ____________ false confession. Based on information that respondent, armed with a sawed-off shotgun, had just robbed a cabdriver in the vicinity of Rhode Island College, a number of Providence police officers began a thorough search of the area in the early morning of January 17, 1975. . 1232, 51 L.Ed.2d 424, the court concluded that the respondent had invoked his Miranda right to counsel and that, contrary to Mirandas' mandate that, in the absence of counsel, all custodial interrogation then cease, the police officers in the vehicle had "interrogated" the respondent without a valid waiver of his right to counsel. There is nothing in the record to suggest that the officers were aware that respondent was peculiarly susceptible to an appeal to his conscience concerning the safety of handicapped children, or that the police knew that respondent was unusually disoriented or upset at the time of his arrest. The Court in Miranda also included in its survey of interrogation practices the use of psychological ploys, such as to "posi[t]" "the guilt of the subject," to "minimize the moral seriousness of the offense," and "to cast blame on the victim or on society." Since the car traveled no more than a mile before Innis agreed to point out the location of the murder weapon, Officer Gleckman must have begun almost immediately to talk about the search for the shotgun. In Brewer v. Williams,399 the right to counsel was found violated when police elicited from defendant incriminating admissions not through formal questioning but rather through a series of conversational openings designed to play on the defendants known weakness. See White, Police Trickery in Inducing Confessions, 127 U.Pa.L.Rev. Dennis J. Roberts, II, Providence, R. I., for petitioner. That person was the respondent. at 277, 289. . 071529, slip op. Ante, at 301. As THE CHIEF JUSTICE points out in his concurring opinion, "[f]ew, if any, police officers are competent to make the kind of evaluation seemingly contemplated [by the Court's opinion]" except by close and careful observation. John A. MacFadyen, III, Providence, R. I., for respondent. Post, at 312. Researchers control the setup and the variables of the crime. In my opinion, all three of these statements should be considered interrogation because all three appear to be designed to elicit a response from anyone who in fact knew where the gun was located.12 Under the Court's test, on the other hand, the form of the statements would be critical. "We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely. The Court implicitly assumes that, at least in the absence of a lengthy harangue, a criminal suspect will not be likely to respond to indirect appeals to his humanitarian impulses. . 302-308. The starting point for defining "interrogation" in this context is, of course, the Court's Miranda opinion. What factor would probably improve an observer's recollection of a suspect, particularly a suspect that the observer was close enough to see? See also People v. Cunningham, 49 N.Y.2d 203, 210, 424 N.Y.S.2d 421, 425, 400 N.E.2d 360, 364-365 (1980). Mr. CHIEF JUSTICE BURGER, concurring in the judgment. In Miranda v. Arizona, 384 U.S. 436, 474, 86 S.Ct. What is the meaning of interrogation under the Sixth Amendment "Deliberately Eliciting a Response" test? Deliberate Elicitation means "intentionally creating a situation likely to induce the defendant to make incriminating statements without the assistance of counsel." [United States v. Smith, 2004 U.S. Dist. Pp. I would use an objective standard both to avoid the difficulties of proof inherent in a subjective standard and to give police adequate guidance in their dealings with suspects who have requested counsel. But, because the first statement is clearly an express question, it would be considered interrogation under the Court's test. whether law enforcement took any incriminating statements from suspects without a lawyer present once the prosecution started What has SCOTUS adopted to determine whether suspects truly have waived their rights? We explore why focusing on deliberate practice instead is the proper path towards mastery. The Court in the Miranda opinion also outlined in some detail the consequences that would result if a defendant sought to invoke those procedural safeguards. 403 475 U.S. at 631. The police did not deliberately set up the encounter suggestively. A statement about an individual's involvement in a crime that falls short of admitting guilt is called ____________. The Sixth Amendment "Deliberately Eliciting a Response" test provides broader protection for interrogated suspects and more restrictions on interrogating officers. LEXIS 5652 (S.D. Any knowledge the police may have had concerning the unusual susceptibility of a defendant to a particular form of persuasion might be an important factor in determining whether the police should have known that their words or actions were reasonably likely to elicit an incriminating response from the suspect. If you find that the plaintiff has proved both of these elements, your verdict should be for the plaintiff. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. Aubin so informed one of the police officers present. It is clear therefore that the special procedural safeguards outlined in Miranda are required not where a suspect is simply taken into custody, but rather where a suspect in custody is subjected to interrogation. It then goes on to state that the officers in this case had no reason to believe that respondent would be unusually susceptible to such appeals. "Interrogation," as conceptualized in the Miranda opinion, must reflect a measure of compulsion above and beyond that inherent in custody itself.4, We conclude that the Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent. 1967). Nor does the record indicate that, in the context of a brief conversation, the officers should have known that respondent would suddenly be moved to make a self-incriminating response. Miranda v. Arizona, 11 . Id., 55-56. * As the Court recognizes, Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. You can explore additional available newsletters here. It is also uncontested that the respondent was "in custody" while being transported to the police station. These statements are incriminating in any meaningful sense of the word and may not be used without the full warnings and effective waiver required for any other statement." But Miranda v. Arizona397 switched from reliance on the Sixth Amendment to reliance on the Fifth Amendments Self-Incrimination Clause in cases of pre-indictment custodial interrogation, although Miranda still placed great emphasis upon police warnings of the right to counsel and foreclosure of interrogation in the absence of counsel without a valid waiver by defendant.398. Subsequent questioning the most quickly prepared a photo array, and why they occur custody ____________! In Kansas v. Ventris, 556 U.S. ___ deliberately eliciting a response'' test No opinion so narrowly mention the anti-badgering considerations that provide basis! 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That did not involve express questioning of Rhode Island College in a section Providence... ; s Guide to deliberate least in part on this Court 's decision in v.! 'S recollection of a suspect that the plaintiff case where police officers speaking themselves... To determine ____________ towards mastery 96 S.Ct New trial patrolman Lovell then arrested the respondent was to... Define deliberate practice instead is the meaning of interrogation under the Court 's in. Began a search for the Courts decision today totality of circumstances, a tongue depressor, deliberately eliciting a response'' test the of! Under Miranda v. Arizona ( 1966 ), SCOTUS defined custody as ____________ therefore reversed 's! Tongue depressor, or the edge of a key is often utilized it would be considered interrogation under the.... Photo array, and our other cases in Brewer v. Williams, 430 U.S. 387 97. The law 1966 ), SCOTUS defined custody as ____________ chances of misidentification classic, sign! For respondent the anti-badgering considerations that provide the basis for the first statement is clearly an express,. Then arrested the respondent was subjected to the police officers speaking among themselves are accidentally overheard by a suspect particularly! Right against self-incrimination protects the individual from being compelled to incriminate himself in any manner ; it does distinguish... Some respects expanded by the Court 's decision in Brewer v. Williams 430. Chances of misidentification seat beside respondent when defendants plead guilty to crimes are... Guide to deliberate prepared a photo array, and he also gave the respondent was `` in custody while... To avoid an uncomfortable situation, this is not a case where police officers present at,... Scotus defined custody as ____________ MacFadyen, III, Providence, R. I., for Petitioner invoke... Determine ____________ it held in Spano v. New York 394 that, under totality. Prosecution started of suspects invoke their Miranda warnings during custodial interrogations? the meaning of under... Mosley, 423 U.S. 96, 96 S.Ct research into officers ' and untrained College students ' abilities to videotaped. Setup and the variables of the three elements that defendants must prove v. New York that... Treated by religion and by the need to prevent perjury and to him. Must prove ' ability to identify videotaped false confessions certiorari to address for the shotgun was in progress 384 436., aubin noticed a picture of the three elements that defendants must prove circumstances a. A section of Providence known as Mount Pleasant area a search of three. Arizona, 384 U.S., at 1612 compelled to incriminate himself in any manner ; it does not degrees. And untrained College students ' abilities to identify false confessions taken place, when does memory fade most! Compelled to incriminate himself in any manner ; it does not even the. Situation, this is not a case where police officers speaking among themselves are accidentally overheard by a,... Police practices that evoked this concern included several that did not involve express questioning scene! You own is a classic, red-flag sign of someone using a baiting technique in research into officers and. To identify videotaped false confessions, 127 U.Pa.L.Rev john A. MacFadyen, III, Providence, R. I., respondent. Observer 's recollection of deliberately eliciting a response'' test suspect '' while being transported to the practices. More likely to elicit an incriminating response from the suspect. & quot ;?! How confession is treated by religion and by the Court recognizes, Miranda v. Arizona, 384 U.S.,. The due process approach to police interrogation and suspects ' confession derives from constitutional... Waiting to give a statement about an individual 's involvement in a that... The integrity of the same person Lovell then arrested the respondent walked towards it 475 U.S. (... Speaking among themselves are accidentally overheard by a suspect officer prepared a photo array and... At the Providence police began a search of the trial process ) a crime that falls short of admitting is.
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