8th Amendment Cartoon

8th Amendment cartoon from the most recent Double Vision column by Charlie Adley. I'm a signatory to the Artists' Campaign to Repeal the 8th and I'm happy to be able to deal with it on this 8th Amendment cartoon.Browse 8th amendment pictures, photos, images, GIFs, and videos on PhotobucketRight clipart truthful trial - Pencil and in color right 399 x 341 jpeg 27kB. www.pinterest.comEach of the following 8th Amendment Court Cases is a very powerful case in the Supreme Court's historical past of rulings regarding the 8th Amendment to the United States Constitution. Each case sets the most important precedent or establishes important guidelines for what the amendment if truth be told way. The 8th Amendment prohibits over the top fines, over the top bail and harsh and extraordinary punishment.This web page is ready 8th Amendment Art,comprises Bill of Rights,27 Amendments by way of seth.aaron,'In Her Shoes Women of the Eight',Unknown deadly injections are a cruel and abnormal punishment and more...

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8th Amendment Court Cases

Supreme Court

Each of the next 8th Amendment Court Cases is the most important case within the Supreme Court's history of rulings in regards to the 8th Amendment to the United States Constitution. Each case units a very powerful precedent or establishes vital tips for what the amendment actually means. The 8th Amendment prohibits excessive fines, excessive bail and vicious and odd punishment.

The 8th Amendment reads like this:

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

8th Amendment Court CasesExcessive Bail Clause

United States v. Salerno - 8th Amendment Court Cases

The Excessive Bail Clause prohibits judges from requiring excessively prime quantities of bail for an accused particular person to get out of jail before their trial. One question that the 8th Amendment leaves open, alternatively, is whether or not the amendment requires that all defendants be given the opportunity to post bail, or if there are some cases, reminiscent of when a person might represent a threat to the neighborhood if launched, when the pass judgement on can refuse to offer somebody the alternative to submit bail and get out of jail.

In United States v. Salerno, 1987, the Supreme Court ruled that the "Bail Reform Act of 1984" did not violate the 8th Amendment's Excessive Bail Clause, nor did it violate the Due Process Clause in the 5th Amendment. The Bail Reform Act gave the federal courtroom permission to hold other folks sooner than their trial if they might prove the individual was too dangerous to permit unfastened in the group.

In this situation, Anthony Salerno, a member of the mafia was arrested for violating the Racketeer Influenced and Corrupt Organizations Act, differently referred to as the RICO Act. The government detained him after he used to be arrested and did not allow him to publish bail at the grounds that he was a danger to the neighborhood.

Salerno challenged the government, alleging that his detention earlier than trial violated his 8th Amendment right to submit bail. The Court disagreed and made an excessively clear remark that the Excessive Bail Clause does no longer promise the suitable to bail in each case and that the one limitation imposed by means of the 8th Amendment on bail is that "the federal government's proposed prerequisites of unencumber or detention now not be 'over the top' in mild of the perceived evil."

8th Amendment Court CasesExcessive Fines Clause

Waters-Pierce Oil Co. v. Texas - 8th Amendment Court Cases

In one vital 8th Amendment courtroom case, the Waters-Pierce Oil Co. was once charged with violating Texas' anti-trust regulation. The advantageous imposed was ,000 a day for every day the alleged breaking of the law happened. Waters-Pierce used to be accused of violating the anti-trust legislation for over 300 days, making the advantageous over 1.6 million greenbacks.

In Waters-Pierce Oil Co. v. Texas, 1909, Waters-Pierce alleged in their counter swimsuit that the huge superb violated the Excessive Fines Clause of the 8th Amendment. The Court disagreed, pointing out that the Court:

"...can not intervene with state legislation in solving fines, or judicial motion in enforcing them, until so grossly over the top as to amount to deprivation of assets with out due technique of regulation... this Court will not dangle that the tremendous is so over the top as to quantity to deprivation of belongings with out due strategy of regulation the place it appears that the trade used to be intensive and winning all through the duration of violation, and that the company has over ,000,000 of assets and has declared dividends amounting to a number of hundred p.c."

What makes this case necessary is that it sets up a standard for judging whether or not or no longer a tremendous is "excessive." The usual set up this is that a positive must now not be "so grossly excessive as to amount to deprivation of belongings with out due means of law." In other phrases, the government will have to no longer have the ability to confiscate such a lot of property with out following an established algorithm created through the legislature.

United States v. Bajakajian - 8th Amendment Court Cases

The United States Supreme Court has overturned best one high-quality as over the top in line with the Excessive Fines Clause in its 200+ years and that did not occur until 1998.

In 1994, Hosep Krikor Bajakajian attempted to go away the United States to visit Cyprus with 7,A hundred and forty four in cash to pay a debt. Leaving the country with a large amount of money is not unlawful, but if the amount is greater than ,000 it must be reported to the government. Bajakajian didn't document the amount, so he was once in violation of the legislation. When he was tried, the federal government ordered that he will have to forfeit the complete 7,One hundred forty four since the United States Code, 18 U.S.C. § 982(a)(1) stated:

"The court, in imposing sentence on an individual convicted of an offense in violation of [the aforementioned] section... shall order that the person forfeit to the United States any belongings, actual or personal, concerned about such offense, or any belongings traceable to such belongings."

The regulation used to be clear that the entire quantity will have to be confiscated. However, the query handy was once whether or not or now not it violated the Excessive Fines Clause of the 8th Amendment.

Writing for almost all, Associate Supreme Court Justice Clarence Thomas wrote:

"Comparing the gravity of respondent's crime with the 7,144 forfeiture the Government seeks, we conclude that one of these forfeiture can be grossly disproportional to the gravity of his offense. It is larger than the ,000 high-quality imposed by the District Court through many orders of magnitude, and it bears no articulable correlation to any injury suffered through the Government... For the foregoing causes, the total forfeiture of respondent's currency would violate the Excessive Fines Clause."

8th Amendment Court CasesCruel and Unusual Punishments Clause

Wilkerson v. Utah - 8th Amendment Court Cases

In crucial 8th Amendment court case from 1879, referred to as Wilkerson v. Utah, the United States Supreme Court affirmed a choice by means of the Supreme Court of the Territory of Utah that demise by firing squad did not violate the 8th Amendment's Cruel and Unusual Punishments Clause. The Court did mention that some paperwork of punishment, comparable to drawing and quartering, public dissecting, burning alive, or disembowelling, would violate the clause.

Weems v. United States - 8th Amendment Court Cases

Weems v. United States, 1910, marked the first time the United States Supreme Court reversed a lower court docket's resolution that a punishment used to be indeed "cruel and unusual."

Paul Weems used to be an officer of the Bureau of Coast Guard and Transportation within the Philippines, which was then a US colony. Weems used to be convicted of falsifying a record with the intent of defrauding the government. He was sentenced to fifteen years in jail with sure prerequisites to the confinement. He was to be shackled from wrist to ankle and compelled to work at "hard labor" for the length. Weems challenged the punishment as a contravention of the Cruel and Unusual Punishments Clause.

The Supreme Court agreed. In its opinion, the Court stated that this type of serious punishment for this type of minor crime used to be merciless and atypical and in violation of the 8th Amendment. This case is important as a result of it is continuously viewed as having established a "idea of proportionality" when punishments are handed down. In different phrases, the punishment will have to be in percentage to the seriousness of the crime.

It will have to be famous that some other people disagree with this theory, believing that it restricts lawfully elected legislators from figuring out what suitable punishments for a crime must be, as an alternative giving this power to unelected judges.

The advent of the "principle of proportionality" made this one in all crucial 8th Amendment courtroom instances.

Trop v. Dulles - 8th Amendment Court Cases

Trop v. Dulles, 1958, used to be one of the crucial vital 8th Amendment court circumstances as it set a precedent for the way the Court would decide which crimes were cruel and unusual and which of them weren't.

The circumstances of the Trop case were that Albert Trop, who used to be a US citizen, had abandoned the Army while serving in Morocco in 1944. Several years later he attempted to get a US passport, but was once denied based at the Nationality Act of 1940, which stated that if an individual abandoned the US Armed Services, he would lose his citizenship. Since he was once not a citizen of the United States, he may not be issued a passport.

Trop filed go well with. The district court docket and the Appeals Court for the Second Circuit agreed that Trop was now not a citizen. The United States Supreme Court reversed the verdict, alternatively, pronouncing that the removal of someone's citizenship was a contravention of the 8th Amendment because it amounted to "the total destruction of the individual's status in organized society," that means this was once putting off the entire particular person's rights. Taking away all of a person's rights, the Court judged, used to be cruel and atypical.

What was once most vital regarding this ruling, on the other hand, was the observation of Chief Justice Earl Warren in the majority opinion. In explaining their examination of whether or not or no longer putting off someone's citizenship used to be "cruel and unusual punishment," Justice Warren stated that:

"The [Eighth] Amendment must draw its meaning from the evolving requirements of decency that mark the development of a maturing society."

In other phrases, he was pronouncing that what used to be once considered a suitable punishment through society might not be applicable any more. In colonial America, as an example, branding and cutting off the offender's ear had been thought to be to be acceptable forms of punishment, however nowadays these are thought to be reprehensible. Likewise, other types of punishment such as burning at the stake or crucifixion had been acceptable in sure societies at one time.

What is appropriate to society can trade from technology to generation. According to the Court, society's current requirements should be regarded as when taking into consideration what is "cruel and unusual." This principle has come to be known as the "evolving standards of decency" theory. This same old was taken into consideration for later strikes of the Court akin to banning the execution of mentally retarded other people and juveniles.

Chief Justice Earl Warren

It should be famous that many of us reject the theory of the usage of "evolving standards of decency" in deciphering the 8th Amendment, together with many Supreme Court justices. Many imagine that for the reason that 8th Amendment does now not mention one of these "evolving standard," it should be considered in its ancient context most effective, this is, that what used to be considered to be "cruel and unusual" at the time of its writing is what the Founders had been relating to. Only the ones punishments thought to be cruel and abnormal at the founding duration are what is meant to be banned through the 8th Amendment.

Those on this aspect of the argument additionally consider the that means of the phrase "unusual" is very transparent - punishments that have now not been in use for a long time must be have shyed away from, now not punishments that have often been in use, but are now not acceptable.

Those towards the "evolving standards of decency" argument also feel that using this same old takes away the facility from state legislatures to decide what are and what don't seem to be suitable punishments in their states. This, they argue, takes away legislative power and places the facility into the fingers of the judiciary.

Another argument in prefer of this place is if a punishment has in point of fact gone out of favor with the public, the legislatures most likely will mirror that vary by way of amending the law. For instance, death through hanging hasn't ever been banned via the Supreme Court, however the procedure has been in large part deserted by way of the states in choose of lethal injection, which is seen as extra humane. Indeed, handiest 3 folks have been hanged within the United States since 1976, so the converting public opinion was once mirrored via legislative determination and now not by means of Supreme Court mandate.

Robinson v. California - 8th Amendment Court Cases

In Robinson v. California, 1962, the Supreme Court dominated that a California legislation making it a misdemeanor to "be addicted to the use of narcotics" was once unconstitutional. Robinson was taken into custody and charged after a police officer spotted what he thought have been injection marks on Robinson's arm. The officer also alleged that Robinson confessed to having used medicine and to being an addict, details which Robinson denied he ever said.

Robinson was once sentenced to Ninety days in jail for being an addict. The Supreme Court, however, mentioned that this type of punishment for what was once "apparently an illness" violated the Cruel and Unusual Punishments Clause of the 8th Amendment. California used to be essentially punishing other people for a state of being, that being having an sickness, somewhat than for a particular act. Using an analogy, the Court wrote that although a 90 day punishment in and of itself was once no longer merciless or extraordinary, "even one day in jail could be a cruel and unusual punishment for the 'crime' of having a common chilly."

The Court also famous that anyone may just violate this law without ever having used drugs in the state of California. In other words, having "the state of being" of an addict should no longer make one eligible for punishment, but as an alternative, an actual act should happen.

In 1968, in a case called Powell v. Texas, this situation was once used to problem a Texas regulation against public intoxication.

Powell v. Texas - 8th Amendment Court Cases

In Powell v. Texas, 1968, Powell was convicted of public intoxication, violating Texas law. Powell alleged that this violated the 8th Amendment's Cruel and Unusual Punishments Clause. He argued that since the Court had ruled in opposition to criminalizing the state of addiction in Robinson v. California, his punishment should be overturned, as Texas used to be criminalizing his habit to alcohol.

The Supreme Court disagreed, pointing out that Powell "was once convicted, now not for being a prolonged alcoholic, however for being in public whilst under the influence of alcohol on a specific occasion." In other words, Powell had committed a definite act a criminal offense and this was once punishable. Robinson, in the earlier case, merely had a condition and had now not dedicated an act. So to ensure that a courtroom to legally punish someone and avoid violating the Cruel and Unusual Punishments Clause, they must have committed an act towards the law and now not simply been in a state of being or have a condition.

Furman v. Georgia - 8th Amendment Court Cases

Furman v. Georgia, 1972, used to be a landmark 8th Amendment court docket case that critically changed the best way the death penalty was once enforced in the United States. It used to be the lead case in a chain of circumstances regarding capital punishment. For two centuries capital punishment was thought to be valid and simply and this used to be the first time the Court decided that had critical ramifications referring to its persisted use.

William Furman, a black man, used to be convicted of killing a person whilst attempting to rob the man's space. He was once given the dying penalty for his crime. Furman appealed the sentence and the Supreme Court agreed that the death penalty violated the 8th Amendment's prohibition against merciless and bizarre punishments.

The justices within the majority had been in agreement that the punishment violated the 8th Amendment, however they didn't agree in their reasoning. Justice Potter Stewart, writing for almost all, wrote that:

"Of all of the other folks convicted of rapes and murders in 1967 and 1968, many just as reprehensible as these, the petitioners are amongst a capriciously decided on random handful upon whom the sentence of dying has actually been imposed. My concurring Brothers have demonstrated that, if any basis can also be discerned for the selection of these few to be sentenced to dying, it's the constitutionally impermissible basis of race. But racial discrimination has not been proved, and I put it to 1 facet. I simply conclude that the Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of dying under felony techniques that let this unique penalty to be so wantonly and so freakishly imposed."

Click to amplify

Justice Potter Stewart

Justice Stewart was announcing that the death penalty used to be being passed out wantonly, arbitrarily and capriciously, without any set of standards governing when the punishment must be given. In the case of Furman, Stewart believed that he will have been given the dying penalty solely as a result of he was a black man.

Consequently the Court gave two tips which will have to be adopted to be able to satisfy the 8th Amendment's proscription of Cruel and Unusual Punishment. The Court mentioned that the loss of life penalty could most effective satisfy the 8th Amendment if the next conditions had been met:

The scheme will have to supply purpose criteria to direct and restrict the loss of life sentencing discretion. The objectiveness of these standards must in flip be ensured by means of appellate overview of all dying sentences.Second, the scheme should allow the sentencer (whether pass judgement on or jury) to remember the character and file of an individual defendant.

In response, the states that then allowed capital punishment needed to stop the process and rewrite the regulations. Many fighters of the dying penalty had hoped the Furman case will be the finish of capital punishment altogether. They had been very surprised and angered when the states started to rewrite their laws in an strive to meet the Court.

In a 1976 case referred to as Gregg v. Georgia, the troubles of the Court were adequately addressed by what's referred to as a "bifurcated" trial. The states had damaged down their death penalty procedures into a "bifurcated" set of events, engaging in trials and sentencing one at a time and the use of many written requirements for the procedure, according to the Court's tips set out in Furman. As a outcome, the death penalty was reinstituted, albeit with many extra restrictions.

Gregg v. Georgia - 8th Amendment Court Cases

The Supreme Court had necessarily barred the dying penalty with its 1972 8th Amendment courtroom case, Furman v. Georgia. In Gregg v. Georgia, 1976, the Court reaffirmed the demise penalty, agreeing that the guidelines they'd established in Furman have been met. Indeed, 35 states and the government rewrote their laws with much stricter guidelines and procedures for the way the demise penalty can be applied, thus providing an overly robust indication that society considered the loss of life penalty to be a suitable form of punishment.

Georgia had instituted a "bifurcated trial" system, which means the trial was once separated from the sentencing. First, guilt or innocence used to be determined with out taking into consideration the sentence. Second, the sentence was imposed based totally on written "aggravating" elements and attention of "mitigating" components.

Since the Court required explicit rules regarding when the dying penalty could be carried out, Georgia made a list of "aggravating" components. If any of the disturbing elements existed within the crime, the person was eligible for the dying penalty. Aggravating components are factors within the commission of against the law that make it more serious than other crimes. For instance, the use of a gun in a criminal offense is normally an worrying factor as a result of the use of a gun is thought of as extra critical than now not the use of a gun. Other nerve-racking factors ceaselessly include things like did the defendant have any earlier criminal fees, did he commit the crime while committing any other prison, does he supply a grave chance to society or was the crime specifically outrageous, vile or inhuman. In the Gregg case, the Court discovered that a number of irritating elements did exist, thus making him eligible for the loss of life penalty.

Secondly, the jury was once allowed to believe "mitigating" components. Mitigating components are factors explicit to the case at hand that may name for a special judgment than would most often be considered for a similar case. For example, if a particular person is mentally retarded or insane after they devote the crime, most people do not think any such individual should be punished in the similar manner an individual of standard intelligence can be punished. Other mitigating elements in crime include things like the defendant's age at the time of the crime, the defendant's cause (was once it executed deliberately or used to be it an twist of fate) and whether or not the individual was being coerced or was below extreme pressure at the time of the crime.

The Georgia law mentioned that when the defendant used to be discovered to be eligible for the dying penalty on account of the presence of a minimum of one aggravating issue, the jury must then believe any mitigating elements. If they believed that there have been mitigating cases, they may cut back the sentence to lifestyles without parole. If there were no mitigating instances, they may give the demise penalty.

After Furman, the states that allowed the dying penalty all rewrote their rules in line with this system. First, a bifurcated trial used to be used, wherein the finding of guilt or innocence used to be separated from the sentencing. Second, the eligibility of the defendant was once determined by means of written hectic components made up our minds by way of the legislature. Third, the jury may just take a look at mitigating factors that would possibly reduce the sentence to lifestyles in prison. This determination gave the jury some discretion in bearing in mind the particular person circumstances of the case. This process avoided the arbitrary and capricious utility of the dying penalty the Supreme Court was once so fascinated with and the dying penalty persevered to be used within the United States in line with the brand new procedures.

Coker v. Georgia - 8th Amendment Court Cases

Coker v. Georgia, 1977, made it illegal to execute any person for the crime of rape. The resolution successfully made it illegal to execute anyone for every other crime much less serious than murder. Erlich Anthony Coker used to be serving a couple of sentences for kidnapping, rape, irritated attack and one depend of first stage murder when he escaped, simplest to commit some other rape and armed robbery.

Coker was given the demise penalty for this rape, which decision used to be appealed to the Supreme Court. In its determination, the Court agreed that Coker will have to not be done. The Court invoked the "evolving standards of decency" reasoning discussed above in Trop v. Dulles, 1958, arguing that Georgia used to be the only state left that allowed the demise penalty for rape. All different states had banned it by this time. This made it transparent to the Court that society's opinion concerning the justice of execution on the subject of rape had changed.

The Court additionally invoked the "principle of proportionality," from the aforementioned Weems v. United States, 1910, pointing out that, whilst rape used to be an overly serious crime, it did not upward thrust to the level of taking someone's existence, subsequently, taking the lifetime of the perpetrator used to be out of proportion to the crime.

In Kennedy v. Louisiana, 2008, the usual that execution may just only be done legally with regards to homicide was once challenged as soon as again. In this 8th Amendment court docket case, the Louisiana Supreme Court upheld a Louisiana legislation that sentenced kid rapists to execution. The Louisiana court held that this was consistent with Coker v. Georgia and that the mitigating factor of the age of the victim is what made the variation.

The United States Supreme Court disagreed. Only five states had similar such laws making an allowance for the execution of kid rapists, thus now not constituting a national consensus on the factor. Only one individual had been done for rape in the United States since 1964. The Court made it clear that execution used to be no longer an acceptable punishment below the 8th Amendment beneath any instances apart from for homicide. The only other form of crime for which the loss of life penalty is authorized besides murder, is crimes against the state - things similar to treason and spying towards the country.

Atkins v. Virginia - 8th Amendment Court Cases

In Atkins v. Virginia, 2002, the Supreme Court dominated that this is a violation of the 8th Amendment's Cruel and Unusual Punishments Clause to execute any person who is mentally retarded. The resolution reversed a previous Court decision in Penry v. Lynaugh, 1989 that did permit execution of mentally retarded people.

United States Supreme Court

Daryl Atkins used to be convicted of the August 16, 1996 killing of Airman Eric Nesbitt, a soldier from close by Langley Airforce Base. Atkins and an associate had forced Nesbitt to provide them cash from an ATM and then shot him. Atkins used to be sentenced to loss of life, in spite of the truth that it got here out he best had an IQ of Fifty nine all over the trial. The determination was once appealed, arguing that it was once a contravention of the 8th Amendment to execute a mentally retarded particular person.

The Supreme Court reversed its previous selections permitting the execution of mentally retarded other folks in line with a perceived shift of public opinion, again the usage of the "evolving standards of decency" argument. The Court got here to the belief that the public had shifted its opinion as a result of a majority of states that allowed the loss of life penalty had also banned executing the retarded.

In addition, the Court made a lengthy dialogue of the truth that mentally retarded individuals weren't totally in a position to understand their actions and the ramifications of their movements on others. Because the mentally retarded defendant used to be no longer able to perceive why he was being killed, reasoned the Court, it was merciless and peculiar to execute him. Executing a mentally retarded individual also failed to supply a deterrent to other mentally retarded individuals who would possibly consider committing a criminal offense because they couldn't understand why the other mentally retarded individual was being performed anyway.

In their dissent, Justices Antonin Scalia, Clarence Thomas and Chief Justice William Rehnquist strongly criticized the ruling, pronouncing that there was once no nationwide consensus, nor did they consider that the 8th Amendment allowed the usage of such standards for judging what was "cruel and unusual." Justice Antonin Scalia wrote for the minority:

"seldom has an opinion of this court docket rested so obviously upon nothing but the non-public views of its contributors."

Roper v. Simmons - 8th Amendment Court Cases

At the age of 17, Christopher Simmons was once charged with murder for breaking into a lady's house, tying her up and throwing her off a bridge in Missouri. He won the dying penalty for the crime. Later, in line with Atkins v. Virginia, 2002, which reversed the demise penalty for retarded persons due to "evolving standards of decency," a Missouri court docket repealed Simmons' sentence and lessened it to lifestyles without the possibility of parole.

The State of Missouri appealed the decision to the Supreme Court of the United States. The enchantment stated that it used to be merciless and strange, and due to this fact a violation of the 8th Amendment, to execute somebody whose crime were committed ahead of they had been 18.

In Roper v. Simmons, 2005, the Supreme Court made one in all its most necessary 8th Amendment courtroom case rulings, agreeing with Simmons and the dying penalty used to be overturned. The Court reversed itself from a previous ruling in Standford v. Kentucky, 1989, in which it had allowed the loss of life penalty for minors who had been Sixteen or 17 at the time of their crime. The Court said that a nationwide consensus against executing minors was once growing within the United States, due to the truth that 18 of the 38 states that allowed the dying penalty had already made it a criminal offense to execute minors. The minority dissented that 18 states hardly made a "national consensus."

Graham v. Florida - 8th Amendment Court Cases

Terrance Jamar Graham used to be charged as an adult for armed housebreaking with assault and battery in Florida. He was once 17 at the time of the crime. He gained a sentence of existence without the opportunity of parole.

The Supreme Court dominated in Graham v. Florida, 2010, that a lifestyles sentence without possibility of parole violated the 8th Amendment if the defendant used to be a minor. The Court believed that minors should be held to another same old than adults and that since minors have less strength of will, are much less accountable and are not totally conscious about the results in their actions as an grownup can be, they should be given the chance to rehabilitate and reenter society. The Court said that life with out risk of parole for a minor was justified best with regards to murder.

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Learn more about these Amendments:

Learn in regards to the Preamble to the Bill of RightsLearn concerning the 1st Amendment here.Learn concerning the second Amendment here.Learn about the third Amendment here.Learn about the 4th Amendment right here.Learn concerning the 5th Amendment here.Learn about the sixth Amendment here.Learn concerning the 7th Amendment here.Learn in regards to the 8th Amendment right here.Learn about the 9th Amendment right here.Learn about the 10th Amendment here.

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