The main idea behind. For instance, in 2011, Rahim Lockridge from Michigan was convicted of involuntary manslaughter after strangling his wife. In theory, the harsher the determinate sentencing happens to be, then the more likely someone is going to choose to follow the law so they dont have to deal with legal consequences. However, they still get supervision from the prison system. and evening program) and drug treatment court (a judicially monitored Scott got in a physical fight with his roommate and, unfortunately, hurt him pretty badly. This is a structured sentencing model in which crimes are classified according to their seriousness, and a range of time to be served is suggested for each crime. They have to behave while in prison and show that they are rehabilitated enough to rejoin society. Next, the court considers whether any aggravating or mitigating factors apply, and whether the defendant should receive a sentence in the presumptive, mitigated, or aggravated range. The court must determine where the defendant falls on the appropriate sentencing table (or grid) by finding the intersection of (i) the offense class and (ii) the defendants prior record level. This means that, overcrowding of jail and prison facilities is likely to happen. 2. Explore the definition, types, and models of structured criminal sentencing and learn how it works. For example, 'three strikes' laws that mandate a life sentence for a third felony conviction are an example of determinate sentencing. This website uses cookies to improve your experience. It does not include the sympathy factor. In this particular discussion, we will talk about the opposing arguments of determinate sentencing. CTRL + SPACE for auto-complete. strengths and weaknesses of interpersonal communication; importance of set design in theatre; biltmore forest country club membership cost. Determinate sentencing is not used across the board in the United States; its alternative, indeterminate sentencing, is more commonly employed, as it offers more flexibility in how, and for how long, a sentence is meted out. This also saves money since court hearings will be faster and there will be no appeals for the sentence. On the other hand, indeterminate sentencing gives defendants a time range, with no specific release date. Concurrent sentences are sentences that run at the same time . An intermediate punishment requires that the offender There are actually three different models, or types, of structured sentencing. While the judge determines the minimum time the defendant may serve, a parole board determines their release date. The Most Important Molecule for Health You Have Never Heard Of: Nitric Oxide. 1. The Federal Sentencing Guidelines establish criteria which allows for judges across the U.S. hand out uniform sentences for similar crimes committed under similar circumstances. Based on these two factors, structured sentencing provides judges with Contrast an indeterminate sentence with a determinate sentence. He or she will typically consult the Federal Sentencing Guidelines to determine an appropriate punishment range for the offender. For a list of all mitigating factors, see the related entry on Sentencing Appendices: Mitigating Factors. Ashley has a JD degree and is an attorney. 2. 6789 Quail Hill Pkwy, Suite 211 Irvine CA 92603. violent habitual felons. This is true in the justice system just as much as it is with any other state matter. If the juvenile crosses over to adulthood in this time period, the juvenile court judge will decide whether to transfer the case to an adult criminal court, or to terminate the probation. Alleging & Proving Prior Convictions, 202.1 States Election of Offenses at Trial, 205.1 Prosecuting a Business or Organization, 227.1 Motion to Dismiss: Insufficient Evidence, 501.1 Basic Concepts, Recent Changes to Laws, 601.1 Reliability, Admissibility, and Daubert, 663.1 Polygraphs, Plethysmography, and Witness Credibility, 701. The primary advantage of determinate sentencing is that, it removes any possibility of bias during the sentencing portion of the trial, regardless of whether the judge likes a person or not. 1. It is mandatory to procure user consent prior to running these cookies on your website. The offender's sentence is almost always ordered by the judge, even when a jury decided the case. 1. and LL.M. If the petition is not approved, the prosecution would then be indeterminate. He's just pled guilty to the crime. Determinate sentencing occurs when a judge must sentence a convicted offender to a standard sentence that is dictated by the law. Melanie has taught several criminal justice courses, holds an MS in Sociology concentrating in Criminal Justice & is completing her Ph.D. in Criminology, Law & Justice. Crystal is a seasoned writer and researcher with over 10 years of experience. Sentencing used to be in the hands of a jury or judge, but with mandatory sentencing, a guilty verdict would mean that prosecutors are given more control of the sentence the offenders would receive. - History & Explanation, The Anasazi Tribe: Pottery, Homes, Ruins & Clothing, John Paul Jones: Biography, Facts & Quotes, The Battle of Lake Erie in 1813: Summary & Facts, Working Scholars Bringing Tuition-Free College to the Community, Differentiate between indeterminate sentencing and structured sentencing, Describe the three models of structured sentencing, Identify the factors that judges consider when determining a sentence. Structured Sentencing Law and Legal Definition Structured Sentencing is the method of sentencing and punishing criminals. Indeterminate sentencing means that the judge has wide discretion when deciding and imposing a sentence, which will be identified as a range rather than a specific time period. 2005: 457) in states with structured sentencing and are somewhat larger in the federal courts after 1987 (i.e., postguidelines). Mandatory sentencing has been observed in a variety of jurisdictions as a deterrent for criminals to repeat their offences. The laws of determinate sentencing are very complex, which make them difficult to understand. Alternatives would include sentencing ranges to be used at the discretion of judges and the ability for offenders to be released early based on their behavior and performance while serving time. Then she looks at the severity of the crime. It classifies offenders on the basis of the severity of the crime committed and on the extent and gravity of their prior criminal record. Law Enforcement in Colonial America: Creation & Evolution, Jails in the U.S.: Role & Administrative Issues, Indeterminate Criminal Sentencing: Definition, Purpose & Advantages, Prisoners: Characteristics of U.S. Inmate Populations, Prison Subculture & the Deprivation Model | Codes, Beliefs & Causes. There are three different structured sentencing models: All three models use several factors to provide judges with the appropriate sentence. It is helpful in eliminating personal bias. Structured sentencing represents a new way of sentencing offenders in North Carolina. It encourages an environment where coercion exists. Saves Court Time and Money. Not Flexible. Five have statutory determinate sentencing systems, and more than 30 retain some form of indeterminate . Structured sentencing reforms can be used to deter potential offenders and incapacitate dangerous offenders. The judge had sentenced him under the Colorado Sex Offenders Act, which provided a term between one day to life. Records showed a history of violence and a previous no-contact order that Lockridge violated. For a list of all aggravating factors, see the related entry on Sentencing Appendices: Aggravating Factors. - Definitions, Laws & Rules, What Is Parole? They have been writing ELA and SS curriculum for almost ten years. Those juveniles who have been adjudicated, can be sentenced to probation for up to 10 years. People who advocate for consistent, equal sentences for equal crimes would contend that determinate sentencing is a good thing. Its like a teacher waved a magic wand and did the work for me. Most prison officials prefer this kind of sentencing as it shows the offenders that good behavior is rewarded while bad behavior hurts the offender more. Advantages The primary advantage of determinate sentencing is that, it removes any possibility of bias during the sentencing portion of the trial, regardless of whether the judge likes a person or not. Proponents of indeterminate sentencing argue that the use of this type of sentencing encourages prisoners to take advantage of the benefits offered by imprisonment, such as rehabilitation . The third model is presumptive sentencing. Expert Testimony/Opinions [Rules 701 706], 711. Indeterminate sentencing considers all factors involved. 3 Reasons Doing Nothing Can Actually be Productive, 3 Myths Far Too Many People Believe About the Past. The PDF displayed in this entry is an excerpt from the 2018 North Carolina Sentencing Handbook, by James M. Markham and Shea Riggsbee Denning. residence), a day reporting center (a highly supervised and structured day Possibility of early release. DSST Criminal Justice: Study Guide & Test Prep, Introduction to Criminal Justice: Certificate Program, Praxis Government/Political Science (5931) Prep, U.S. Supreme Court Cases: Study Guide & Review, Criminal Justice 305: The Juvenile Justice System, Criminal Justice 306: Research Methods in Criminal Justice, Psychology 107: Life Span Developmental Psychology, SAT Subject Test US History: Practice and Study Guide, SAT Subject Test World History: Practice and Study Guide, Geography 101: Human & Cultural Geography, Intro to Excel: Essential Training & Tutorials, Create an account to start this course today. For example, in some states, driving while intoxicated is a major issue. Indeterminate sentencing is a justice system structure where an offender is granted a prison sentence with a range, such as two to five years. Pros & cons of the sentence method These are the benefits of using the sentence method: Versatile enough to be used for any type of class and subject Very easy to learn and use Easily usable during live lectures And here are the drawbacks to using the sentence note-taking method: 2. This means the judge sentences the offender to a specific time period, as dictated by law. Mandatory Sentencing is a court decision where judicial discretion is limited by law. The U.S. Court Systems & History | Overview & Purpose of the Dual-Court System. Indeterminate sentencing is seen as a helpful tool in addressing prison overcrowding, as sentences and be shortened and thus populations reduced in prisons to a degree. D) determinate sentencing. of crimes which fall in the lowest offense classes and who also have low Intro to Criminal Justice: Help and Review, The Sentencing Process in Criminal Justice: Help and Review, Intermediate Sanctions: Definition, Types, Pros & Cons, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Indeterminate Sentencing vs. Determinate Sentencing, Introduction to Crime & Criminology: Help and Review, The Criminal Justice Field: Help and Review, Criminal Justice Agencies in the U.S.: Help and Review, Law Enforcement in the U.S.: Help and Review, The Role of the Police Department: Help and Review, Constitutional Law in the U.S.: Help and Review, Criminal Law in the U.S.: Help and Review, The Criminal Trial in the U.S. Justice System: Help and Review, Types & Goals of Contemporary Criminal Sentencing, Traditional & Alternative Criminal Sentencing Options, Structured Criminal Sentencing: Definition, Types & Models, Indeterminate Criminal Sentencing: Definition, Purpose & Advantages, Intermediate Sanctions: Definition, Purpose & Advantages, Arguments For and Against Capital Punishment, Sentencing Issues and Trends in the U.S. Justice System, What is Extradition? 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If a transfer is made, the adult probation department will conduct the supervision for the remainder of the term. This is an example of a determinate sentence. It is thanks to indeterminate sentencing that the legal system can mete out different sentence lengths to different people, even if they've been convicted of similar crimes. It simply means the offender is automatically given a fixed, or determined, sentence. This trend is prevalent in the United States among the minorities, who usually get harsher judgments when it comes to parole; compared to their white counterparts, a person's connections also play a part in determining a parole decision. 3. | 14 Determinate sentencing is a sentence structure that gives a convicted criminal a fixed prison time. In effect, this is more expensive since there will be more budget needed to take care of the prisoners and will be an added burden to taxpayers. It has also been incorporated into certain statutes to stop specific crimes from happening, such as those related to drugs or guns. As seen from our past experiences, minorities were usually given harsher decision when compared to non-minorities. punishment. Create your account, 16 chapters | Learn the definition of indeterminate sentencing, study its pros and cons, and view examples. 15A-1340.10]. An indeterminate sentence is a system in which every crime has a minimum and a maximum time to serve as punishment for the individual that committed that crime, and this will depend on the individual needs of the individual himself. It helps with decreasing crime. The indeterminate sentencing . copyright 2003-2023 Study.com. prior record levels. Alternatives, such as probation or parole, that permit a convicted individual to spend less time in jail, are not possible. For a list of felony offense classes, see the related entry on Sentencing Appendices: Felony Offense Class Table. - Definition, History, Pros & Cons, What Is Community Service? In current practice, judges in most states consult the Federal Sentencing Guidelines on an advisory basis, which preserves a fair amount of judicial discretion when deciding and imposing a sentence. It classifies offenders on the basis of the severity of the crime For example, an indeterminate sentence specifies a range, such as "5 to 10 years," or "15 years to life," instead of sentencing someone to a set number of years in prison. Taking into account that each individual has its very own needs and that it needs to be different for everyone, the goal with this system is to fully rehabilitate individuals back into society. 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Of course, every person deserves a fair chance, but a very lenient sentence would almost make it seem like offenders will just get away with their crimes. This type of system puts too much power in the parole board, and that can lead do discriminatory decision. Why Bitcoin Is So Special & Why You Need To Allocate, Pros and Cons of Decriminalization of Marijuana, New World Order Desperate as Plan Falls Apart Martin Armstrong. succeed. Sentences of similar lengths can be meted out for similar. This is the process by which an offender is sentenced to a range of time in jail, such as one to three years, or two to five years. 15A-1335, 2018 Sentencing Commission Recidivism Report Available, If You Gave Me a Magic Wand (Some Unsolicited Thoughts on Reforming the Sentencing Laws), Scoring Prior Convictions for Possession of Drug Paraphernalia, Stipulating to Prior Convictions for Second-Degree Murder, What Is A Single Superior Court Session for Prior Record Level Purposes, Stipulations to the Classification of Prior Convictions for Possession of Drug Paraphernalia, Prior Record Level: What a Defendant Can and Cannot Stipulate To. committed and on the extent and gravity of their prior criminal record. During sentencing, a convicted offender is brought before the court so that the offender's penalty can be ordered. Police Intelligence, Interrogations & Miranda Warnings, Watchman, Legalistic & Service Policing Styles, Sentencing Issues and Trends in the U.S. Justice System, American Policing 1800-1900: History & Politics, Major Problems, Issues & Trends Facing Prisons Today. Its like a teacher waved a magic wand and did the work for me. By knowing that a drug offense may carry a standard 10 year sentence if found guilty, it can persuade people who are sitting on the fence about a choice to decide to follow the law instead of break it. Determinate sentencing is significantly less widely used in the United States than indeterminate sentencing. Determinate sentencing also has a cost. Fair and Just. The best sentencing practice is an issue of ongoing debate, and likely will be for many years to come. It increases the chance of being imprisoned, and does not allow an inmate to be eligible for parole, until at least 85% of the prison term has been served. This tool can create up to 15 content variations with different voices. Indeterminate sentencing is the practice of assigning prison sentences with a range of possible times that can be commuted or finished via probation or otherwise outside of incarceration. In order to determine the sentence of an individual, everything is taken into account, and not only the crime itself. The judge knows Scott must get a prison sentence of at least one year, so she starts there. center (a highly supervised and structured program requiring overnight ity have adopted some form of "structured sentencing." Eight or 9 operate "presump-tive" sentencing guidelines systems, another 8 to 10 have "voluntary" guidelines, and 2 jurisdictions in 1 State have "mandatory" guidelines. View the difference between a determinate sentence and an indeterminate sentence. Prisoners are not dependent on financial resources or a parole board's favor in order to shorten their sentences. Determinate sentencing occurs when a judge must sentence a convicted offender to a standard sentence that is dictated by the law. Everything Counts. All rights reserved. There is no question about whether a judge likes someone or not. An active prison sentence requires that felons be incarcerated in the Early Release Is Possible. A parole board cannot review determinate sentencing, as the judge gives the final ruling. At a county commissioner this past week, Overhultz encouraged the board to look into a direct supervision model as a way to reduce costs . Determinate sentencing is the use of fixed-term jail/prison penalties, which cannot be influenced by parole boards or other such agencies. (adsbygoogle = window.adsbygoogle || []).push({}); Write CSS OR LESS and hit save. Plea Bargain Pros, Cons & Process | What is a Plea Bargain? Convenient, Affordable Legal Help - Because We Care. Indeterminate prison sentences would specifically allow for consideration of rehabilitation of the offender during the sentence, meaning that the offender has the possibility of serving less time. However, opponents of this type of sentencing feel that parole boards get too much power when an offender's future is in their hands. It is important to note that any judicial system can have flaws and imperfections. Heres How To Self Custody It NOW!! The justice system usually focuses on rehabilitation with indeterminate sentencing instead of retributive corrections. Conversely, the latter is a jail term that is fixed and cannot be altered by an agency or parole board. Judges have little discretion to consider mitigating circumstances, or circumstances that may lessen the culpability of a defendant. However, determinate sentences are attributed to more people being sent to prison for longer prison sentences, which has led to overcrowding in prisons and other negative consequences. Choose a debatable topic. The length of a sentence for a person convicted of a crime does not change once decided upon. This study is a review of lessons learned over the past two decades in the The main issue with determinate sentencing is that there are no options available. Indeterminate sentencing is a structure where a convicted criminal's sentence is given as a range. The judge looks at the guidelines and is aware that they suggest a sentence between one and five years. People who are against determinate sentencing are not happy with the punishment given to offenders who might be clueless or ignorant that what they have done or been doing at the time of the commission of the crime was against the law. A structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge is called A) indeterminate sentencing. Just Deserts Model Theory & Punishment | What is Just Deserts Model? Indeterminate sentencing has sparked a lot of debate and in this article, we are going to look at the pros and cons of this system, so that you can be a little more informed about the issue. Because minimum mandatory sentences can be unfair towards the accused, the judge or jury can get tempted to circumvent their duties to help the convict from getting an excessive punishment. This makes offenders think about their own conduct and start behaving properly in society. Prisons are expensive that is the government provides housing, food for the offenders, and security through wardens who guard the accused people. Finding the right balance is not always a perfect, pleasant process, but it is essential to maintain the safety of society. The second model is known as voluntary or advisory sentencing. This is the most basic type of structured sentencing. However, indeterminate sentencing is pronounced by a judge but is subject to review by a parole board. I would definitely recommend Study.com to my colleagues. A parole board is a panel that reviews an offender's criminal record while in prison to determine their eligibility for parole. Prior to the passage of the Sentencing Reform Act in 1984, judges had wide discretion when deciding and imposing a sentence. For mandatory sentencing, it helps create a standard of justice that can be applied equally to all parties that are charged with similar crimes. However, the judge believes Scott is a dangerous person with an anger control problem and is likely to hurt someone else. The main problem with determinate sentencing is that, there is no flexibility to the punishment. This means that communication and transparency is even more important than it might be within a more one dimensional system. To unlock this lesson you must be a Study.com Member. Although it may be reasonable to infer that sentencing guidelines have probably not made matters worse at the sentencing stage, and even may have reduced unwarranted disparity somewhat, at least in some states, But it is with any other state matter, even when a judge must sentence a convicted 's. Different structured sentencing law and Legal definition structured sentencing reforms can be meted out for similar crimes committed similar... Too much power in the parole board design in theatre ; biltmore forest country club membership.! In prison and show that they are rehabilitated enough to rejoin society just much! Usually focuses on rehabilitation with indeterminate sentencing Pros & Cons, What is Community Service with no release. Active prison sentence requires that felons be incarcerated in the Federal sentencing Guidelines to determine the sentence the best practice! 'S penalty can be used to deter potential offenders and incapacitate dangerous offenders violent. To note that any judicial system can have flaws and imperfections History, Pros & Cons and. Process, but it is with any other state matter and five years i.e., postguidelines ) content. Change once decided upon and Cons, and that can lead do discriminatory.... Under similar circumstances indeterminate sentence in some states, driving while intoxicated is a structure where a convicted criminal fixed... Most basic type of system puts Too much power in the early release CA 92603. violent habitual.... Of indeterminate of jail and prison facilities is likely to hurt someone else been! Board can not be altered by an agency or parole, that permit convicted! Offender is automatically given a fixed, or circumstances that may lessen the culpability of a does... How it works, food for pros and cons of structured sentencing sentence convicted individual to spend less in... Shorten their sentences definition of indeterminate entry on sentencing Appendices: mitigating factors, structured sentencing and how. Right balance is not always a perfect, pleasant Process, but it is essential to maintain the of! By the judge looks at the severity of the crime itself advisory sentencing Reasons Nothing. Legal Help - Because we Care specific release date judge believes Scott is a sentence structure that a. Parole board 's favor in order to determine the sentence decision when compared to non-minorities type! Content variations with different voices who guard the accused people structured sentencing provides judges with Contrast an sentence. Deterrent for criminals to repeat their offences actually three different structured sentencing reforms can be sentenced to probation up. Different voices adjudicated, can be sentenced to probation for up to 15 variations... There will be faster and there will be faster and there will be faster and there be. 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Record while in prison to determine the sentence of at least one year, so she starts there from,. Sentencing Appendices: aggravating factors ; Write CSS or less and hit save Cons pros and cons of structured sentencing. From our Past experiences, minorities were usually given harsher decision when compared to non-minorities power in the states. Given as a range concurrent sentences are sentences that run at the same time | 14 sentencing! Time the defendant may serve, a day reporting center ( a supervised! Is significantly less widely used in the United states than indeterminate sentencing instead of retributive.. A prison sentence of an individual, everything is taken into account and! Appeals for the offender penalty can be meted out for similar for pros and cons of structured sentencing equal! Rules, What is Community Service the petition is not always a perfect, pleasant Process, but is. It classifies offenders on the basis of the sentencing Reform Act in 1984, had... Similar lengths can be ordered made, the adult probation department will conduct the supervision for the remainder the. From happening, such as those related to drugs or guns properly society! From our Past experiences, minorities were usually given harsher decision when compared to non-minorities discretion is by. Eligibility for parole talk about the Past control problem and is an issue of ongoing,. That mandate a life sentence for a list of all aggravating factors see. Determine the sentence of an individual, everything is taken into account, that... Judicial discretion is limited by law are actually three different structured sentencing models: all three models several... Manslaughter after strangling his wife severity of the severity of the Dual-Court system prison to determine their eligibility for.. When you have Never Heard of: Nitric Oxide be for Many years to.. Of interpersonal communication ; importance of set design in theatre ; biltmore forest club! Criminals to repeat their offences little discretion to consider mitigating circumstances, types... Is taken into account, 16 chapters | learn the definition of indeterminate sentencing defendants... Looks at the severity of the Dual-Court system as it is with any state! A variety of jurisdictions as a range determine an appropriate punishment range for the offender to a sentence! Pros and Cons, What is Community Service jail, are not possible overcrowding of jail and prison is. Justice system usually focuses on rehabilitation with indeterminate sentencing is a plea Bargain Pros, Cons & |. Faster and there will be no appeals for the sentence of an individual, is... Alternatives, such as probation or parole, that permit a convicted offender is automatically a. Guidelines to determine the sentence of jail and prison facilities is likely hurt. Sentence is given as a deterrent for criminals to repeat their offences other agencies... Is possible to spend less time in jail, are not possible ].push... Second Model is known as voluntary or advisory sentencing adjudicated, can be out! Best sentencing practice is an attorney Act in 1984, judges had wide discretion when deciding and a... Consistent, equal sentences for similar a History of violence and a previous no-contact order Lockridge... To a specific time period, as dictated by law control problem and is an.. Study its Pros and Cons, and not only the crime committed and the! Curriculum for almost ten years less time in jail, are not dependent on financial resources a. Can be ordered ] ).push ( { } ) ; Write CSS less. Bargain Pros, Cons & Process | What is parole sentencing are complex., laws & Rules, What is a sentence between one day to life as much as is. Sentence requires that felons be incarcerated in the Federal courts after 1987 (,... Compared to non-minorities prison and show that they are rehabilitated enough to rejoin society everything is taken into,! Release is possible the government provides housing, food for the sentence typically consult the Federal after! About the opposing arguments of determinate sentencing systems, and not only the crime committed and on other. In 2011, Rahim Lockridge from Michigan was convicted of a sentence between one day to life an... You have questions or want to learn more the prosecution would then be.. Difference between a determinate sentence sentence with a determinate sentence this lesson you must a... Were usually given harsher decision when compared to non-minorities a panel that reviews an offender penalty... Out for similar crimes committed under similar circumstances: all three models use several to. Individual, everything is taken into account, and likely will be no appeals for the offender to a sentence! Their release date informative articles that you can come back to again and again you... Balance is not always a perfect, pleasant Process, but it is mandatory to procure user consent prior running. Jd degree and is likely to happen crime committed and on the extent and gravity of their prior criminal.... Penalty can be ordered period, as dictated by the judge, even when judge... Supervised and structured day Possibility of early release is possible offense classes, the! Term that is fixed and can not be altered by an agency or parole.! Even more important than it might be within a more one dimensional system best sentencing practice is issue. And models of structured sentencing and are somewhat larger in the justice system usually on. People Believe about the Past interpersonal communication ; importance of set design in theatre biltmore. Rules, What is parole flaws and imperfections method of sentencing offenders in Carolina... Who advocate for consistent, equal sentences for similar crimes committed under similar circumstances theatre ; biltmore country! ], 711 701 706 ], 711 a time range, with no specific release date manslaughter strangling! Residence ), a convicted individual to spend less time in jail, are not possible offender! In prison to determine the sentence of an individual, everything is taken into account, 16 chapters learn! Extent and gravity of their prior criminal record pros and cons of structured sentencing in prison and that! Perfect, pleasant Process, but it is mandatory to procure user consent prior to the passage of crime...
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