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The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.

  1. Criminal Procedure Part One: Foundations of Criminal Procedure

    6H AGO

    Criminal Procedure Part One: Foundations of Criminal Procedure

    Understanding the Foundations of Criminal Procedure: A Deep Dive This conversation provides a comprehensive overview of criminal procedure, detailing the flow of the justice system from investigation to post-conviction relief. It emphasizes the balancing act between societal needs and individual rights, the role of the prosecutor, and the complexities of federal habeas corpus. The discussion highlights key procedural rules, the importance of constitutional protections, and the challenges faced by defendants in navigating the legal system. Imagine standing at the crossroads of law and liberty, where every decision shapes the balance between societal safety and individual rights. This is the realm of criminal procedure, a complex yet fascinating field that defines how justice is administered. The Structure of Criminal Procedure: Criminal procedure is the backbone of the justice system, dictating how the government can investigate, arrest, and prosecute individuals. It is built on constitutional principles and court rules, ensuring that every step from investigation to conviction respects individual rights. The process begins with the investigation phase, where law enforcement must determine if a crime occurred and identify the perpetrator, all while adhering to constitutional safeguards. Key Components: Searches and Seizures: Governed by the Fourth Amendment, this aspect addresses when and how the government can intrude on personal privacy. Interrogations: The Fifth Amendment protects against self-incrimination, ensuring individuals are aware of their rights through the Miranda warning. Identifications: Procedures like lineups and DNA testing must meet due process standards to avoid unfairness. The Role of the Prosecutor: The prosecutor wields significant power, deciding whether to charge an individual based on the evidence. This decision initiates the judicial process, where the accused is formally charged and advised of their rights. The Judicial Process: From the first court appearance to the trial, each stage is designed to uphold constitutional rights. The preliminary hearing offers a glimpse into the prosecution's case, allowing the defense to strategize effectively. The trial itself culminates in a verdict, leading to sentencing and potential appeals. Criminal procedure is a delicate balancing act between enforcing the law and protecting individual freedoms. It is a testament to the complexity of justice, where every rule and decision shapes the landscape of liberty. Subscribe now to stay informed on the latest in legal insights and justice system developments. Takeaways Criminal procedure is about the structure that defines liberty. The investigation phase is governed by constitutional rules. The prosecutor has immense power in the charging decision. Preliminary hearings provide critical insights for the defense. The federal system of courts operates in a hierarchical structure. Incorporation applies most rights in the Bill of Rights to the states. State constitutions can offer more protections than federal law. Habeas corpus serves as a last resort for state prisoners. Procedural hurdles can bar federal claims if not properly navigated. Actual innocence is a procedural tool, not a substantive right. criminal procedure, investigation, prosecution, trial, habeas corpus, constitutional rights, legal process, justice system, appeals, law students

    39 min
  2. Criminal Law Part Seven: The Changing Face of Justice

    1D AGO

    Criminal Law Part Seven: The Changing Face of Justice

    This conversation explores the profound transformation in the criminal justice system driven by technological advancements, particularly in the realm of cybercrime, data analysis, and artificial intelligence. It delves into the challenges of jurisdiction, the complexities of cross-border evidence collection, and the implications of encryption on privacy and security. The discussion also highlights systemic biases revealed through data, the fairness paradox in algorithmic risk assessments, and the need for legislative reforms to adapt to these changes. Ultimately, it emphasizes the importance of AI literacy within the justice system to ensure that core principles of due process are upheld in a digital world. In today's rapidly evolving legal landscape, the traditional foundations of criminal justice are being reshaped by three transformative forces. As we delve into these changes, we uncover the profound impact of cybercrime, data-driven insights into systemic bias, and the philosophical shift towards restorative justice. Cybercrime and Jurisdiction: The borderless nature of cybercrime challenges traditional notions of jurisdiction. With crimes often spanning multiple countries, the Budapest Convention on Cybercrime emerges as a critical framework for international cooperation. However, the absence of universal enforcement mechanisms highlights the need for continued legal innovation. Data-Driven Insights into Systemic Bias: Data analysis reveals deep-rooted biases in the justice system, particularly affecting marginalized communities. Tools like COMPASS, intended to introduce objectivity, have inadvertently amplified existing biases. This underscores the importance of transparency and fairness in algorithmic decision-making. Restorative Justice and Legislative Reform: The shift towards restorative justice emphasizes healing and accountability over punishment. By involving victims, offenders, and communities in the justice process, this approach aims to repair harm and reduce recidivism. Legislative reforms, such as the elimination of mandatory minimums and bail reform, further support this transformative vision. Conclusion: As we navigate these changes, the legal profession must adapt to ensure justice remains fair and equitable. By embracing technological advancements and addressing systemic biases, we can uphold the rule of law and protect the rights of all individuals. Subscribe Now: Stay informed about the latest developments in criminal justice by subscribing to our newsletter. Takeaways The traditional era of criminal justice is fundamentally over. Cybercrime challenges the concept of jurisdiction. International cooperation is essential for addressing cybercrime. Cross-border evidence collection is a significant bottleneck. Encryption poses a dilemma between privacy and security. Authentication of digital evidence is crucial but not sufficient for admissibility. Deepfakes threaten the integrity of multimedia evidence. Data analysis reveals systemic biases in sentencing. Algorithmic risk assessments can perpetuate existing biases. Legislative reforms are necessary to adapt to technological advancements. criminal justice, cybercrime, jurisdiction, international law, encryption, digital evidence, systemic bias, AI, legislative reform, due process

    54 min
  3. Criminal Law Part Six: The Philosophy of Sentencing

    2D AGO

    Criminal Law Part Six: The Philosophy of Sentencing

    The Complex Landscape of Sentencing: Balancing Justice and Redemption This conversation delves into the complexities of sentencing in criminal law, exploring the philosophical foundations of punishment, the shift from rehabilitation to retribution, and the implications of mass incarceration. It examines the effectiveness of deterrence and incapacitation, the challenges of parole, and the debate surrounding life without parole. The discussion also highlights the role of algorithmic risk assessments and emerging paradigms like restorative justice, ultimately questioning the future of justice and the potential for redemption. In the realm of criminal law, the question of why we punish is as philosophical as it is practical. This exploration delves into the heart of sentencing, examining the four core philosophies: retribution, deterrence, rehabilitation, and incapacitation. Each philosophy offers a unique lens through which to view justice, yet they often collide with the messy realities of judicial discretion and sentencing reform. Retribution: A Look Backward Retribution is rooted in the past, focusing on settling a moral score for actions already committed. It demands that punishment fit the crime, emphasizing proportionality to ensure fairness. However, the challenge lies in achieving perfect proportionality, as the subjective experience of punishment can vary widely among individuals. Deterrence: The Forward-Looking Approach Deterrence aims to prevent future crimes by making punishment a deterrent. It operates on the assumption that potential offenders will weigh the costs and benefits of their actions. Yet, research shows that the certainty of punishment, rather than its severity, is what truly deters crime. This highlights a significant policy paradox, as lawmakers often focus on increasing sentence lengths rather than improving the likelihood of apprehension. Rehabilitation: The Noble Ideal Rehabilitation seeks to reform offenders by addressing the root causes of their behavior. While historically dominant, this approach faced criticism for its perceived ineffectiveness. However, a resurgence of interest in evidence-based corrections offers hope for more targeted interventions that address criminogenic needs, such as cognitive behavioral therapy and vocational education. Incapacitation: The Brute Force Solution Incapacitation physically prevents offenders from committing further crimes by removing them from society. While effective in the short term, its long-term efficacy is debated, particularly when considering the replacement effect in market-driven crimes. The Path Forward: Embracing Complexity As we navigate the complexities of sentencing, the challenge remains to balance competing values: fairness versus freedom, certainty versus discretion. The rise of restorative and community justice offers a promising alternative, focusing on repairing harm and integrating social services into the justice system. Ultimately, the quest for a just response to crime requires embracing the complexity of human lives and prioritizing redemption over retribution. Conclusion: A Call to Action For those studying law, understanding these philosophies is crucial. Yet, beyond academic analysis, the broader question persists: What does a truly just response to crime look like? As future legal professionals and citizens, grappling with this question will shape the future of our justice system. Takeaways Sentencing is a critical juncture in criminal law. The philosophical goals of sentencing include retribution, deterrence, incapacitation, and rehabilitation. The shift from rehabilitation to a punitive system has led to mass incarceration. Deterrence relies more on the certainty of punishment than its severity. Incapacitation may not effectively reduce crime rates due to the replacement effect. sentencing, criminal law, retribution, rehabilitation, deterrence, incapacitation, mass incarceration, justice system, parole, redemption

    50 min
  4. Criminal Law Part Five: The Courtroom Arena

    3D AGO

    Criminal Law Part Five: The Courtroom Arena

    The American Criminal Justice System: A Deep Dive into Failure and Reform This conversation delves into the foundational issues of the American criminal justice system, focusing on over-criminalization, plea bargaining, and the systemic failures that lead to a net loss of liberty. It critiques the current practices and proposes a liberty balancing approach to restore fairness and individual rights. The discussion highlights the coercive nature of plea deals, the implications of proxy crimes, and the challenges posed by procedural barriers and the presumption of regularity. Ultimately, it questions the efficacy of the jury trial system and the concept of legal formalism in ensuring justice. In today's exploration, we delve into the intricate and often flawed mechanisms of the American criminal justice system. This isn't just about the high-profile trials that capture public attention; it's about the underlying structures and procedures that shape outcomes long before a jury is seated. The Systemic Failures: The American criminal justice system is plagued by over-criminalization and a reliance on plea bargaining, which bypasses the constitutional design of our courts. With 95% of felony convictions resulting from guilty pleas, the adversarial trial system is more theoretical than practical. This administrative workaround, driven by overwhelming caseloads and limited resources, raises ethical and constitutional concerns about coercion and fairness. The Liberty Balancing Approach: A proposed reform is the Liberty Balancing Approach (LBA), which seeks to redefine criminal laws as protectors of fundamental rights and liberties. This framework demands rigorous scrutiny of laws that restrict freedom, ensuring they are justified and proportionate. The LBA aims to narrow the application of criminal law, focusing on preserving individual liberties. The Role of Proxy Crimes: Proxy crimes, such as illegal firearm possession, serve as placeholders for more serious offenses. These laws often lead to intrusive enforcement methods that infringe on individual liberties, particularly in marginalized communities. The effectiveness of these laws in reducing crime is questionable, with evidence suggesting they may even increase violence by shifting conflict resolution to unregulated channels. The Burden of Proof: The allocation of the burden of proof in criminal procedure is inconsistent, creating disparities in constitutional protections. The presumption of regularity, which assumes public officials act legally, shifts the burden to defendants to prove misconduct. This presumption is often factually unsupportable, particularly in the context of indigent defense and racial bias in prosecutorial decisions. Conclusion: The American criminal justice system is at a crossroads, with systemic pressures threatening its foundational principles. Reforms like the Liberty Balancing Approach and a reevaluation of proxy crimes are essential to restoring balance and protecting individual liberties. As we navigate these challenges, the question remains: do we have the political and institutional will to enact meaningful change? Subscribe now to stay informed on the latest discussions and reforms in the criminal justice system. Takeaways The American criminal justice system is fundamentally flawed. Over-criminalization affects 70% of Americans. Plea bargaining is a coercive mechanism in the justice system. The liberty balancing approach seeks to restore individual rights. Proxy crimes create legal traps for marginalized communities. Procedural barriers often prevent justice from being served. The presumption of regularity shifts the burden unfairly to defendants. Jury trials are declining, impacting democratic justice. American criminal justice, over-criminalization, plea bargaining, liberty balancing approach, proxy crimes, procedural barriers, jury trials, legal formalism, presumption of innocence

    44 min
  5. Criminal Law Part Four: Power and the Fourth Amendment

    4D AGO

    Criminal Law Part Four: Power and the Fourth Amendment

    Understanding the Fourth and Fifth Amendments: A Deep Dive into Constitutional Law This conversation delves into the constitutional mechanisms that check government power within the criminal justice system, focusing on the Fourth and Fifth Amendments. It explores the exclusionary rule, its historical evolution, and the rationale behind it, including judicial integrity and deterrence. The discussion also covers the practical application of the Fourth Amendment through the stop and frisk doctrine established in Terry v. Ohio, and the implications of Miranda rights under the Fifth Amendment. The conversation emphasizes the balance between individual rights and law enforcement practices, highlighting the ongoing debate surrounding these critical legal principles. Imagine a world where the government could search your home or seize your property without any justification. The Fourth and Fifth Amendments of the U. S. Constitution stand as bulwarks against such overreach, ensuring that citizens' rights are protected from unwarranted government intrusion. This blog post explores the intricate legal frameworks and historical evolution of these amendments, shedding light on their critical role in safeguarding justice. The Exclusionary Rule: A Judicial Remedy The exclusionary rule is a cornerstone of Fourth Amendment jurisprudence, designed to prevent the use of illegally obtained evidence in court. Originating from the landmark case of Weeks v. United States in 1914, and later expanded to state courts in Mapp v. Ohio (1961), this rule underscores the principle that the government must not benefit from its own unlawful actions. The rule's dual rationales—judicial integrity and deterrence—have sparked ongoing debates about its effectiveness and necessity. Judicial Integrity vs. Deterrence: The Ongoing Debate Judicial integrity emphasizes the moral obligation of courts to uphold the law by excluding tainted evidence, thereby maintaining public trust in the justice system. On the other hand, deterrence focuses on discouraging police misconduct by removing the incentive to violate constitutional rights. Recent studies suggest that public confidence in the judiciary increases when the exclusionary rule is applied, highlighting its role in preserving the court's legitimacy. The Fifth Amendment and Miranda Rights The Fifth Amendment's protection against self-incrimination is another critical aspect of constitutional law. The Miranda v. Arizona decision in 1966 established the requirement for law enforcement to inform suspects of their rights, ensuring that confessions are obtained without coercion. This safeguard is vital in maintaining the balance between effective law enforcement and individual rights. The Balance of Power The Fourth and Fifth Amendments are more than just legal doctrines; they are essential components of a fair and just society. As the legal landscape continues to evolve, these amendments remind us of the delicate balance between government authority and individual freedoms. By understanding and upholding these constitutional protections, we ensure that justice prevails for all. Subscribe now to stay informed about the latest developments in constitutional law and how they impact your rights. Takeaways The Fourth and Fifth Amendments are crucial in checking government power. The exclusionary rule aims to uphold judicial integrity and deter police misconduct. Judicial integrity focuses on the court's honor, while deterrence aims to modify police behavior. The exclusionary rule has evolved significantly since its inception in 1914. MAP v. Ohio was a landmark case that extended the exclusionary rule to state courts. The Terry framework established the standards for stop and frisk procedures. constitutional law, exclusionary rule, Fourth Amendment, Fifth Amendment, criminal justice, police misconduct, judicial integrity, Miranda rights, reasonable suspicion, law enforcement

    46 min
  6. Criminal Law Part Three: Defenses and Justifications

    5D AGO

    Criminal Law Part Three: Defenses and Justifications

    Understanding Criminal Law Defenses: Justification vs. Excuse This conversation delves into the intricate world of affirmative defenses in criminal law, focusing on the distinctions between justification and excuse, the complexities of self-defense, necessity, duress, insanity, and entrapment. The discussion emphasizes the moral and legal implications of these defenses, exploring how they shape the understanding of culpability and the evolving nature of legal standards in response to societal changes. In the realm of criminal law, defenses play a pivotal role in determining the outcome of a case. Among these, justification and excuse stand out as two fundamental concepts that can alter the course of justice. But what exactly do these terms mean, and how do they differ? The Heart of Criminal Law: Justification and Excuse At the core of criminal law lies the distinction between justification and excuse. Justification focuses on the act itself, arguing that under specific circumstances, the defendant's actions were socially desirable or warranted. It's the classic "lesser of two evils" argument, where society deems the act morally permissible. For instance, if someone stops a runaway trolley by damaging property, their act, though technically illegal, is seen as morally virtuous. On the other hand, excuse shifts the focus from the act to the actor. Here, the conduct is acknowledged as wrong, but the defendant is forgiven due to a defect or impairment, such as insanity or duress. The law recognizes that the actor lacked the free will necessary for full culpability, leading to a different legal outcome. The Complexity of Self-Defense Self-defense is perhaps the most well-known justification defense. It requires the defendant to prove a reasonable belief that force was necessary to prevent imminent harm. However, the challenge lies in determining whether this belief was objectively reasonable. The case of People v. Goetz highlights this complexity, where the court had to decide if Goetz's fear was reasonable given his past experiences and the situation he faced. Navigating Necessity and Duress Necessity and duress are defenses that arise when a defendant is caught between a rock and a hard place. Necessity justifies an act as the lesser of two evils, often in response to natural forces, while duress excuses an act due to coercion by another person. The Supreme Court case United States v. Bailey illustrates the stringent requirements for these defenses, emphasizing the need for a bona fide effort to surrender once the coercive force dissipates. The Controversial Insanity Defense The insanity defense remains one of the most debated topics in criminal law. It acknowledges that the defendant was so mentally ill that they shouldn't be held morally responsible for their actions. The M'Naghten rule, which focuses on the defendant's ability to distinguish right from wrong, is the most common test for insanity. However, the legal landscape is evolving, with some states abolishing the traditional insanity defense altogether. Conclusion: The Ongoing Legal Challenge Criminal law's attempt to balance objective standards with the subjective realities of individual cases is an ongoing challenge. As society evolves, so too must the legal defenses that protect individuals' rights while ensuring justice is served. Understanding the nuances of justification and excuse is crucial for anyone navigating the complex world of criminal law. Affirmative defenses allow defendants to claim they should not be held liable even if the prosecution proves their case. Justification argues that the act was socially desirable, while excuse focuses on the actor's lack of moral capacity. Self-defense requires proving a reasonable belief of imminent threat and proportionality of response. criminal law, affirmative defenses, justification, excuse, self-defense, necessity, duress, insanity, entrapment, legal standards

    41 min
  7. Criminal Law Part Two: Defining Criminal Liability

    6D AGO

    Criminal Law Part Two: Defining Criminal Liability

    Understanding the Foundations of Criminal Liability: A Deep Dive This conversation delves into the foundational elements of criminal liability, focusing on the four key components: actus reus, mens rea, concurrence, and causation. It emphasizes the importance of understanding these elements for law students and legal practitioners, highlighting the principle of legality as a safeguard against arbitrary punishment. The discussion also explores the implications of strict liability offenses and the emerging challenges posed by artificial intelligence in the realm of criminal law. In the realm of criminal law, understanding the foundational elements of criminal liability is crucial for both legal professionals and those interested in the justice system. This blog post delves into the core components that form the bedrock of criminal liability: actus reus, mens rea, concurrence, and causation. Actus Reus: The Physical Act The concept of actus reus, or the "guilty act," is the physical element of a crime. It requires a voluntary action, excluding involuntary movements like reflexes or actions taken while unconscious. The law focuses on punishing actions rather than thoughts, emphasizing the importance of conscious, volitional movement. Mens Rea: The Guilty Mind Mens rea, or the "guilty mind," is the mental state accompanying the actus reus. It determines the level of moral blameworthiness and is categorized into four levels: purpose, knowledge, recklessness, and negligence. Each level reflects the defendant's state of mind and directly impacts the severity of the crime and punishment. Concurrence and Causation Concurrence requires that the criminal intent and the criminal act occur simultaneously. Without this temporal alignment, a crime cannot be established. Causation, on the other hand, involves proving that the defendant's actions directly caused the harm. It is analyzed through factual causation (the "but-for" test) and legal causation (proximate cause), ensuring that the harm was a foreseeable result of the defendant's actions. Strict Liability Offenses An exception to the requirement of mens rea is strict liability offenses, where the prosecution only needs to prove the actus reus. These offenses, often related to public welfare, do not require proof of intent, making them unique in the landscape of criminal law. Understanding these foundational elements is essential for navigating the complexities of criminal law. As technology evolves, the application of these principles continues to be tested, particularly in cases involving autonomous systems. Stay informed and engaged with these critical concepts to better understand the legal landscape. Subscribe now to stay updated on the latest insights in criminal law. Takeaways Master the four bedrock elements of criminal liability: actus reus, mens rea, concurrence, and causation. The principle of legality ensures that the government's power to punish is not arbitrary and must be defined by law. Actus reus refers to the physical act of committing a crime, which must be voluntary and can include omissions under certain legal duties. Mens rea is the mental state of the defendant at the time of the crime, which is crucial for establishing guilt. Concurrence requires that the intent and the act occur simultaneously for liability to be established. Causation involves proving both factual and legal causation to link the defendant's actions to the harm caused. Strict liability offenses do not require proof of mens rea, focusing solely on the act itself. The legal landscape is evolving with the introduction of AI, raising questions about liability and culpability. Understanding the nuances of legal duties and exceptions is essential for accurately analyzing criminal liability cases. The distinction between subjective and objective standards ... criminal law, actus reus, mens rea, concurrence, causation, strict liability, principle of legality, legal duty, AI liability, criminal liability

    44 min
  8. Criminal Law Part One: The Bedrock of Law

    JAN 5

    Criminal Law Part One: The Bedrock of Law

    Criminal Law: Balancing Liberty and State Control This conversation delves into the philosophical foundations of criminal law, focusing on the Liberty Balancing Approach (LBA) which seeks to balance individual liberty with state power. It discusses the crisis of over-criminalization in the U.S., the implications of proxy crimes, and the importance of the principle of legality and due process. The conversation also touches on the role of habeas corpus as a check on state power and the ongoing debate over individual liberty versus popular sovereignty. In the realm of criminal law, the balance between individual liberty and state control is a delicate one. This blog post delves into the philosophical foundations of American penal law, exploring the Liberty Balancing Approach (LBA) and its implications on the justice system. The Liberty Balancing Approach: The LBA is a framework that emphasizes the protection of individual liberties while maintaining social order. It mandates that criminal law must be narrowly defined, focusing on protecting specific legitimate liberties. The approach scrutinizes the necessity and legitimacy of state actions, questioning whether the current system truly balances liberty or prioritizes control. The Three Liberty Interests: Criminal transactions involve three distinct parties: the victim, the offender, and the community. Each has its liberty interests at stake, and the LBA examines how these interests are protected or infringed upon by the law. The framework warns against over-criminalization and the broad definition of community liberties, which can lead to mission creep in the justice system. Alternatives to Criminal Law: The LBA advocates for using alternatives to criminal law, such as tort law, financial regulations, and civil penalties, to address certain offenses. These alternatives can provide redress without resorting to harsh punishments and the stigma of a criminal record. The Crisis of Over-Criminalization: The United States faces a crisis of over-criminalization, with an overwhelming number of statutes leading to selective enforcement and injustice. The LBA highlights the failure of mass incarceration to deliver promised public safety benefits and its criminogenic impacts on society. The Liberty Balancing Approach offers a framework for evaluating the legitimacy of criminal laws and their impact on individual liberties. By questioning the necessity and legitimacy of state actions, the LBA seeks to ensure that the justice system truly balances liberty and control. Subscribe Now: Stay informed about the latest discussions in criminal law by subscribing to our blog. Join us as we continue to explore the complexities of the justice system and the balance between liberty and state control. Takeaways Understanding the theoretical underpinning of criminal law is critical for law students. The Liberty Balancing Approach (LBA) emphasizes individualism in criminal law. Over-criminalization leads to a crisis of legitimacy in the legal system. Alternatives to criminal law should be exhausted before resorting to punishment. Political incentives often drive legislative overreach in criminal law. Proxy crimes can lead to abusive enforcement practices. Drug prohibition exemplifies the failure of proxy crime legislation. The principle of legality ensures laws are clear and defined by legislatures. Due process requires laws to be understandable to the average citizen. Habeas corpus serves as a vital check on government power. criminal law, Liberty Balancing Approach, over-criminalization, due process, habeas corpus, individual liberty, state power, legal paternalism, proxy crimes, political incentives

    49 min
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The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.

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  • Creator
    The Law School of America
  • Years Active
    2020 - 2026
  • Episodes
    1.7K
  • Rating
    Clean
  • Copyright
    © The Law School of America
  • Show Website
    Law School

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