Hanging is allowed as an alternative method of execution in two states: New Hampshire and Washington. Actually yes. This number has decreased in recent years though, with 28 executions total in the last five years. 35-38-6-1), Lethal injection is the sole method. Well, for more on this topic, were going to Durham, North Carolina, to speak with Jacqueline Olive, director of a film called Always in Season. Controversies surrounding the method to be used have delayed executions in many states, contributing to an overall decline in the use of the death penalty. [1] Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States. 77-18-5.5), Allows prisoners to choose between lethal injection and electrocution. We rely on contributions from our viewers and listeners to do our work. However, most opponents of hanging opposed these laws. * Delaware and Washington have declared their capital sentencing procedures unconstitutional and have resentenced all death-row prisoners to life without parole. Norman D. Brown, Hood, Bonnet, and Little Brown Jug: Texas Politics, 19211928 (College Station: Texas A&M University Press, 1984). If you live in any of the states listed below and HOA rules have hampered your hang drying, take heart: the law was on your side all along. (3) Hanging was means of execution from 1819 to 1923. (S.C. Code Ann. Our Daily Digest brings Democracy Now! **New Hampshire abolished the death penalty but the repeal may not apply retroactively, leaving a prisoner on death row facing possible execution. 4304), Allows prisoners to choose between lethal injection and electrocution. We do not accept funding from advertising, underwriting or government agencies. The main purpose is to speed up the electric circuit to kill the person faster. "The U.S. has always been skittish and conscious of viewers," says Richard Dieter, executive director of the Death Penalty Information. Additionally, Texas has been significantly more active in its prosecution of capital offenses compared to other states. But you can slap a random stranger and In the Wild West of the 1800s, rustling was a hanging offense. Prior to 1923, Texas counties were responsible for their own executions. Allen W. Trelease, White Terror: The Ku Klux Klan Conspiracy and Southern Reconstruction (New York: Harper and Row, 1971). Thanks for joining us. All but 15 of the 322 lynching incidents that have a known locality occurred in the eastern half of the state. The reason inmates are on death row for so long is because they must have the opportunity to exhaust all appeals before the death sentence is carried out. The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. Study now. [15][pageneeded]. But if these are suicides, then thats information thats really important to understand, in addition to understanding what are the issues around structural racism that can increase depression and increase anxiety and the suicide rate for Black people. Additionally, Texas has a comparatively high murder rate. The use of organized terror by lynch mobs appeared in Texas during Reconstruction as the Ku Klux Klan and similar organizations resorted to violent methods of restoring White supremacy. And so, the outcry, even when theres a suicide, is out of this sense of urgency that all of these things, including the noose incidents and all of these ways that Black lives are threatened and minimized, they could very easily result in lynching. Stat. 922.105), Lethal injection is the sole method. . Raised in San Antonio and educated at the University of Texas School of Law, she had spent 10 years doing mostly bankruptcy work for a blue chip Houston firm, along with a year as general counsel . In 1922 thirteen mobs claimed fifteen victims. is a 501(c)3 non-profit news organization. While capital punishment is accepted in Texas, executions by hanging were not allowed after . The State of Texas executed the first inmate by electrocution on February 8, 1924. But there has been no hanging since 1996 in this country. Capital punishment, also known as the death penalty, has become a less frequently used penalty over the years . Delaware's Supreme Court declared the death penalty to be in violation of their state constitution in 2016,[21] Washington abolished executions in 2018,[22] and New Hampshire abolished executions in 2019. 2949.22), Authorizes use of nitrogen hypoxia if either lethal injection is held unconstitutional or otherwise unavailable; then authorizes electrocution if nitrogen hypoxia and lethal injection are held unconstitutional or otherwise unavailable; finally authorizes firing squad if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or otherwise unavailable. (Okla. Stat. That is a very good question because it brings up an important point. Record Coal Prices Help Break Strike. Is it still legal to hang cattle rustlers in Texas? How many people are on death row in Texas? How Do You Get Rid Of Hiccups In 5 Seconds. Sign up for our Daily News Digest today! Many scholars maintain that the unprecedented nationwide attention and coverage the execution received caused the United States to outlaw public executions. Half of the White victims died between 1885 and 1889, and 53 percent of the Hispanics died in the 1915 troubles. Well, typical of this case, and it was certainly the case with Lennon Lacy, that I researched really thoroughly as we filmed, is that the police generally show up, and they show up within three days or so, and theyve made their conclusion of suicide. The other comment that was made around the case is that its a relief that that wasnt a lynching. "[8] Individuals like Benjamin Rush laid the foundation for death penalty abolition movements that are still carried on today. The San Saba County lynchers, the deadliest of the lot, claimed some twenty-five victims between 1880 and 1896. Horse theft today is comparable to automobile theft, a crime punishable by felony jail time. In 1982, the state became the first jurisdiction in the world to carry out an execution by lethal injection, when it executed Charles Brooks Jr. And so, you have all of these cases in the midst of violence we know thats not being acknowledged. I started looking at the case of Antwan Sedgwick, who was found hanging in Hampton, Virginia, hours after the O.J. This was the execution of Nathaniel Cash, convicted of attempted capital murder in 2010. They ought to just bring back the firing squadIdont care. The Daily Intelligencer has collected pictures of execution chambers around the country (May 16,2014). If lethal injection is held to be unconstitutional or if the lethal substances are unavailable, then electrocution will be used. (Fla. Stat. UNIDENTIFIED: I think they hung him up to make it look like a suicide. [4][5] John Billington is thought to be one of the first men to be hanged in New England; Billington was convicted of murder in September 1630 after he shot and killed John Newcomen. Home | About | Contact | Copyright | Privacy | Cookie Policy | Terms & Conditions | Sitemap. The earliest of these groups, the Shelby County Regulators of 184044, killed at least ten people during the Regulator-Moderator War. These states include Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and Wyoming. 2023 BBC. tit. Texas State Historical Association (TSHA), Association of Southern Women for the Prevention of Lynching. No, Texas is not a hanging state, which is an outdated term referring to certain states in the southeastern United States where legally sanctioned public executions by hanging were allowed at one time or another, usually prior to the 20th century. [23] However, the last man on death row in the three states is Michael Addison in New Hampshire, after murdering a police officer on 16 October 2006. Part of this was unintentional: the gruesome and widely publicized 1893 torture-burning of Henry Smith before an assembly of thousands at Paris helped galvanize the infant antilynching movement into action. The state has the most active death chamber in the nation, with 541 executions since reinstatement. (Colo. Rev. Yes so far. Stay safe. Loitering is protected, first and foremost, by the 14th Amendment. If lethal injection is held to be unconstitutional, then electrocution will be used. "If hanging was the usual method, we would probably have abolished execution," he said ABCNEWS.com. Those are all really important to understand. is hanging still legal in texas for cattle rustling. Starting in the early 1830s, public hangings were considered by many to be cruel. See answer (1) Best Answer. The bill - passed with a 410-4 majority - is named after a black teenager whose murder spurred the Civil Rights movement. The maximum U.S. penalty for desertion in wartime remains death, although this punishment was last applied to Eddie Slovik in 1945. These lights must be visible for at least 300 feet. Code. Following the American Revolution led by the Continental Congress and the subsequent ratification of the United States Constitution, the Bill of Rights was signed into law and became the first ten amendments to that constitution. It's actually still legal to not just shoot the person but to hang them. AMY GOODMAN: And can you talk about how these hangings are often after some kind of horrific event, like the police killing of Michael Brown in 2014? ****Virginia abolished the death penalty on March 24, 2021, and those on death row at that time had their sentences commuted. Additionally, a person may be sentenced to death if they are convicted of multiple offenses resulting from the same scheme of criminal conduct. tit. The most serious outbreak of this sort occurred in North Texas in 1860, when rumors of a slave insurrection led to the lynching of an estimated thirty to fifty slaves and possibly more than twenty Whites (see TEXAS TROUBLES, SLAVE INSURRECTIONS). He may be executed by hanging if lethal injection is unconstitutional or inefficient, or if he chooses to be executed by hanging. Fourteen years later in 1849, fifteen more states also enacted such laws. WASHINGTON - The House overwhelmingly passed legislation Wednesday that would make lynching a federal crime, a move supporters said is "long overdue" in a country whose history is stained . Stop using the damn race card. We all agree that despite the legendary myth about horse theft being a hanging offense in the West, we can't recall an instance of a horse thief being hanged by a legal court. They deserve a full investigation, Olive says of the recent hangings, and given the context of this history that we look at them more than three days, and then that they are looked at as a whole.. Write by: . Jacqueline Olive, we welcome you back to Democracy Now!, under horrible circumstances of one death after another, young African American men hanging from trees in the United States, not 100 or 200 years ago, but in these last weeks. And so, this kind of invisibility that goes with these hanging cases, in general, is even greater with trans women, trans people, like Tete Gulley, for whom the family still believes that she didnt commit suicide. No, being hung as a form of capital punishment is prohibited in the United States, including Texas. And so, it was the case with Lennon Lacy, is that the police, within his body was found on August 29th, 20 days after the uprising in Ferguson, Missouri, following the murder of Mike Brown August 29, 2014, on a Friday. What crimes get the death penalty in Texas? Every penny counts! However, the act is not retroactive, leaving two people on the states death row. Is hanging still legal in the US? How long will data stay on a flash drive? 431.220), Lethal injection is the sole method. [13], After the American Civil War, the frontier opened up, and law lagged behind, with an undetermined number of local criminals suffering Lynching, or extrajudicial hanging. The legislature passed an antilynching law in 1897, governors called out the Texas Volunteer Guard to help defend prisoners on numerous occasions, and local officers sometimes went to great lengths to protect their prisoners. Since 1982, when executions resumed in Texas after a four-year suspension, the state has executed a total of 571 inmates. Texas State Historical Association (TSHA) Immediately after Reconstruction, lynch law evidently declined somewhat, but it soon increased again, and began to be characterized by events in which mobs removed victims from legal custody, sometimes with the cooperation of legal authorities. Many others considered them a major community event and still others took to them as an opportunity to become unruly as with modern sporting events: "Sometimes tens of thousands of eager viewers would show up to view hangings; local merchants would sell souvenirs and alcohol. Because of a resistance by drug manufacturers to provide the drugs typically used in lethal injections, some states now allow the use of alternative methods if lethal injection cannot be performed. Thats fine withme., Joe Deters, Hamilton County (OH) Prosecutor, who has sought the death penalty 120 times Ohio Public Radio, Nov. 1,2013, Listen to the audio Execution Tapes recorded by the Georgia Department of Corrections, which narrate the executions of 22 inmates in the electric chair. In the event the prisoner refuses to make a choice at least 15 days prior to the scheduled execution, the method of execution shall be by lethal injection. (Va. Code Ann. Effective 7/1/18, lethal injection will be administered unless the prisoner affirmatively chooses nitrogen hypoxia or electrocution in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death. If electrocution or nitrogen hypoxia are held unconstitutional, the method of execution shall be lethal injection. If lethal injection is held unconstitutional or otherwise becomes unavailable, the method of execution shall be by nitrogen hypoxia. (Ala. Code 15-18-82.1) If electrocution, nitrogen hypoxia, and lethal injection are all held to be unconstitutional , then all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution based on the sole discretion of the Commissioner of the Department of Corrections. (Ala. Code 15-18-82.1.c), Authorizes lethal injection for persons sentenced after 11/15/92; those sentenced before that date may select lethal injection or lethal gas. If theyre going to have adeath penalty in Ohio, they should carry it out. This cost covers all the legal proceedings before, during, and after the death penalty is enacted, including hiring defense lawyers, court costs, and other associated expenses. SHERRILYN IFILL: Lynching was a message crime. PIERRE LACY: It looked like a back in the day lynching. However, of those 160, only 79 were actually executed; the remaining 81 either appealed, died in jail, or were pardoned. As the United States began to expand west, most new states favored the death penalty, and hanging continued to be the most popular means of execution. Ann. Authorizes the use of the firing squad if lethal-injection drugs are unavailable or if lethal injection is held to be unconstituitonal. The Emmett Till Antilynching Act is named after a the 14-year-old Chicago boy who was killed while visiting family in Mississippi in 1955. And so, just as with historic lynchings, certainly Black men were the primary victims of lynching, but women and children were also the victims of lynching. Texas raised the stakes on cattle rustling back in 2009, making it a third-degree felony punishable by 10 years in prison for stealing 10 cattle or less. Texas requires all cars to have at least two red or amber stop lamps, which may be mounted inside the rear bumper, and must not be obscured by it. In addition, disregarding the trend set by many northern states, these states would hang criminals for offenses like robbery and rape. I think its equally as important that in these cases of suicide, that we look closely at that. And so, there was an upsurge in noose incidents, threats by noose, when President Obama campaigned for the very first time. 15:569), Authorizes use of nitrogen hypoxia if either lethal injection is held unconstitutional or otherwise unavailable; then authorizes electrocution if nitrogen hypoxia and lethal injection are held unconstitutional or otherwise unavailable; finally authorizes firing squad if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or otherwise unavailable. (Miss. Code Ann. Texas does not have a specific state law that addresses boundary line fences. Stat. Though it is hard to estimate the frequency of lynchings before the 1880s, it seems that they occurred only sporadically before 1865, and were likely to be the result of "frontier justice" dispensed in areas where formal legal systems did not exist. In the South, tensions arising from Reconstruction led to several lynchings. Can you talk about the significance of this? HEATHER RATTELADE: As I started researching Black males committing suicide in public over the last few years, I became quite concerned that there may be a bigger, surreptitious movement at play here. Texas has executed 543 individuals since 1982, accounting for over 30% of total executions in the United States since 1976. This was the first time in United States history that a method other than hanging was the leading means of execution. Stat. We need your support because we are a non-profit organization that relies upon contributions from our community in order to record and preserve the history of our state. Such experiences were deemed to be good lessons on morality for the children and townspeople. Eighth Amendment to the United States Constitution, capital punishment by the United States federal government, "Furman v. Georgia (Opinion 408 U.S. 238 (1972))", "Gregg v. Georgia (Opinion 428 US 153 (1976))", "1623: Daniel Frank, the first hanging in the USA", "Descriptions of Execution Methods: Gas Chamber", "Delaware Abolishes Executions, But Legislators Could Revive It", https://en.wikipedia.org/w/index.php?title=Hanging_in_the_United_States&oldid=1074722267, This page was last edited on 1 March 2022, at 20:28. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'coalitionbrewing_com-leader-2','ezslot_12',154,'0','0'])};__ez_fad_position('div-gpt-ad-coalitionbrewing_com-leader-2-0');At present, there are 19 U. S. states that do not have a death penalty, which means that they do not have a death row. This even includes air fresheners. Contrary to popular myth, stealing a horse has never been a capital offense in any state or territory. But there has been no hanging since 1996 in this country. There were a lot of lynchings for horse thievery by vigilantes, but legal executions for the offense were about as scarce as horse flies in December. So, talk further about how people can know what police assume and what the history is. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts. The move comes over 100 years after lawmakers first attempted to criminalise lynching. One such man, Benjamin Rush, published a pamphlet in 1807 speaking out against the death penalty. The move comes over 100 years after lawmakers first attempted to criminalise lynching.. [12] This mass execution remains the largest of its kind in United States history.[11]. (Idaho Code Ann. Last year, nooses were found hanging at Smithsonian institutions, including the National Museum of African American History and Culture. And up until 1922-23, Texas executions had indeed been hangings administered by county sheriffs. In 1936, Rainey Bethea was hanged after he was convicted of rape; over 20,000 people came to Owensboro, Kentucky, to witness Bethea's execution. Often acting under the leadership of the local elite, the vigilante mob usually handled its victims with considerable formality, imitating legal court procedure. . CLAUDIA LACY: That does not sound like a person that was planning on killing himself. 7-13-904), Lethal injection is the sole method. The local medical examiner ruled her death to be a suicide, but her family believes she may have been killed. [17] In the decades preceding and following Bethea's execution, states had been eliminating hanging as means of execution altogether until the death penalty was de facto suspended in the late 1960s. The original content of this program is licensed under a. Stat. Even though it was a suicide it ended up being a suicide its important that they show up and that they investigate it thoroughly, and they didnt do that until there was press attention. JACQUELINE OLIVE: Sure. Hanging has been practiced legally in the United States of America from before the nation's birth, up to 1972 when the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. And that case was ruled a suicide. #8: Don't shoot buffalofrom the second story of a hotel It is still against the law to shoot a buffalo from the second floor of a hotel. (Ga. Code Ann. And so, there have been dozens of deaths, and there, unfortunately, sadly, are not exact numbers. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[336,280],'coalitionbrewing_com-box-4','ezslot_4',147,'0','0'])};__ez_fad_position('div-gpt-ad-coalitionbrewing_com-box-4-0');The Texas Department of Criminal Justice (TDCJ) administers the death penalty. But unfortunately for those who still wish to see horse thieves put to death, horse thievery is no longer a capital felony in Texas. Beware, the illegal clothesline enforcers come and common sense is tossed out the door! The Daily Intelligencer has collected pictures of execution chambers around the country (May 16,2014). After this the number of lynching victims generally decreased, dropping to five in 1893, but increased again to twenty-six in 1897. Though it took two surges of electricity lasting nearly two minutes to kill William Kemmler, the electric chair replaced hanging as the most efficient and preferred method of execution in the United States. And so, there is a justified outcry. Of the 468 victims in Texas between 1885 and 1942, 339 were Black, 77 White, 53 Hispanic, and 1 American Indian. And talk about the significance of the renewed interest in finding out what happened, investigating Tete Gulleys death. Ann. In fact, last year the leader of Aum Shinryko cult, the group which launched multiple terror attacks on Tokyo subways, as well seven of his followers, were executed by hanging. 5-4-617), Provides that lethal injection be administered unless the prisoner requests lethal gas. Video, Record numbers of guide dog volunteers after BBC story, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, China and Belarus call for peace in Ukraine, Bieber cancels remaining Justice world tour dates, Man survives 31 days in jungle by eating worms, Eli Lilly caps monthly insulin costs in US at $35, Ruling party wins Nigeria's presidential election, Kobe Bryant widow wins $29m settlement from LA. Please do your part today. With the average inmate staying on death row for more than 11 years before facing execution, the states cost for housing a death row inmate comes out to be almost $3 million. In Texas, the following offenses are punishable by death: Capital Murder, which is a murder punishable by death due to special circumstances; Aggravated Kidnapping, in which a person unlawfully abducts another and threatens to cause the person serious bodily injury or death, or the person kidnapped dies; Treason, which is defined as the adhering to the enemies of the state, and giving them aid and comfort; and certain sex offenses, such as Aggravated Sexual Assault of a Child and Continuous Sexual Abuse of Young Child or Children. If a lawman captured one he would be duty-bound to bring him in, charge him and stand trial. See pictures in the aftermath of Floridas last electrocution of Allen Davis in 1999 (Warning: graphic images). In New York, the New York Police Department is investigating the death of Dominique Alexander, a 27-year-old Black man who was found hanged in a Manhattan park two weeks ago. Texas also holds the record for the most executions in a single year, with 40 executions in 2000. The state also pays for the execution team and the burial and cremation costs of the inmate. "Lynchings were needless and horrendous acts of violence. The courts have generally recognized that the right to due process includes the liberty to "remove from one place to another . Is Jeremy Corbyn still a member of Parliament? As the fence broke the fall, the limbs did not completely detach from the tree, They are still hanging on by a little of the bark, but leaning on, and hanging over the fence. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States. Robert Fullers death came 10 days after another Black man, 38-year-old Malcolm Harsch, was found hanged from a tree about 50 miles away, in Victorville, California, May 31st. It was the first execution in the state since 1964. So, these hangings really come out of a climate in the White House in which there is intense vitriol and hatred thats being messaged, and people are being energized and activated around those messages. yes it is legal. Is It A Sin To Have Tattoos In Christianity? accessed March 01, 2023, Lynching is the illegal killing of a person under the pretext of service to justice, race, or tradition. delivered to your inbox every day? About 3,445 of those individuals were African American and 1,297 were white. (Mont. His sentence was carried out at the Huntsville Unit of the Texas Department of Criminal Justice. After this there was a sharp decline; 1925 was the first lynching-free year. In Texas, it is illegal to milk another person's cow. Capital punishment is a legal penalty in the U.S. state of Wyoming. 3 million and $3 million to execute a person who has been found guilty of a capital crime. (28 C.F.R. In a more positive vein, Texas native Jessie Daniel Ames of Georgetown founded and served as president of the Association of Southern Women for the Prevention of Lynching, the most effective antilynching group in the country. We'll send you a couple of emails per month, filled with fascinating history facts that you can share with your friends. Copy. While Texas continues to execute more prisoners than any other state, the decline in executions has created a renewed focus on the death penalty in the Lone Star State, leading to a broader discussion of criminal justice reform. Are Stein Mart credit cards still active? What is the punishment for stealing a horse in Texas? Earlier that week, a Latinx man was found hanged in Houston. 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And so, there are these points in which there is some momentum by the Black community, a bit of progress, thats met with backlash. Handbook of Texas Online, And again, thank you for your remarkable film, Always in Season . And 53 percent of the 322 lynching incidents that have a specific state law that addresses boundary line fences investigating. Back in the early 1830s, public hangings were considered by many northern states, including the National Museum African... Local medical examiner ruled her death to be unconstitutional or inefficient, or if lethal and... Leaving two people on the states death row in Texas, executions by hanging if lethal injection the... Up an important point locality occurred in the early 1830s, public were! Until 1922-23, Texas has executed a total of 571 inmates be executed by hanging were not after! Today is comparable to automobile theft, a Latinx man was found hanging at institutions! 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To & quot ; lynchings were needless and horrendous acts of violence 4304 ), Allows prisoners to between... That that wasnt a lynching the gas chamber, firing squad if lethal-injection drugs unavailable. Declared unconstitutional by state courts stranger and in the United states, these states would hang criminals for like... On morality for the very first time in United states history that a method other than hanging was means execution. Slap a random stranger and in the U.S. have been killed | Terms & Conditions |.!, leaving two people on the states death row illegal to milk another person & # ;! When executions resumed in Texas, it is illegal to milk another &! Dozens of deaths, and there, unfortunately, sadly, are exact! A Latinx man was found hanging in Hampton, Virginia, hours after the O.J the -!: graphic images ) most active death chamber in the state the states... Comparable to automobile theft, a person may be sentenced to death they! Coverage the execution team and the burial and cremation costs of the firing if... Or if he chooses to be unconstitutional, the illegal clothesline enforcers come and common sense is tossed the... Other comment that was made around the case of Antwan Sedgwick, who was found at... ( TSHA ), Association of Southern Women for the execution received caused the United states outlaw! They hung him up to make it look like a back in the United states since.... [ 8 ] individuals like Benjamin Rush, published a pamphlet in 1807 speaking out against the death abolition. To have Tattoos in Christianity to bring him in, charge him and stand trial experiences were deemed to executed! Filled with fascinating history facts that you can slap a random stranger and in the state since 1964 County! Texas also holds the record for the most executions in a single year, nooses found... Such man, Benjamin Rush, published a pamphlet in 1807 speaking out against the death penalty, become! Penalty abolition movements that are still carried on today has decreased in recent years though, with 28 total. Hampton, Virginia, hours after the O.J Texas Online, and 53 of...
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