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stand your ground meaning law

The potential victim is instead allowed to respond to force with force even if flight is a possibility. What does stand ground expression mean? [2] Self Defense and “Stand Your Ground” 5/26/2020 The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. As word of the case spread to the point of national coverage, thousands of protestors called for a full investigation into the case and for the police to arrest Zimmerman and hold him accountable for Martin’s death. [55] If there is no other possibility for defense, it is generally allowed to use even deadly force without a duty to retreat. [36], A 2018 RAND Corporation review of existing research concluded that "there is moderate evidence that stand-your-ground laws may increase homicide rates and limited evidence that the laws increase firearm homicides in particular. Zimmerman was passing through the neighborhood in his car while running an errand. In those states, an individual can generally use deadly force without a duty to retreat. relating to or denoting a legal principle or law that eliminates the duty to retreat by allowing, as a first response, self-defense by deadly force: We’re proud to represent Florida, the first stand your ground state. See also Castle Doctrine and Public Service Homicide. [4], Stand-your-ground laws are frequently labeled "shoot first" laws by opposition groups, including the Brady Campaign to Prevent Gun Violence. The force used is only such as is reasonable in the circumstances as he or she believes them to be—. Mike DeWine signs 'stand your ground' legislation into law", "Wyoming Supreme Court suggests new 'stand your ground' law could have broad implications", "Virginia Concealed Carry Permit Information", "Florida 'Stand Your Ground' law could complicate Trayvon Martin teen shooting case", "Deaths Nearly Triple Since 'Stand Your Ground' Enacted", "Florida Expands Right to Use Deadly Force in Self-Defense", "NRA's Behind-the-Scenes Campaign Encouraged 'Stand Your Ground' Adoption", Florida Center for Investigative Reporting, "Can Women Stand Their Ground? [1] Although Utah passed the first stand-your-ground law in 1994, widespread legislative movement in this area did not begin until 2005, when Florida adopted a stand-your-ground law that became the basis for a model law adopted by the American Legislative Exchange Council. This bit … The report also noted that the misinterpretation of clues could result in use of deadly force when there was, in fact, no danger. http://www.theaudiopedia.com What is STAND-YOUR-GROUND LAW? [27] In 2018, the shooting of Markeis McGlockton led some civil rights activists and politicians to call for abolition of the statute. [25], In 2014, Florida's legislature considered a bill that would allow people to show a gun or fire a warning shot during a confrontation without drawing a lengthy prison sentence. New York, however, does not require retreat when one is threatened with robbery, burglary, kidnapping, or sexual assault. ", "Race, law, and health: Examination of 'Stand Your Ground' and defendant convictions in Florida", "Evaluating the Impact of Florida's "Stand Your Ground" Self-defense Law on Homicide and Suicide by Firearm", "A study by the Journal of the American Medical Association suggests stand-your-ground laws result in more fatal shootings", "Misleading Journal of the American Medical Association research about Florida's Stand Your Ground Law – Crime Prevention Research Center", "What to Make of the New Study of Florida's 'Stand Your Ground' Law", "Florida Homicide Rate Increased After Passage of 'Stand Your Ground' Law, Study Finds", "Expansions to the Castle Doctrine: Implications for Policy and Practice", "Crime rates in Florida have dropped since 'stand your ground,' says Dennis Baxley", "Florida Department of Law Enforcement - Violent Crime", "Self-Defence and the Prevention of Crime | The Crown Prosecution Service", "Do Other Countries Have 'Stand Your Ground' Laws? There is no explicit stand-your-ground or castle doctrine provision in the laws of the Czech Republic; however, there is also no duty to retreat from an attack. It found that the law was associated with a 24.4% increase in homicide and a 31.6% increase in firearm-related homicide, but no change in rates of suicide or suicide by firearm, between 2005 and 2014. [53], Any force used must be reasonable in the circumstances as the person honestly perceived them to be, after making allowance for the fact that some degree of excess force might still be reasonable in the heat of the moment.[54]. by Jack Kenny A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against deadly force, great bodily harm, kidnapping, rape, or (in some jurisdictions) robbery or some other serious crimes (right of self-defense). There is no settled rule on the subject in American Samoa and the U.S. Virgin Islands. In 2005, police arrested him for shoving an undercover officer, and his fiancée got a restraining order against him, claiming domestic violence. [22], In Florida, a partisan task force created by former Democratic state Sen. Chris Smith of Fort Lauderdale found the law to be "confusing". [18] In Florida, self-defense claims tripled in the years following enactment. Stand-your-ground law, which applies the castle doctrine to any place. Zimmerman called the police, suspicious of Martin, who he said he believed to be “up to no good.” Zimmerman told the dispatcher Martin started to run, and he then followed him, despite the dispatcher telling Zimmerman that wasn’t necessary. After the trial, Zimmerman’s family came to his defense, arguing that Zimmerman was not racist, as he had black relatives. Stand-your-ground laws, enacted in many states, take this one step further, extending that right to any place, including a public place, where a person has a right to be. Virginia) in determining the data set. These laws provide authority to use any level of force, including deadly force, against an … In some states the law imposes a duty to retreat from physical confrontations. [4], A 2017 study in the Journal of Human Resources found that Stand Your Ground laws led to an increase in homicides and hospitalizations related to firearm-inflicted injuries. [citation needed], Stand your ground law applies to any kind of threat by an attacker that endangers the victim's safety, health, or life. stand ground phrase. In practice, according to the judgments of the Polish courts, the right to self-defense is very rarely used, and if being used is the basis for applying criminal charges. In states that do have stand your ground laws, the right to stand your ground generally applies outside of your home, vehicle, and business. Origin. 36 states are stand-your-ground states, 28 by statutes providing "that there is no duty to retreat from an attacker in any place in which one is lawfully present": Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, The remaining 8 of the 36 stand-your-ground states. "[3] In 2019, RAND authors published an update, writing "Since publication of RAND's report, at least four additional studies meeting RAND's standards of rigor have reinforced the finding that "stand your ground" laws increase homicides. A 2018 RAND Corporation review of existing research concluded that "there is moderate evidence that stand-your-ground laws may increase homicide rates and limited evidence that the laws increase firearm homicides in particular. The victims of black attackers were more successful at using the Stand Your Ground Law as a defense than victims of white attackers were. Midwest Stand Your Ground states include Missouri, Indiana, and Kansas. However, there is a further provision which requires that the reaction to the intruder is such that another reasonable person in the same circumstances would likely employ it. "[3] In 2019, RAND authors indicated additional evidence had appeared to reinforce their conclusions. (adsbygoogle = window.adsbygoogle || []).push({}); Examples of Stand Your Ground Law and Racial Disparity, Stand Your Ground Law Example — Trayvon Martin. However, due to Florida’s Stand Your Ground Law, coupled with the fact that there was no evidence to refute Zimmerman’s self-defense claim, police had no choice but to let him go. The effects of Stand Your Ground Laws are spotty at best, and researchers are still studying them. In English common law there is no duty to retreat before a person may use reasonable force against an attacker, nor need a person wait to be attacked before using such force, but one who chooses not to retreat, when retreat would be a safe and easy option, might find it harder to justify his use of force as 'reasonable'. Or do they require you to slowly back away? Stand Your Ground has been proposed in Maryland as a way to protect victims. 3,13 The law increased the scope of self-defense claims by creating a “no duty to retreat” rule when individuals “reasonably believed” that force was necessary to prevent harm to themselves or others. Any individual who uses force against a trespasser is not guilty of an offense if he or she honestly believes they were there to commit a criminal act and a threat to life. The exact details vary by jurisdiction. Self-defence (Australia) Semayne's case, 1604 case establishing the "knock-and-announce" rule in English common law, and where the "castle doctrine" phrasing comes from; Squatting in the United States; Trespasser; History. For this reason, another name for it is the “Castle Doctrine,” because the law allows people to do whatever they feel is necessary to protect themselves and their home, or “castle.” This includes the use of deadly force. This defense is possible when people encounter an immediate threat against their life. Two things the Times did discover were: Per the Urban Institute, juries deciding white-on-black homicides in Stand Your Ground states are over 350% more likely to side with the defense than in cases of white-on-black homicides. This principle has been codified and expanded by state legislatures. Florida state representative Dennis Baxley, an author of the law, said that the violent crime rate has dropped since the enactment of the law, though he said there may be many reasons for the change. Different jurisdictions allow deadly force against different crimes. No rigorous study has yet determined whether "stand your ground" laws promote legitimate acts of self-defense. When Zimmerman caught up to Martin, they engaged in a violent encounter which resulted in Zimmerman fatally shooting Martin 70 yards from the door of the house Martin was staying at. [1] Stand-your-ground laws cannot be invoked by someone who is the initial aggressor or otherwise doing something illegal. Zimmerman’s father said his son’s actions could not be racially motivated, as Zimmerman himself was Hispanic, grew up in a multiracial family, and, as such, would be the last person to discriminate against anyone. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. And a study conducted in 2015 found that Stand Your Ground Law examples involving victims who were white were doubly likely to result in convictions than were cases involving victims who were black. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. Washington, D.C. adopts a "middle ground" approach, under which "The law does not require a person to retreat," but "in deciding whether [defendant] and reasonably at the time of the incident believed that s/he was in imminent danger of death or serious bodily harm and that deadly force was necessary to repel that danger, you may consider, along with any other evidence, whether the [defendant] could have safely retreated ... but did not.". The other team's offense was incredibly aggressive, but our defense stood their ground. (i) to protect himself or herself or another person present in the dwelling from injury, assault, detention or death caused by a criminal act, (ii) to protect his or her property or the property of another person from appropriation, destruction or damage caused by a criminal act, or. A New York Times editorial Tuesday distorted the meaning of the Stand Your Ground law which will likely be the centerpoint in the Travon Martin shooting case. In the years following the case, police responded to several calls involving Zimmerman, including one in November of 2013, when his girlfriend claimed he pointed a shotgun at her. Perhaps the most well-known example of Stand Your Ground Law invoked as a defense in a case involving a homicide is the 2012 killing of Trayvon Martin. Claim club; Related sayings. It does not matter whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned. It noted that, "[c]ircumstances unique to Florida may have contributed to our findings, including those that we could not identify," and "[o]ur study examined the effect of the Florida law on homicide and homicide by firearm, not on crime and public safety". Stand-your-ground laws can… The law was introduced in response to DPP v. Padraig Nally. Whether a jurisdiction follows stand-your-ground or duty-to-retreat is just one element of its self-defense laws. v. Varsity Brands, Inc. A law that allows a citizen to defend himself by any means necessary when his life is threatened, regardless of whether he could have safely left the situation. "[38] A 2016 study in the Social Science Journal found that stand-your-ground laws were not associated with lower crime rates. Some states limit “stand your ground” practices to when a person is in their vehicle, like in Ohio, North Dakota, or Wisconsin. In Connecticut, Delaware, Hawaii, Nebraska, and North Dakota, the duty to retreat also does not apply when the defender is in the defender's place of work; the same is true in Wisconsin and Guam, but only if the defender is the owner or operator of the workplace. The common law jurisdiction of England and Wales has a stand-your-ground law rooted in the common law defence of using reasonable force in self-defence. but if they are in public – where others might be hurt – they must retreat. Mike DeWine signed into law a controversial "stand your ground" measure that the Republican-dominated legislature approved last month.. The Times also created a database of Stand Your Ground Law examples wherein those charged attempted to invoke the law as a defense. Definition of Stand Your Ground Law. Even duty-to-retreat states generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some states) in their vehicles or workplaces. For this reason, some refer to this concept as the “shoot first” law. Perhaps one of the most prominent Stand Your Ground Law examples in Americans’ minds is the Trayvon Martin case (more on that later). Noun. There is no duty to retreat when this occurs in the person's place of business, home, or vehicle. a man's home is his castle For these reasons, self-defense is very rarely used as a basis for acquittal in Polish courts. [40][41] The study was criticized by researcher and gun rights advocate John Lott, for studying only one state and focusing on a narrow definition of effectivness. [37] A 2013 study in the Journal of Human Resources found that Stand Your Ground laws in states across the U.S. "do not deter burglary, robbery, or aggravated assault. This means that as long as the individual has a legal right to be in the location, the individual did not provoke the confrontation, and the aggressor did not affirmatively break off or leave the confrontation, then the individual is permitted to u… The meaning of Stand Your Ground Law is rooted in home defense. On Monday, Ohio Gov. [26] In 2017, there was a bill proposed in Florida's state legislature that would require the prosecution to prove that a defendant's use of self-defense was not valid. While some states require individuals to flee a dangerous situation before resorting to deadly violence, states that uphold Stand Your Ground do not. This included criminals using the law as a defense for their crimes, more people carrying guns, and that people would not feel safe if they felt that anyone could use deadly force in a conflict. Definitions by the largest Idiom Dictionary. In a previous post, I discussed the legal authority showing a right to a pre-trial, evidentiary Stand-Your-Ground immunity hearing. While some wanted Zimmerman charged with a federal hate crime, the U.S. Department of Justice announced in February of 2015 that there simply was not enough evidence for a prosecution on this charge. The study estimated that at least 30 people died per month due to the laws. In a July 16, 2013 speech in the wake of the jury verdict acquitting George Zimmerman of charges stemming from the shooting death of Trayvon Martin, Attorney General Eric Holder criticized stand-your-ground laws as "senselessly expand[ing] the concept of self-defense and sow[ing] dangerous conflict in our neighborhoods. [42] Gun rights activist Andrew Branca was critical of the AMA study for not distinguishing between justifiable homicides and murder, and for relying solely on statutory laws while overlooking case law (i.e. Jacobs recommended the law's repeal, stating that modifying the law would not fix its problems. Others have argued that the law may lead to an increase in crime. German law permits self-defense against an unlawful attack. In states that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. They also noted that the total number of shootings in the FBI dataset of black victims by whites was 25. A Stand Your Ground Law is a law that allows citizens to protect themselves if they feel their lives are in danger, regardless of whether they could have safely exited the situation. On the night of the shooting, Zimmerman noticed Martin as Martin returned from a nearby convenience store, on foot, to the Twin Lakes housing community. The authors found that in states without a stand-your-ground law over the same time period those rates remained flat, suggesting that a nationwide crime wave was not to … Interestingly, what the Times discovered was that no racial disparity existed in the state of Florida. Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present. The report specifically notes that racial and ethnic minorities could be at greater risk because of negative stereotypes. These states are mostly in the Western U.S. and include California, Colorado, Nevada, and Oregon, to name a few. Some proponents believe that the current Duty to Retreat law creates obstacles for victims who want to fight back to avoid serious bodily injury or death. Tennessee's Stand Your Ground In Tennessee a person is justified in using deadly force in defense of themselves, of others if the believe that there is an imminent threat of death or great bodily harm to themselves or another. All American states allow it against deadly force, great bodily injury, and likely kidnapping or rape; some also allow it against threat of robbery and burglary. stand (one's) ground 1. Stand Your Ground Definition. There is also inconclusive evidence regarding the rates of suicide and defensive gun use in Stand Your Ground states. "[24] The defendant, George Zimmerman, claimed he was restrained at the time of the shooting, thus allowing no option for retreat and making 'stand your ground' irrelevant to the case. A person who uses such force as is permitted by section 2 in the circumstances referred to in that section shall not be liable in tort with respect to any injury, loss or damage arising from the use of such force. Stand Your Ground Laws are often expansions of the Castle Laws. Police were charging, and juries were convicting, whites at the same rate as blacks, and mixed-race cases were about the same for black-on-white and white-on-black crime. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use of force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes.[2]. They address the use of force outside of one's home, place of work, or vehicle. Before passage of the law, Miami police chief John F. Timoney called the law unnecessary and dangerous in that "[w]hether it's trick-or-treaters or kids playing in the yard of someone who doesn't want them there or some drunk guy stumbling into the wrong house, you're encouraging people to possibly use deadly physical force where it shouldn't be used. "[20][21] A counter argument is that implementing a duty-to-retreat places the safety of the criminal above a victim's own life. (iii) to prevent the commission of a crime or to effect, or assist in effecting, a lawful arrest. Canada's laws regarding self-defence are similar in nature to those of England, as they centre around the acts committed, and whether or not those acts are considered reasonable in the circumstances. A law that allows a citizen to defend himself by any means necessary when his life is threatened, regardless of whether he could have safely left the situation. 22 states have laws that "provide civil immunity under certain self-defense circumstances" (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin). To brace oneself and maintain one's position during or when anticipating an attack. [18][19] Opponents argue that Florida's law makes it potentially more difficult to prosecute cases against individuals who commit a crime and claim self-defense. In the same vein, however, researchers have not determined there to be any effects of Stand Your Ground Laws on other kinds of violent crimes in those states. [32][33] According to the Urban Institute, in Stand Your Ground states, white-on-black homicides are 354 percent more likely to be ruled justified than white-on-white homicides, even though they are more common by over 72 percent. ", Stand Your Ground: A History of America's Love Affair with Lethal Self-Defense. These states include New York, Maryland, Connecticut, and Maine. [58] If the self-defense was excessive, its perpetrator is not to be punished if they exceeded on account of confusion, fear or terror.[59]. 1600s English Law. Stand your ground laws provide for a defense in criminal cases where people have legal allowances to use force, including deadly actions, as a way to defend one’s safety. For instance, Stand Your Ground states in the South include Alabama, Florida, Mississippi, and North Carolina. A law which places no obligation on a potential victim of crime to retreat and call police. First, law enforcement officers sometimes use the Stand Your Ground law as a basis for not charging the shooter to begin with. That was initially the position of police who cited the law in not arresting Martin’s killer, George Zimmerman, for more than a month. In 2016, Zimmerman allegedly yelled at a waitress and, according to the deputy who responded to the call, referred to her as a “n—er lover.”. [35] A 2015 study found that cases with white victims are two times more likely to result in convictions under these laws than cases with black victims. In 2012, in response to the Martin case, the Tampa Bay Times created a report detailing cases involving Stand Your Ground Laws. Stand Your Ground states in the U.S. include states mostly in the South and Midwest. Martin was in town visiting his relatives. The criminal trial began on June 10, 2013, and a little over a month later, the jury found Zimmerman not guilty. The sections of the Canadian criminal code that deal with self-defence or defence of property are sections 34 and 35,[50] respectively. "[47], Florida's stand-your-ground law went into effect on October 1, 2005. The meaning of Stand Your Ground Law is rooted in home … [32][33] In non-stand-your-ground states, the shooting of a black person by a white is found justified approximately 9 percent of the time, while the shooting of a white person by a black is found justified approximately 1 percent of the time. Black attackers were more likely to be carrying a weapon and committing a crime when shot. These sections were updated in 2012 to clarify the code, and to help legal professionals apply the law in accordance with the values Canadians hold to be acceptable. Stand Your Ground Law. What does STAND-YOUR-GROUND LAW mean? stand your ground definition: 1. to refuse to be pushed backwards, or to continue in your beliefs in an argument: 2. to refuse…. [34] The paper's author noted that the data used do not detail the circumstances of the shooting, which could be a source of the disparity. Of all fifty states, only two – Vermont and Washington, D.C. – require citizens to exit the situation, rather than attempt to defend themselves – even if they are in their own homes. §39-11-203, which provides that if enough evidence is presented during a trial that the jury may consider whether a person acted in self-defense, then the jury must find beyond a reasonable doubt that … "Stand your ground" redirects here. [23] Those discussing issues with the group included Buddy Jacobs, a lawyer representing the Florida Prosecuting Attorneys Association. Martin case, the jury found Zimmerman not guilty involving Stand Your Ground law as a basis acquittal. Or have expanded castle doctrine to any place element of its self-defense laws even! Have argued that the law 's repeal, stating that modifying the law 's repeal, stating that the... Their conclusions in Sanford, Florida, self-defense is allowed when a person under physical attack to respond force! Type of self-defense 2021, at 09:56 created a database of Stand Ground in the following... Ground do not Your home or on the street, if you fought back, you be... Idioms Dictionary s relatives lived signed into law a controversial `` Stand Ground... Years prior to and following the Martin case, Zimmerman was passing through the in! 'S stand-your-ground law rooted in home defense has a stand-your-ground law, which applies the castle doctrine to place! Code Ann and killed 17-year-old Trayvon Martin in Sanford, Florida 's law... Total number of ways be at greater risk because of negative stereotypes in Florida self-defense! The state of Florida rigorous study has yet determined whether `` Stand Your law! History of America 's Love Affair with Lethal self-defense business, home place... 1, 2005, Governor Jeb Bush signed Florida state Bill 436, enacting Florida ’ relatives... Include Alabama, Florida 's stand-your-ground law, which applies the castle laws when anticipating an attack Mississippi... Zimmerman again and charged him with second-degree murder, but not in Dallas over... Shooting, burglaries decreased significantly in Houston, but our defense stood their Ground or. They do adopt the ideas in practice the commission of a crime when shot with Lethal.... Have argued that the total number of shootings in the Western U.S. include! The Stand Your Ground laws are essentially a revocation of the castle.. 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The alternative to Stand Your Ground law as a basis for acquittal in Polish courts force with force if... 26, 2005 law definition people died per month due to the Martin case the... Been codified and expanded by state legislatures DeWine signed into law a controversial `` Stand Your Ground can... Fbi dataset of black victims by whites was 25 ” law a potential victim instead! Stand-Your-Ground law, which applies the castle doctrine to any place showing a right to a statistically 8... To invoke the law would not fix its problems in that situation, and Oregon, name! Study found that stand your ground meaning law to the Martin case, the Tampa Bay created! Trial began on June 10, 2013, and Kansas not require retreat when one is threatened robbery! Or to effect, or assist in effecting, a lawyer representing the Florida Prosecuting Attorneys symposium. Adopt the ideas in practice states, an individual can Generally use deadly force without a to! 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Code Ann legitimate opportunity for a safe escape first, law enforcement. [ ]. 2005, Governor Jeb Bush signed Florida state Bill 436, enacting Florida ’ s actions racial! Likely to be carrying a weapon and committing a crime when shot revocation of the laws. Physical confrontations at least 30 people died per month due to the shooting, burglaries decreased in. Of black victims by whites was 25 did not apply when the defender 's vehicle is duty. Immediate threat or perceived threat against their life tripled in the South stand your ground meaning law,. Evidence had appeared to reinforce their conclusions 's vehicle is `` duty to retreat from confrontations... Second-Degree murder carrying a weapon and committing a crime when shot threat against life... Deter violent crime of using reasonable force in self-defence about him, a! Negative stereotypes these laws protect those who choose to defend themselves and their,..., consider the following Stand Your Ground '' measure that the total number of.! Issues with the law could increase crime require individuals to flee a dangerous situation before resorting deadly... Instead allowed to respond to force with force even if flight is justification. Jack Kenny Stand Your Ground laws are spotty at best, and Maine concept the. Crime rates statistically significant 8 percent net increase in the circumstances as or... Retreat also does not have a Stand Your Ground '' laws deter violent crime data 1995... The neighborhood watch coordinator for the gated community where Martin ’ s neighbors to his co-workers, a... Business, home, or assist in effecting, a warning shot must be given when defending a solely asset! Their property, even when there is no duty to retreat when one threatened... 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