Police Interviewing. Some research shows that jurors who have an internal, locus of control are more likely to convict a defendant than, those with an external locus of control, especially when the, evidence against the defendant is weak (Phares, 1972). Negative effects of media exposure are seen even, when jurors are exposed to media that is not specific to the, related to a case but does not include prejudicial informa-, tion about the defendant in the specific case, the likelihood that jurors will convict the defendant (Greene, are generally robust. Recently, in a number of high-profile cases, defendants who were prosecuted, convicted, and sentenced on the basis of false confessions have been exonerated through DNA evidence. What, variables do influence these judgments? There are currently no published studies that, directly tested this assumption. Published online: 21 Apr 2020. structed individual photo arrays for each witness to a staged, condition, they either matched fillers to the suspect or to, culprit. (1984). in those decisions (Groscup, Penrod, Studebaker, Huss, judges are sensitive to variations in the methodological, Embedded in a survey sent to Florida circuit court judges, was a description of the fact pattern in a hostile work envi-, ronment sexual harassment case and the expert testimony, that the plaintiff intended to proffer at trial. cess and how it might lead to the creation of bias rather, than its identification and elimination. Various factors of social suggestibility May influence minors who are heard in court as witnesses, particularly because of the effect of pressure from the forensic context and of the specific «nature» of the questions asked. When participant vulnerability was low (e.g., the typ-, ing pace was slow) and there was no false evidence, not, a single participant internalized a confession or confabu-, the confession written by the experimenter. Videotaped confessions and interrogations: in camera perspective alters verdicts in simulated trials. nature could lead a juror to infer that a defendant is guilty. rogators, at judging whether someone is being deceptive? Second, the researchers confounded the manipulation of lineup. More recently, began, after the evidence was presented, and after the ver-, However, other evidence suggests that upper, Black jurors may be more punitive toward Black defen-, dants, especially those who are charged with commit-, some evidence for the black sheep effect discussed earlier, dictor of verdict, at least in certain types of trials. tion task were more prone to exhibit the bias. In D. Faigman, D. H. Kaye, M. J. Saks, Modern scientific evidence: The law and science of. Unfortunately, for attorneys, demographic variables are only weakly, and inconsistently related to verdict. But to what, extent do these inconsistencies in eyewitness reports relate, identification accuracy and the consistency of eyewitness, reports, witnessed viewed staged thefts and then provided, witnesses attempted identifications of the culprits from, photo spreads, videotaped lineups, or live lineups. This predecisional distortion serves to reinforce, rather than mitigate the effects of PTP even in the face of, or at least mitigate the harms associated with prejudicial, involving PTP to identify jurors who may have been prej-, udiced by exposure to PTP and to educate jurors on the, ances) to allow the PTP to subside, jury sequestration, and, changes of venue to a location where there was no PTP or, at least where the nature and extent of the PTP was less, prejudicial (American Bar Association, 2000). Specifically, women, are evaluated positively when they are thought of in tra-, ditional ways (i.e., homemakers, mothers) but not when, agement (Heilman, 1995). Previous studies have shown that individuals were more likely to endorse the guilty verdict when the prosecution evidence was presented in a temporal order (story condition) than when the same evidence was presented in a nontemporal order (witness condition). ness identification: Lineup construction and presentation. Chrzanowski, compared these data from the actual venirepersons with, the responses to the same questions provided by commu-, nity members residing in the trial venue during a telephone, survey. Under those circumstances, the sus-, pect is brought to the witness, or the witness is brought to. Even concluding that there are, juror characteristics that allow the prediction of jurors, dict choices, attorneys may be just as good at predicting, of scientific methods. of variables in addition to estimator and system variables. If, an administrator fails to warn a witness that the culprit may, not be in the lineup, might a witness who is prone to guessing, because of lineup features that promote choosing search the, received biased instructions and viewed simultaneous line-, ups, they were more likely to identify suspects in single, 2009). The. People have even falsely confessed to committing, extremely horrific crimes, including five boys who falsely, confessed to raping and brutally beating a jogger in Central. Other studies found relationships among, income, occupation, education, and verdicts, with jurors, having higher incomes, prestigious occupations, and, more advanced education being more likely to convict, than jurors with lower incomes, menial occupations, and. In these stud-, ies, participants were more accurate making judgments. Later that, gator and collected descriptions and identifications from, the clerks. lineups chosen to mismatch the description. ing contact from familiar others who may provide comfort. primary methods for selecting fillers to pair with a suspect. fore be desirable (Blue, 1991; Kerr, Hymes, hypothesis, some attorneys fear that similar jurors may, have committed very bad acts, viewing them as black. Finally, although filler identifications are mistakes, it is possible, that officers record the same witness behaviors toward, fillers differently depending on whether they are blind, to who are the fillers (Wells, 2008). Studies conducted since this, lying psychological mechanism for the weapon focus, effect. What about forensic psychology? First, we illustrate some theories and science that have potential use. remedies and judicial knowledge. and sequential lineups, witnesses to staged thefts attempted, these arrays were presented simultaneously, and the other, present in the lineup, the rate of correct identifications. The, second assumption made by the court is that procedural, experts, and judicial instruction on the standard of proof. Moreover, the legal safeguards designed to assist jurors in, their evaluations of unreliable scientific evidence, part because even if the safeguards are deployed, they do, not seem to sensitize jurors effectively to methodological, do not need the experimental psychologist. Ashford University | CRJ308: PSYCHOLOGY AND LAW ENFORCEMENT So psychology can play quite a huge role in a law enforcement career when you're a patrol officer. jurors will vote to convict or acquit a defendant. the features that decrease witness accuracy were present. Next, the extent to which IRI is actually used by governments in direct-democratic processes is assessed through an empirical analysis of official summaries of U.S. statewide ballot initiatives from 2000 through 2012. presentation reduces mistaken identifications. Scientific experts are retained, either by those who wish to rule in a cause or by those who, wish to rule it out; a full scientific analysis is rarely wel-. In P, The detection of deception in forensic contexts, (2001). In D. F, Adult eyewitness testimony: Current trends and, Blackwell handbook of social psychology. Thus, social psychological, evidence suggests that the legal decision makers may not, ever, there may be factors present in the legal environment, that improve the abilities of these decision makers. Moreover, carrying a weapon may not always nega-, a target person if the weapon is consistent with the context, in which the weapon is viewed (e.g., carried by a police, officer rather than a priest or at a shooting range rather than, that both unusualness and threat contribute to decreased, reinforcing the conclusion that weapon presence reduces, time between viewing the perpetrator and the subsequent, identification task (retention interval) both influence the, accuracy of witness identifications. Journal of Social Behavior and Personality, 6. of attitudes toward the death penalty on capital sentencing verdicts. development, attorney contact, and psychological symptoms. When suspects become defendants and are tried for the, crimes with which they have been charged, they have con-, stitutional rights to be tried by an impartial jury of their, peers. However, the logic under-, lying the argument seems faulty given that the instructions, provide no guidance on how to determine which evidence, is reliable and which is not; the instruction on the stan-, dard of proof should only serve to make jurors more or less, skeptical of expert testimony rather than sensitive to varia-, eled jurors suggests that most jurors do not understand the, standards of proof even after receiving instruction on them, finds they have poor comprehension (Strawn, 1976). The aim of this study is to investigate the immediate and delayed effects of interrogative suggestibility on children that are witnesses and victims of suspected sexual abuse. social and psychological science to the law. In one of these studies, undergraduates, viewed a videotape of a purse snatching. Many of the law’s assumptions about human behavior have been challenged by findings in psychological science broadly, including social psychology specifically. juror decisions: New validity evidence of the Juror Bias Scale scores. For many years, social psychological research-, ers have documented implicit bias using experimental, designs that conceal the fact that gender is a factor in an, from cognitive psychology, such as priming tasks and the, generally present in the culture rather than individual prej-, udice, measures such as the Implicit Association T. ably predict meaningful behavioral outcomes (Greenwald, nuanced understanding of gender prejudice and discrimi-, nation by identifying moderator variables. We expected that group deliberation would accentuate this biasing effect of evidence order through a majority-wins process. eyewitness identification: The role of system and estimator variables. the beholder: Divergent perceptions of bias in self versus others. First, the Court assumed that judges are capable, of identifying flawed evidence and barring its admission, from evidence. licity and jury deliberation on juror bias and source memory errors. Women and men of the past, present, and future. Under what circum-, stances will general social science findings help courts and, allow experts to give, and how should experts proffer these, opinions? In one study, juror, age, gender, marital status, and occupation did not pre-. introverts to acquit criminal defendants (J. Clark et al., a variety of cases is authoritarianism. The interrogator may make this, determination of suspect guilt on the basis of whether the, suspect fits a particular profile (e.g., an unfaithful husband, whether the suspect displays behavioral cues that the Reid. the witness experienced stress during the witnessed event; whether the perpetrator carried a weapon; and whether the, the interval between the witnessed event and the identifi-, independently nor are perpetrators of particular races more, easily identified, witness and perpetrator race interact to, identifications of perpetrators with whom they share racial, group membership than of perpetrators who are members of, a different racial group. At the same time, many insights from psychologi-, cal science, including theory and research in social psy-, chology, challenge the intuitive understandings that people, hold about a wide range of behavioral domains. jurors evaluate defendants and the evidence against them? the press, can prejudice the jury pool against a defendant, endangering the impartiality of the jury pool. 1Role of Social and Behavioral Science in the Law2(UN)Reliability of Eyewitness Identifications3Interrogations and Confessions4Jury Selection5Pretrial Publicity6Expert Evidence7Summary, All content in this area was uploaded by Margaret Bull Kovera on Dec 09, 2017, One significant value of much social science research is that it, makes clearer what we only dimly perceive, if we perceive it, at all. The results furnish evidence that topical concepts referred to by the codes are recognized by ordinary persons, but the extent of recognition varies. In particular, we explored the effect of forensic context and eventual presence of Post Traumatic Stress Disorder under the assumption that these factors May enhance the levels of immediate and delayed suggestibility as measured by GSS2 (Gudjonsson, 1997). This effect of weapon presence on eyewitness accuracy is, two forms: witnesses watch a videotaped crime reenactment, that manipulates the presence of a weapon, experience a live situation that manipulates the presence. dence: Base rates, intuitive profiling and the postdiction of behavior. In contrast, when a lineup, administrator instructs the witness that the perpetrator, may not appear in the lineup, witnesses are less likely, to make a positive identification (Steblay, 1997). These, results have been replicated in a study conducted in the. guilt, and the prohibition of denials of guilt from the suspect. defendant guilt across a variety of participants, settings, trial stimuli, PTP types, and research methods (Steblay, ber of types of prejudicial information to which jurors are, exposed increases, so does the size of the PTP effect. the human tendency to rely on common sense and intu-, ition when engaged in social cognition (Fiske, 2008). Thus, it appears that traditional attor-. lar topic of expert testimony into evidence is one method, through which judges could receive information that, would help them evaluate the methodological quality of, submitted by an attorney, and in the context of expert, evidence, it would contain arguments for or against the, admission of a particular expert or topic of expert testi-, research is admitted into evidence, attorneys need to be, able to understand scientific methodology to be able to, demonstrate problems with invalid science during cross, expert to present evidence on why the science presented, by the other side has methodological problems. After coding the descriptions for accuracy, completeness, and congruence, the experimenters tested, tive, but none were significant. Contemporary social scientists generally base, their understanding of phenomena not on single studies but on, large groups of studies that have been submitted to rigorous, statistical analysis to examine the magnitude and consistency. highlight the inadequacies of the science for the judge, when it is appropriate to call their own expert to discredit, judges, attorneys, and jurors have the capabilities to eval-, uate the quality of the scientific evidence that the courts, received any formal training in the scientific method, scientific reasoning abilities are similar to the abilities of, other laypeople. method of presentation is known as a sequential lineup. For example, Francis Bacon (1857) expressed concerns that inappropriate psychological motives held by some actors in the legal system could compromise the system. memory for persons encountered during exposure to highly intense, International Journal of the Law and Psychiatry, 27, association between authoritarianism and jurors. Quality, science provides the best scientific context for under-, standing how people make sense of each other (Fiske, Borgida, 2008). A, body of quality science illuminating the moderating conditions, that affect the likelihood that discrimination is more or less, likely to occur provides the scientific foundation for experts. the Law; Psychology, Crime, and LawLegal and Criminological Psychology; ), in journals outside of the psychology-and-law interface publishing these types of articles, and in books and book series directly related to psychology and law. These questions have spawned a lively and wide, intersection of social psychology and antidiscrimination, tions is the basic tenet that quality, peer, should be the foundation for any expert testimony. Both prosecutors and defense attorneys, effectively used their peremptory challenges to eliminate, the most extremely biased jurors at both ends of the pros-, seated jurors were no different from the attitudes of the juries, composed of the first 12 venirepersons or of 12 randomly, chosen venirepersons. countries, such as Spain (De La Fuente, De La Fuente, Garcia, 2003) and in reactions to real trials such as the, items tapping beliefs about reasonable doubt are better pre-, dictors of verdict than are the items tapping beliefs about, to items tapping beliefs about probability of commission, and reasonable doubt, the items may underrepresent the, construct of juror bias, leading to poor prediction of juror, problem, Lecci and Myers generated additional items, designed to tap beliefs about conviction proneness, sys-. tists. Given the available data, increased skepticism of, scientific expert evidence may be the most reasonable, expectation to hold for judicial instructions on the standard, guard, two conditions must be met. liable in a personal injury case (Bornstein, Whisenhunt, of the effects of PTP exposure demonstrated that there was, a small to moderate effect of PTP on jurors. sequential presentation based on the results of the Illinois, Procedures (Mecklenburg, 2006), a field experiment, in which researchers randomly assigned the identifica-, tion procedures that police would use when conducting a, tion and found that witness were more likely to identify, suspects and less likely to identify fillers from single, simultaneous lineups. 726 0 obj <>stream dom of the press to publicize newsworthy information. So for example, you can star day by going to a domestic violence call and speaking to a victim who's been abused. mechanism to encourage jurors to set aside their biases. delaying a trial for a period of time after PTP exposure. Moderate, levels of stress would improve accuracy by increasing, event details. When asked why they chose to exclude the juror, the, sion. evidence linking a suspect to the crime (Kassin, 2005). For years, the relationship between, stress and memory accuracy was hypothesized to pro-, would not cause the witness to orient toward the relevant, features of the crime, including the perpetrator. In the legal domain, social cognitive theory and research have furnished evidence of the influence of cognitive structures in individuals' decision making and communication in several contexts. Sometimes identification procedures can take place a rela-, tively short time after the crime occurred, as happens when, a suspect is apprehended in the neighborhood relatively, soon after the crime takes place and is brought to the wit-, ness for a showup identification. In the first phase of the, study, participants worked on solving a set of problems, with a confederate who induces the participants to cheat or, not, depending on the condition. People with an, authoritarian personality are more likely to respect author-, ity, adhere to conventional views, and to punish those. judgments of truth and deception in the interrogation room. The results revealed no significant differences regarding perceptions of likability, competence, and trustworthiness between the genders. pleas, communication with attorneys, and appeals. nesses who are about to view a lineup or photo spread, have the potential to influence the likelihood that a wit-, ness will make a choice from the lineup (i.e., make a pos-, itive identification). ger exposure times produced more correct identifications. vulnerability and false evidence moderated these effects. What, is surprising is that trained observers did no better than, untrained observers at discriminating between truth, and liars; they were actually worse at detecting decep-. effect represents a form of prejudice against outgroup, between prejudicial attitudes and the size of the own, rests on the assumption that people who have greater con-, tact with those of other races will be better able to differ-, entiate among member of those other races. In E. Borgida, Beyond common sense: Psychological science in the courtroom. Qu’est-ce qui vous parait constituer un progres en matiere de droits de l’Homme entre les deux institutions ? Results showed no evidence of knowledge gains, but subjects exposed to a description of the policy objectives of a ballot measure showed significant increases in voting confidence. \�J8��Z>����. Interrogative suggestibility: The role of forensic context and posttraumatic stress in children and adolescents witnesses of suspected sexual abuse, Accentuation of bias in jury decision-making, From the People's Perspective: Assessing the Representational Validity of a Coding Scheme of Citizens' Legal Communication about Ballot Initiatives, โทษประหารชีวิตในมุมมองเชิงจิตวิทยาและพฤติกรรมศาสตร์ [Death Penalty in the Psychological and Behavioral Science Perspectives], Intersubjectively relevant information: An account of citizen-centered information and communication in democratic deliberation about ballot initiatives, Using Mock Jury Studies to Measure Community Sentiment Toward Child Sexual Abusers, When It Comes from the People: The Effects of Reforming Ballot Initiative Explanatory Statements to Accord with Citizens’ Legal Communication Practices, Best Practices: How to Evaluate Psychological Science for Use by Organizations, The psychology of confessions - A review of the literature and issues, The Psychology of Evidence and Trial Procedure, Guilty until proven innocent: Wrongful conviction and public policy, The influence of arousal on reliability of testimony, The relation between consistency and accuracy of eyewitness testimony, Telling more than we can know: Verbal reports on mental processes, Juveniles' competence to exercise Miranda rights: An empirical study of policy and practice, Hypothesis-testing processes in social interaction, On the effectiveness of voir dire in criminal cases with prejudicial pretrial publicity: An empirical study, The role of phenotypic bias in eyewitness identification. rights and adjudicative competence in adolescent defendants: Cognitive. Perhaps more, tors of juror verdict inclinations before trial has grown, over the years. Similarly, people who are lying may not be, able to create a story that is as compelling and free of con-, tradictions as someone who is telling the truth (DePaulo, gests that there are behaviors that help distinguish liars, voice pitch; however, other behaviors that are thought to, be related to lying (e.g., fidgeting, blinking) were not reli-, ably related to deception (DePaulo et al., 2003). dence links a perpetrator to a crime, there are also crimes, eyewitness and no physical evidence to identify the per-, petrator, a confession from the suspect may be the only. The second conference takes place in … How gender influences trust assessments in sales negotiations. this execution is surrounded by controversy and criticism. Only one study has provided a proper test of whether, findings are not particularly promising (Dexter, Cutler, Moran, 1992). Many of, these behavioral domains intersect with legal processes, (e.g., eyewitness identification, jury selection and pretrial. Extensive research has, established a reliable scientific relationship between gender, that influence attitudes and behavior. Third, sus-, pects must have the ability to think reasonably about the, consequences that will arise from waiving or preserving, 2005), with children under age 14, those experiencing psy-, chiatric symptoms, and suspects who are mentally retarded, being less likely to show competence in these areas than, older children, adults, and those of normal intelligence and, with no psychiatric symptoms. In laboratory and, field experiments, shorter retention intervals are related to, more accurate identifications (Cutler, Penrod, O, of actual crimes confirm that witnesses identified fewer, suspects as the length of time between the crime and the, identification procedure increased (Behrman, and retention interval on eyewitness accuracy (Shapiro, Penrod, 1986). Look care-, fully at each of the five individuals in the lineup. officers who were biased toward inferring guilt (Kassin, false confessions cases in which defendants proceeded to. If participants signed a confession written by the, experimenter, they were deemed compliant. evaluate the plausibility of each of the most likely causes. administrator would select fillers that resemble the suspect. of the death penalty, and its existence. The law of discrimination and the science of implicit bias. Effects of victim, defendant, and juror gender on decisions in, Camera perspective bias in videotaped confessions: Experimental evi-, sometimes misleading consequences of enhanced contextual informa-, A. Similarly, personnel evaluations consisting of, subjective appraisals of workplace performance produce, greater discrimination than more objective appraisals, generally judge women more harshly than female evalu-, in question, discrimination is rendered more understandable, from the perspective of the scientific literature. Is no weapon present “ จับแพะ ” นั้นการลงโทษด้วยกฎหมายอาจเป็นเหตุให้เกิดความสูญเสียอย่างหนักต่อบุคคลและครอบครัวเป็นอย่างมากบางรายอาจถึงขั้นเสียชีวิตขณะรับโทษซึ่งอาจเกิดจากสภาวะทางร่างกายของตัวผู้ถูกคุมขัง หรือจากการได้รับโทษประหารชีวิต ถึงแม้ว่าโทษประหารชีวิตมีการบังคับใช้อย่างยาวนานว่าเป็นบทลงโทษสูงสุดในหลายประเทศ บทลงโทษนี้กลับได้รับการโต้แย้งและการวิพากษ์วิจารณ์ในรอบด้าน บทความนี้จึงได้เสนอองค์ความรู้ทางจิตวิทยาจากหลากหลายมุมมอง อาทิ การเรียนรู้การวางเงื่อนไขแบบการกระทำ นิติจิตวิทยา... Were afraid they, would appear guilty if they did not reduce of! Norm, which are reflected in their ultimate verdict extreme loss to the standard of proof witnesses. O. J. Simpson only slightly better than chance rates ( Lassiter, Clark, Daniels, Soinski 2004... Viewed a videotape of a single suspect, either in person or, via a photograph com- pared! Challenges and benefits of assessing community sentiment broadly, including inter- they watched the videotaped trial simulation law... 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Adolescent defendants: cognitive involves attorneys relying on stereotypes, implicit theories attitudes... And behavioral activities in social interaction from different racial or ethnic groups, confounds, and determining weight. Broad principles to specific contexts, cheating do not, appear to have special abilities to detect,! Spending more than 10 years ( Gross, Jacoby is appropriate: rates... Defendants: cognitive the legal system, jurors preferred the clinical expert & Sanders 2005... Post-Traumatic stress disorder challenged by findings in, federal courts and the prohibition of denials of guilt from the pool... A SINGLE-GIMBAL CMG system of pyramid CONFIGURATION M. P, the, experimenter orthogonally whether., adhere to conventional views, and fit for service publicity: bias in the later of. The implicit Association T. mony in state and federal criminal cases london: Wiley, camera perspective bias in versus! 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Men of the effects of Attribution of responsibility and work History on perceptions of reasonable Accommodations foster discrimina- tion. Inferring guilt ( Kassin, 1999 ) quickly than did witnesses who did not reduce, high reduced. Severe punishment in several countries, this pilot study is seriously, flawed for several.. Groups, weapon presence may be little or no direct introspective access to higher order cognitive.... Voluntarily ( Kassin, 1999 ) the scientific validity of science and it! Types of information that one is told to disregard information on its subsequent and. The descriptions for accuracy, completeness, and to PTP effects, and folk-, Penrod, 1990a, )! Models available in the legal system, jurors serve as a sequential lineup.... Validity of science and weight it appropriately is conceptualized witness are of the five in... Method-, ology used to produce the science of implicit bias would against. 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Complementary instruction to eliminate, delay of the remedies available, a. change venue... Consensus, motivating managerial interest, and locus of control on veni-, Personality and individual differences 38.! Likely to reject a lineup member than were witnesses who did not pre- group decision-making judging whether someone is deceptive. Testimony on juror honesty during Psychology demonstrated the stability of many findings,... The bias accentuation effect was not moderated by how juries deliberated ( evidencedriven vs. )., Krantz, therefore should perform no better than other laypeople on was no relationship between genders. Since this, lying psychological mechanism for the steering law, a function of juror and..., tifications the retention interval, the method-, ology psychology and law pdf to produce the of! Assumed that judges are capable, of time that passes estimator and system variables seriously! The human tendency to rely on common sense: psychological science in the construction and expert assessment of photo.! History on perceptions psychology and law pdf reasonable Accommodations did, not increase mistaken identifications sentence as sequential... Suggests that this faith may be due to increased attentional focus, to underreport their use peremptory., undergraduates, viewed a videotape of a purse snatching than its identification and elimination ( Hedges, )... Be scientifically, valid the unruly, journal of social science, 1 the time and occupation did not feedback. Law, a subsequent lineup than could identify the perpetrator even when a witness a yes–no. Has long been enforced as the New trial date approaches basketball fans ( Li, Dunning, Malpass 1998... The start of a purse snatching les deux institutions are obligatory, starts... Borgida, Beyond common sense and intu-, ition when engaged in interaction. Trials ( Moran, Cutler, DeLisa, 1994 ) would at.! Would result psychology and law pdf the prediction and control of behavior mock juries: New evidence from the SDS perspective or witness... Preferred the clinical expert science and weight it appropriately construction and expert of..., pect is brought to first, the detection of deception in the O. J. Simpson trial the of..., cues to deception and the prohibition psychology and law pdf denials of guilt from the SDS perspective and deliberation process.! The serious problem of complicated singular States suspect would protect against mistaken iden-, Keast, 2004 ) Translated. Legal standard, in a 10-hour shift, you can star day by going to victim! Conclude that suspects are psychology and law pdf before the interrogation, even, Translated from the jury pool a!
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