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Theoretical Victimology Lecture to the 29 th Postgraduate Course in Victimology Inter University Center Dubrovnik 13 to 26 May 2013 by Gerd Ferdinand Kirchhoff.

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Presentation on theme: "Theoretical Victimology Lecture to the 29 th Postgraduate Course in Victimology Inter University Center Dubrovnik 13 to 26 May 2013 by Gerd Ferdinand Kirchhoff."— Presentation transcript:

1 Theoretical Victimology Lecture to the 29 th Postgraduate Course in Victimology Inter University Center Dubrovnik 13 to 26 May 2013 by Gerd Ferdinand Kirchhoff Graduate School of Victimology Tokiwa University Mito Japan

2 Victimology implies something theoretical that fifty years ago plainly did not exist. Fourty years ago, it was seen as a “hodgepodge of ideas, interests, ideologies and research methods that have been rather arbitrarily grouped (Cressey 1979 and 1985) Fattah 2000 Distinguishes between “humanistic victimology” (represented by the victim assistance community) “scientific victimology” which for him was part of criminology

3 Territorial dug in war Why did the criminologists have these difficulties in accepting victimology as an independent new science? The fight for recognition of criminology as a distinct science interest driven: a competitor on the fight for grants must be controlled criminology qua criminology did nothing for the victims in the past, victim ideas have been pretty much connected with social democratic ideas Lombroso Ferri, Garofalo that did not fit into a subconsciously capitalistic criminology which had its own struggles to be accepted Sutherland and Chicago School “victim identity” thinking of criminologists – not a good term!

4 Two new things happen: 1. Hans von Hentig introduces into criminology a clearly interactionalist element: the interaction between doer and sufferer - clearly in the interest of social control and of improving criminology The new perspective does not have an own territory Followers of von Hentig like Schafer place victimology clearly in the field of criminology Wolfgang was never explicitly decided but favored a look to victim issues “Special Victimology” There were no chairs, no grants, and there was no future in this field -> criminology had occupied the seats and the key position

5 2. Mendelsohn “General victimology”. Mendelsohn’s (mostly) formal ingredients”” of a science all victims an international society of victimology clearly a scientific organization –the new kid on the block” »concerns of criminologists »concerns of sociologists »concerns of practitioners »1976 Foundation of NOVA and 1979 Victim Support UK »victims are our property!

6 Development of two fields Theoretical Victimology Admittedly very conservative and cautious Field of Victim Assistance Very dynamic, full of enthusiasm, passionate claim for victims and against the neglect of victims in the criminal justice system A highly interesting social movement, Under the header “victims” strange bedfellows meet!

7 1985 Hans von Hentig Award to Marlene Young bridge between victimology and victim assistance, especially demanded by the influential American EC members who were personal friends of Marlene difficult to maintain the separation between victim assistance and victimology –in victimology, victim assistance is included –consequences –sympathy between practitioners and scientists

8 1985 very successful UN Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power (created from within WSV by Irvin Waller and LeRoy Lamborn in connection with Irene Mellup from the UN. Takeover and implementation of victim orientation in a criminal justice system by (South Australia, Labor) Chris Sumner continued by followers, now the first Victim Commissioner Michael O’Connell l

9 Elections to the EC reflected the stand-offish attitude of scientists and the willingness of activists to move the cause internationally extreme skilled leadership in USA, UK and Mexico Peak of influence of activists in 2006 “Enhancing the Mission”

10 Mendelsohn 2 International Symposia 1973 Drapkin-Viano 6 readers 1976 Boston no reader 1979 Muenster 2 readers and 1 book in German 1982 Tokyo 1 reader 1985 Zagreb 1book, two readers 1988 Jerusalem 1 reader 1991 Brazil 4 readers, 1 book series 1994 Adelaide 1 reader 1997 Amsterdam 1 reader 2000 Montreal 1 reader 2003 Stellenbosch 1 reader in print 2006 Orlando 1 reader 2009 Mito 1 reader 2012 Den Haag 1 reader

11 Mendelsohn 3 Institutes of Victimology (1968 - 1992 Koichi Miyazawa’s institute in Keio, Tokyo, Japan) Bellagio Institute 1975 (Emilio Viano) 1998 Sarajevo (WSV and University of Sarajevo, dormant) 2003 Tokiwa University (Hidemichi Morosawa, John Dussich) 2004 Intervict in University of Tilburg (Groenhuijsen, van Dijk, Winkel) Today many institutes (WSV website)

12 Mendelsohn 4 Journal of Victimology 1976 Emilio Viano’s “Victimology - an international journal” NOVA’s Newsletter, WSV Newsletter 1982, The Victimologist International Review of Victimology UK International Perspectives of Victimology (Tokiwa) since 2004 numerous other special journals

13 Formal requirement 5 Textbooks numerous textbooks, the first in 1975 Schneider (in German language) mainly English language textbooks market situation a clear advantage tailored to the need of the teaching and learning and refined by competition driven by the growing market in victim assistance an abundance of monographs Friday 2000 talks about “globalization” in victimology -

14 That has clear advantages Many excellent and very often very useful empirical contributions triggered by the success of the National US Crime Victim Surveys and the International Crime Victim Survey gave a method to measure victimizing incidents independently from crime statistics There is a wealth of empirical data, articles and monographs

15 Development of academic teaching All the efforts would be in vain if victimology did not enter the classrooms of the university Regular teaching in victimology started in sociology seminars, in criminology classes in the seventies. In the same time regular classes were held usually after the Bellagio Institute 1975 by participants 1984 the first Postgraduate Course on Victimology convened in Dubrovnik, Croatia - till now 29 conferences of this course 1985 the first panel “Young Victimologists” in Zagreb with students 1994 in Adelaide, Hauber, Kirchhoff and O’Connell convened workshop on “Teaching Victimology” (basically three curricular and critique of them) overcrowded 2000 Teaching Victimology : 80 participants demanded from WSV to develop a curriciences (culum. No doubt, victimology had entered the classrooms 2003Tokiwa University Mito Master in Victimology 2003 PhD in Human Sciences Subfield Victimology 2012 Tilburg University Master in Victimology and Criminal Justice 2013 PhD Victimology Tokiwa University

16 Fattah 1998 All in all, victimology is no longer a subject of bewilderment or curiosity but is slowly becoming a household name. This is being facilitated by the extensive coverage that crime news and victim issues are receiving in the mass media; by the wide publicity victims’ programs are getting and by the proliferation of victim services and victim assistance programs in many countries (Fattah: retrieved on May 3, 2007).

17 Courses are given in tandem with the symposia (Rio 1991, Amsterdam 1997, Montreal 2000, Stellenbosch 2003, Orlando 2006, Mito 2009) - independent from WSV by Fattah and Peters Courses in the Canaries Numerous universities have lectures and seminars in victimology Numerous professional courses and training academies developed for practitioners in victim assistance the need to train volunteers excellent training material in USA, UK, New Zealand, Australia, Canada from 1995 on the National Victim Assistance Academy funded by the Office of Crime Victims, Office of Justice Program, US Department of Justice Special faculties for the study and practice of Traumatic Stress Studies - e.g. University of Charleston, South Carolina South America: Hilda Marchiori, Elias Neuman, Manzanera and others in INACIPE Mexico with the first master degree constituted

18 Problem of finding a “home faculty” for a study that draws from sociology, psychology, medicine, social work, political science, criminology and law, especially criminal law and criminal procedure. Integrating knowledge from so many faculties, the field has no own single unifying theory This is a reason that it is not regarded as a science - but it behaves like a science. and it is more an more accepted as such.

19 Master Study in Victimology e.g. in Tokiwa University Japan In Tilburg University Netherlands Doctor Programs e.g. in Tokiwa University In Tilburg University

20 Fattah on Victimology Fattah: the primary task of theoretical victimology is to collect empirical data on crime victims. This is done by victim surveys. It is not yet clear what these surveys measure. Are the surveys designed to measure crime or victimization? Are they meant to measure criminal victimizations that meet the criteria set by the criminal code? or are they meant to measure subjective victimizations experienced by the respondents. These are different realities.

21 Fattah on Victimology From here, he unfolds the different theoretical models that have led to various theoretical formulations: - Lifestyle Model a simple and logical extension of the medical concept into the social sphere: smoking, sedentary way of life, aids and eating increase health risks. Routine Activity Approach Opportunity Models L and RA brings potential victims together with motivated offenders (proximity, attractiveness and exposure) or direct differential opportunities. This is the model that Fattah favors:

22 Fattah then describes a flurry of victim legislation, victim compensation, offender restitution and victim services.

23 Information from the sociology of social movements Scientists form an interest group (Berger and Luckmann 1986). They are interest driven. interests are formed by invested “capital” by scientific convictions certainly, by interest in being funded by an interest of being acknowledged by peers and students and “followers” Theories - the special tools in the competition and identity markets - are validated more by social support than by empirical evidence. The intensity of support determines the ultimate success of this interest group - like any other interest group - in their efforts to promote a cause, a problem, a science. Scientific theories in any field of science are a kind of social construction of reality. This is not different in social science, here: in victimology.

24 Positivist, radical or critical versions of victimology (identified by Mawby and Walklate 1994) are just different competing constructions in victimology. Individuals and interest groups construct and generate social problems out of their interests, whether there are data in objective reality that justify this or not. Data can be produced ad libidum and ad nauseam! That does not change the fact that scientists are interest driven. Special knowledge is formulated and administered by specialists whose social prestiges depend on their special ability to teach, to write, to do research, to distribute resources, occupy the media. To avoid their dictatorship, it is needed to keep the connection to victim assistance.

25 Maus (1975) developed a convincing model that explains how society in general reacts towards the “new kids on the block” Victimology was received by the relevant existing groups - the publics in criminal law, criminology, social sciences generally and by the stakeholders in the status quo - exactly in the same way society deals with new social movements. Techniques include overlooking rejection ridicule “feel free to call it victimology!” outright fanatic opposition attacks cooptation that is nothing new we embrace the efforts fully recognition

26 This recognition is dangerous: only if there is enough disquieting noise and unrest, the stakeholders of the traditional way of thinking (or the existing social order) will listen and finally will react. These reactions are applauded by the outer circle and often by the inner circle as well. Then the problem is solved. Dangerous moment: The resounding body is leaving the movement and turns to other goals (e.g. crime prevention, restorative justice or transformative justice) the inner circle of “true believers” “the activists” “the hard core” is still dissatisfied and continues the fight. Observations: 1985 UN Declaration

27 There are many examples Nils Christie brought a practical development in victim offender mediation to the theoretical point: horizontal or vertical justice? The systems often adopted horizontal elements. Participation of victims: full fledged participation or fake participation: –in Japan very new reform –victim impact statements –mediation, victim offender reconciliation –victim assistance organizations: »in Germany it is very difficult to introduce new measures “for victims” that are not supported by the greatest victim organization Weisser Ring.

28 Observations on theoretical victimology Victimology is the social science of victims, of victimizations and of the reactions toward both, towards victimization and towards victims. Is victimology the same as the contributions of other science towards victimology? especially in the first period of academic teaching, the field depends on scientists from various other disciplines who lecture about the contributions of their home faculties to the emerging field. Is victimology more than the sum of contributions of other sciences?

29 Structure of Victimology 1. Social Science of Victims Who are the victims in victimology? 3 kinds of victims have been discussed Victims of crime Victims of “everything” Victims of Human Rights violations including crime

30 The measurement of victims  Of course we want to know “how many are out there?” › Victim Survey › A general question: › From what do we know how many crimes are “out there”?  Police statistics  Self reports of actors  Self reports of victims  These systematically collected self reports are called Victim Surveys. › Big advantage:  We can ask other things,  What goes hand in hand with victimization? 30

31  Often sociologists find that victimization goes hand in hand with the same kind of variables crime goes hand in hand with › The social correlates of crime  E.g.Routine activity theory  Routine activities bring people differently in contact with offenders  Motivated offenders  Attractive target  Lack of effective guardian »That is criminology: it explains under what conditions crime happens very probably 31

32 Victims have experienced damage I did not want to talk about crimes but about victims. Typical for the victim is: They have experienced a damage An emotional damage A physical damage A financial damage –Social damage? Damage in reputation? Is this an own category? Where does this belong? That is very important to keep in mind: this triangle describes a victim very well. For analytical purposes we have to keep these dimensions apart: 32

33 Social Science of Victims of Victimizations

34 Two perceptions of victimization 1. the static one 2. a more dynamic one

35 Victimizations Victimology is the social science of 1. victims 2. of victimizations 2.1. as a process 2.2 the damage the victim has experienced 2.3. the process of becoming a victim: victimizations as invasions into the self

36 Victimization as a process The next concept:victimizations. Victimization means a process: the process of becoming a victim. sometimes very short sometimes long and escalating it is a social process of becoming a victim social definitions that prepare the victim for its demise: e.g. victims of genocide 36

37 Victimization The static model The three dimensions of damage –Emotional damage (including social damage) –Physical damage –Financial damage Useful for analytical purposes A little bit simple We know that it is “artificial” The dynamic model 37

38 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 38 Definition of a victimization as process Victimizations are Invasions into the Self of the Victim In this definition, we see a certain model of a person There is a self, which can be invaded (Painting) Invasion means a certain penetration from outside there is something around the “self” There is a kernel That we are going to explore a little bit more in detail

39 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 39 The Self … and the layers Imagine an onion Here is the outer peel Brown and tough Remove it: you come to more tender parts –Parts which never have seen the sun –Parts which are softer –The deeper you go, the softer is the material –The softer, the more sensitive to intrusions –The more sensitive, the easier it is to intrude –The less protected, the more pain is produced by intrusions –In the center of the onion, there is the real Self

40 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 40 The self and the layers  Victimizations are Invasions into the Self of the Victim › You win a feeling for a rank order of victimizations  According to their severity  Severity is represented by the deepness of the invasion into this model › Victimizations on the surface are light and easy  Intensity 1rst degree  Loss of non valuable cheap mass products  Different: emotionally loaden items

41 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 41 Intensity 2 nd degree  The case of theft of an inherited ring of mother  The case of burglary › Feeling of invasion of privacy › Feeling of shattered security › Feeling of loss of property  Reactions:  Fear, Panic attacks  Sleeplessness  Headache

42 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 42 Invasions: Intensity 3 rd degree  Imagine Street Robbery › First you do not believe what happens  This is a joke! › Then: panic, anger, nervousness › Rage that nobody comes and helps › Loss of ability to evaluate social situations properly › Loss of physical integrity › Loss of property › Sadness that nothing is like it was before › Insecurity!

43 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 43 Intensity 4rth degree  Sexual victimization › In human interactions, everyone sends and receives signals of sexual content  This happens all the time  But:  we believe that is only so  in moments where we want this to happen  In moments where we are aware of this › Sex offenders grab us exactly at this spot of our personality

44 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 44 Intensity fourth degree  Sexual Victimization › Destruction of identity  You lived protected in yourself  Now you feel open to the grabbing invasions of everybody  You feel unprotected  You feel insecure and you panic  You thought you could determine yourself what happens with you  Now you feel that you are powerless  You have no autonomy  You felt you were a person with its own dignity and worth  Now you feel invaded by someone who wears dirty shoes and who has muddy hands  Your self esteem is destroyed

45 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 45  Can you live with such a feeling about you and your life? › No › Life-preserving fictions are destroyed › These fictions are like a shield around you › Now you are forced to live without the protection of these believes › This is completely unknown to you  You feel naked among wolves!

46 Victimizations Victimology is the social science 1. of victims 2. of victimizations 2.1. the damage the victim has experienced 2.2. the process of becoming a victim: victimizations as invasions into the self 3. and of reactions towards both 3.1 informal reactions of the victim : crisis and crisis reactions 3.2 informal reactions of the social environment 3.3.1secondary victimization 3.3.2 crises and intervention

47 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 47 Invasions cause Crisis  These invasions cause crisis › Crisis is an escalating feeling of insecurity › It is triggered by the experience  That the normally available powers to handle insecurities  are blocked  They do not function  They are gone  You are frozen › This experience makes the fear bigger › In an escalating spiral this feeling becomes unbearable › It explodes into a reaction

48 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 48 Crisis Reactions  Reactions can be › Very silent  Sadness - Depressions - Mood Disorders  It closes your mouth - You say nothing › Very dramatic  Very expressive  Very loud  Crying and uncontrolled reactions › Immediately ….. or delayed › Culturally determined

49 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 49  Helplessness  Feeling of chaos and being without orientation  Rage and anger › that this happened to me › that no one helped me  Disappointment about family › Isn’t he supposed to protect me? › Why did they leave me alone in such a decisive moment ?  Anger about the offender › That he was so unashamed to treat me like this!

50 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 50  I will never be able to feel safe again!  I can trust nobody › In the decisive moment, they disappear  I feel guilty › If I had not behaved like this….. › My contributive behavior (behavior attribution) › This is me, my character (character attribution)  I feel ashamed › My value is damaged › What will the family say about me? What will the friends say? My colleagues?

51 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 51  Crisis is so escalating that it calls for an end  People cannot life in crisis  We are reliant to live in a meaningful world  We cannot live without meaning › Dangerous: › Victim can often not find out of this situation without damaging himself  Suicide, despair, mental breakdown  Retreatism: no contact, loneliness, feeling to get crazy  Self blame

52 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 52 REPEAT VICTIMIZATION  ONE TIME VICTIMIZATION › Imagine that this all happens after the first time  REPEAT VICTIMIZATION › means that victims get victimized more than once › By the same kind of victimization  If you are victimized a second time but by another kind of victimization, we call this MULTIPLE VICTIMIZATION  Once you shift your attention to multiple victimization, you find that very many victimizations are repeat victimizations  Burglary  Child beating  Domestic violence  Sexual exploitation  Labor exploitation

53 Victimizations Victimology is the social science 1. of victims 2. of victimizations 2.1. the damage the victim has experienced 2.2. the process of becoming a victim: victimizations as invasions into the self 3. of reactions towards both 3.1 reactions of the victim: crisis and crisis reactions 3.2 reactions of the social environment

54 Secondary Victimizations Damaging reactions of the immediate or wider social environment Immediate: parents, siblings, husbands, wifes, children Wider: neighborhood, colleagues in the workplace, schoolmates, teachers, Institutions and those working in them: policemen, nurses, physicians, telephone crisis volunteers, victim assistance workers, therapists and physicians Secondary victimization makes us especially angry if it happens by people who officially are said to exist to help the victim. Avoidance of secondary victimization is the first aim in victim assistance - an important and very rewarding field.

55 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 55 What to do now?  Crisis Intervention › Someone from outside steps in between › And tries to interrupt the fruitless self dialog within the victim › By being together with the victim › By communicating with the victim  Verbally  Non verbally

56 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 56 Crisis Intervention  1. Listening, › Listening  Listening Victims have to express their emotions They do this often very intense They do it over and over again They are like crying people crying people can not listen to what is said therefore: listen, do not talk, except communicate: you are not alone!

57 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 57 Crisis Intervention 2  2.  Work on the emotional stabilization of the victim › Principle: you are not alone › Principle: you are safe now….. › Let the victim get more calm  That goes often hand in hand with telling  Telling means:  to put something outside  To be able to listen to it  To be able to look at it

58 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 58 Crisis Intervention 3 › What has to be done now?  Let the victim find out alternatives what to do  Assist in stock taking  Do not judge  Do not direct  Do not order  It is the VICTIM who has to go the next steps  Not you!  Victim empowerment  Exploring the alternatives

59 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 59 Crisis Intervention 4  3. Victim decides what to do › You help victim to see the  Disadvantages  Advantages  Of each decision  And you reinforce the victim in what the victim decides  Safety planning › Limit: Suicide, killing someone

60 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 60 Crisis Intervention 5  4.  Help and Support in going through › Crisis interventionalist knows the system very well › Victim has never interacted with the system › It needs advice › It needs support › It needs company › It needs encouragement

61 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 61 Typical Standards  You are safe now!  You are not alone  You did nothing wrong.  You do not have the responsibility for what happened to you. You are not to be blamed.  You can do it, you are important

62 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 62  You are not alone › Someone is with you › Someone cares › There is no isolation › I know you feel lonely but here is an offer to communicate › I will be company › I have no other agenda

63 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 63  You are safe now! › This is a room where the offender cannot reach you. › This is a room where you can relax › Your fears were justified but now you can let them go › Do you feel safe? What can I do to make you feel safe as long as you are here? › Whom do we need to ask for protection?

64 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 64  You did nothing wrong › Victim Assistance is to help the victim cope with the consequences of the victimization  It is not the aim to find out who is to be blamed what has happened  Especially not the victim!  You have been wronged! No one is allowed to treat you the way you were treated  This is indeed wrong what happened to you.  You feel the right way ….

65 2015/5/7 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 65  This is not your fault  The offender is responsible  You did not decide that this should happen to you  It was the decision of the offender  Not you are responsible for this decision › Be aware of the need to distinguish:  Responsibility for this event  Responsibility for future prevention

66 These principles are derived from what practitioners of victim assistance share, write and teach in trainings of volunteers. Of course these principles are highly contested among experts. Often the experts do not talk about the usual disturbances and crises victims go through, they talk about the few victims who are severely damaged. What is still missing, is a scale for the severity of victimization. Of course that has to do with the multiplicity of damage dimensions. Since we do not have clear measurements for the severity, we do not know what is the success of all attempts to alleviate the burden for victims.

67 Interesting Research Fields Psycho-traumatologists tell us that PTSD can be prevented if they can start early with the treatment. Develop a scale that separates the big risks from the small risks and work with the big risks. The traditional methods of victim Assistance do not work. Cui bono? Who has the profit of all the suggested reforms in Criminal Justice? What is the benefit for victims? Often ideology and victim work make it difficult to find out whether the victim profits or the group that promotes the ideology behind the program. Especially nice in criminal justice programs.

68 Structure of victimology Victimology is the social science of 1. victims 2. of victimizations 3. of reactions towards both 3.1 who reacts? 3.2 informal and formal reactions

69 Reactions 1. who reacts? 1.1victims 1.2 the social environment 2. what effects do reactions have? 2.1 Damaging reactions: secondary victimization 2.2 Helpful reactions: victim assistance programs 2.3 unconcerned reactions ? The reactions of the criminal justice system

70 Reactions 2. What kind of reactions? 2.1 Informal reactions 2.2 Formal reactions (written down, formalized) 2.2.1 Traditional criminal justice reaction The victim in the criminal justice system The role of the victim in criminal proceedings 2.2.2More recent developments which have been extensive introduced by previous speakers. As far as these developments have the victim in the center of their endeavors, they are part of victimological studies.

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