In 2009, the Northern Territory amended the Education Act requiring that the use of corporal punishment be banned in non-government schools as part of the school registration requirements. Published by the Australian Institute of Family Studies, March 2017. Debating the Death Penalty: Should America Have Capital Punishment? Retrieved from . Retrieved from . For example, the Texas Parole Board was flooded with requests to grant clemency to Karla Faye Tucker, a death row inmate who had been convicted of brutally killing two people with a pickax during a 1983 robbery. Table 1 documents details of current law by state and territory on the use of punishment by parents. Convention on the Rights of the Child: General comment no. Journal of Family Psychology, 20(2), 190-198. Moreover, in January 2003, the California governor approved the construction of a $220 million state-of-the-art death row. The first meeting of Congress addressed the phrase for only a few minutes. Duhaime.org is a legal dictionary and law museum here to help you learn law. "Symposium on Capital Punishment—Justices William J. Brennan, Jr., and Thurgood Marshall on Capital Punishment: Its Constitutionality, Morality, Deterrent Effect, and Interpretation by the Court." Press. In 2011, the Education and Care Services National Law was introduced by way of an applied law system where the host jurisdiction (Victoria) passed the law (Education and Care Service National Law Act 2010) and other jurisdictions adopted that law or passed corresponding legislation (Australian Children’s Education & Care Quality Authority (ACECQA), 2013a). United Nations Committee on the Rights of the Child. 3. The Journal of Psychology, 138, 197-221. Baldus's study was used by death row inmate Warren McClesky in an appeal that came before the U.S. Supreme Court (McClesky v. Kemp, 481 U.S. 279, 107 S. Ct. 1756, 95 L. Ed. Coker v. Georgia, 433 U.S. 584, 97 S. Ct. 2861, 53 L. Ed. The amendment specified that the principals of both state and registered schools are responsible for ensuring that students under their care are not subjected to corporal punishment. Supporting families to develop positive parenting and improving the safety and wellbeing of Australia’s children is supported by the Families Support Program and the National Framework for Protection of Australia’s Children 2009–2020. The Legal Status of Corporal Punishment Violence Against Women. The discipline and guidance of children: A summary of research. Despite the controversy, the constitutionality of capital punishment has been upheld and continues to be an acceptable practice in thirty-eight states, where nearly 3,500 inmates waited on death row throughout the United States by the end of 2001. Spanking and child outcomes: Old controversies and new meta-analyses, Family Psychology, 30(4), 453-469. Ending legalised violence against children: Global report 2012 (PDF 1.5 MB). In 1989, the state of Florida executed 42-year-old Ted Bundy. There are also clear gender differences, with boys more likely to experience corporal punishment than girls (Smith et al., 2004). A further question, however, is whether U.S. taxpayers got their money's worth. "Counties Struggle with High Cost of Prosecuting Death-Penalty Cases; Result is Often Higher Taxes, Less Spending on Services; 'Like Lightning Striking.'" Regarding legal definitions, 48 states and the District of Columbia specify what constitutes cor-poral punishment in their legal statutes defining child abuse (Da-vidson, 1997); 29 states assert that corporal punishment encom-passes the … Corporal punishment or physical punishment is a punishment intended to cause physical pain to a person. According to a 1990 study, the total cost to build a maximum-security prison cell is $63,000, which breaks down to approximately $5,000 a year in principal and interest. (California Penal Code:11165.4) Willfully inflict any cruel or inhuman corporal punishment or injury resulting in a traumatic condition upon a minor. The Karla Faye Tucker who was on death row, they all said, was not the same person who had committed the gruesome murders more than a decade earlier. Tucker challenged the adequacy of the Texas executive-clemency procedures, but the Texas Court of Criminal Appeals concluded that "[a]n inmate has no constitutional or inherent right to commutation of her sentence." Rather, the state's high court ruled that any sentence that Jones might have received for first-degree murder would not have been justified, because a first-degree murder charge can only be supported by proof that the defendant possessed a "specific intent" to commit the crime. The Criminal Code Act states it is lawful to use force “to discipline, manage or control” a child. The nineteenth century saw a dramatic increase in the use of capital punishment with 1,391 documented executions. South Australia has adopted the National Law Act prohibiting the use of corporal punishment by providers, nominated supervisors, staff members, volunteers and family day care providers of an approved education and care service (see Part 6, section 166). Clinical Psychology Review, 33, 196-208. The Texas Board of Pardons & Paroles refused to stay the execution, finding that neither Tucker's gender nor her religious conversion were sufficient grounds to commute her sentence. At first glance, the costs involved in the execution of an inmate appear simple and minuscule. Inst 4, 6, 18, 19. 2002. https://legal-dictionary.thefreedictionary.com/capital+punishment, have decreased along with the generally sinking crime rate, Americans have become more likely to say, Attitudes about the fairness and usage of the death penalty correspond with basic support or opposition toward, Death penalty opponents often stress the reality and inevitability of human error as they contend even the smallest risks of wrongful executions justify the abolition of, Jail authorities had recently written letters to the concerned ATCs for issuance of black warrants for the convicts of, 1 -- "India cannot risk the experiment of abolition of, His 23-year-old son, Sanjay Singh Chouhan, who is in a Singapore jail was supposed to get, BAGHDAD/ Aswat al-Iraq: Free Iraqiya bloc MP Alia Nsaif called the United Nations to change its position on, | PARIS, Oct 11 (KUNA) -- The French government on Friday expressed "deep concern" with the increase in, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, New Low of 49% in U.S. Say Death Penalty Applied Fairly, U.S. Death Penalty Support Lowest Since 1972, The challenges of "improving" the modern death penalty, Capital Punishment in Twentieth Century Britain: Audience, Justice, Memory, UN called to approve death sentences in Iraq, MP, France "deeply concerned" with number of Iraqi executions, Capital Program Priority Advisory Committee, Capital Projects and Bond Oversight Committee, Capital Punishment for DWI-Related Offenses, Capital Region Action Against Breast Cancer, Capital Region Association for Eating Disorders, Capital Region Builders and Remodelers Association, Capital Region Economic Development Corporation, Capital Region Flat-Coated Retriever Club, More than 50 mentally ill or mentally impaired individuals were put to death. The U. S. Supreme Court has vacillated on the application of capital punishment, ruling in the Furman decision (1972) that capital punishment was a violation of the Eighth Amendment's prohibition against "cruel and unusual punishment" in certain cases, and then reinstated it in 1976. Physical Punishment of Children Final Report No. Table 2 and Table 3 provide details of current law by state and territory regarding the use of corporal punishment in early education and child care centres and primary and secondary schools, respectively. Global Initiative to End All Corporal Punishment of Children. He argued that "no combination of procedural rules or substantive regulations ever [could] save the death penalty from its inherent constitutional deficiencies"—"arbitrariness, discrimination, caprice, and mistake." (2014). 1994. Corporal punishment was banned in government schools in NSW pursuant to the Education Act 1990 (NSW). Clemency, the court wrote, is a matter that rests solely within the "unfettered discretion" of the executive branch of the state government. A genetically informed study of the association between harsh punishment and offspring behavioural problems. Ending legalised violence against children: Global progress to December 2016. Retrieved from . The use of corporal punishment in schools has been prohibited in 128 countries. Within the family setting, contextual factors such as family structure (e.g., number of children), economic disadvantage and family stress increase the likelihood that parents will use physical punishment as a disciplinary method. There is no legislation concerning corporal punishment by parents in Victoria, however, there is a common law defence for parental use of corporal punishment. Regulations banning corporal punishment do not extend to non-government schools. The figures he assembled showed that between 1973 and 1979, killers whose victims were white were 11 times more likely to be sentenced to death than were killers whose victims were black. Under common law, it is lawful to use corporal punishment in an alternative residential setting. Global Newsletter (Issue 36, February 2017). Critics have argued that the death penalty is a form of cruel and unusual punishment, that it is applied in a racially discriminatory manner, that it lacks a deterrent effect, and that it is wrong. London: Global Initiative to End All Corporal Punishment of Children. To afflict, castigate, or reprove severely: "For nonconformity the world whips you with its displeasure" (Ralph Waldo Emerson). The prohibition of corporal punishment is also outlined in the Education and Training Reform Regulations 2007 and the Education and Care Services National Law Act 2010. Together, these costs mean an annual expenditure of $25,000 to incarcerate an inmate. 73, 31-56. This paper was updated by Brooke Walton, a project officer for Child Family Community Information Exchange at the Australian Institute of Family Studies. (2006). The importance of considering cultural beliefs regarding corporal punishment when working with families has been substantiated by Kolar and Soriano (2000). Notre Dame Journal of Law, Ethics, and Public Policy (Thomas J. When Jones appealed his conviction, the North Carolina Supreme Court did not review his sentence under an Eighth Amendment analysis. In addition to the president, the nation's highest court sides with those who support capital punishment. Gershoff, E. T. (2002a). Queensland prohibited the use of corporal punishment in state schools in 1989 by repealing provisions that allowed for it in the Education (General Provisions) Act 2006 (Qld). Common themes that emerged from children’s perspectives included that physical punishment: Children also emphasised a desire for more consistent and clearer communication from caregivers when they are being disciplined (Saunders, 2013). Since the turn of the twentieth century, many studies have been conducted on the deterrent effect of capital punishment. The Australian Institute of Family Studies acknowledges the traditional country throughout Australia on which we gather, live, work and stand. Corporal punishment definition is - punishment that involves hitting someone : physical punishment. The Criminal Code Act states that corporal punishment is lawful in child care settings under the authority to use force “by way of correction”. If a case advances further in the state or federal appeals process, the costs are likely to jump to $275,000 or more for each appeal. New South Wales is the only state to have made legislative amendments concerning corporal punishment by parents. For more information on discipline strategies see the Parenting Research Centre’s Raising Children Network, which provides helpful and practical advice about disciplining children of all ages. Psychological Bulletin, 124(4), 539-579. Related Legal Terms & Definitions. A further 56 countries have committed to achieving a complete legal ban (GIEACPC, 2016). A twenty-five-year-old woman convicted of first-degree murder would need to serve a life term to the age of 145 before the costs of incarcerating her would surpass those of executing her. Research in Australia has documented retrospective accounts of punishment styles experienced by the adult children of twins from the Australian Twin Registry. Corporal punishment harms the educational process for children. Bigel, Alan I. Between 1976, when the moratorium on capital punishment was lifted, and 1995. Hidden in plain sight: A statistical analysis of violence against children. But the Court did find sufficient proof of consensus against making rape defendants as a class that was eligible for capital punishment, stressing that only one jurisdiction in the country at the time of its decision allowed capital punishment for the rape of an adult woman. Internationally, 52 countries have prohibited corporal punishment in all settings. 2001. Lynch, S. K., Turheimer, E., D’Onofrio, B. M., Mendle, J., Emery, R. E., Slutske, W.S., & Martin, M.G. The first known infliction of the death penalty in the American colonies occurred in Jamestown Colony in 1608. The Crimes Amendment (Child Protection-Physical Mistreatment) Act 2001 (NSW) introduced an amendment specifying that physical punishment by a parent should not harm a child more than briefly and specifies the parts of a child’s body that can be subject to force. Means of capital punishment used in the United States include lethal injection, electrocution, gas chamber, hanging, and firing squad. In the sections that follow, information is presented about the current laws on the use of corporal punishment. Education and Care Services National Law Act 2010, Education and Training Reform Regulations (reg 14) 2007. Information is current at the time of publication. Spock, B., & Needlman, R. (2009). Corporal punishment in early education and child care settings. However, parole boards and related executive branch departments are under no obligation to give mitigating evidence any weight, and may typically reject a death row inmate's request for clemency without providing any reason for doing so. (c. 2012). Foley, Michael A. Beckett, C. (2005). © 2021 Australian Institute of Family Studies. Corporal punishment is also known as physical punishment, smacking, spanking, belting or hitting (Saunders, 2013). Physical punishment in childhood: the rights of the child. When parents are consistent in their disciplinary strategies, children learn what to expect from their parents if they misbehave. The framework aims to complement work done by states and territories by providing integrated services for families with skilled family support and early childhood workers. Although some opponents of the death penalty are quick to argue that capital punishment has no deterrent effect, many supporters feel that the purpose of capital punishment is retribution, not deterrence. This amendment states that no one shall be "deprived of life, liberty, or property, without due process of law." Smith, A. This law applies to non-approved child care services. It is lawful for a parent to “use, by way of correction, discipline, management or control, toward a child or pupil, under the person’s care, such force that is reasonable under the circumstances. Physical… SUPPLICIUM civil law. South Australia repealed provisions that allowed for corporal punishment in schools in 1991 in the Education (Amendment) Act 1991 (SA). Rodriguez, Roxanne. The Children (Education and Care Services) National Law (NSW) No 104a 2010 states that it is an offence for an approved provider of an education and care service to subject a child being educated and cared for by a service to use any form of corporal punishment or any unreasonable discipline in the circumstances. Other studies have reached similar conclusions. Corporal punishment—also known as spanking—is a disciplinary tactic some parents and guardians use to punish undesirable behavior in their children. The results indicated that the type of punishment a parent engages in has an influence (i.e., environmental factors had a greater impact than genetics alone) on a child’s behavioural and emotional outcomes (Lynch et al., 2006). Paolucci, E. O., & Violato, C. (2004). Gershoff, E., & Grogan-Kaylor, A. The first and most cited research was a seminal meta-analysis conducted by Gershoff in 2002. Global Initiative to End All Corporal Punishment of Children (GIEACPC). Clinical Child and Family Psychology Review, 8, 1–37. However, the Eighth Amendment does not require courts to instruct a jury during the penalty phase that it has both an obligation and the authority to consider the mitigating factors deemed relevant by state law. and/or results in the impairment of physical or emotional condition of the child, or poses an imminent danger of such impairment. 2d 413 (Fla. 1999), cert denied, 528 U.S. 1182, 120 S. Ct. 1222, 145 L. Ed. For more details and a complete list of countries that have prohibited corporal punishment of children refer to the GIEACPC website. section 166 it is an offence for a provider, nominated supervisor, staff member, volunteer or family day care educator of an approved education and care service to subject a child to any form of corporal punishment. Home-to-school transitions for financially disadvantaged children: Final report. Psychological Bulletin, 128(4), 580-589. 2003. Such a defence allows a parent or person acting in loco parentis (i.e., in place of a parent, for example a teacher, carer or guardian) charged with assaulting a child in their care to argue that the assault was justified as they were using reasonable force to discipline or correct the child (Milfull & Schetzer, 2000; Saunders & Goddard, 2010). Results indicated that 13 out of the 17 outcomes measured were significantly associated with corporal punishment. Ordinary physical punishment: Is it harmful? is considered a normal and inevitable experience of childhood. Kolar, V., & Soriano, G. (2000). A recently revised and high quality meta-analysis by Gershoff and Grogan-Kaylor (2016) responded to these concerns. Thus, the “Family Court Act” (FCA) definition of neglect is much broader then defined criminal conduct under the penal law. Retrieved from . The actual execution of an inmate is quick and simple; the capital punishment system is far more complex. (Unintentional injuries occur more often when the parent is out of control or uses any object (i.e. There is a section in the Criminal Law Consolidation Act 1935 (SA) that provides for contact between persons that would generally be regarded as accepted within the community. The FCA allows for a finding of neglect when corporal punishment is excessive…. Instead, it is sufficient for a court to instruct the jury that it must impose a life sentence if, after considering "all the evidence," the jury does not believe that capital punishment is justified. It was banned in non-government schools in 2006 following the enactment of the Education and Training Reform Act 2006 (Vic.). Bourke, J. P. (1981). Westport, Conn.: Praeger. Corporal punishment has been used widely in schools for thousands of years for legal and religious reasons and has spawned old proverbs such as “spare the rod and spoil the child,” which is a paraphrase of the biblical verse, “He who spares the rod hates his son, but he who loves him is careful to discipline him.” 2d 306 (1989), the Court found that there was no national consensus prohibiting the execution of juvenile offenders over age 15. Current evidence suggests that, when compared to other forms of discipline, there is no clear benefit or positive outcome for using corporal punishment (Ferguson, 2013). The ACT has no legislation concerning the use of corporal punishment by parents. Like the death penalty, a life sentence permanently removes the convict from the community against which he or she committed crimes. Corporal punishment and physical abuse are both affiliated with similar, negative child outcomes. This prohibition is also contained within the National Quality Standards (ACECQA, 2013b). 2d 982 (2002). There is no capital punishment in Alaska, Hawaii, Iowa, Kansas, Massachusetts, Maine, Minnesota, Michigan, North Dakota, Rhode Island, Vermont, West Virginia and the District of Columbia. We acknowledge all traditional custodians, their Elders past, present and emerging and we pay our respects to their continuing connection to their culture, community, land, sea and rivers. In 2007, New Zealand became the first English speaking country to ban corporal punishment in all settings (GIEACPC, 2017). UNICEF. St. Paul, Minn.: Thomson/West. By definition, children corporal punishment refers to a punishment that causes a child physical pain, whether it is in a home or in a school setting. West Sussex, UK: Wiley-Blackwell. Death by electrocution has been challenged several times as being inconsistent with "evolving standards of decency". The controversy over the constitutionality of the death penalty lies in the Ambiguity of the phrase "cruel and unusual." Corporal punishment was banned in schools in 1997 under the Education (Amendment) Act 2004 (ACT). Corporal punishment is only prohibited in approved early education and child care settings. The punishment deserved is the punishment authorized under a fair penalty schedule; no other conception of deserved punishment can be defended; the perennial lure of an illusory independent criterion for desert, founded ultimately on intuition, as well as of utilitarian calculations, must be resisted. Definition of corporal punishment The United Nations Committee on the Rights of the Child2 has defined corporal punishment in these words: “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Even animals are protected from this type of punishment … Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty. Such appeals often cite mitigating factors that existed either before, after, or at the time the crime was committed. Bundy confessed to 28 murders in four states. All sentences of death face a mandatory review by the state supreme court, at an additional cost of at least $70,000. (2017). Retrieved from . Legal and social aspects of the physical punishment of children. Dunedin, NZ: Children’s Issues Centre, University of Otago and the Office of the Children’s Commissioner. Years ago, it was acceptable for a husband in the United States to beat his wife in order to get her to do what he wanted or to punish her. Hobart: Tasmanian Law Reform Institute. There is an association between the use of spanking and the risk of physical abuse. Justice harry a. blackmun, who joined Burger in his dissent, later renounced his belief in the death penalty for reasons that another justice saw as partly personal. The Child Care Centres Regulation 1998 (s 39) states that: Behaviour management techniques used should not include physical, verbal or emotional punishment, including, for example, punishment that humiliates, frightens or threatens the child. Raising Children Network. In LSAC, higher parental warmth was shown to reduce the risk of conduct problems, peer problems and low prosocial behaviour in children 4–5 years of age (Smart et al., 2008). Psychological Bulletin, 128(4), 602-611. Under the Criminal Code Act 1913 (WA) it remains lawful for parents to physically discipline their children. Cashmore, J., & de Haas, N. (1995). (2004). The term is derived from the name of Charles Lynch (1736–96), who led an irregular court formed to punish loyalists during the … corporal or humiliating punishment definition. As of 2003, 38 states employed capital punishment as a sentence; 12 states—Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin—and the District of Columbia did not. (2006). 2d 335 (U.S. 2002). Gershoff and Grogan-Kaylor suggested that future research will be needed to substantiate this. Education and Care Services National Law (WA) Act 2012, Child Care Services (Child Care) Regulations 2006 (s 85). The alternative sentence, life imprisonment without Parole, achieves the same result as capital punishment, they argue. Parenting Research Centre’s Raising Children Network, Children’s Services (Child Care Centres) Regulations 1998 (s 39), Children and Young Persons (Care and Protection) Regulation 2012 (s 41), Family and Community Services Regulations 2009, Corporal Punishment of Children - Bibliographies, Helplines, telephone and online counselling services for children, young people and adults, Effects of child abuse and neglect for children and adolescents. Children are less likely to test boundaries or push limits that are firmly set and when they know the consequences of poor behaviour (Spock & Needlmen, 2009). During the period of the Revolutionary War, capital punishment apparently was widely accepted—162 documented executions took place in the eighteenth century. (2016). Bedau, Hugo Adam, and Paul G. Cassell, eds. Immediately following the execution of Bundy, Chief Justice william h. rehnquist called for changes in the procedure for appealing death sentences. The study found that beliefs about child-rearing practices and physical punishment varied between the three groups and stressed the importance of cultural sensitivity and understanding when working with culturally and linguistically diverse families. In some jurisdictions, a parent’s right to use corporal punishment is provided for in legislation (e.g., New South Wales), while in others it is provided for by the common law, or “judge-made law” (e.g., Victoria; see Table 1). definition. A meta-analysis of the published research on the affective, cognitive, and behavioral effects of corporal punishment. Cambridge, Mass. Death Penalty in a Nutshell. In a 1995 interview, President bill clinton, a staunch supporter of capital punishment, called the appeals process ridiculous and in need of reform. Australia’s response to the list of issues—Convention on the Rights of the Child. 2d 1122 (2000). Retrieved from . The Criminal Code Act section 257 states that it is lawful to use “such force as is reasonable under the circumstances”. In the Education and Care Services (National Uniform Legislation) Act 2011 not all education settings are prohibited from using corporal punishment. The Children’s Services Act 1996 also refers to the prohibited use of corporal punishment in child services and family day care settings. Buchanan v. Angelone, 522 U.S. 269, 118 S. Ct. 757, 139 L. Ed. Australian Children’s Education & Care Quality Authority. For example, in Penry v. Lynaugh, 492 U.S. 302, 109 S. Ct. 2934, 106 L. Ed. Buffalo, N.Y.: W.S. 2d 702 (1998). Texas, Florida, Louisiana, Georgia, Virginia, Alabama and Arkansas have held the most executions in recent years. An important component in all disciplinary strategies is to maintain parental consistency. The Crimes Amendment (Child Protection-Physical Mistreatment) Act 2001 (NSW) prompted debate concerning the degree (if any) of physical force appropriate to use when disciplining children and, more generally, the status of children’s rights in Australia (Milfull & Schetzer, 2000). The Modern Death Penalty: A Legal Research Guide. Previous versions were authored by Veronica Meredith, Prue Holzer and Alister Lamont. It outlines recent research literature (from 2000 to 2016) and discusses the use and effects of corporal punishment on children. Corporal punishment no longer exists in the legal systems of most developed nations of the world. During the penalty phase, the jury rejected the prosecution's arguments for capital punishment, instead sentencing Jones to life in prison. Other controversial aspects of capital punishment disturb the public. Gershoff, E. (2002b), Corporal Punishment, Physical Abuse, and the Burden of Proof: Reply to Baumrind, Larzelere, and Cowan (2002), Holden (2002), and Parke (2002). Global Initiative to End All Corporal Punishment of Children. In fact, religious leaders from around the world, including Pope John Paul II, made personal appeals to have Tucker's sentence commuted to life in prison. Research suggests that worldwide approximately six in ten children aged between 2 and 14 years are subjected to corporal punishment by a caregiver (UNICEF, 2014). Retrieved from . Appeals of a death sentence guarantee great expense to the taxpayer, as the state pays both to defend and to prosecute death row inmates. Noting that the Supreme Court had turned down three emergency appeals by Bundy in the hours just prior to his execution, the chief justice said, "Surely it would be a bold person to say that this system could not be improved.". 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The public discipline their children by a parent or carer is lawful to use force “ discipline. And how it differs to adult Family violence myth: the impact of language tradition. S Department was denied, Justices John Paul Stevens and stephen breyer admitted that the concern was not without.... And minuscule danger of such impairment the American corporal punishment definition legal occurred in Jamestown Colony in 1608 aimed to determine the! Global report 2012 ( PDF 22.7 KB ) of adolescent violence in the home: how is it different adult. Horse with the reins or external injuries parent–child relationships is linked with more positive outcomes for children ( Smart al.! More than ten years abolitionists believe that the concern was not without warrant, 2016.. Or metal devices with foot holes used as punishment until the beginning of the results ( Ferguson, 2013.. Techniques that can be confusing for children ( GIEACPC, 2016 ) can not be repaired and be! Differences, with boys more likely to experience corporal punishment was banned in government schools under Education!, 514 U.S. 1045, 115 S. Ct. 2242, 153 L. Ed about corporal towards. Smith Family and Australian Institute of Family studies acknowledges the traditional country throughout Australia on which gather! M. M., Taylor, n. J., Edwards, B., Gollop, M. M. Taylor.
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