The reckless actor has not chosen to bring about the killing in the way the intentional actor has. Gainesville, Florida, United States Education Kansas State University . Our Constitution demands that the sentencing decision itself, and not merely the procedures that produce it, respond to the reasonable goals of punishment. He eluded law enforcement for days. G. Fletcher, Rethinking Criminal Law 254 (1978) (footnote omitted; emphasis added). Because our precedents and our Constitution compel a different answer than the one the Court reaches today, I dissent. They did not plan the breakout or escape; rather their father, after thinking about it himself for a year, mentioned the idea to Raymond for the first time one week before the breakout, and discussed with his sons the possibility of having them participate only the day before the breakout. As for the fifth case, People v. Davis, 95 Ill.2d 1, 52-53, 69 Ill.Dec. Like Raymond, he intentionally brought the guns into the prison to arm the murderers. As Ricky and Raymond Tison were at the Mazda they heard the gunshots. . INTERACTIVE RADAR: Tracking winter storm in Arizona. Moreover, a number of state courts have interpreted Enmund to permit the imposition of the death penalty in such aggravated felony murders. The Arizona Supreme Court did not attempt to argue that the facts of this case supported an inference of "intent" in the traditional sense. The case went cold, and no suspect was arrested. A second problem with the Court's examples is that they illustrate wanton, but nevertheless intentional, killings, rather than unintentional killings. Petitioner did nothing to interfere. Id., at 801, 102 S.Ct., at 3378. Neither change would have diminished Ricky Tison's or Raymond Tison's legal accountability for the deaths that occurred. Since Enmund's own participation in the felony murder was so attenuated and since there was no proof that Enmund had any culpable mental state, Enmund v. Florida, supra, 458 U.S., at 790-791, 102 S.Ct., at 3373-74, the death penalty was excessive retribution for his crimes. . Information available through ArrestFacts.com is provided for informational purposes only. The lower court merely stated that petitioners did not "disassociate" themselves from their father and Greenawalt after the shooting. . 458 U.S., at 794, 102 S.Ct., at 3375. Such punishment might also be defended on the utilitarian ground that it was necessary to satisfy the community's thirst for retribution and thereby keep the peace. Ricky Wayne TISON and Raymond Curtis Tison, Petitionersv.ARIZONA. Packer, Making the Punishment Fit the Crime, 77 Harv.L.Rev. . . distinguishing at least for purpose of the imposition of the death penalty between the culpability of those who acted with and those who acted without a purpose to destroy life. NAACP Legal Defense and Educational Fund, Death Row U.S.A. 1 (Aug. 1986). 2C:11-3a(a), (c) (West Supp.1986) (felony murder not capital); N.M.Stat.Ann. RICKY and Ramond Tison v. ARIZONA Decided April 21, 1987 Justice O'Connor, For the Court Summary: Tison v. Arizona, 481 U.S. 137 (1987), is a United States Supreme Court case in which the Court qualified the rule it set forth in Enmund v. Florida (1982). After surveying the States' felony-murder statutes, the Enmund Court next examined the behavior of juries in cases like Enmund's in its attempt to assess American attitudes toward capital punishment in felony-murder cases. 1328, 79 L.Ed.2d 723 (1984); Deputy v. State, 500 A.2d 581, 599-600 (Del.1985) (defendant present at scene; robbed victims; conflicting evidence as to participation in killing), cert. It found that though Ricky Tison had not said that he would have been willing to kill, he "could anticipate the use of lethal force during this attempt to flee confinement." Explains that the lyons were murdered after the tisons getaway car had blown a tire and they stole the lyons car to continue their flight. 2502(a), (b), (d), 1102 (1982) (death penalty reserved for those who commit an intentional killing); Vt. Stat. ricky and raymond tison 2020. por | Abr 24, 2022 | exempel p evolution djur | tndspole utombordare | Abr 24, 2022 | exempel p evolution djur | tndspole utombordare It will always be there." "In the present case the evidence does not show that petitioner killed or attempted to kill. It held that the Tisons "did not specifically intend that the Lyons and Theresa Tyson die, that they did not plot in advance that these homicides would take place, [and] that they did not actually pull the triggers on the guns which inflicted the fatal wounds. . ". William J. Schafer, III, Phoenix, Ariz., for respondent. He assisted in the abduction by flagging down the victims as they drove by, while the other members of the gang remained hidden and armed. 2. Ibid. They cannot serve, however, as independent grounds for imposing the death penalty. "American criminal law has long considered a defendant's intentionand therefore his moral guiltto be critical to the 'degree of [his] criminal culpability.' On appeal, their sentences were reduced to life in prison. 1182, 89 L.Ed.2d 299 (1986).2. . Gary was serving life in prison for murdering a guard during a previous escape attempt. State v. Tison, 129 Ariz. 526, 545, 633 P.2d 335, 354 (1981). Rick and Raymond and Greenawalt were captured. App. (function(d){var js, id="pikto-embed-js", ref=d.getElementsByTagName("script")[0];if (d.getElementById(id)) { return;}js=d.createElement("script"); js.id=id; js.async=true;js.src="https://magic.piktochart.com/assets/embedding/embed.js";ref.parentNode.insertBefore(js, ref);}(document)); Give Light and the People Will Find Their Own Way, n July 30 they changed their attitude when. He sought help for a breakout, and his three sons arrived to help him and fellow prisoner Randy Greenawalt flee. Id., at 21, 75. Many who intend to, and do, kill are not criminally liable at allthose who act in self-defense or with other justification or excuse. App. Ricky and Raymond Tison were individually tried and convicted in the Arizona Superior Court, Yuma County, on four counts of first degree murder, three counts of kidnapping, two counts of armed rob- bery and one count of motor vehicle theft.20 The trial judge's jury 3001, 77 L.Ed.2d 637 (1983); Enmund v. Florida, 458 U.S. 782, 102 S.Ct. Ricky Wayne TISON, Appellant. Marine Sgt. Because the proportionality inquiry in this case overlooked evidence and considerations essential to such an inquiry, it is not surprising that the result appears incongruous. Against this background, the Court undertook its own proportionality analysis. The court based its finding of aggravating circumstances in part "on the senselessness of the murders," and stated that: "It was not essential to the defendants' continuing evasion of arrest that these persons were murdered. 543 (1923). denied, 469 U.S. 1098, 105 S.Ct. Ariz.Rev.Stat.Ann. Either party in each case may offer such additional evidence bearing on Enmund/Tison issues as they wish, to be received and considered according . 99-19-101(7) (Supp.1986); Nev.Rev.Stat. ." (Raymond) Tison, 129 Ariz. 546, 633 P.2d 355 (1981). 13-452 (1956) (repealed 1978), and that each participant in the kidnaping or robbery is legally responsible for the acts of his accomplices. . Petitioners argue strenuously that they did not "intend to kill" as that concept has been generally understood in the common law. McGautha v. California, 402 U.S. 183, 204, 91 S.Ct. One reason the Court offers for its conclusion that death is proportionate punishment for persons falling within its new category is that limiting the death penalty to those who intend to kill "is a highly unsatisfactory means of definitively distinguishing the most culpable and dangerous of murderers." Two more jurisdictions required a finding that the defendant's participation in the felony was not "relatively minor" before authorizing a capital sentence. 2903.01(B)-(D), 2929.02(A), 2929.04(A)(7) (1982); Ore.Rev.Stat. Ricky and Raymond Tison initially were sentenced to death. Instead, the court found that each petitioner "could [have] anticipate[d] the use of lethal force during this attempt to flee confinement." 9 Raymond and Donald drove the Lincoln down a dirt road off the highway and then down a gas line service road farther into the desert; Gary Tison, Ricky Tison, and Randy Greenawalt followed in the Lyons' Mazda. Explains that ricky and raymond tison's death sentence violated their 8th amendment rights. To illustrate that intention cannot be dispositive, the Court offers as examples "the person who tortures another not caring whether the victim lives or dies, or the robber who shoots someone in the course of the robbery, utterly indifferent to the fact that the desire to rob may have the unintended consequence of killing the victim as well as taking the victim's property." Ricky Wayne TISON and Raymond Curtis Tison, Petitioners v. ARIZONA. Id., at 282-283. Ricky and Raymond Tison, brothers, conspired with several other family members to help their father, Gary, escape from prison. The Tison sons remain in prison; Greenawalt was executed in 1997. Id., at 789, 102 S.Ct., at 3372. imposes a categorical rule: a person who has not in fact killed, attempted to kill, or intended that a killing take place or that lethal force be used may not be sentenced to death." Enmund v. Florida, 458 U.S., at 786, 102 S.Ct., at 3371. Furman v. Georgia, 408 U.S. 238, 308, 92 S.Ct. Like Enmund, the Tisons have been sentenced to death for the intentional acts of others which the Tisons did not expect, which were not essential to the felony, and over which they had no control. 1328, 79 L.Ed.2d 723 (1984); Deputy v. State, 500 A.2d 581, 599 (Del.1985) ("Deputy was not solely a participant in the underlying felony, but was instead present during, and involved in, the actual murders"), cert. This Court denied the Tisons' petition for certiorari. They searched for days with temperatures nearing 120 degrees. For example, the Model Penal Code treats reckless killing, 'manifesting extreme indifference to the value of human life,' as equivalent to purposeful and knowing killing"). Justice WHITE stressed the importance of this distinction in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. The report of the psychologist, who examined both sons, also suggests that they may not have appreciated the consequences of their participation: "These most unfortunate youngsters were born into an extremely pathological family and were exposed to one of the premier sociopaths of recent Arizona history. They were convicted of. He was 76. That difference was also related to the second purpose of capital punishment, retribution. Furthermore, the court found as an aggravating factor against petitioners the "heinous, cruel and depraved manner" in which Gary Tison and Randy Greenawalt carried out the murders. But the California Supreme Court only did so in light of perceived federal constitutional limitations stemming from our then recent decision in Edmund. Each of the petitioners was convicted of the four murders under these accomplice liability and felony-murder statutes.1. That court did not say whether petitioners did anything to help the victims following the shooting, nor did it make any findings that would lead one to believe that something could have been done to assist them. App. Ante, at 145 (citation omitted). [1] App. [142 Ariz. 447] . As they ran the second roadblock, police fired killing Donny Tison and forcingthe van off the road. The fact that the Arizona Supreme Court purported to find "intent to kill" before affirming death sentences after Enmund provides no support for the proposition that it ordinarily has considered major participation in a violent felony resulting in death combined with a reckless indifference towards human life insufficient to support a capital sentence. Given the question it had chosen to address, evidence regarding petitioners' actual mental states with regard to the shooting was superfluous. Like the Enmund Court, we find the state legislatures' judgment as to proportionality in these circumstances relevant to this constitutional inquiry.4 The largest number of States still fall into the two intermediate categories discussed in Enmund. * * * * *. 458 U.S., at 796, 102 S.Ct., at 3376.16 Of the 64 persons on death row in Arizona, all of those who have raised and lost an Enmund challenge in the Arizona Supreme Court have been found either to have killed or to have specifically intended to kill.17 Thus, like Enmund, the Tisons' sentence appears to be an aberration within Arizona itself as well as nationally and internationally. . In 1992 their death sentences were overturned by the Arizona Supreme Court. The importance of distinguishing between these different choices is rooted in our belief in the "freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil." Raymond and Ricky Tison v State of Arizona 1987 (convictions and sentences affirmed) Finally, in Arizona, the Murderer of Theresa Tyson May Die. Neither stated that they anticipated that the shootings would occur, or that they could have done anything to prevent them or to help the victims afterward.6 Both, however, expressed feelings of surprise, helplessness, and regret. Thus the Court's findings about petitioners' mental states regarding the murders are based solely on inferences from petitioners' participation in the underlying felonies. . Raymond recalled being at the Mazda filling the water jug "when we started hearing the shots." Arizona has recodified and broadened its felony-murder statute to include killings occurring during the course of a variety of sex and narcotics offenses and escape. The persistence of doctrines (such as felony murder) that allow excessive discretion in apportioning criminal culpability and of decisions (such as today's) that do not even attempt "precisely [to] delineate the particular types of conduct and states of mind warranting imposition of the death penalty," ante, at 158, demonstrates that this Court has still not articulated rules that will ensure that capital sentencing decisions conform to the substantive principles of the Eighth Amendment. In reaching this conclusion, the Court relied upon the fact that killing only rarely occurred during the course of robberies, and such killing as did occur even more rarely resulted in death sentences if the evidence did not support an inference that the defendant intended to kill. Gary Tison, who vowed never to be taken alive, escaped. As explained in the Commentaries on the Model Penal Code: "At common law all felonies were punishable by death. John and Alice Steal Some Tires Only To Be Arrested and Charged with First-Degree Murder Petitioner, actively participated in the events leading to death by, inter alia, providing the murder weapons and helping abduct the victims. The deaths would not have occurred but for their assistance. No. Tison was under a mesquite tree, about a mile and half from the where the van crashed. Petitioner then watched Gary Tison and Greenawalt fire in the direction of the victims. to us," ante, at 151, is improper.5 By limiting itself to the facts the lower court found relevant to the foreseeability standard, this Court insulates itself from other evidence in the record directly relevant to the new standard articulated today. Ariz.Rev.Stat.Ann. They were re-sentenced to life in prison, where they remain today. H. Hart, Punishment and Responsibility 76 (1968). (emphasis added). First, the court defined intent broadly, adopting a definition that equates "intent to kill" with the foreseeability of harm: "Intend [sic] to kill includes the situation in which the defendant intended, contemplated, or anticipated that lethal force would or might be used or that life would or might be taken in accomplishing the underlying felony." The Court acknowledged, however, that "[i]t would be very different if the likelihood of a killing in the course of a robbery were so substantial that one should share the blame for the killing if he somehow participated in the felony." In 1978, Tison and Greenawaltwere awarded for their good behavior, and transferred into the trustee unit. The search for the Tison gang was the largest manhunt in Arizona history. in accomplishing the underlying felony." Although the Court suggests otherwise, ante, at 155 156, n. 11, in none of these cases does the Arizona Supreme Court's finding of intent appear to rest, as it did here, on a finding that a killing was merely foreseeable. See Fletcher, Rethinking Criminal Law, at 415 ("Judges in traffic courts are readily tempted by the philosophy that regardless of whether the particular suspect has committed the violation, a punitive fine will make him drive more carefully in the future"). A chemical worker named Ray Thomas was throwing out trash and smelled a foul odor when he found Gary Tison, dead of exposure. Thus, the Court in Enmund examined the relevant statistics on the imposition of the death penalty for accomplices in a felony murder. * Gary Tison was sentenced to life imprisonment as the result of a prison escape during the course of which he had killed a guard. Thus, although some of the "most culpable and dangerous of murderers" may be those who killed without specifically intending to kill, it is considerably more difficult to apply that rubric convincingly to those who not only did not intend to kill, but who also have not killed.9. Armed robbery is a serious offense, but one for which the penalty of death is plainly excessive; the imposition of the death penalty for robbery, therefore, violates the Eighth and Fourteenth Amendments' proscription " 'against all punishments which by their excessive length or severity are greatly disproportioned to the offenses charged.' Held: Although petitioners neither intended to kill the victims nor inflicted the fatal wounds, the record might support a finding that they had the culpable mental state of reckless indifference to human life. And when this [killing of the kidnap victims] came about we were not expecting it. The Court must also establish that death is a proportionate punishment for individuals in this category. Brief for Petitioners 11-12, n. 16. The 'cruel and unusual' language limits the avenues through which vengeance can be channeled. The accomplice liability provisions of Arizona law have been modernized and recodified also. This was impermissible under the Eighth Amendment." What makes this a difficult case is the challenge of giving substantive content to the concept of criminal culpability. The Court does not attempt to conduct a proportionality review of the kind performed in past cases raising a proportionality question, e.g., Solem v. Helm, 463 U.S. 277, 103 S.Ct. Although statistics on the average sentences given for nontriggermen in felony murders were not presented to the Court, it is possible that such statistics would reveal a wide range of results. . On this ground alone, I would dissent. 834, 88 L.Ed.2d 805 (1986); State v. Bishop, 144 Ariz. 521, 698 P.2d 1240 (1985) (defendant planned and intended to kill, assaulted victim, and abandoned victim in mine shaft); State v. Poland, 144 Ariz. 388, 698 P.2d 183 (1985) (defendants killed victims), aff'd, 476 U.S. 147, 106 S.Ct. 19.02(a), 19.03(a)(2) (1974 and Supp. According to the Court, ante, at 154156, n. 10, 11 States would not authorize the death penalty in the circumstances presented here. Moore v. Dempsey, 261 U.S. 86, 87, 43 S.Ct. BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined, and in Parts I, II, III, and IV-A of which BLACKMUN and STEVENS, JJ., joined, post, p. 159. 1759, 64 L.Ed.2d 398 (1980). I therefore stress that nothing in the Court's opinion abrogates the State's responsibility independently and fairly to consider all the relevant evidence before applying the Court's new standard. Instead, he chose to assist the killers in their continuing criminal endeavors, ending in a gun battle with the police in the final showdown. Furman v. Georgia, 408 U.S. 238, 345, 92 S.Ct. Traditionally, "one intends certain consequences when he desires that his acts cause those consequences or knows that those consequences are substantially certain to result from his acts." . Raymond Tison says that he could see that his father was going through turmoil, although that may not be his word. 2861, 53 L.Ed.2d 982 (1977). Ricky and Raymond Tison initially were sentenced to death. Rather, he found that the "participation of each [petitioner] in the crimes giving rise to the application of the felony murder rule in this case was very substantial." They both were sentenced to life in 1992. 3368, 73 L.Ed.2d 1140] (1982), wherein words of the Arizona Supreme Courtpetitioners 'did not specifically intend that the [victims] die, . Enmund v. State, 399 So.2d 1362, 1369 (1981). The victims could easily have been restrained sufficiently to permit the defendants to travel a long distance before the robberies, the kidnappings, and the theft were reported." Caption:Tisonv.Arizona(U.S.1987) Facts . To do less is simply to socialize vigilantism. Who did Ruben Cantu murder? This Court granted certiorari on the following question: "Is the December 4, 1984 decision of the Arizona Supreme Court to execute petitioners in conflict with the holding of Enmund v. Florida, 458 U.S. 782 [102 S.Ct. .' Enmund was the driver of the "getaway" car in an armed robbery of a dwelling. denied, 464 U.S. 986, 104 S.Ct. He assisted in escorting the victims to the murder site. denied, 465 U.S. 1051, 104 S.Ct. 265, 684 P.2d 826 (1984) (death penalty for felony murder may not be imposed without finding of specific intent to kill), cert. Their decision to provide arms for and participate in a prison breakout and escape may support the lower court's finding that they should have anticipated that lethal force might be used during the breakout and subsequent flight, but it does not support the Court's conclusions about petitioners' mental states concerning the shootings that actually occurred. He performed the crucial role of flagging down a passing car occupied by an innocent family whose fate was then entrusted to the known killers he had previously armed. "Give us some water just leave us here and you all go home". View Homework Help - Crim 165 (Cole) Death Penalty Tison v. Arizona homework from CRIM 165 at University of California, Irvine. 399 So.2d [1362], at 1370 [Fla.1981]." denied, 465 U.S. 1051, 104 S.Ct. In four of the five cases cited as evidence of an "apparent consensus" that intent to kill is not a prerequisite for imposing the death penalty, the court did not specifically find an absence of any act or intent to kill. He did not elude the August desert he died of exposure. Indeed it is for this very reason that the common law and modern criminal codes alike have classified behavior such as occurred in this case along with intentional murders. Raymond did so, and, while the others guarded the Lyons and Theresa Tyson, Gary fired his shotgun into the radiator, presumably to completely disable the vehicle. 20-21, 39-41, 74-75, 109. 2978, 2991, 49 L.Ed.2d 944 (1976). 13-454(F)(3) (Supp.1973) (repealed 1978). 233-234. 79, 672 P.2d 862 (1983). At the other end of the spectrum, eight States required a finding of intent to kill before death could be imposed in a felony-murder case and one State required actual participation in the killing. Indeed, the possibility of bloodshed is inherent in the commission of any violent felony and this possibility is generally foreseeable and foreseen; it is one principal reason that felons arm themselves. The two remaining Tison sons remain in the Arizona State prison at Florence. Nouvelle rgle 2020 Carte de France 2020. The Court found the fact that only 3 of 739 death row inmates had been sentenced to death absent an intent to kill, physical presence, or direct participation in the fatal assault persuasive evidence that American juries considered the death sentence disproportional to felony murder simpliciter. The couple's niece survived long enough to crawl a quarter mile before succumbing to her injuries. Finally, the fact that the Court reaches a different conclusion is illustrative of the profound problems that continue to plague capital sentencing. Evidence that a penalty is imposed only infrequently suggests not only that jurisdictions are reluctant to apply it but also that, when it is applied, its imposition is arbitrary and therefore unconstitutional. Thus, in Enmund the Court established that a finding of an intent to kill was a constitutional prerequisite for the imposition of the death penalty on an accomplice who did not kill. State v. Emery, 141 Ariz. 549, 554, 688 P.2d 175, 180 (1984). 283. This statement of Raymond's is illustrative: "Well, I just think you should know when we first came into this we had an agreement with my dad that nobody would get hurt because we [the brothers] wanted no one hurt. Cf. Otherwise, the court noted, Ricky Tison's participation was substantially the same as Raymond's. Indeed, the trial court recognized the disjunction between the felonies and the murders when it found that Gary Tison's and Greenawalt's decision to murder the family was senseless and unnecessary to the escape. Supreme Court of Arizona, In Banc. He robbed these people at their direction and then guarded the victims at gunpoint while they considered what next to do. One such principle is that the States may not impose punishment that is disproportionate to the severity of the offense or to the individual's own conduct and culpability. In Tison, Ricky and Raymond Tison helped plan and carry out the escape of two convicted murderers from prisonone of whom, Gary Tison, was serving a life sentence for killing a guard in the course of a previous escape. John and Alice Break Into a Liquor Warehouse at Night and are Accused of First-Degree Murder III. In addition, the Court's statement that Raymond did not act to assist the victims "after" the shooting, and its statement that Ricky "watched the killing after which he chose to aid those whom he had placed in the position to kill rather than their victims," ante, at 152, takes license with the facts found by the Arizona Supreme Court. The tower guards assumed they were all departing visitors. Deeply ingrained in our legal tradition is the idea that the more purposeful is the criminal conduct, the more serious is the offense, and, therefore, the more severely it ought to be punished. Tison was sent to Florence prison on a life sentence. Rev. 2954, 57 L.Ed.2d 973 (1978), the plurality opinion made clear that the defendant's mental state was critical to weighing a defendant's culpability under a system of guided discretion, vacating a death sentence imposed under an Ohio statute that did not permit the sentencing authority to take into account "[t]he absence of direct proof that the defendant intended to cause the death of the victim." Like Enmund, the Tisons neither killed nor attempted or intended to kill anyone. They argued that Enmund prevented the State from imposing the death sentence because they, like Enmund, were accomplices to a felony in which killings occurred that they neither committed nor intended to commit. PARA. See this Court's Rule 21.1(a). Tison v. Arizona, 481 U.S. 137 (1987), is a United States Supreme Court case in which the Court qualified the rule it set forth in Enmund v. Florida (1982). They carried a supply of guns into the prison and then escaped. For example, while the Court has found that petitioners made no effort prior to the shooting to assist the victims, the uncontradicted statements of both petitioners are that just prior to the shootings they were attempting to find a jug of water to give to the family. . Tison v. Arizona Facts Gary Tison was an inmate serving a sentence of life imprisonment for killing a guard during an attempted. Ricky claimed to have a somewhat better view than Raymond did of the actual killing. "The use of lethal force that petitioner contemplated indeed occurred when the gang abducted the people who stopped on the highway to render aid. 15A-2000(f)(4) (1983). The Court concluded that "[p]utting Enmund to death to avenge two killings that he did not commit and had no intention of committing or causing does not measurably contribute to the retributive end of ensuring that the criminal gets his just deserts." 288 (1952). post, at ----. . The prosecutor argued to the jury that it did not matter that Gary Tison and Randy Greenawalt had caused the killings, because under the felony-murder rule the Tisons could nonetheless be found legally responsible for those killings. The Court has since reiterated that "Enmund . Enmund's lack of intent to commit the murder rather than the lack of evidence as to his mental statewas the decisive factor in the Court's decision that the death penalty served neither of the two purposes. Nevertheless, the judge sentenced both petitioners to death. Since Enmund was decided, the Netherlands and Australia have abolished the death penalty for all offenses, and Cyprus, El Salvador, and Argentina have abolished it for all crimes except those committed in wartime or in violation of military law. There was a family obsession, the boys were 'trained' to think of their father as an innocent person being victimized in the state prison but both youngsters have made perfectly clear that they were functioning of their own volition.
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