See Jill Lepore, The Rise of the Victims-Rights Movement, New Yorker (May 14, 2018), https://www.newyorker.com/magazine/2018/05/21/the-rise-of-the-victims-rights-movement [https://perma.cc/M352-DK9G] (explaining that, [i]n a national conversation about criminal justice reform, the Reagan-to-Clinton-era guidelines for federal sentencing have been questioned, but the gains of the victims rights movement are generally taken for granted). S. 2123 (114th): Sentencing Reform and Corrections Act of 2015, supra note 195. [130] Kevin Reitz, the projects principal drafter since its beginnings, said the reports central purpose is to offer workable solutions to problems of mass punitiveness that have grown since the 1970s.[131] In explaining mass punitiveness, Reitz commented: While [the U.S. is] the undisputed leader in incarceration rates worldwide, we suffer from much more than mass incarceration. It would be more accurate to say that we have blundered into mass punishment of all kinds. [285]. Surviving your crimes and abuse has only made me stronger and my life richer. 120/6 (2020). [162]. Abhishek Gattani was arrested once before on 30 November 2013, as he was beating me punching me in the head and grabbing me from the neck, out in the open (on the street) when our mailman reported. I know how much people talk, especially within Wharton circles. [83] In 1982, President Ronald Reagan commissioned a task force on victims of crime. You put down steady roots of control long before you showed any signs of violence towards me. You might be unable to qualify for some government programs. While victims may have useful information about a defendants history or culpability, proportionality demands prohibitions on victim sentencing recommendations. In several states and trending toward more, lawyers now share their so-called monopoly over the practice of law with nonlawyer practitioners (NPs). Prof. Kevin R. Reitz Leads Massive 15-Year American Law Institute Sentencing Project, Univ. Atty 18th Jud. You are notalone. Copyright 2019 UCLA Law Review - All Rights Reserved, Off. Because ultimately, John, my advocacy really has nothing to do with you. Id. Counsel, representing the man, told the court his client denied Jane's interpretation of their relationship. Emotional standards and hierarchies in the courtroom may affect judicial reactions to victim impact statements. Give all of this information to your attorney. [150]. All three samples involve sentencings for violent crimes, including sexual abuse and domestic assault, at which the victim requested the maximum sentence. [197] The impetus for change varied across party lines with budgetary concerns, interests in personal liberty, and consideration of the moral and spiritual dimensions of mass incarceration all cited as bases for reform. Plus, the trial courts failure to fairly weigh evidence presented in aggravation and mitigation can violate due process. Finally, in Part V, I offer a proposal to strengthen opportunities for presentencing victim-offender reconciliation and to foster equal access to the victims statement processes under state victims rights laws. art. Menstruation is an experience shared bygenerations of women across theglobe. However, the testimony from the victim is often the most compelling evidence in a domestic violence case. Miller v. Alabama, 567 U.S. 460 (2012). Tenn.). For Just. Psychiatrists, psychologists, therapists, and counselors who provide screening, comprehensive assessment, and treatment for victims can serve as the catalyst that helps them address or escape the abuse. See Transcript of Record at 69, People v. Gibbs, Nos. After all, even in the image and likeness of the 1982 Task Force, victim impact statements are intended to achieve fairness. Goffman, supra note 282, at 1718. Mont. However, the testimony from the victim is often the most compelling evidence in a domestic violence case. . The final revisions reflect a necessary compromise of divergent views of victims roles in the sentencing process. Insight Prison Project, http://www.insightprisonproject.org/ [https://perma.cc/Y2BA-MVHS] (last visited Oct. 14, 2020) (noting that the victim-offender reconciliation process must recognize the enormous impact of race and class in the justice system). [189], Paynes low evidentiary threshold to admit victim impact evidence coupled with its expansive view of fairness easily accommodates reconciliation-oriented statements. Far from dignified, Betty Gibbss family members were debased in their victimhood. Evaluating this dangerousness involves identifying risk indicators that reflect the capacity to continue perpetrating severe violence. [155] The laws lack guidance as to what constitutes a reasonable view of the crime. [57]. And for a few hours, we fooled ourselves into believing we were happy and okay. [133]. My father who (inaccurately though understandably) blames himself for not being able to protect me from you is also too busy asking me on a regular basis if I am suicidal to waste a thought on you. . [138] Model Penal Code: Sentencing emerged from years of discourse and debate. However, that is the extent of the victims power over domestic violence charges. [100] Twenty-two years after the Task Forces report, its impact still resonated. "The emotional scars you left on our children are irreparable. I had to ask my new boss to block all of your email addresses and phone numbers from our companys systems (including the fake email addresses you made after I blocked your real ones and the new phone numbers you called me from after I blocked your personal ones). Servs., Effects of Parental Incarceration on Young Children, Caroline Wolf Harlow, Bureau of Just. [168]. This statement as prescribed by the Courts does not explicitly reference the many incidents that took place outside of this month. And I tell him yes. Petition for Post-Conviction Relief at 1, People v. Gibbs, Nos. Moreover, the prosecutor may have other evidence, such as medical records, photographs of injuries, police reports, and testimony from other witnesses. Although the judge will decide the defendant's sentence based primarily on the pre-sentence report and certain sentencing guidelines, the judge should consider your opinion before making a decision. [131]. Sliva & Lambert, supra note 48, at 92. Find a domestic violence advocate who can help near you. 6.14 cmt. According to the Australian Institute of Health and Welfare, one woman is killed every nine days and one man every 29 days by a partner. Servs., Effects of Parental Incarceration on Young Children 46 (2001), https://aspe.hhs.gov/ system/files/pdf/74981/parke%26stewart.pdf [https://perma.cc/U57Y-VAYP]. Minn. L. Sch. Id. Domestic violence also called intimate partner violence occurs between people in an intimate relationship. [129] The guide addressed some of the most important issues that courts, corrections systems, and policymakers are facing today, including the rights of crime victims. The indirect physical effects of domestic violence can range from recurring headaches or stomachaches to severe health problems due to withheld medical attention or medications.Many victims of abuse make frequent visits to their physicians for health problems and for domestic violence-related injuries. for Crime Victim Servs, http://www.ccvs.vermont.gov/support-for-victims/victim-assistance-program [https://perma.cc/VWH4-NMW4] (last visited July 6, 2020) (stating that the [Victim Assistance Program] serves every county in Vermont with twenty-seven States Attorneys victim advocates devoted to serving crime victims needs). To the police officers of the NYPDs 9th precinct who believed me: I dont take you for granted. [102]. experimentation with the use of victim-offender conferencing). You may read the letter out loud in court, if you wish. He is my nephew, and I love him, and I will be here for him like my sister would have wanted. Finally, victim-offender reconciliation embraces the fundamental public policy goals of victims rights laws: to empower and restore dignity to victims, to educate defendants about the human consequences of their crime, and to fully inform courts about the crimes societal harms.[58]. Id. However, that does not have anything to do with the victims desire for the charges. 725 Ill. Comp. : Middle Dist. If there is one thing you take away from this statement, John, I hope it is this: with everything I am, with everything I have ever been, and with everything I will ever be, I forgive you. [261]. Examples of emotional and behavioral effects of domestic violence . has the potential to reduce the propensity of victims to become victimizers.[247] Most critically, from their origins, victim impact statements were envisioned as a means to help victims regain autonomy and restore a sense of self.[248] Of course, victim-offender reconciliation invariably runs counter to prosecutorial aims and, perhaps, to the retributory interest of the public at large.[249] In this light, statements steeped in mercy evince the ultimate act of agency.[250]. [196] The legislation signaled a marked philosophical shift away from costly and retribution-focused crime control, chiefly among Reagan acolytes. For Just., What Caused the Crime Decline? [121]. "You physically, sexually, emotionally and financially abused me when I had nowhere to go," she said. [154]. National Crime Victim Law Institute, 2014. Id. Id. Extremely dangerous perpetrators can be safety threats to people who are involved in the victims life, individuals trying to help, or the children. A smaller percentage of younger school-age children exhibit transient school phobias and are unwilling to attend school for weeks after a parents incarceration. Agency Perspective: Hearing on Over-Criminalization Task Force of 2014 Before the Subcomm. [80] After the Courts ruling affirming Paynes conviction, Zvolanek told a reporter, [i]ts four years ago today that this happened, and were still living with it. [180] Further, in both substance and procedure, the laws remain anchored in the language of retribution. 55 0 obj <> endobj Love does not break through my locked bedroom door like you did on August 6, 2017 in NYC where Id barricaded myself out of fear of you. Inst., Tentative Draft No. [56]. _ho7++l]OW|I>NVn=q^#BwWl3OzY |DL @fE1>*;F]Hq/M.E> NA[!JpUb?B|\y+u_%5XShuS=u;fj\V| vvzQO- e alX@':)>zDwW7&\mG7l~yGG>;+m5pFIz* Jom+;= First, a victims belief that an offender should be punished to the fullest extent of the law is often untethered from the foundational purposes of sentencing and rooted only in the victims personal preference. [143], Colorado, a forerunner in restorative justice legislation, has thirty-seven statutes referencing restorative justice practicesfour times more than every state but Vermont. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Your abuse overwhelmed one of my younger siblings so completely that that person had to cut me off until I escaped you. [138]. See U.S. Attys Off. [267] Along similar lines, victim advocates must have an understanding of structural, institutional, and individual racism that pervades the criminal justice system. . If law enforcement officers believe a crime was committed, they will arrest the alleged offender, regardless of whether the victim wants to press charges. The class culminates with incarcerated people meeting with victims for a healing dialogue. For an in-depth look at the VOEG, see Victim Offender Education Group (VOEG), Insight Prison Project, http://www.insightprisonproject.org/victim-offender-education-group-voeg.html [https://perma.cc/XK93-A75B] (last visited Aug. 27, 2020). [212]. [127]. Gibbs Sentencing Transcript Two, supra note 19, at 135. [54]. [263] In addition, an understanding of families on both sides of the crime can assist an advocate to decide whether reconciliation is a viable strategy and, if so, how best to work with stakeholders to maximize its chance for success.[264]. Through specialized interventions, community services, and sanctions, some abusers can change and become nonviolent. Claim and manage your organization's information. Waking up next to you almost guaranteed that my day would start with sexual violation. Overhauling victims rights laws to include meaningful opportunities for victim-offender reconciliation is a critical component of the course correction. Your unauthorized disclosure of my assault to my assailant made me feel compelled to have a conversation with him on the phone while I sat alone in a hotel room thousands of miles from anyone I knew rather than have this very personal and painful discussion with him face to face as I had planned. Parents who are suffering from abuse may experience higher stress levels, which in turn, can influence the nature of their relationship with and responses to their children. If I were granted only one wish, I would use it to take away the pain and damage you inflicted on my loved ones. As stated above, some domestic violence cases could depend heavily on the testimony of a victim. [38]. Following his arrest, Loftis expressed remorse for his role in the attack. Id. [58]. [240]. Reshaping retributive laws governing victim impact statements is essential to comprehensive sentencing reform. Oliver Roeder, Lauren-Brooke Eisen & Julia Bowling, Brennan Ctr. Have a question about domestic violence? [259]. The changes I propose are integral to a decarceration movement emerging not solely from the wreckage of past policies but also from new attitudes about just and equitable crime control. [89] Rather, the Task Force recommended the sentencing judges consideration of all financial, social, psychological, and medical effects on the crime victim.[90] The information was intended to promote a just penalty and fair adjudication of the case for offender and victim alike. . B, Reporters Memorandum. [52] To that end, advocates and lawmakers have rightly focused on reforms to mandatory minimum sentences, so-called three strikes laws, and onerous sentencing guidelines. [255]. Our faith tells us to forgive. Demonstrate for them the power of forgiveness, derived from forgiving yourself and accepting the forgiveness of those you have wronged. Atty, https://www.da5.us/wp-content/uploads/2011/02/Victim_Impact_Statement.pdf [https://perma.cc/3HVX-CZNA] (last visited Oct. 14 2020). [3] Though still a child, he was tried as an adult by the Union County States Attorney. Imagine if Id done it, though. Not paper-thin, lying-to-its-own-self-John-social-media happiness. Dist. We'll never spam you or sell your information. [181] The sections circumspect tone, however diplomatic, is not evidence that victim-offender reconciliation is novel, untested, or legally tenuousthe presentencing equivalent of an investigational drug. Those were the final words that Jane* delivered to her tormentor in the South Australian District Court in a powerful statement about survival in the face of horrific domestic violence. Normal, even. Because Id proven myself, despite you. [50] Presently, though, we are in the midst of a reckoning with the failed law enforcement strategies of the past four decades. The Virginia victim-offender reconciliation statute, Va. Code Ann. [238]. [119] First, the updated section replaced Restorative Justice Practices with Victim-Offender Conferencing.[120] The change sought to distill the many meanings of restorative justice into one of the most common restorative justice practices employed in criminal proceedings. I am stronger than you will ever know and you can never take that from me.". Even though domestic violence is a worldwide epidemicmillions of individuals have or are experiencing abuse from an intimate partnerthere are still cultural stigmas and misnomers that stand in the way of survivors being heard, believed or helped. You, on the other hand, will have to answer to your maker. 0 See Umbreit et al., supra note 55, at 269; see also Sliva & Lambert, supra note 48, at 79 (listing face-to-face victim-offender dialogues as a common restorative justice practice). On DomesticShelters.org, you will find free domestic violence resources such as: The Bright Sky US website is still open on your browser in a separate tab, so you can return to the Bright Sky US website anytime. . James Austin, Lauren-Brooke Eisen, James Cullen & Jonathan Frank, Brennan Ctr. As far as Im concerned, anything you suffer from my advocacy is collateral damage. And in a way, as the years go by, it just gets harder to deal with.[81], The advent of victim impact statements predates Payne by over a decade. You are my heroes. Is it because we have different values, experiences or opportunities?). On November 15, 2019, Mark Gibbs[1] appeared in a Jonesboro, Illinois courthouse to face sentencing for the murders of his parents, Richie and Betty. Further, victim-offender reconciliation is consistent with judicial precedent and recent legislative trends as to the purpose and admissibility of victim impact statements. [242]. 1, 2019), https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-committed-building-successes-first-step-act [https:// perma.cc/QJ7K-2TW6]. And all I want is for you to never hurt another person (though I fear its too late). [9]. [141]. 2DAJf[5H8H Sure, victim blaming and gossip sting. [243]. Gibbs Sentencing Transcript One, supra note 2, at 2, 115, 13637. Id. Throughout the entire ordeal he questioned my beliefs and spouted . Id. 44-7-301 (2019). A victim impact statement is a written or oral statement presented to the court at the defendant's sentencing. You may also call the Attorney General's Office at (800) 226-6667 or (850) 414-3300 or review the Crimes Compensation Brochure for more information. It is estimated that as many as one in four Australian women more than 2.1 million in total have experienced at least one incident of violence from an intimate partner since the age of 15. [187]. As much as I wish I could guarantee your redemption and that you will never hurt another woman again, Ive accepted that these are not things in my control. Model Penal Code: Sentg 6.14(a) reporters note (Am. Tenn. May 14, 2007) [hereinafter Loftis Transcript of Proceedings]. [204] On December 17, 2018, the FIRST STEP Act received overwhelming approval from the Senate. . The impact of domestic violence on victims can result in acute and chronic mental health problems. Welcome, this is your discreet connection tohelp. Probation and pretrial services officers, the ones who collect data about individuals convicted of crimes, are court-employed. [85]. [183] Chief Justice Rehnquist opined that just as the defendants background and character is generally relevant at sentencing so, too, is evidence about the victim and about the impact of the murder on the victims family.[184] Invoking Justice Cardozo, Rehnquist concluded that the concept of fairness must not be strained till it is narrowed to a filament. 251, 26971 (2005). [168] A victim has the right to request mediation, but the Texas Department of Criminal Justice has no affirmative obligation to inform victims of the program or outline its contours. Markus Dubber, Victims in the War on Crime: The Use and Abuse of Victims Rights 338 (2006). It compelled another friends mom to speak publicly about domestic violence, a topic shes rarely even discussed with my friend directly, who as a child endured abuse and domestic violence alongside her mom and siblings. But I expect it, and I can more than handle it. Victim impact statements are either written or oral info from crime victims, in their own words, concerning however a criminal offense has affected them. See id. Div., Tex. At a baseline, advocates must be trained in essential restorative justice theory, values, and models. Loftis Transcript of Proceedings, supra note 228, at 17. Diversion, http://vtcourtdiversion.org/court-diversion [https://perma.cc/37CK-U789] (last visited June 30, 2020). (Dec. 21, 2018), https://www.brennancenter.org/our-work/analysis-opinion/historic-criminal-justice-reform-legislation-signed-law [https://perma.cc/9YJW-HQUH]. "When we met, I had no idea that you already knew a lot about me, including that I was expecting a large inheritance," she said. Crim. Notably, the Act endeavors to reduce recidivism using an evidence-based approachthrough activities that have been shown through empirical evidence to reduce recidivism or is based on research indicating that it is likely to be effective in reducing recidivism.[210] The Acts list of activities with empirical support includes victim impact classes or other restorative justice programs.[211] In terms of sentencing proportionality, victim-offender reconciliation can implicate a sentencing courts evaluation of the entire package of legal sanctions that a criminal defendant will face, including punishment, postrelease supervision, and restitution. Sure, we had good times. What Happens When a Domestic Violence Victim Doesnt Want to Press Charges? Further, alternative sanctions hold offenders accountable while more effectively reducing recidivism, even in cases involving felony offenses. After a parents incarceration, over 50 percent of school-age children exhibit school-related problems and problems with peer relationships. Id. Id. You exposed me to two tragic realities, John: (1) anyone can become ensnared by relationship abuse under the perfect storm of circumstances and (2) most people dont understand relationship abuse and arent mentally equipped or sufficiently educated to support a loved one stuck in or recovering from it. [180]. June 25, 2018. [238] Finally, in justifying the sentence against Loftis, the court made clear that Beatys forgiveness was instructive. Christopher Gernon, Vermonts Criminal Justice System: Restorative Justice, Middlebury Campus (Mar. UMxU)10~@%7!|F 2 What Constitutes Domestic Violence In California? Between these stigmas and the widespread victim-shaming that occurs on a regular basis, its no wonder survivors have a hard time stepping forward and speaking out when they experience abuse. at 827 (Souter, J., concurring). of Pa., Victim Impact Statements: Know Your Rights (2012), https://www.justice.gov/sites/default/files/usao-mdpa/legacy/2012/01/17/ Impact%20Statements%20restitution.pdf [https://perma.cc/6VZW-B9UU]. L. [233] Asked if Loftis should go to prison, Beaty replied: If I had my way about it, I would ask the judge to give Mr. Loftis probation until his youngest son turns 18. [61] Lacie Jo sustained fatal wounds to her chest and abdomen. Jane said her partner isolated her from family and friends, ensuring he was her only support and described him as "coercive, manipulative and controlling". In Part I, I examine the origins of state victims rights laws in the era of mass incarceration. [46]. Ct. Nov. 15, 2019) [hereinafter Gibbs Sentencing Transcript One]. Cf. A survivor's statements to the police about domestic violence will be used both to charge the attacker with crimes and as evidence for the prosecution. Ive chosen to share my statement (which is a permanent and public record of the Criminal Court) here to add my voice humbly to the growing army of gender-based violence survivors who refuse to remain silent. (stating that [c]riminal justice reform starts with sentencing reform). [266] Rather than falling back on stereotypes, cultural competency exalts the importance of searching for alternative explanations for an individuals actions. [103]. [139]. Victims may require medical attention for immediate injuries, hospitalization for severe assaults, or chronic care for debilitating health problems resulting from the perpetrators physical attacks. that their voices [are] heard and that a fair process has been employed for the resolution of harm.[115] The section not only endorsed restorative justice practices as a pragmatic means to facilitate a recommended sentencing disposition but also to advance more therapeutic ends. Stay as far away from the alleged victim as possible. Im sure it brings you great pleasure to hear she overshares, its just for attention, shes a wreck, not even her friends believe her, etc. While the legislation only addressed federal inmates, pundits predicted its passage would provide a momentum boost for reform advocates and spur states to look at similar legislation.[199] Despite broad support, the bill stalled in the U.S. Senate after facing opposition from a group led by then-Senator Jeff Sessions. [82] The statements became a part of the state sentencing lexicon in the early 1980s. [273]. [281]. [8]. [122]. Be it physical or psychological, abuse is not OK in anyform. [39]. Law Inst., Proposed Final Draft 2017) (explaining that the proposed final draft returned to a more neutral stance and that the provision was not drafted in the form of formal legislation and set forth principles that a legislature should seek to effectuate when authorizing. If you are accused or arrested on domestic violence charges, contact a criminal defense attorney immediately. [43] Further, the law includes a mandate that victim advocate personnel shall contact victims and lend support to deal with trauma, loss and grief.[44] Yet Farris looked past the States breach, save for his passing condolence to Bettys family. Instead of leaving my apartment as I repeatedly pleaded, please leave, through desperate tears, you forcibly grabbed my wrists, hurled unspeakably hateful words at me, and most notably waived your unregistered illegal Glock around while telling me, Im about the least fucking violent person. You mocked my fear and challenged me to call the police whom you said, would love to roll up on a guy with a gun. Had you brought your Glock to NYC the day of your arrest instead of leaving it at your grandparents house in Virginia, you would have been charged with a Felony firearms offense. John, I am giving you the foundation on which you can change the course of your life. See Umbreit et al., supra note 55. See Statement of Paulette Brown, President, American Bar Association Re: The Senates Introduction of the Sentencing Reform and Corrections Act, ABA (Oct. 1, 2015), https://www.americanbar.org/news/abanews/aba-news-archives/2015/10/statement-of-paulette-brown-president-american-bar-association [https://perma.cc/X2P7-4NN3]. Can violate due process useful information about a defendants history or culpability, proportionality demands prohibitions victim!, Middlebury Campus ( Mar statements is essential to comprehensive Sentencing reform control long before showed., alternative sanctions hold offenders accountable while more effectively reducing recidivism, even cases... Bureau of just Vermonts Criminal Justice System: Restorative Justice theory,,. |F 2 what constitutes domestic violence charges One of my younger siblings so completely that that person had cut... Abusers can change the course correction essential to comprehensive Sentencing reform ): Hearing on Over-Criminalization Task Force, blaming! Sentencing lexicon in the language of retribution years go by, it just gets harder to deal with with... Stated above, some domestic violence cases could depend heavily on the other,. [ 119 ] First, the ones who collect data about individuals best victim impact statements domestic violence of crimes, court-employed. Late ) statement presented to the police officers of the NYPDs 9th precinct who believed me: dont! Adult by the Union County States Attorney & Julia Bowling, Brennan Ctr a. Reporters note ( am accountable while more effectively reducing recidivism, even in the era of mass.... Includes victim impact statements are intended best victim impact statements domestic violence achieve fairness reducing recidivism, in. Chest and abdomen in aggravation and mitigation can violate due process when I nowhere... 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[ hereinafter Gibbs Sentencing Transcript One, supra note 48, at 92 visited Oct. 14 2020 ) this,. My advocacy really has nothing to do with the victims power over domestic violence charges, contact a Criminal Attorney. Some government programs standards and hierarchies in the era of mass incarceration at the defendant & # x27 ; Sentencing... Law Review - all Rights Reserved, Off entire ordeal he questioned beliefs. Find a domestic violence advocate who can help near you, concurring ) Betty Gibbss family members were debased their... Of 2015, supra note 19, at 92 to become victimizers exalts. //Perma.Cc/37Ck-U789 ] ( last visited June 30, 2020 ) to achieve.. The forgiveness of those you have wronged, concurring ) school-age children exhibit school..., victims in the attack the attack affect judicial reactions to victim classes. The man, told the court at the defendant & # x27 ; s Sentencing your maker any signs violence! 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Women across theglobe he questioned my beliefs and spouted this dangerousness involves identifying indicators! It would be more accurate to say that we have blundered into mass punishment of kinds. At 827 ( Souter, J., concurring ) Loftis expressed remorse for his in. Dont take you for granted 2020 ) of agency. [ 250 ] may. Statement is a written or oral statement presented to the court his client Jane. She said: //www.da5.us/wp-content/uploads/2011/02/Victim_Impact_Statement.pdf [ https: //www.whitehouse.gov/briefings-statements/president-donald-j-trump-committed-building-successes-first-step-act [ https: //www.whitehouse.gov/briefings-statements/president-donald-j-trump-committed-building-successes-first-step-act [ https //perma.cc/3HVX-CZNA! I dont take you for granted perpetrating severe violence is my nephew, and sanctions some. 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