[n13] Second, this Court has accepted statistics in the form of multiple-regression analysis to prove statutory violations under Title VII of the Civil Rights Act of 1964. Judge Bonilla earned a Bachelor of Arts in 2000 from St. Mary's University and a Juris Doctor in 2004 from the University of Chicago Law School. This Court has repeatedly stated that prosecutorial discretion cannot be exercised on the basis of race. [n1] At the penalty hearing, [n2] the jury heard arguments as to the appropriate sentence. Only 130 years ago, this Court relied on these observations to deny American citizenship to blacks. There is no evidence that the legislature either enacted the statute to further a racially discriminatory purpose or maintained the statute because of the racially disproportionate impact suggested by the Baldus study. Ibid. First, he must establish that he is a member of a group "that is a recognizable, distinct class, singled out for different treatment." See ante at 296, n. 17. With respect to the Court's criticism that McCleskey has not shown how Georgia could do a better job, ante at 315, n. 37, once it is established that the particular system of guided discretion chosen by a State is not achieving its intended purpose, the burden is on the State, not the defendant, to devise a more rational system if it wishes to continue to impose the death penalty. The Eighth Amendment applies to the States through the Due Process Clause of the Fourteenth Amendment. 11. denied, 464 U.S. 1063 (1984); Smith v. Balkcom, 660 F.2d 573, 584-585, modified, 671 F.2d 858, 859-860 (CA5 Unit B 1981) (per curiam), cert. The Court today holds that Warren McCleskey's sentence was constitutionally imposed. Few cases involving the intersection of race, criminal law, and procedure have had the reach and impact of. In those cases, the Court found the statistical disparities "to warrant and require," Yick Wo v. Hopkins, supra, at 373, a "conclusion [that was] irresistible, tantamount for all practical purposes to a mathematical demonstration," Gomillion v. Lightfoot, supra, at 341, that the State acted with a discriminatory purpose. With respect to the second prong, McCleskey must prove that there is a substantial likelihood that his death sentence is due to racial factors. McCleskey's claim that these statistics are sufficient proof of discrimination, without regard to the facts of a particular case, would extend to all capital cases in Georgia, at least where the victim was white and the defendant is black. But in McCleskey v. Zant the Court did not address the merits of the constitutional claim, instead issuing an important decision about successive habeas corpus petitions and abuse of the writ. [n20] Nor has McCleskey demonstrated that the legislature maintains the capital punishment statute because of the racially disproportionate impact suggested by the Baldus study. 2010-2016: Assistant District Attorney with the Manhattan (NY) District Attorney's Office. What these relative degrees of arbitrariness might be in other cases need not concern us here; the point is that the majority's fear of wholesale invalidation of criminal sentences is unfounded. Recognizing that additional factors can enter into the decisionmaking process that yields a death sentence, the authors of the Baldus study collected data concerning the presence of other relevant factors in homicide cases in Georgia during the time period relevant to McCleskey's case. Ga.Code Ann. 4909 (Apr. 857 (2017); GWU Law School Public Law Research Paper No. They may define crimes and prescribe punishments. application of an inference drawn from the general statistics to a specific decision in a trial and sentencing simply is not comparable to the application of an inference drawn from general statistics to a specific venire-selection or Title VII [p362] case. Commandant, The Judge Advocate General's School MAJOR KYLE W. GREEN, USAF Editor, The Air Force Law Review MAJOR RICHARD J. HENRY, USA Assistant Editor MR. GRAHAM E. "STEVE" STEVENS Managing Editor EDITORIAL BOARD COLONEL RANDY A. HUMMEL, USAFR LIEUTENANT COLONEL JUAN-CARLOS GUERRERO, USAF LIEUTENANT COLONEL MICHAEL P. CHIFFOLO, USAFR Finally, where the objective indicia of community values have demonstrated a consensus that the death penalty is disproportionate as applied to a certain class of cases, we have established substantive limitations on its application. They demonstrated that the racial disparities in the system were not the result of the differences in the average aggravation levels between white-victim and black-victim cases. In Gregg, the Court confronted the argument that "the opportunities for discretionary action that are inherent in the processing of any murder case under Georgia law," 428 U.S. at 199, specifically the opportunities for discretionary leniency, rendered the capital sentences imposed arbitrary and capricious. would take the cases with different results on what are contended to be duplicate facts, where the differences could not be otherwise explained, and conclude that the different result was based on race alone. 580 F.Supp. First, this Court has accepted statistical disparities as proof of an equal protection violation in the selection of the jury venire in a particular district. The marginal benefits accruing to the state from obtaining the death penalty, rather than life imprisonment, are considerably less than the marginal difference to the defendant between death and life in prison. Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. ACIJs are responsible for overseeing the operations of their assigned immigration courts. Our refusal to require that the prosecutor provide an explanation for his decisions in this case is completely consistent with this Court's longstanding precedents that hold that a prosecutor need not explain his decisions unless the criminal defendant presents a prima facie case of unconstitutional conduct with respect to his case. The capability of the responsible law enforcement agency can vary widely. Even assuming the study's validity, the Court of Appeals found the statistics. Lawrence, The Id, The Ego, and Equal Protection: Reckoning With Unconscious Racism, 39 Stan.L.Rev. 56, 57, Tr. We have not yet decided whether the Constitution permits a mandatory death penalty in certain narrowly defined circumstances, such as when an inmate serving a life sentence without possibility of parole commits murder. The Court correctly points out: In its broadest form, McCleskey's claim of discrimination extends to every actor in the Georgia capital sentencing process, from the prosecutor who [p350] sought the death penalty and the jury that imposed the sentence, to the State itself that enacted the capital punishment statute and allows it to remain in effect despite its allegedly discriminatory application. It is thus immaterial whether the operation of an impermissible influence such as race is intentional. 23. The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law. Negroes [have been] executed far more often than whites in proportion to their percentage of the population. Cf. Gregg v. Georgia, 428 U.S. at 200, n. 50. 306-308. [2] An immigration judge also decides cases of aliens in various types of removal proceedings. Supp. A dedicated and enthusiastic sales team has the depth of experience and market knowledge to enable every clients goals to become a reality. we have kept these relationships through to success. Where such considerations are shown to be significant, efforts can be made to eradicate their impermissible influence and to ensure an evenhanded application of criminal sanctions. 3. The Fulton County District Attorney testified that he did not recall any instance in which race was a factor in a death penalty case in his office. McCleskey's evidence, however, is of such a different level of sophistication and detail that it simply cannot be rejected on those grounds. As Professor Baldus confirmed, the system sorts out cases where the sentence of death is highly likely and highly unlikely, leaving a mid-range of cases where the imposition of the death penalty in any particular case is less predictable. California v. Ramos, 463 U.S. at 998-999. 4, 4220. 430 U.S. at 500. For librarians and administrators, your personal account also provides access to institutional account management. Batson v. Kentucky, 476 U.S. 79, 87-88 (1986), quoting Strauder v. West Virginia, 100 U.S. 303, 308 (1880). He does not, however, expressly call for the overruling of any prior decision. He appears to argue that the State has violated the Equal [p298] Protection Clause by adopting the capital punishment statute and allowing it to remain in force despite its allegedly discriminatory application. 27. 0 Exh. On the other hand, absent a showing that the Georgia capital punishment system operates in an arbitrary and capricious manner, petitioner cannot prove a constitutional violation by demonstrating that other defendants who may be similarly situated did not receive the death penalty. The changes do not alter the substance of the sections relevant to this case. On the contrary, it is the jury's function to make the difficult and uniquely human judgments that defy codification, and that "buil[d] discretion, equity, and flexibility into a legal system." Several weeks later, McCleskey was arrested in connection with an unrelated offense. View your signed in personal account and access account management features. [n3] The jury in this case found two aggravating [p285] circumstances to exist beyond a reasonable doubt: the murder was committed during the course of an armed robbery, 17-10-30(b)(2); and the murder was committed upon a peace officer engaged in the performance of his duties, 17-10-30(b)(8). This chapter recounts how death penalty lawyers attempted to raise constitutional challenges to capital punishment based upon racial discrimination. a stimulant to that race prejudice which is an impediment to securing to [black citizens] that equal justice which the law aims to secure to all others. Baldus concluded that in capital cases, the race of the defendant and victim determined who was sentenced to death. Exhilarting experience in flying. Even less sympathetic are those we consider for the sentence of death, for execution "is a way of saying, You are not fit for this world, take your chance elsewhere.'" The dissent does not attempt to harmonize its criticism with this constitutional principle. 478 U.S. at 403-404, n. 14. In a 5-4 decision authored by Justice Lewis F. Powell, Jr., the Court ruled against McCleskey and found that unless he could submit evidence showing that a specific person in his case acted with a racially discriminatory purpose, McCleskeys death sentence and the stark racial disparities in Georgias capital punishment system would stand. McCleskey's argument that the Constitution condemns the discretion allowed decisionmakers in the Georgia capital sentencing system is antithetical to the fundamental role of discretion in our criminal justice system. See Shaare Tefila Congregation v. Cobb, 785 F.2d 523 (CA4), cert. G. Myrdal, An American Dilemma 551-552, (1944). 428 U.S. at 197-198 (quoting Coley v. State, 231 Ga. 829, 834, 204 S.E.2d 612, 615 (1974)). JUSTICE STEVENS, who would not overrule Gregg, suggests in his dissent that the infirmities alleged by McCleskey could be remedied by narrowing the class of death-eligible defendants to categories identified by the Baldus study where. As Anthony Amsterdam once remarked, McCleskey is the Dred Scott decision of our time. For this reason, LDF continues working to eliminate the taint of race from the fair and just arbitration of the criminal law in the nations courts and legislatures and to enhance public awareness about the ongoing systemic unfairness. (citing Witherspoon v. Illinois, 391 U.S. 510, 519, n. 15 (1968)), it "has never suggested that jury sentencing [in a capital case] is constitutionally required." In dissent, Chief Justice Burger acknowledged that statistics. IV, p. 75 (testimony of Maj. Gen. George A. Custer) ("[I]t is of weekly, if not of daily, occurrence that freedmen are murdered. 470 U.S. at 608. It assumed the validity of the Baldus study, but found the statistics insufficient to demonstrate unconstitutional discrimination in the Fourteenth Amendment context or to show irrationality, arbitrariness, and capriciousness under Eighth Amendment analysis. McCleskey's experts, however, performed this test on their data. Where no such factors come into play, the integrity of the system is enhanced. Judge McCleskey earned a Bachelor of Arts in 1996 from Capital University and a Juris Doctor in 1999 from Capital University Law School. McCleskey v. Georgia, 449 U.S. 891 (1980). 1976, No. Conversely, there were more mitigating circumstances in which black-victim cases had a higher proportion of that circumstance than in white-victim cases. 6, 8, 111. In the penalty hearing, Georgia law provides that, "unless the jury . He may establish a prima facie case [n4] of purposeful discrimination "by showing that the [p352] totality of the relevant facts gives rise to an inference of discriminatory purpose." A candid reply to this question would have been disturbing. (emphasis in original; footnote omitted). Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. at 266. In contrast to the carefully defined standards that must narrow a sentencer's discretion to impose the death sentence, the Constitution limits a State's ability to narrow a sentencer's discretion to consider relevant evidence that might cause it to decline to impose the death sentence. In Coker v. Georgia, 433 U.S. 584 (1977), the Court held that a State may not constitutionally sentence an individual to death for the rape of an adult woman. Deposition 60. Ante at 313. The Baldus study demonstrates that black persons are a distinct group that are singled out for different treatment in the Georgia capital sentencing system. The Court on numerous occasions during the past century has recognized that an otherwise legitimate basis for a conviction does not outweigh an equal protection violation. To aid the court's review, the trial judge answers a questionnaire about the trial, including detailed questions as to "the quality of the defendant's representation [and] whether race played a role in the trial." The Gregg-type statute imposes unprecedented safeguards in the special context of capital punishment. Yet, as Alexander Bickel wrote: It is a premise we deduce not merely from the fact of a written constitution but from the history of the race, and ultimately as a moral judgment of the good society, that government should serve not only what we conceive [p343] from time to time to be our immediate material needs, but also certain enduring values. Find reviews, educational history and legal experience. 17-10-2(c). the jury does not often consciously and explicitly yield to sentiment in the teeth of the law . 2023 BBC. Since death is imposed in 11% of all white-victim cases, the rate in comparably aggravated black-victim cases is 5%. Our desire for individualized moral judgments may lead us to accept some inconsistencies in sentencing outcomes. Since such decisions are not reducible to mathematical formulae, we are willing to assume that a certain degree of variation reflects the fact that no two defendants are completely alike. at 209 (testimony of Dexter H. Clapp) ("Of the thousand cases of murder, robbery, and maltreatment of freedmen that have come before me, . Corrected Judicial Assignment Changes Effective January 23, 2023. 1611, 1625-1640, and n. 115 (1985) (citing Cohen & Peterson, Bias in the Courtroom: Race and Sex Effects of Attorneys on Juror Verdicts, 9 Social Behavior & Personality 81 (1981)); Hodgson & Pryor, Sex Discrimination in the Courtroom: Attorney's Gender and Credibility, 55 Psychological Rep. 483 (1984). In cases where racial discrimination in the administration of the criminal justice system is established, it has held that setting aside the conviction is the appropriate remedy. This in part is what is meant by government under law. 17-10-30(c) (1982). There are, in fact, no exact duplicates in capital crimes and capital defendants. First, McCleskey's claim, taken to its logical conclusion, [p315] throws into serious question the principles that underlie our entire criminal justice system. 2d 517, 1991 U.S. LEXIS 2218 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. View the institutional accounts that are providing access. The Supreme Court of Georgia denied McCleskey's application for a certificate of probable cause to appeal the Superior Court's denial of his petition, No. The multiple-regression analysis demonstrated that racial factors had a readily identifiable effect at a statistically significant level. In Weems, the Court identified a second principle inherent in the Eighth Amendment, "that punishment for crime should be graduated and proportioned to offense." Ex parte Virginia, 100 U.S. 339 (1880) (upholding validity of conviction of state judge for discriminating on the basis of race in his selection of jurors). His findings indicated that racial bias permeated the Georgia capital punishment system. Slaton explained that, as far as he knew, he was the only one aware of this checking. . Despite McCleskey's wide-ranging arguments that basically challenge the validity of capital punishment in our multiracial society, the only question before us is whether, in his case, see supra, at 283-285, the law of Georgia was properly applied. Pp. 6.\ @"rg&MLJ0`2be,`>*8L+if4#cRb`:ue`4 0 ~<2 have shown that race continues to play a critical role in virtually all aspects of the criminal justice process. at 28-29. 1291-1296; Petitioner's Exhibit DB 92. E.g., Enmund v. Florida, 458 U.S. 782, 789-796 (1982) (felony murder); Coker v. Georgia, 433 U.S. 584, 592-597 (1977) (plurality opinion of WHITE, J.) at 206, we lawfully may presume that McCleskey's death sentence was not "wantonly and freakishly" imposed, id. 12.Gomillion v. Lightfoot, 364 U.S. 339 (1960), and Yick Wo v. Hopkins, 118 U.S. 356 (1886), are examples of those rare cases in which a statistical pattern of discriminatory impact demonstrated a constitutional violation. On-site supervision, client communication and reliable construction crews all contribute to the success of every project. Id. Irvin v. Dowd, 366 U.S. 717 (1961). The Court's other reason for treating this case differently from venire-selection and employment cases is that, in these latter contexts, "the decisionmaker has an opportunity to explain the statistical disparity," but in the instant case, the State had no practical opportunity to rebut the Baldus study. Peters v. Kiff, 407 U.S. 493, 503 (1972) (opinion of MARSHALL, J.). NAACP Legal Defense and Educational Fund, Death Row, U.S.A. 4 (Aug. 1, 1986). Even if I did not hold this position, however, I would reverse the Court of Appeals, for petitioner McCleskey has clearly demonstrated that his death sentence was imposed in violation of the Eighth and Fourteenth Amendments. Vestibulum id lorem ullamcorper, pharetra felis sit amet, feugiat felis. at 253-254, and n.190. Exh. 481 U.S. 279. Id. endstream endobj 325 0 obj <. Bernard McCloskey QC was appointed a high court judge in 2008. Finally, McCleskey's statistical proffer must be viewed in the context of his challenge. for himself or another, for the purpose of receiving money or any other thing of monetary value; (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor, or former district attorney or solicitor was committed during or because of the exercise of his official duties; (6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person; (7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim; (8) The offense . showed that systematic and substantial disparities existed in the penalties imposed upon homicide defendants in Georgia based on race of the homicide victim, that the disparities existed at a less substantial rate in death sentencing based on race of defendants, and that the factors of race of the victim and defendant were at work in Fulton County. 3. Gahanna, Ohio. The court followed the jury's recommendation and sentenced McCleskey to death. Gregg v. Georgia, 428 U.S. at 194, n. 44. Id. There was no evidence then, and there is none now, that the Georgia Legislature enacted the capital punishment statute to further a racially discriminatory purpose. 197 (1980). The decision to impose the punishment of death must be based on a "particularized consideration of relevant aspects of the character and record of each convicted defendant." Ibid. Since Gregg v. Georgia, 428 U.S. 153 (1976), the Court's death penalty jurisprudence has rested on the premise that it is possible to establish a system of guided discretion that will both permit individualized moral evaluation and prevent impermissible considerations from being taken into account. Prosecutors undoubtedly need adequate discretion to allocate the resources of their offices and to fulfill their responsibilities to the public in deciding how best to enforce the law, but this does not place them beyond the constraints imposed on state action under the Fourteenth Amendment. [p339], The Court next states that its unwillingness to regard petitioner's evidence as sufficient is based in part on the fear that recognition of McCleskey's claim would open the door to widespread challenges to all aspects of criminal sentencing. . Because McCleskey raises such a claim, he has standing. When on the society site, please use the credentials provided by that society. 4, Tit. Perhaps today that discrimination takes a form more subtle than before. Most importantly, each particular decision to impose the death penalty is made by a petit jury selected from a properly constituted venire. Instead, he relies solely on the Baldus study. Click the account icon in the top right to: Oxford Academic is home to a wide variety of products. Id. As a result of McCleskey's discovery efforts, the record also contains relevant testimonial evidence by two state officials. See id. 424 U.S. at 425. The studies demonstrate a strong probability that McCleskey's sentencing jury, which expressed "the community's outrage -- its sense that an individual has lost his moral entitlement to live," Spaziano v. Florida, 468 U.S. 447, 469 (1984) (STEVENS, J., dissenting) -- was influenced by the fact that McCleskey is black and his victim was white, and that this same outrage would not have been generated if he had killed a member of his own race. [n26]. [p284], The jury convicted McCleskey of murder. [n10] A corollary to this principle is that a criminal defendant must prove that the purposeful discrimination "had a discriminatory effect" on him. In 1978, petitioner, a black man, was convicted in a Georgia trial court of armed robbery and murder, arising from the killing of a white police officer during the robbery of a store. Whereas decisions against a defendant's interest may be reversed by the trial judge or on appeal, these discretionary exercises of leniency are final and unreviewable. 84-8176 of Russell Parker, Feb. 16, 1981, p. 15. Supp. [n]o guidelines govern prosecutorial decisions . 3920 (1987) (emphasis added). [n36] As this Court has recognized, any mode for determining guilt or punishment "has its weaknesses and the potential for misuse." In Brown v. Board of Education, 347 U.S. 483 (1954), this Court held that, despite the fact that the legislative history of the Fourteenth Amendment indicated that Congress did not view racial discrimination in public education as a specific target, the Amendment nevertheless prohibited such discrimination. The Eighth Amendment is not limited in application to capital punishment, but applies to all penalties. It would violate the Equal Protection Clause for a State to base enforcement of its criminal laws on "an unjustifiable standard such as race, religion, or other arbitrary classification." Similarly, in Roberts v. Louisiana, 428 U.S. 325 (1976), and Woodson v. North Carolina, 428 U.S. 280 (1976), we struck down death sentences in part because mandatory imposition of the death penalty created the risk that a jury might rely on arbitrary considerations in deciding which persons should be convicted of capital crimes. If sufficient evidence to link a suspect to a crime cannot be found, he will not be charged. Petitioner's Supplemental Exhibits (Supp. Id. The New Jim Crow. An African-American man who was sentenced to death in 1978 for killing a white police officer during the robbery of a Georgia furniture store. Copyright 2023 NAACP Legal Defense and Educational Fund, Inc. McCleskey v. Kemp was a historic case in Georgia that showed how racial discrimination perpetuates unfair sentences for black defendants. See n. 28, supra. Senator Nelson moved his law practice . So it never got any further than just talking about it. See Duncan v.[p310]Louisiana, 391 U.S. 145, 155 (1968). at 372 (emphasis omitted). Exh. 17-10-31 (1982). Such analysis is designed precisely to identify patterns in the aggregate, even though we may not be able to reconstitute with certainty any individual decision that goes to make up that pattern. Formal dual criminal laws may no longer be in effect, and intentional discrimination may no longer be prominent. His petition raised 18 claims, one of which was that the Georgia capital sentencing process is administered in a racially discriminatory manner in violation of the Eighth and Fourteenth Amendments to the United States Constitution. [n7] While the decisionmaking process of a body such as a jury may be complex, the Baldus study provides a massive compilation of the details that are most relevant to that decision. 1983 brought against prosecutors, the considerations that led the Court to hold that a prosecutor should not be required to explain his decisions apply in this case as well: [I]f the prosecutor could be made to answer in court each time . Eddings v. Oklahoma, supra. If capital defendants are to be treated as "uniquely individual human beings," Woodson v. North Carolina, supra, at 304, then discretion to evaluate and weigh the circumstances relevant to the particular defendant and the crime he committed is essential. McCleskey asks us to accept the likelihood allegedly shown by the Baldus study as the constitutional measure of an unacceptable risk of racial prejudice influencing capital sentencing decisions. However, the nature of the capital sentencing decision and the relationship of the statistics to that decision are fundamentally different from the corresponding elements in the venire selection or Title VII cases. Also, the strength of the available evidence remains a variable throughout the criminal justice process, and may influence a prosecutor's decision to offer a plea bargain or to go to trial. See Ga.Penal Code (1861). Re-inventorying of products and spaces that may not meet the changing customer experience or expectation. 1970), former American NFL football defensive back who played from 1993 to 2000. McCleskey then filed a petition for a writ of habeas corpus in the [p286] Superior Court of Butts County. Wally McCleskey, American actor, known for Heaven's Gate (1980), New York, New York (1977) and The White Shadow (1978) Thomas Joseph McCleskey Jr. (b. Accordingly, the court denied the petition insofar as it was based upon the Baldus study. If it does not in substantial degree mirror reality, any inferences empirically arrived at are untrustworthy. Mr Justice McCloskey was formerly UK's most senior immigration judge, seeking to avoid deportation of "shameful behaviour", judge warned against "ill-informed" interference in the process of law, Harry and Meghan told to 'vacate' Frogmore Cottage, Explosive found in check-in luggage at US airport, Fungus case forces Jack Daniels to halt construction, Rare Jurassic-era bug found at Arkansas Walmart, India PM Modi urges G20 to overcome divisions, Aboriginal spears taken in 1770 to return to Sydney. N2 ] the jury heard arguments as to the States through the Process... Lawfully may presume that McCleskey 's experts, however, performed this test on their data n2 ] the does... This checking is imposed in 11 % of all white-victim cases to American. That, as far as he knew, he relies solely on the basis race. 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In which black-victim cases is 5 % thus immaterial whether the operation of an impermissible influence such as race intentional! Today that discrimination takes a form more subtle than before Duncan v. [ p310 ] Louisiana 391. Proportion of that circumstance than in white-victim cases, the rate in comparably aggravated black-victim cases a! U.S.A. 4 ( Aug. 1, 1986 ) to a wide variety of products by government under.. Gwu law School Public law Research Paper no where no such factors come into play, the Ego, procedure... Administrators, your personal account and access account management features influence such race. Form more subtle than before penalty hearing, Georgia law provides that, as far as knew... 428 U.S. at 266 executed far more often than whites in proportion to their percentage of the responsible enforcement. Is the Dred Scott decision of our time the changing customer experience or expectation assuming the study validity. 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