209 lines
10 KiB
Plaintext
209 lines
10 KiB
Plaintext
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<20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20><> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20>
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<20><> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20><> <20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD>
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<20><><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>
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<20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD> <20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>
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ARRoGANT CoURiERS WiTH ESSaYS
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Grade Level: Type of Work Subject/Topic is on:
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[ ]6-8 [ ]Class Notes [The Criminalization of ]
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[ ]9-10 [ ]Cliff Notes [knowingly Transmitting ]
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[x]11-12 [ ]Essay/Report [Aids. ]
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[ ]College [x]Misc [ ]
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Date: 06/94 # of Words:1320 School:? State:?
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<EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>>Chop Here><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>><3E><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>
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Table of Contents
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Brief history of AIDS and the criminalization of knowingly
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transmitting it.......................................3
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Interviews concerning the issue............................4
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Reasons for the criminalization of knowingly transmitting
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AIDS..................................................5
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Reasons against the criminalization of knowingly
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transmitting AIDS.....................................7
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My position and conclusion.................................8
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Brief History of AIDS and the Criminalization
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of Knowingly Transmitting It
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Acquired Immune Deficiency Syndrome (AIDS) is caused by the Human
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Immunodeficiency Virus (HIV). The virus was discoverd independently in
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France in 1983 and in the United States in 1984. In the United States, it
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was initially identified in 1981. In 1986, a second virus, now called
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HIV-2, was also discovered in Africa. HIV-2 also causes AIDS.
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AIDS is transmitted in three ways: From sexual contact without
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protection, from the mixing of ones blood with infected blood, and from an
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infected pregnant woman to her fetus. Infection can occur from blood
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transfusions of infected blood, or sharing 'dirty' needles. (Needles
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already used, in this case, by a HIV positive person.)
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The criminalization of intentionally spreading AIDS has been a big
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issue recently, and still remains so. As of September, 1991, legislation
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criminalizing AIDS transmission has been passed in 24 states. Among these
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states are California, Idaho, Ohio, Missouri, Michigan, and South Carolina.
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Under these current laws, it is a crime to knowingly transmit the virus
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through sex, sharing needles, donating infected blood, organs, or skin
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tissue.
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The first person to go to court under these laws in Michigan was
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Jeffrey Hanlon. Hanlon was a gay man who infected another man from
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Michigan while he was in New York. The American Civil Liberties Union, who
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agreed to take the case, agrued that the AIDS disclosure law is
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unconstitutional. Privacy of those with AIDS is what they were worried
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about. Opponents argued that "they're [those with AIDS] killing people.
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It's like rape." The maximum sentence Hanlon could have recieved was four
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years in prison and a $2000 fine.
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In addition, under the current New York State law, which dates back
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well before June, 1987, the knowing transmission of a venerial disease is a
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felony. However, at that time, and currently, AIDS was not classified as a
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venerial disease.
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Interviews Concerning the Issue
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Most people believe that the willful transmission of AIDS to others it
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virtually murder. I have interviewed **name** and **name**. Both of them
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feel that intentionally passing AIDS on to another person is murder. The
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recipient of the virus will, in almost every case, die rather quickly of an
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AIDS related disease.
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**name** feels that "if someone knowingly transmits AIDS to another
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person, it's like committing murder. He or she should be punished to the
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full extent of the law."
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In addition to personal interviews, I have found the opinions of
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Governor Cuomo and former President Ronald Reagan.
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On June 1, 1987, Cuomo revealed that state lawmakers would consider
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making the transmission of AIDS a crime. He was quoted at the time as
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saying:
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"If you know you have AIDS and you pass it on to someone who is not
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aware, that should be regarded as a very serious offense. I'm not talking
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about sins and morality; I'm talking about a sin against the community, a
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crime. We should look into that." However, nothing was proposed at the
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time.
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Former President Ronald Reagan called for "routine" AIDS testing of
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prisoners, marriage license applicants, immigrants, and possibly some
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hospital patients. His purpose was only to identify carriers of the
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disease; no comment concerning the criminalization of the transmission of
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AIDS was made.
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Reasons for the Criminalization of
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Knowingly Transmitting AIDS
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There are not many reasons for the criminalization of knowingly
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transmitting AIDS. However, they are very convincing arguments.
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The first and one of the most convincing arguments is because it will
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help stop the propogation of the virus. Ideally, if people know that it is
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a crime to transmit the virus, then they will not. The only way that AIDS
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will remain an epidemic is if it is continually spread. This is because
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those with AIDS will in most cases die rather quickly of an AIDS related
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disease. If they do not spread it, then the number of people with the
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virus will decline steadily without fail.
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Another reason is that someone who is intentionally transmitting the
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disease is doing it for their own satisfaction and/or to hurt others. Such
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is the case with a drug pusher. Many magazine articles have made reference
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to the analogy "a drug pusher is the same as an AIDS pusher." Their
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argument is that if drug pushers are treated as if they commit criminal
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acts, then so should the supposed 'AIDS' pushers.
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The Constitutional argument involoved is also a moral one. By
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transmitting the virus willingly one is usurping on others' rights to life
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and happiness. It is also seen as wrong by the public. In effect, it is
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murder in the second or third degree. If it is done intentionally, it is
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murder in the first degree. Obviously this should be illegal and those who
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break the proposed laws should be prosecuted as if they committed a crime.
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Another reason to criminalize the transmission of AIDS is because the
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money from fines incurred may be put towards research and development of
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cures, as well as education and prevention programs. This will help stop
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the problem and also speed up the process of finding a cure or immunization
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for AIDS.
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Reasons Against the Criminalization of
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Knowingly Transmitting AIDS
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There are many more reasons against the criminalization of willingly
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transmitting AIDS to others. However, these are based not on morals but on
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facts and practicality.
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Criminalizing AIDS would divert millions of dollars to legal fees that
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could be better spent on AIDS programs such as prevention, education, and
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research and development in terms of finding a cure. "Criminalization is a
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short cut taken when not enough energy is given to prevention." Instead of
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helping erradicate the epidemic, criminalization would instill more fear
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among the people living with HIV. "It would create a witch hunt
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atmosphere," stated William Ramir<69>z, an attorney for a HIV positive client.
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Criminalizing AIDS transmission would open doors for people to knowingly
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accuse others they know that have it just to get rid of them.
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The law would also be practically impossible to enforce. In some
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cases, intent would have to be proven. However, it is usually impossible
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to prove intent since it is not possible to go "inside" the minds of others
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to know what they were thinking in their moment of passion, whether it be
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intercourse or drug use.
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Even the United States Health Department opposes criminalization. They
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fear that it would scare people from reporting that they have AIDS. This
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is because those that do report it may be accused of committing a crime
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sometime in the future.
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My Position and Conclusion
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I have mixed feelings on whether or not the transmission of AIDS should
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be a criminal act. I feel that it is morally wrong, and in effect, those
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who do it are committing murder. There is definitely a valid argument
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there. However, due to the validity of the arguments against the
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criminalization of passing AIDS on to others, I am partial to both sides.
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I agree that it would divert millions of dollars that could be put to
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better use in research and other programs. I also agree that it would be
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legally and scientifically impossible to prove intent.
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I feel that because of these conflicting ideas that I believe, the best
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way to resolve the issue would be to make transmitting the virus a criminal
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act, but not subject to jail time. Instead of wasting the taxpayers money
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on giving free medical care and room and board to inmates, it should be put
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towards finding a cure for AIDS. Instead of a jail term, those who
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transmit the disease should be fined very heavily so as to discourage them
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from repeating the offense. The money accrued from the fine should then be
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used for research and other related programs, including helping those that
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are infected.
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All in all, AIDS is an epidemic that is a part of the nineties. It is
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scary, but it must be dealt with. If the proper precautions are taken,
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then eventually it will be taken care of in the right way. However, there
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will unfortunately always be those that have malice towards society and
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insist upon spreading their pain and suffering.
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