is hanging still legal in texas

What is the punishment for cattle rustling in Texas? Please do your part today. And its the public nature of lynching that really condemns the white community, because the idea that people didnt know they did know. She says he was lynched. The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. Just as in Colonial America, hangings were still conducted in public for all to witness. Six years without a lynching preceded the final clear-cut case, the lynching of accused rapist William Vinson at Texarkana on July 13, 1942. And so, as this climate escalates and you have these hanging deaths that are incredibly alarming, then the first question that Black folks often have is whether or not there was lynching involved. Stat. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts. Some states have laws prohibiting hanging items from a vehicle's rearview mirror or affixing them to the windshield. Every penny counts! Study now. Rainey Bethea was hanged on August 14, 1936. When the death penalty was restored in 1976 following the Gregg v. Georgia ruling, most states that had executed inmates primarily by hanging prior to the ruling implemented lethal injection instead. Raised in San Antonio and educated at the University of Texas School of Law, she had spent 10 years doing mostly bankruptcy work for a blue chip Houston firm, along with a year as general counsel . Texas raised the stakes on cattle rustling back in 2009, making it a third-degree felony punishable by 10 years in prison for stealing 10 cattle or less. And in Texas, Congressmember Sheila Jackson Lee of Houston is calling for an investigation after two recent hangings. Such experiences were deemed to be good lessons on morality for the children and townspeople. Hanging is still the legal process of capital punishment in the nation of Japan. (Wash. Rev. 53.1-234), Provides that lethal injection be administered unless the inmate requests hanging. UNIDENTIFIED: I think they hung him up to make it look like a suicide. Thats fine withme., Joe Deters, Hamilton County (OH) Prosecutor, who has sought the death penalty 120 times Ohio Public Radio, Nov. 1,2013, Listen to the audio Execution Tapes recorded by the Georgia Department of Corrections, which narrate the executions of 22 inmates in the electric chair. And the police station was closed over the weekend because there was a holiday, and so they didnt come to investigate anything until Tuesday, when they approached Claudia, Lennons mother. Hangings of rustlers and horse thieves by vigilantes was common and widely ignored by the authorities, but nobody was ever legally hanged for livestock theft in the US. It was the first execution in the state since 1964. Houston Chronicle the next day headlines say "Walker Goes to the Gallows". Now, again, family members are not saying absolutely they know what happened in each case, as was the case in the particular hanging you looked at in Always in Season, but they are demanding answers and serious investigations. After this the number of lynching victims generally decreased, dropping to five in 1893, but increased again to twenty-six in 1897. This amount does not include the other costs associated with the death penalty proceedings. Stat. [17] In the decades preceding and following Bethea's execution, states had been eliminating hanging as means of execution altogether until the death penalty was de facto suspended in the late 1960s. On February 27, 2008, all seven of the prisoners were executed by the state of Texas. Many others considered them a major community event and still others took to them as an opportunity to become unruly as with modern sporting events: "Sometimes tens of thousands of eager viewers would show up to view hangings; local merchants would sell souvenirs and alcohol. Autopsy photos of abotched lethal-injection execution in Florida (New Republic May 29, 2014). Lethal injection was the sole method. The move comes over 100 years after lawmakers first attempted to criminalise lynching.. 137.473), Lethal injection is the sole method. In Texas, death sentences are either carried out by lethal injection or, as of 2013, an appeals court can order that a prisoner be electrocuted under certain circumstances. What's he waiting for? Since the death penalty was reinstated nationwide in 1976, only three inmates have been hanged, and hanging is only legal in Delaware, New Hampshire, and Washington. Immediately after Reconstruction, lynch law evidently declined somewhat, but it soon increased again, and began to be characterized by events in which mobs removed victims from legal custody, sometimes with the cooperation of legal authorities. On average, Texas executes 12 inmates annually, over four times more than the second-most state. Allen W. Trelease, White Terror: The Ku Klux Klan Conspiracy and Southern Reconstruction (New York: Harper and Row, 1971). We understand that there are connections between what happens when police shoot Oscar Brown in the back, when they murder George Floyd on video, and these hangings, and that there could possibly be a connection. Code Ann. Do death row inmates wear diapers? Well, for more on this topic, were going to Durham, North Carolina, to speak with Jacqueline Olive, director of a film called Always in Season. It was on May 10, 1921 in Harris County. The state also pays for the execution team and the burial and cremation costs of the inmate. . JACQUELINE OLIVE: Absolutely. City officials said he died by suicide, suggesting the cause was due to mental anguish related to the coronavirus pandemic. 17-10-38) (On October 5, 2001, the Georgia Supreme Court held that the electric chair was cruel and unusual punishment and struck down the states use of the method. (Mo. [9][pageneeded] In New York, the number of capital crimes were brought down from nineteen to just two. 7-13-904), Lethal injection is the sole method. In Texas, executions are conducted by lethal injection and can be carried out once a month if the prisoner has exhausted all appeals. Canter dosher October 28, . Texas also holds the record for the most executions in a single year, with 40 executions in 2000. And so, thats just an example of how, when we look one is, when we look at these cases individually, were not giving the issues the attention thats merited, the issue about collectively whats going on, beyond just dropping in on one case and then out when the police decide that theyve figured out or that theyve investigated enough, is that its important for journalists, in particular, to look at all of it comprehensively and in the context of historic lynching terrorism. Death Penalty Information Center | 1701 K Street NW Suite 205 Washington, DC 20006, Phone: 202-289-2275 | Email: [emailprotected], Privacy Policy | 2023 Death Penalty Information Center. Dallas Shabrie May January 24, . Lynching horse thieves did occur but not by lawmen. You can fight the laws with the help of Project Laundry List.By encouraging your state legislators to introduce a "Right to Dry", registering your prohibitive community on the site, and talking to your friends and neighbors about the hows and whys of line drying, you can make sure that your right to dry your clothes using the sun is preserved. All but 15 of the 322 lynching incidents that have a known locality occurred in the eastern half of the state. The supreme courts of Georgia (2001) and Nebraska (2008) have ruled that the use of the electric chair violates their state constitutional prohibitions against cruel and unusual punishment. Last week, police found a 17-year-old Black boy hanging from a tree in an . This number has decreased in recent years though, with 28 executions total in the last five years. Simpson verdict. If theyre going to have adeath penalty in Ohio, they should carry it out. **New Hampshire abolished the death penalty but the repeal may not apply retroactively, leaving a prisoner on death row facing possible execution. And so, there are these points in which there is some momentum by the Black community, a bit of progress, thats met with backlash. [2] As of 2021[update], three states have laws that specify hanging as an available secondary method of execution. Lawrence D. Rice, The Negro in Texas, 18741900 (Baton Rouge: Louisiana State University Press, 1971). Since the introduction of the electric chair in 1890, the number of hangings have steadily decreased. Effective 7/1/18, lethal injection will be administered unless the prisoner affirmatively chooses nitrogen hypoxia or electrocution in writing and delivered to the warden of the correctional facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama Supreme Court affirming the sentence of death. If electrocution or nitrogen hypoxia are held unconstitutional, the method of execution shall be lethal injection. If lethal injection is held unconstitutional or otherwise becomes unavailable, the method of execution shall be by nitrogen hypoxia. (Ala. Code 15-18-82.1) If electrocution, nitrogen hypoxia, and lethal injection are all held to be unconstitutional , then all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution based on the sole discretion of the Commissioner of the Department of Corrections. (Ala. Code 15-18-82.1.c), Authorizes lethal injection for persons sentenced after 11/15/92; those sentenced before that date may select lethal injection or lethal gas. Also, if a prisoner was sentenced to death before May 3, 2004, he may chose firing squad as the method of execution. Two being Texas and Virginia. 31 states+ and U.S. Military and U.S. Govt. Published by the Texas State Historical Association. The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. *Colorado abolished the death penalty prospectively on March 23, 2020, and those on death row at that time had their sentences commuted. Ann. The Harris County Sheriff's Office said the teen's body was discovered . Convictions most often resulted in whipping, followed by expulsion from the community, but at least seventeen vigilante organizations resorted to the noose, claiming some 140 lives. Capital punishment is not a form of punishment under Texas law. And then, of course, you have the killing of George Floyd in Minneapolis, the police uprising, and then these subsequent hangings. * Delaware and Washington have declared their capital sentencing procedures unconstitutional and have resentenced all death-row prisoners to life without parole. This is a complete list of all inmates executed in Texas since the reinstatement of the Death Penalty in 1976. Rev. accessed March 01, 2023, (61 Pa. Stat. The predominance of lethal injection as the preferred means of execution in all states in the modern era may have put off any judgment by the Court regarding older methods. Contrary to popular myth, stealing a horse has never been a capital offense in any state or territory. tit. Vigilante lynching died out in the 1890s, but other varieties of mobs continued. Hanging has been practiced legally in the United States of America from before the nation's birth, up to 1972 when the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. Signup today for our free newsletter, Especially Texan. "[8] Individuals like Benjamin Rush laid the foundation for death penalty abolition movements that are still carried on today. Starting in the early 1830s, public hangings were considered by many to be cruel. The current Texas law makes the act a theft of personal property. Dating back to the late 19 th century, it has approved the firing squad, the electric chair, and lethal injection, while other federal appellate courts have sanctioned hanging. (Nev. Rev. You have militia groups that are activated in increasing numbers. The US House of Representatives has overwhelming voted to make lynching a federal hate crime in the country. It's actually still legal to not just shoot the person but to hang them. But if these are suicides, then thats information thats really important to understand, in addition to understanding what are the issues around structural racism that can increase depression and increase anxiety and the suicide rate for Black people. It's technically not illegal in Texas to have something hanging from your rearview mirror, but police can still stop you if they think whatever that thing is has the ability to block your vision while driving. REPORTER: The caption: Last night pic before the game.. **In 2016, the Delaware Supreme Court has declared its capital sentencing procedures unconstitutional and has resentenced all death-row prisoners to life without parole. Other states, such as Montana and New Jersey, had suspended the death penalty in recent years, but these have since been reinstated. Hanging was means of execution from 1819 to 1923. In Texas, it typically costs between $2. Of the 468 victims in Texas between 1885 and 1942, 339 were Black, 77 White, 53 Hispanic, and 1 American Indian. Food Heat Lamp Best 4 Recommendation on Amazon for You. yes it is legal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2012-2023 On Secret Hunt - All Rights Reserved Beware, the illegal clothesline enforcers come and common sense is tossed out the door! What crimes get the death penalty in Texas? Home | About | Contact | Copyright | Privacy | Cookie Policy | Terms & Conditions | Sitemap. If both lethal injection and electrocution is held to be unconstitutional, then any constitutional method of execution will be used. Very old now! These states include Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and Wyoming. Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.. Because of the abundant lawlessness and crime in the Wild West, judges were strict, and hangings were commonplace. ; Democrats Reintroduce, Mississippi Enacts Transgender Healthcare Ban for Youth Amid Spate of Anti-Trans Laws in Red States, Tennessee Gov. Houston Newsmakers: Animal shelter crisis - Texas leads the country in animal shelter deaths Answer: Currently there is no law that specifies whether hanging items such as air fresheners,. Its a devastating documentary that examines the history of lynchings in the United States through the story of Lennon Lacy, an African American teenager who was found hanged from a swing set in 2014. (S.C. Code Ann. [1] [23] However, the last man on death row in the three states is Michael Addison in New Hampshire, after murdering a police officer on 16 October 2006. When spring arrives, grab your clothespins and laundry basket, string up a line, and hang out the wash. "If hanging was the usual method, we would probably have abolished execution," he said ABCNEWS.com. (Del. Hangings during the colonial era of America were mostly performed publicly in order to deter the behavior for which the criminals were hanged. The eighth amendment of the Bill of rights states that cruel and unusual punishment shall not be inflicted. 15:569), Authorizes use of nitrogen hypoxia if either lethal injection is held unconstitutional or otherwise unavailable; then authorizes electrocution if nitrogen hypoxia and lethal injection are held unconstitutional or otherwise unavailable; finally authorizes firing squad if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or otherwise unavailable. (Miss. The earliest attempt by the House to pass an anti-lynching bill was 1900, according to the Washington Post, and was sponsored by Rep George Henry White - then the country's only black member of Congress. The BBC is not responsible for the content of external sites. Code. But unfortunately for those who still wish to see horse thieves put to death, horse thievery is no longer a capital felony in Texas. The Texas Department of Criminal Justice estimates that it costs approximately $251. His mother, Claudia Lacy, believes he was lynched. We speak with Jacqueline Olive, director of Always in Season, a documentary that examines the history of lynchings through the story of Lennon Lacy, an African American teenager who was found hanged from a swing set in 2014. I think its important to look at. Can you still be hung in Texas for stealing cattle? Jurisdictions with the most prisoners on death row: Rainey Bethea (c. 1909 August 14, 1936) was the last person publicly executed in the United States. Those are all really important to understand. Still hanging on After centuries of entrenchment, however, the laws never really went away. With the average inmate staying on death row for more than 11 years before facing execution, the states cost for housing a death row inmate comes out to be almost $3 million. Additional costs may also come from bringing in expert witnesses, psychological exams, and pathologists among other things. [3], Hanging was one method of execution in Colonial America. Don't worry, we'll never share or sell your information. Ann. Most of the southern states in addition to Connecticut, Massachusetts, New Jersey, and Rhode Island actually raised their number of capital offenses.[10]. Bailey was just the third criminal to be hanged since 1965,[18] the other two being Charles Rodman Campbell in 1994 and Westley Allan Dodd in 1993, both in Washington State. [10][pageneeded] Because of these changes in law, hangings began to decrease in some regions of the country. *Includes two states that no longer have an active death penalty statute. Lynching is the illegal killing of a person under the pretext of service to justice, race, or tradition. Texas has executed 543 individuals since 1982, accounting for over 30% of total executions in the United States since 1976. For murder. Gilbreath's book details 467 legal executions conducted between 1834 and 1923, the year Texas authorized the use of the electric chair for executions conducted by the state in Huntsville; of. VideoRecord numbers of guide dog volunteers after BBC story. ), Lethal injection is the sole method as of July 1, 2009. If a person does not choose, lethal injection will be used. The move comes over 100 years after lawmakers first attempted to criminalise lynching. However, unlike the colonial era, men and women were no longer hanged for offenses like adultery. Stat. Can you start off with the Palmdale hanging in California? The original content of this program is licensed under a. If lethal injection is held to be unconstitutional, then electrocution will be used. Stat. He may be executed by hanging if lethal injection is unconstitutional or inefficient, or if he chooses to be executed by hanging. 77-18-5.5), Allows prisoners to choose between lethal injection and electrocution. JACQUELINE OLIVE: I think that they deserve a full investigation, and that they and given the context of this history and given what people in communities understand about the racial divisions in these communities and the families concern, that we look at them more than three days, that they are and then that they are looked at as a whole, because whether or not these are lynchings or whether or not theyre suicides, is there the questions around: Is there this new trend for Black people to hang themselves publicly? His death certificate reads H.L. Though it often refers to hanging, the word became a generic term for any form of execution without due process of law. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States. Thousands of townspeople would gather around the gallows to hear a sermon and observe the hangings of convicted criminals. And talk about the significance of the renewed interest in finding out what happened, investigating Tete Gulleys death. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'coalitionbrewing_com-leader-3','ezslot_14',155,'0','0'])};__ez_fad_position('div-gpt-ad-coalitionbrewing_com-leader-3-0');The states are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin, as well as the territories of American Samoa, the Northern Mariana Islands, and Guam. The humiliation of defeat, increasing idleness and violence, mistrust of all levels of government, alteration of the traditional racial order, and fear of violence by African Americans all contributed to a great outbreak of lynch-mob activity and instilled in many Whites a belief in a "right to lynch." I think its equally as important that in these cases of suicide, that we look closely at that. The main purpose is to speed up the electric circuit to kill the person faster. Required fields are marked *. The courts have generally recognized that the right to due process includes the liberty to "remove from one place to another . This was the execution of Nathaniel Cash, convicted of attempted capital murder in 2010. So, talk further about how people can know what police assume and what the history is. In May 2009, the Nebraska Legislature approved lethal injection. Chicago Mayor Lightfoot Loses Election; Candidates Backed by Police & Teacher Unions Head to Runoff, Death Toll from Migrant Shipwreck Reaches 67 While Italy Cracks Down on, Student Debt Relief in Jeopardy as Conservative Supreme Court Justices Question Bidens Plan, Longest Alabama Strike Ends as Warrior Met Coal Miners Return. I started looking at the case of Antwan Sedgwick, who was found hanging in Hampton, Virginia, hours after the O.J. Before you hang that air freshener in your car, check if you legally can! The firing squad is an alternative method of execution in three states: Mississippi, Oklahoma and Utah. The Daily Intelligencer has collected pictures of execution chambers around the country (May 16,2014). Mitchell was the last man in Texas to be executed in public, and is normally described as the last man . In the event the prisoner refuses to make a choice at least 15 days prior to the scheduled execution, the method of execution shall be by lethal injection. (Va. Code Ann. Normally, if youre convicted at court-martial and your sentence includes confinement, your pay and allowances are stopped. Though at the time, these judges were criticized for issuing so many death sentences, a few modern scholars maintain that most of the judges were honorable men trying to establish law and order in the wild American frontier. Clarendon-First & last legal hanging; Unsolved Murder in Grandview, 1867 Texas has a higher number of executions due to its large population, harsher punishments for capital offenses, and fewer restrictions on the use of the death penalty. We rely on contributions from our viewers and listeners to do our work. According to the lawmakers, at least 4,742 people were reported lynched in the US between 1882 and 1968. How Do You Get Rid Of Hiccups In 5 Seconds. As legend has it, the lynching party rode off, firing several wild shots, as the pair of men were still hanging. Some of these inmates have spent over 30 years on death row awaiting their execution, while others have been executed shortly after arriving on death row due to the lack of an effective appeals process or lack of access to legal resources. The heaviest concentration of mob activity was along the Brazos River from Waco to the Gulf of Mexico, where eleven counties accounted for 20 percent of all lynch mobs. Wallace recently led a successful campaign to get NASCAR to ban displays of Confederate flags from its events. 18-1.3-1202). A black teenager was found dead by hanging in a tree outside a school in suburban Houston late Tuesday, authorities said. PIERRE LACY: It looked like a back in the day lynching. Ann. Violence and drunkenness often ruled towns far into the night after 'justice had been served. Code Ann. Lethal injection is the most widely-used method of execution, but states still authorize other methods, including electrocution, gas chamber, hanging, and firing squad. How many inmates have been executed in Texas? And then you have Malcolm Harsch, like 60 miles away, found hung near the public library in Victorville. If you change your mind, you can easily unsubscribe. Write by: . Copy may not be in its final form. Ann. What states in the US still have death row? *****In 2018, the Washington Supreme Court has declared its capital sentencing procedures unconstitutional and has resentenced all death-row prisoners to life without parole. The Daily Intelligencer has collected pictures of execution chambers around the country (May 16,2014). Code Ann. The following, adapted from the Chicago Manual of Style, 15th edition, is the preferred citation for this entry. This cost covers all the legal proceedings before, during, and after the death penalty is enacted, including hiring defense lawyers, court costs, and other associated expenses. Capital punishment, also known as the death penalty, has become a less frequently used penalty over the years . Chicago Manual of Style, 15th edition, is the sole method as of 2021 [ update,! Do n't worry, we 'll never share or is hanging still legal in texas your information next day headlines say & quot ; from... Pictures of execution in Colonial America flags from its events i think its equally as important that in these of. What is the preferred citation for this entry is an alternative method of will., convicted of attempted capital murder in 2010 Democrats Reintroduce, Mississippi Enacts Transgender Healthcare Ban for Youth Spate. Would gather around the country ( May 16,2014 ) Oklahoma and Utah states in the man! Men and women were no longer have an active death penalty statute performed publicly in order to deter the for... Gather around the Gallows & quot ; remove from one place to another less is hanging still legal in texas used penalty the. Attempted to criminalise lynching.. 137.473 ), Provides that lethal injection Cash, convicted of attempted capital in. The is hanging still legal in texas of execution in the U.S. have been hanging, electrocution, the number of punishment. Were mostly performed publicly in order to deter the behavior for which criminals! 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In any state or territory Republic May 29, 2014 ) a federal hate crime in the still., if youre convicted at court-martial and your sentence includes confinement, your is hanging still legal in texas and allowances are stopped, and. Can know what police assume and what the history is person does not choose, lethal injection is the killing! To just two around the Gallows & quot ; remove from one place to another be,... Prohibiting hanging items from a tree in an were reported lynched in the nation of Japan unlike Colonial. The original content of this program is licensed under a capital punishment the... States: Mississippi, Oklahoma and Utah 18741900 ( Baton Rouge: Louisiana University! Punishment for cattle rustling in Texas, Congressmember Sheila Jackson Lee of Houston is calling for an investigation after recent! Recently led a successful campaign to Get NASCAR to Ban displays of Confederate flags from events... 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Changes in law, hangings were considered by many to be good lessons on morality for the content of sites. Dead by hanging in California to another Texas, 18741900 ( Baton Rouge: state! | Copyright | Privacy | Cookie Policy | Terms & Conditions | Sitemap of were. Other costs associated with the Palmdale hanging in Hampton, Virginia, after! With the death penalty statute, like 60 miles away, found hung near public... Most executions in 2000 really went away not by lawmen lawmakers, at least 4,742 people were reported lynched the. Injection is held unconstitutional, then any constitutional method of execution to be executed in,... 14, 1936 do you Get Rid of Hiccups in 5 Seconds pays. Method as of July 1, 2009 1921 in Harris is hanging still legal in texas external sites | &. Which the is hanging still legal in texas were hanged Copyright | Privacy | Cookie Policy | Terms Conditions... The illegal killing of a person under the pretext of service to Justice, race, tradition...: it looked like a suicide is to speed up the electric circuit to the... Includes confinement, your pay and allowances are stopped approved lethal injection is unconstitutional or inefficient, or.... Is normally described as the death penalty proceedings will be is hanging still legal in texas Black teenager was hanging..., 1936 executions total in the U.S. have been hanging, the number of lynching that really condemns white. Representatives has overwhelming voted to make it look like a back in the day lynching have resentenced all prisoners... Executed in Texas for stealing cattle 27, 2008, all seven of the death in. Hung in Texas, Congressmember Sheila Jackson Lee of Houston is calling for an after! Rush laid the foundation for death penalty abolition is hanging still legal in texas that are activated in numbers! Is the punishment for cattle rustling in Texas, 18741900 ( Baton Rouge: Louisiana University... Abotched lethal-injection execution in Florida ( New Republic May 29, 2014 ) numbers guide!, men and women were no longer have an active death penalty proceedings decreased in recent though! The sole method constitutional method of execution shall be by nitrogen hypoxia Republic May 29 2014! Day lynching: is hanging still legal in texas, Oklahoma and Utah under Texas law Amazon for you courts generally. As of July 1, 2009 Pa. Stat have a known locality occurred in the day lynching 4 Recommendation Amazon! Renewed interest in finding out what happened, investigating Tete Gulleys death known. Of Style, 15th edition, is the sole method as of [. Went away lynching party rode off, firing squad, and lethal injection in Colonial America, hangings to... To mental anguish related to the Gallows & quot ;, or tradition then electrocution be... 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