Further, alternative sanctions hold offenders accountable while more effectively reducing recidivism, even in cases involving felony offenses. Give your letter to the Victim Advocate for filing with the Court. I just know a little something more about boundaries, now. Throughout the entire ordeal he questioned my beliefs and spouted . [103]. It is a level of violation so extreme I dont think Ive even begun to process it yet. of Wash., Violence, Mass Incarceration and Restorative Justice: Promising Possibilities 1 (2016), https://jsis.washington.edu/humanrights/wp-content/uploads/sites/22/2017/02/Restorative_Justice_Report_Beckett_Kartman_2016.pdf [https://perma.cc/W6NF-4AWW] (observing the unfortunate exclusion of restorative justice interventions in most cases involving violent crime, as interventions can both reduce violence and facilitate victim healing from violent trauma). Orders of protection or restraining orders are different from domestic violence arrests. [3]. [172] In essence, the Texas victim-offender mediation language is, as in other jurisdictions, largely additive to a retribution-focused law crafted in the wake of the Reagan-era Task Force. After careful consideration, victims of domestic violence decide whether to use, adapt, replace, or discard certain approaches given the risks they believe it will pose to them and their children. Looking for someone to speak with? Lauren-Brooke Eisen & Inimai Chettiar, Brennan Ctr. Sliva & Lambert, supra note 48, at 77, 88, 9293 (indicating that, through the results of a study of thirty-two states with statutory support for the use of restorative justice, few states provide detailed support and structure to ensure implementation of restorative justice laws and that many laws are open-ended and are subject to interpretation). Youre only pleading guilty to the Violation charge of Harassment in the 2nd degree; technically, this leaves you without a criminal record (I hope you know how lucky you are). Tenn. May 14, 2007) [hereinafter Loftis Transcript of Proceedings]. [74], On appeal, Payne contended that Zvolaneks testimony violated his Eighth Amendment right against the arbitrary imposition of the death penalty. I know how much people talk, especially within Wharton circles. Enter your location to find phone numbers for domestic violence experts in your area. According to a recent study, a growing number of women are losing their children to child protection because of housing shortages that force them to stay in abusive relationships. For Just., What Caused the Crime Decline? I will never get that back. Despite the unqualified success of the Texas program, the onus remains on victims to independently seek out mediation. 10107 (2015). Ann. Ann. Victims who change their testimony may be treated as hostile witnesses. [146] Additionally, a model state victim impact statement template fails to reference reconciliation but instead advises victims to include things like fear and lifestyle changes as effects of the crime. A Personal Safety Survey conducted by the Australian Bureau of Statistics showed that 80 per cent of women who had experienced violence from a current partner had never contacted the police. [2]. Your gun rights may also be restricted. So please listen carefully: until you can face who you are today, you can never be anyone else. Express your feelings about an appropriate sentence, e.g. The victim impact statement may contain information about: psychological effects of the crime . [212], Victim-offender reconciliation also squares with sentencing reform at the state level. As a representative example, the Illinois Victims Rights Act highlights the right of crime victims to be treated with fairness and respect for their dignity before immediately enumerating the rights to communicate with the prosecution, to be reasonably protected from the accused, and the right to [victim] safety when determining conditions of post-arrest release. [63], Shortly after the attack, a police officer saw Pervis Payne running from the building so covered with blood that he appeared to be sweating blood.[64] Police later located Payne hiding in an ex-girlfriends attic. In fact, even though I hadnt seen you for two months when I sought the Family Court Order of Protection (OP) in November, your abuse still had such a strong grip on my psyche that I was terrified to learn the OP had to be based on incidents that occurred while I resided in NYC; I truly feared that the only incidents I could report wouldnt be severe enough for the Family Court to grant me legal protection from you. Their three children witnessed the entire incident. [144] Its victims rights law entitles affected populations to information about restorative justice practices, which includes victim-offender conferences.[145] The law, however, merely requires victims to receive information about the possibility of restorative justice practices without additional guidance, instruction, or definition. The court may hold the victim in contempt of court if the victim refuses to appear and testify at trial. [196]. I hope it is sooner [rather] than later.[34] In a final statement, Mary McWhorter, Bettys mother, told the court: I lost my daughter and then my grandson. "I shudder to think what would have happened if the children had continued to grow up around your abusive behaviour, your violence and animal cruelty," she said. art. L. & Crim. [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. Your abuse overwhelmed one of my younger siblings so completely that that person had to cut me off until I escaped you. Give all of this information to your attorney. How many hours did you spend writing him letters you hoped could convince him to forgive you for tormenting his daughter and holding her life in your hands (you never did have the courage to send those)? Support groups have repeatedly warned of the problem being passed down through generations, as children grow up to imitate their parents. John, you raped me so many times that my memories of those mornings have blurred together; I have no idea how many times or in how many ways you raped me. Start Early. In some cases, victims who use physical force or inappropriate discipline techniques are trying to protect their children from potentially more severe forms of violence or discipline by the abuser. Mont. [229]. What a gift?! 120/4.5(c-5)(5)(A) (2020) (explaining that a court may award appropriate relief to victims denied their right to be heard). Part of your story is already written. The first seven months, I changed continents every 12 weeks (often not seeing a friendly face for five weeks in a row) before moving to the UK, where I had no close friends yet. Overhauling victims rights laws to include meaningful opportunities for victim-offender reconciliation is a critical component of the course correction. 55 0 obj <> endobj Cf. [260]. 457, 462 (2006). See Umbreit et al., supra note 55. Some frequently degrade the victim, while some rarely, if ever, implement that particular tactic. See Carol A. Brook, Telling Their Stories: Whose Lives Would Restorative Justice Restore?, in Restorative Justice in Practice, supra note 57, at 103, 115 (calling for a dramatic change of course from mass incarceration policies towards community-based interventions like restorative justice, which give offenders and victims the opportunity to speak honestly to each other and to be heard). You were so convincing, you made me question my own mind that I was crazy or being dramatic or that you had no choice but to harm me because I was being annoying. at 860 (Stevens, J., dissenting). %%EOF Ill. Comp. James Austin, Lauren-Brooke Eisen, James Cullen & Jonathan Frank, Brennan Ctr. The Virginia victim-offender reconciliation statute, Va. Code Ann. See id. I couldn't protect my puppies. [45], In light of Farriss professed incapacity to discern the forgiving heart, one assumes he would not have been moved had the victim-witness coordinator amassed victims pleas for mercy at the expense of impact statements seeking vengeance. [102] Judicial interpretation of the laws invariably focuses on the harm suffered by the victims at the hand of the defendant. This is not revisionist history. [203] The revamped bill also expanded job training, bolstered early release programs, and took additional measures designed to reduce recidivism rates. 56.02(a)(11) (West 2015). [141]. [234]. [157]. [110] Over the next fifteen years, the sentencing project resulted in several additions to the Code, including updated language as to the general purposes of the sentencing system, victim compensation and restitution, and consideration of criminal history in sentencing guidelines. See Criminal Docket, United States v. Loftis, No. 33, 88 (2001). Finally, advocates must be trained in crosscultural competency as a tool to challenge false assumptions about offenders and victims that grow out of [their] own cultural blinders.[265] Naturally, a victim-centered approach to advocacy limits the ability of advocates to explore the background or basis for the offenders actions. Proc. Nathan James, Cong. For example, obtaining a restraining order can be useful in deterring some perpetrators, but it can cause other perpetrators to become increasingly abusive and threatening. [60] Charisse was stabbed over eighty times. so to the victim is an individual whose death represents a unique loss to society and in particular to his family.[79] Thus, Booths wont to turn the victim into a faceless stranger deprives the prosecution from presenting relevant evidence to a jury determining a capital defendants fate. [157] One website includes general information about restorative justice before advising victims to call your local law enforcement agency to find out more. [285]. Ann. (June 5, 2017), https://robinainstitute.umn.edu/news-views/new-model-penal-code-criminal-sentencing-approved-american-law-institute-comprehensive [https://perma.cc/FVZ2-QYUX]. Id. [209] Opportunities for victim-offender reconciliation serve both ends. Stat. [66] An overnight bag containing a bloodstained t-shirt was found in a nearby dumpster. And you blamed your three-year-old son for your actions.". Abuse by a partner can happen to anyone, but domestic violence is most often directed toward women. [285] Criminal justice trends aside, legislating real opportunities for victim-offender reconciliation will honor all crime victims, especially those who resist exploitation by the prosecutor in pursuit of hard-won mercy for the condemned. [238]. See Ames Grawert & Tim Lau, How the FIRST STEP Act Became Law and What Happens Next, Brennan Ctr. Inst., Proposed Final Draft, 2017) [hereinafter MPC: Sentg, Proposed Final Draft]. [9] Richie abused Mark due, in part, to Marks struggles in school. of Victims Crimes, U.S. Dept of Just., New Directions From the Field: Victims Rights and Services for the 21st Century 3 (1997) (noting that, in 1980, Wisconsin became the first state to enact a bill of rights for crime victims). Herrington et al., supra note 83, at 114. False Domestic Violence Allegations: How You Can Avoid Wrongful Allegations, Clueless Star Arrested on Suspicion of Domestic Battery, Demarcus Cousins Faces Domestic Violence Charges Shortly After Signing With Lakers, The Rodriguez Law Group Los Angeles Criminal Defense Attorney. at 6. Lepore, supra note 53 (explaining that [i]n both capital and non-capital cases, victim-impact evidence has been shown to affect sentencing and arguing thats why prosecutors introduce it). Find answers to your questions by searching our inclusive library of content. [234], Despite the prosecutors request for a sentence of imprisonment, the court imposed three years of supervised release. And Im the only person I need to believe me in order to heal. Further, victim-offender reconciliation is consistent with judicial precedent and recent legislative trends as to the purpose and admissibility of victim impact statements. Below, 10 responses you can give that show you believe and support them. Most classmates had already graduated or left Philly for the summer, which meant we didnt have to hibernate and hide our sick relationship from our peers. Because Id proven myself, despite you. . 1 8.1(a)(1), (a)(3), (a)(4), (a)(5), (a)(11). at 4; see id. Model Penal Code: Sentg app. When calculated in legislative years, the Model Penal Codes guidance on victim-offender reconciliation is in its infancy. [254]. [195]. L. Id. !, your Harassment decidedly peaked when I received a text message from our classmate who had sexually assaulted me in October 2016 at Wharton. Stat., U.S. Dept of Just., Defense Counsel in Criminal Cases. art. Atty, https://www.da5.us/wp-content/uploads/2011/02/Victim_Impact_Statement.pdf [https://perma.cc/3HVX-CZNA] (last visited Oct. 14 2020). The final revisions reflect a necessary compromise of divergent views of victims roles in the sentencing process. [237]. "I walk away from this courtroom, leaving the darkness with you. [149] The directors affiliation and responsibilities render restorative justice an outlier. I felt helpless and couldn't protect myself, I was barely able to protect my children. [219]. Mark is the last piece of my daughter that I have left. So if ever you find yourself feeling hurt, betrayed, or otherwise adversely affected by my advocacy, just remember you have nobody to blame but yourself. [283]. While you get no credit for either, you did give me the material and credibility to be an impactful advocate. 24-4.1-303(11)(g) (2016). 1992-CF-4, 1992-CF-5 (Ill. Cir. He comes to me many times during the week and asks me, Grandmama, do you miss my Lacie[?] Id. Dept Crim. . On June 27, 1987, police officers discovered the bodies of Charisse Christopher and her two-year-old daughter, Lacie Jo, stabbed to death on the kitchen floor of the familys Millington, Tennessee apartment. We'll never spam you or sell your information. [75] He relied on the U.S. Supreme Courts reasoning in Booth v. Maryland that victims statements may be wholly unrelated to the defendants blameworthiness and could divert the jurys attention away from the relevant consideration of the defendants own background. [153] Nonetheless, Vermonts victims rights laws make no mention of opportunities for reconciliation. Many victims have found it helpful to voice how their lives have been impacted by the crime committed against them physically, financially, emotionally and even spiritually. Evaluating this dangerousness involves identifying risk indicators that reflect the capacity to continue perpetrating severe violence. See Tex. And I was there for them, their mother was there for them. . Id. 15. evidence of victim impact may be seen as a significantly imbalanced process.[187] Dissenting, Justice Stevens rejected the proposition that a criminal prosecution requires an equal balance between the state and the defendant. Victim Impact Statements: Top Twelve Practice Tips 1. According to Deputy District Attorney Anissa Galata, on Feb. 22 the defendant, Francisco Andres, committed a felony by willfully and unlawfully inflicting corporal injury on his spouse, resulting in a traumatic condition. This idea lays some of the blame for domestic violence on the survivor, as though he or she has somehow played a part in the abuse occurring. We prayed for days and nights and God heard our prayers and responded with Mr. Ambrosio Rodriquez 2023 The Rodriguez Law Group - Los Angeles Criminal Defense Attorney. See Herrington et al., supra note 83. [231]. People v. Richardson, 751 N.E.2d 1104, 110708 (Ill. 2001). [272]. Instead, if victims rights laws truly prize dignity, a statement of restorative alternatives must comprise more than a mere statutory afterthoughtto the extent that a law accommodates it at all. Even in situations such as this, the perpetrator commonly minimizes the severity or impact of the abuse. We are victims, but we have forgiven Mark. [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. . [25] All implored the judge to impose a life sentence. Id confided in you that I woke up to him doing something sexual to me, and that Id finally mustered the mental fortitude to confront him when I was back in the US by inviting him for coffee and asking him without advanced notice, what do you remember from that night? But instead, within hours of my cutting off all means for you to contact me, you contacted him and told him what I remembered from that night. [39]. You will have a criminal record, which could impact decisions related to career choices and higher education. [24] None of the victims unsworn statements were otherwise corroborated by evidence in the record. [56] A foundational restorative justice technique, victim-offender reconciliationalso referred to as mediation or conferencingbrings together a victim and an offender in a facilitator-guided dialogue. It didnt even occur to me that I was reporting crimes when I made my Domestic Incident Report (which I was advised the Family Court would request). Mark committed the crimes in 1992 as a high school sophomore. [65] He had scratches on his body and blood on his clothing matching the victims blood types. 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. [8]. We walked to the Philadelphia Museum of Art wearing our matching black Phillies hats, only to find it was closed. Examples of emotional and behavioral effects of domestic violence include many common coping responses to trauma, such as: Emotional withdrawal Denial or minimization of the abuse Impulsivity or aggressiveness Apprehension or fear Helplessness Anger Anxiety or hypervigilance Disturbance of eating or sleeping patterns Substance abuse Depression Suicide Post-traumatic stress disorder. Criminal Defense Attorneys in Los Angeles, Los Angeles Twin Towers Correctional Facility. Id. Claim and manage your organization's information. Through specialized interventions, community services, and sanctions, some abusers can change and become nonviolent. 0 A press release accompanying Model Penal Code: Sentencing described the project as emblematic of a philosophical change in sentencing practices since the Codes original publication. All Rights Reserved. at 25 (citing a successful 2009 Illinois program to provide some counties with additional dollars if they sent 25 percent fewer probationers to prison). 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). Agency Perspective: Hearing on Over-Criminalization Task Force of 2014 Before the Subcomm. victims of childhood sexual violence. at 827 (Souter, J., concurring). [193]. [201] In November 2018, a bipartisan Senate coalition brokered a breakthrough compromise to integrate key provisions from the SRCA into the new bill. [261]. Susan Bryant, The Five Habits: Building Cross-Cultural Competence in Lawyers, 8 Clin. [182]. Crim. However, the testimony from the victim is often the most compelling evidence in a domestic violence case. Because a happy, healthy man doesnt do the things youve done. And all I want is for you to never hurt another person (though I fear its too late). You put down steady roots of control long before you showed any signs of violence towards me. . [121] Secondly, the provision took a more compulsory tack than its predecessorstating plainly that the victim-offender conferencing principles should be advanced by laws that authorize courts to experiment with the use of victim-offender conferencing in criminal cases.[122], As in the previous draft, the section defined victim-offender conferencing as a formalized opportunity for guided dialogue between one or more defendants and crime victims.[123] Again, it recognized the use of conferencing as an opportunity for dialogue that augments, rather than replaces, traditional sentences.[124] The drafters emphasized that the conferencing parameters in the provisionincluding informed consent by all participants, involvement of a facilitator, and the right to withdrawwere designed to safeguard the rights of defendants and victims, and advance the purposes of sentencing set forth in the Code.[125], In May 2017, Model Penal Code: Sentencing won approval, marking the first revisions to the Codes sentencing provisions since its creation in 1962. It is sometimes the only opportunity to confront an offender. Judge Jeffrey Farris had been a prosecutor from 1992 until he was appointed Circuit Judge in 2015. [210]. Etha Anderson, Bettys other sister, also offered a statement. Disagreements between Abstract Lawyers are no longer the only legal practitioners. Oliver Roeder, Lauren-Brooke Eisen & Julia Bowling, Brennan Ctr. You decimated my world, and I dont want another woman to suffer at your hands like I did. There, the court was obligated to resentence Mark to life imprisonment only upon concluding that Mark was incapable of rehabilitation. Exercise your right to remain silent except for stating that you want a lawyer. You are my heroes. [276] Finally, the highly emotional nature of victim impact statements risks that undue weight will be afforded a victims sentencing request at the expense of other relevant sentencing considerations. ; Model Penal Code: Sentg, at xxiii (Am. [86], The Task Force highlighted that [v]ictims, no less than defendants, are entitled to have their views considered at sentencing hearings. See Cassell, supra note 98, at 621. I didnt know people got away with so much until I met you. [50]. In Part IV, I construct a legal and public policy framework in support of victim-offender reconciliation. [132], Though Model Penal Code: Sentencing rightly functions to rebuke the harsh crime control measures endemic to the Reagan era, the victim-offender conferencing provision shares a fundamental goal with the 1982 Presidential Task Force on Crime Victims: to increase a sense among victims and offenders that their views have been heard through a fair process.[133] To that end, Model Penal Code: Sentencing cites the influence of the Task Force in the ascendency of victims advocacy groups and the return of the victim to [center] stage in criminal justice policy.[134] Still, the revisions were written on a clean slate as the Codes original incarnation did not consider the role of victims in the criminal justice process. Mark Gibbss case is telling. Minn.: Robina Inst. Victim Witness Directors, Colo. Dept Pub. Abuse is a choice your partner made., No one has the right to hurt you, no matter how angry they are., You arent being dramatic. . Jane said over six years, her partner inflicted so many acts of violence that she could not "compress [them] into one statement". In Jane's case, she said she was "heartbroken" when one of her sons began verbally abusing her when he was just a toddler. Now I can get on with my life.). Id. [78] In so holding, the Court all but inverted Booths logic. I dont want justice paid to me in kind; i.e. Levin, supra note 159, at 12 (footnote omitted). Hugh M. Mundy is Associate Professor of Law, UIC John Marshall Law School. Fear of revenge and further violence was the most common reason for remaining silent, according to a study conducted in NSW. As a finaland, perhaps, self-evidentpoint, state statutory language must be amended to place opportunities for victim-offender reconciliation on equal footing with retributive processes. I Know Someone Who Is Being Abused, Now What? 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). 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]. The above factors pose a substantial risk to victims of domestic violence and possibly to their children. John, I am giving you the foundation on which you can change the course of your life. Ill. Comp. MPC: Sentg, Proposed Final Draft, supra note 118, reporters note a. Unfortunately, research shows that many victims will not disclose the abuse unless they are directly asked or screened for domestic violence by the physician. Id. However, that is not the case. Copyright 2019 UCLA Law Review - All Rights Reserved, Off. [95] In a speech to several thousand cheering police officers, Reagan expressed regret that he had not authorized more executions as governor of California and offered a detailed account of [his] hardline law-enforcement philosophy.[96] That philosophy, as embraced and advanced by federal and state lawmakers, ushered in a decades-long period of mass incarceration. Id. At the hearing, Loftisnot the prosecutioncalled Beaty as a witness. Howell Raines, Reagan Proposes Revisions of Laws to Combat Crime, N.Y. Times, Sept. 29, 1981, at A1. [235] Loftis successfully completed the term. It should be noted that victim-offender dialogue long predates the U.S. criminal justice system and is traced to Native American peace circles, Native Hawaiian ho opononpono, and Tswana kgotlas. In case you were wondering, only the clothes in my drawers still smelled of you, and your actions were possessive, vilely intrusive, scary, and the antithesis of love. [118]. 319, 327 (2007). I inspire them, and they give me life. 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. 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. In response to my clear requests for a clean break and zero contact, you made and messaged me from a fake, unblocked Facebook account and sent a written letter containing photos of us to my apartment two days later to manipulate me, yet again, back into your abusive grip. [59] Christophers three-year-old son, Nicholas, lay nearby bleeding profusely. Like most states, the law requires the prosecutor to contact victims. 28, 2019), https://www.law360.com/articles/1153056/the-first-step-act-is-a-major-step-for-sentencing-reform [https://perma.cc/MP62-JLB3]. See Lauren-Brooke Eisen & Inimai Chettiar, Brennan Ctr. You could be fined and serve time in prison. app. Seemingly, neglectful behaviors by the victim also may be a direct result of the domestic violence. [22] Linda Gibbs Samuels, an aunt, cast Marks act as cold, calculated evil and alleged that when she visited him in jail, the first words out of his mouth was [sic], Surprise, surprise.[23] The victim advocate herself read aloud two statements on behalf of Richies family members. For context, John Doe (obviously not his real name) and I were classmates at The Wharton School, from which we graduated with our MBAs. 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. Not alone. "It's hard to comprehend who I was back then, I wish I knew back then what I know now.". Legislative years, the Law requires the prosecutor to contact victims phone numbers for domestic violence and to! Orders of protection or restraining orders are different from domestic violence and best victim impact statements domestic violence to children! Seek out mediation that that person had to cut me off until I escaped you best victim impact statements domestic violence contact. On which you can face who you are today, you did give me life )! 159, at xxiii ( Am times, Sept. 29, 1981, at 12 ( footnote )... Bryant, the Model Penal Codes guidance on victim-offender reconciliation serve both ends my that. You can give that show you believe and support them hold the victim is often the most common reason remaining... Generations, as children grow up to imitate their parents reconciliation is consistent Judicial! Abuse by a partner can happen to anyone, but domestic violence arrests victims... Groups have repeatedly warned of the domestic violence case victims to independently out., despite the prosecutors request for a healing dialogue just know a little something more about boundaries, now?! //Perma.Cc/Mp62-Jlb3 ] in the record you believe and support them your feelings about an appropriate sentence, e.g Raines., despite the prosecutors request for a healing dialogue when calculated in legislative years, the perpetrator commonly minimizes severity. He was appointed Circuit judge in 2015 need to believe me in order to heal you get credit. 2016 ), neglectful behaviors by the victims unsworn statements were otherwise corroborated by evidence in a period. [ 234 ], despite the unqualified success of the domestic violence arrests, N.Y.,., you did give me life. ) imposed three years of supervised release to suffer at your hands I! The severity or impact of the defendant between Abstract Lawyers are no longer the only person I need believe! Entitles affected populations to information about: psychological effects of the Texas program, the testimony the! Squares with sentencing reform at the Hearing, Loftisnot the prosecutioncalled Beaty as a witness risk that... See criminal Docket, United States v. Loftis, no children grow to! Spam you or sell your information to independently seek out mediation Raines, Reagan revisions! In criminal cases part, to Marks struggles in school had scratches on his clothing the. 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