As US Navy rethinks its fleet, Ingalls Shipbuilding faces uncertain future Common law allowed officers to use any force necessary to effect a felony arrest, but this was narrowed in the Tennessee v. Garner ruling in 1985 when the U.S. Supreme Court said that "deadly forcemay not be used unless necessary to prevent the escape, and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others. Deadly Force legal definition of Deadly Force - TheFreeDictionary.com In particular, a graphical representation of a use of force continuum is useful to a jury when deciding whether an officer's use of force was reasonable. \hline&\textbf{Debit}&\textbf{Credit}&\textbf{Debit}&\textbf{Credit}\\ Traditionally, intentional contact between vehicles has been characterized as unlawful deadly force, though some U.S. federal appellate cases have mitigated this precedent. The silhouette numbers illustrate the fact that rapid incapacitation of a threat can be expected only with a high velocity shot to the cranial vault or severance of the spinal column (10). Timken Company specializes in the repair of music equipment and is owned and operated by Secilia Timken. In addition to frequent and repeated deployments on open-ended missions, overly restrictive ROEs are a key factor in the loss of confidence by company-grade officers and enlisted soldiers and Marines in their senior leaders and in the exodus of good men and women from the military. Before embarking on any effort to improve decisionmaking, an agency must have an effective and practical deadly force policy; officers must understand the parameters of their authority. In a 1986 FBI gunfight, one assailant received a wound described by the medical examiner as "probably nonsurvivable" in the opening seconds. 5580/5. Force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or serious bodily harm. \text{Accounts Receivable}&109,500&&109,500&\\ Prove that when the total cost is minimal, the cost of setting up the machines is equal to the cost of operating the machines. Term. The deadly force triangle is a decision model designed to enhance an officer's ability to respond to a deadly force encounter while remaining within legal and policy parameters. Broadly speaking, the use of force by an officer becomes necessary and is permitted under specific circumstances, such as in self-defense or in defense of another individual or group. The investigating officer asked me to determine whether the Marine who fired the fatal shot complied with Joint Task Force Six (JTF-6) rules of engagement. Sidebar: Consequences of Compliance?Overly restrictive and unsuitable rules of engagement handicap and endanger U.S. forces, especially ground troops on peace-support missions. At the American-British-Canadian-Australian Army meeting at Sandhurst in May 2000, the United States was berated constantly for its "ninja turtle" (heavily armed and armored, cowering within its shell) approach to peace-support operations by senior British officers, who suggested that U.S. forces were ineffective as a result of leadership timidity. At a post-Desert Storm meeting at the U.S. Army's Center for Law and Military Operations (CLAMO) senior Army and Marine Corps judge advocates improved the ground force annex and recommended that consideration be given to establishing ROEs for self-defense by individual servicemen.Army and Marine Corps representatives supported the CLAMO recommendations at a JCS ROEs conference in January 1993. \text{Accumulated Depreciation - Equipment}&&94,500&&107,000\\ During the Reagan administration, Marines in Beirut were subjected to ROE tampering at all levels, contributing to the deaths on 23 October 1983 of 241 service personnel in the Marine barracks bombing. Following his rules of engagement, the soldier radios his platoon sergeant for permission to fire.2. Lethal force/Deadly force a force with a high probability of causing death or serious bodily injury. Capability Opportunity Intent. This is wrong. On 3 October 1993, Task Force Ranger engaged in a day-long battle with the forces of Somali warlord Mohammed Farrah Aidid. Although legally entitled to use deadly force, they endured the beatings because the senior soldier present ordered them not to use their weapons to protect themselves. A lock ( The U.S. Army has recovered the black boxes from two UH-60 helicopters involved in a late March crash. Deadly Force Triangle. FY 2024 Budget Overview. Join now and never hit a limit. 4560),U.S. Department of Justice,Washington, DC. Some models split these techniques between empty hand, soft control and intermediate weapon techniques but only include 5 levels of the continuum. Use of Force Model 3. K d2`wHVD wQe@No @O These progressions rest on the premise that officers should escalate and de-escalate their level of force in response to the subject's actions. To implement enclosure (1). hbbd```b`` +ELEtl0i&s"5 1db3wH} #_~0 U< (1996). S17551-17558, at 17558. Use of Force Model Matrix C. Student Preparation: . 556 0 obj <>stream In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed. Wound ballistics expert Martin L. Fackler, MD, states: "One shot and stop" may happen in movies but seldom in reality. Weaver Shooting Stance, Side. 1 (Spring 1997), pp. Most officers never fire their guns. But some kill multiple people Deadly Force UNIT: Application of Force I. hbbd``b` Defense Criminal Investigative Organizations (DCIOs). It's a function of many factors, including distance, time, barriers (ie, a door, wall, car between you); and . Diane snaps and ultimately something very sinister happens that the couple get involved in. l. All military and civilian personnel of the Navy and Marine Corps authorized under this instruction to carry firearms must receive annual firearms safety instruction, weapons qualification, sustainment training, and instruction regarding the use of deadly force required by references (a) through (e), as appropriate. A ground forces annex was prepared hastily, but it consisted primarily of law of war principles, such as "do not murder prisoners of war" or "looting is prohibited," rather than ROEs.Following the 17 May 1987 Exocet missile attack on the USS Stark (FFG-31) by an Iraqi F-1 Mirage fighter, the JCS rules of engagement were repromulgated. Participants' performances during dynamic training sessions should be evaluated and documented. hwTTwz0z.0. Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force. \text{Taxes Expense}&8,175&&8,175&\\ Hunters hiking through the hills and people concealed carrying in the cities all have two parts of the deadly force triangle. Force is more likely to be employed if suspect is disrespectful, intoxicated, and/or wielding a weapon. \text{Prepaid Insurance}&14,250&&2,700&\\ (b) Additional Considerations Involving Firearms. This is one of the most deadly incidents in U.S. Navy history outside of combat, as all 306 sailors aboard were declared deceased by then-Assistant Secretary of the Navy Franklin D. Roosevelt. Following review and approval by the staff judge advocate, the presentation is briefed to the division chief of staff, who sends it back for revision.7. As people who are committed to being responsible firearms . Congressional Record (6 June 1975), pp. B-52 bombers at Barksdale Air Force Base, Louisiana, are placed on alert.17. hb```,l ea`c@=1%g~w[p@ `@;]KY,bZw;wms^`uV[v)s+iLgu Rg]k \{9z\QAh$ "; $, e0uI4M- ia W(?. A use of force continuum is a standard that provides law enforcement officers and civilians with guidelines as to how much force may be used against a resisting subject in a given situation. And under weapons, maximal effective range. SECNAVINST 5500.29C Use of Deadly Force.pdf - Google Docs %%EOF Deadly Force: (Know this VERBATIM, WORD for WORD.). of deadlyforce use training scenariosand scenariodisplaythe of ability forceanddeadlyforce tousetheappropriateamountofforce in defend theforceusedtoago/nogostandard ew ForceistheamountofeffortrequiredbyaDefendertocompelcomplianceorovercome resistancetoprotectlifeorpropertybyanon-compliantsubject This was altered from the earlier definition that stated "a government may establish" to emphasize the responsibility of the combatant commander and (in theory) to eliminate the Vietnam-era perception that all ROEs come from the National Command Authority. The Navy origins of the JCS SROE resulted in opposition to individual self-defense on the theory that the Navy fights as units only. It was to be and should only be used as a training aid, not as a basis for ROEs. Agencies often have policies limiting the force used to be equal or one step higher on the continuum relative to the force they are opposing. hSnAW4n Yb nq0cD7Y[UWU;2"GQ3~BFtSi5&V/N{0zciX\fr5+;cYBXmN!G+p,=yNK#amP)S '=`~oXD"ifntO=H~5&fh]lZ1WLvhX6l}Lh/oEmgcm,\LPa,d]kkbfcN-Z;{~axv;=6pjbBG^`f;(/s\ "[1], In the 1989 Graham v. Connor ruling, the Supreme Court expanded its definition to include the "objective reasonableness" standardnot subjective as to what the officer's intent might have beenand it must be judged from the perspective of a reasonable officer at the sceneand its calculus must embody the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.[1]. Michael S. Reilly, USN, "The Rules of Engagement for the Conduct of Special Operations" (thesis, Naval Postgraduate School, December 1996). This shows the fallacy of "shoot to wound.". Adams v. St. Lucie County Sheriff's Department, 998 F.2d 923 (11th Cir. Absolute and immediate tactics must be deployed to stop the lethal risk and secure conclusive compliance and control. (back to article) 6. This would include joint manipulation techniques, applying pressure to pressure points and normal application of hand-cuffs. David G. Bolgiano, USA, "Firearms Training System: A Proposal for Future Rules of Engagement Training," The Army Lawyer (December 1995), pp. In some cases, it is necessary for the officer to include a consequence to the verbal direction so that the subject understands what will happen if the subject refuses to comply with the officers direction. $E}kyhyRm333: }=#ve > F H E q Z- bjbjt+t+ E A A .) If there is a realistically perceived threat (i.e., the suspect is putting lives in danger), then officers may take the life of the suspect in order to protect themselves and the public. 525 0 obj <> endobj Opportunity 2. All three factors must be present to justify deadly force. The Deadly Force Triangle: Ability --An attacker must possess the power to kill or inflict crippling injury on the innocent; Opportunity --An attacker must be capable of immediately employing that power in an attack. Captain Frank 'Marty' Theer, US Air Force, was murdered on December 17, 2000 in Fayetteville, North Carolina. But national-level policy and supervision of peace-support operations have resulted in micromanagement for ground forces far worse than at any time during the Vietnam War. Intent The willingness to cause death or serious bodily harm demonstrated through aggressive actions or lack of compliance. Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. How police are trained in the use of deadly force - The San Diego Union 0 U.S. Air Force - Security Forces Overview Evidence/Property Custody Receipt. As they began to run, the senior soldier was struck in the back by a club. If compliance is not achieved with any of the above means and the suspect is threatening the lives of the police officers or those around them, lethal force with a service weapon may be warranted, according to both Rivers and Haberfeld.. Haberfeld said the continuum encompasses anywhere between five and seven steps, but it's anything but an exact science for cops in real-world scenarios . 2 Opportunity The source for the faulty JTF-6 rules of engagementreviewed and approved by at least six echelons of lawyers, up to and including the legal counsel for the Chairman of the Joint Chiefs and the Department of Defense general counselwas the JCS SROE. (1) Applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, National Guard personnel in Title 10 status, the Office of Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within A woman who is attacked may reasonably believe that even an unarmed male possesses the power to kill her or to severely injure her. The three sides of an equilateral triangle represent three factors: ability, opportunity, and jeopardy. Patrol Study Guide Flashcards | Chegg.com Deadly Force Triangle | Defensive Carry Soft Control, PPCT Pressure Point Control Tactics, Control Tactics, techniques a level of force that has a low probability of causing soft connective tissue damage or bone fractures. Define Cover: Cover can stop a round. This would include kicks, punches, stuns and use of aerosol sprays such as oleoresin capsicum (OC) pepper spray. The military is designed to protect the state and citizens and act upon war against another state, and authorized to use deadly force as well. It takes a combination of mental and physical toughness because it's up . %%EOF [13:55:01] SHEFFIELD: OK. T. MCMICHAEL: There's also a deadly force triangle, which is subject's actions -- SHEFFIELD: Yes, go ahead. Derive a formula for the number of machines that should be used to keep total cost as low as possible. For example in Oklahoma, these other innocents are "his or her husband, wife, parent, child, master, mistress, and servant.". When escalating, voluntary submission to cuffs is a viable way to prevent the need for empty hand submission techniques which place the officer and the detainee at physical risk. 2544),U.S. Department of Justice,Washington, DC, Alpert, G.P.,Dunham, R. (1999). Its use may be justified only under conditions of extreme necessity, when all lesser means have failed or cannot reasonably be employed. Crowd members can erect barricades to impede movement or to prevent the control force from entering an area or a building. Marty Theer. 2 Times it's Appropriate to Draw your Weapon: 1- If Deadly Force is AUTHORIZED 2- There is a reasonable possibility that the use of Deadly Force may be Required. Tara Smith, the mental health officer for Surface Force Pacific Fleet in San Diego, said the clinic's 20 providers have been busy since it opened. The wedge formation is a very old and very effective formation when employed correctly. Two of the soldiers were so severely injured they were discharged with medical disabilities. The military dismissed the members of the previous election commission which had ratified the victory of Suu Kyi's party in a November 2020 general election and appointed new ones. \text{Supplies Expense}&-&&7,750&\\ US Army orders aviation safety stand down following deadly - CNN Department of Treasury (Secret Service) guidelines are similar. The county attorney correctly observed, "When deadly force is warranted, it makes no difference whether a man is shot once or twenty-seven times." Senior leaders, commanders, and ROEs drafters should substitute "serviceman and tattoo this statement on their souls.The FBI policy also declares, "The reasonableness of an Agent's decision to use deadly force . /Filter /FlateDecode Higher levels fail individual Marines, sailors, or soldiers by not providing adequate ammunition for training so they can learn to handle firearms competently and safely. 29 notes, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). The FY 2024 budget request proposes a total of $11.4 billion in direct budget authority to carry out the FBI's national security, intelligence, criminal law enforcement . \text{Equipment}&360,450&&360,450&\\ The US police killing rate of Blacks is 5.34 per million; of Hispanics is 2.63 per million; of Whites is 1.87 per million, and of others is 1.5 per million of population. Expert: U.S. Police Training in Use of Deadly Force Woefully Inadequate In U.S. police department budgets, most funding goes to salaries and equipment, and virtually nothing to training. ROEs for U.S. forces on peace-support operations today place greater constraint on individual soldiers, sailors, airmen, and Marines than existed during the Vietnam War. Intent is also the hardest one to prove. endstream endobj 207 0 obj <>stream endstream endobj 202 0 obj <> endobj 203 0 obj <> endobj 204 0 obj <>stream USS Proteus and USS Nereus - November 23rd and December 10th 1941. National Guard at Capitol Authorized to Use Lethal Force in Aftermath Active aggressor a person who does not follow verbal commands, resists attempts by the officer to take positive physical control over them and attempts to cause harm to the officer or others. Learn faster with spaced repetition. Capability . The combatant commander asks that the briefing be forwarded to him so he can pass it to higher authority.11. hb```f``2a`e``kbf@ a( #*8 4|> tNEyy4%LF5ZW a I?0ngP{{.{m ;Mc>JnI3^%SjeV36\SL[[,eEot,`1Wv]wh5r4{CV[!FAL3`H]b:JO)P{ *qCno `vNq``,@P QH 19;8Nds+($P-C8*1fHs8=33$]!4w"Y$;}_ h rH3q/f2Q ) When deadly force reasonably appears to be necessary to prevent the theft, sabotage, or unauthorized control of a nuclear weapon or nuclear explosive device. hko?/G6Z:)n\}paDpI0*Oc@C&:1$(H,BV:FEumD'Ueaatsec8ZMtF&[IJ~i){,F8kfpe|K%tC:pfaZI1jk:5N2:YPdi=\Jg&/v&`XHXWUPU_8q^(aApS1t?^FqU,6+U5T[]Q8*W!h7\PV-VU*rQ-rErT6~=xED%S.isv$BexwVvH'V*W~x_?c3Fun.|'t"?_#'g.I_c{{_``vn(@mG,5 _.>w/U0*]{xqe{z=kk_T^}- Non-dominant leg is forward of the dominant leg with a slight forward lean ("nose over toes"). Therefore, the "reasonableness" factor of a use of force incident must be judged from the perspective of a reasonable officer on the scene, and judged with the understanding that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. Military and DoD civilian lawyers have eschewed federal case law relating to law enforcement use of deadly force because of the natural (and correct) reluctance to involve the military in domestic law enforcement, failing to distinguish between applying it and using its resources for assistance. Boarding Team Member Flashcards The justification for deadly force The FBI defines this as ability, opportunity, and jeopardy. Following several days of failed negotiations and threats to kill the hostages, a SWAT team assaulted the hostage site, killing the murderer, who was shot 27 times. Deadly Force: An amount of force that is likely to cause either serious bodily injury or death to another person. Study 108 - Deadly Force, Use of Force, ROE and LOAC flashcards from Tayisiya Kugle's class online, or in Brainscape's iPhone or Android app. Free shipping for many products! qAk Y] b Each of the firm's machines can produce nnn units per hour. The rules governing the use of deadly force . Some agencies may separate some of the hand-to-hand based use of force. Deadly Force Triangle Definitions Flashcards | Quizlet A critical analysis of the SEAL Team Two and Four ROE and missions is contained in LCdr. Rules of engagement for the Unites States in the Vietnam War were a framework put into place by military authorities to define the limitations and circumstan. The first examples of use of force continuum were developed in the 1890s and early 1900s. Law Enforcement Trainers Describe How Police Are - The Daily Caller Restrictive ROEs that endanger lives should not be used to gloss over such deficiencies.The FBI deadly force policy begins, "This policy is not to be construed to require Agents to assume unreasonable risks. \text{Depreciation Expense - Automobiles}&-&&2,750&\\ A senior official in the Carter administration sought to require the forces executing the ill-fated April 1980 Iranian rescue mission to shoot to wound. Deadly Force Triangle Asylum Requests Deadly/Non Deadly Force Is Authorized When. In Bosnia, Serbs armed with nail-tipped clubs assaulted four U.S. soldiers. Conclusions suggest that female officers may be more effective at diffusing tense situations.[21]. \text{Automobiles}&360,450&&360,450&\\ Law of War, Rules of Engagement, and Escalation of Force Guide, Marine Corps Center for Lessons Learned. "A man can cover that distance and be on top of the officer. [1] Generally, each different agency will have their own use of force policy. tqX)I)B>== 9. \text{Salaries Payable}&&-&&7,500\\ In current peace-support operations, the threat of prosecution for ROE violation looms large, prompting the view that "if I fire my weaponeven in self-defense and to save my own lifeI'm in trouble.". >> The United States Supreme Court, in the case of Graham v. Connor, (1989) ruled that excessive use of force claims must be evaluated under the "objectively reasonable" standard of the Fourth Amendment. The single exception is Capt. Toes are pointed forward and the firing-side arm is extended while the supporting arm is bent. Take a self-defense pistol class and practice as much as possible with your gun. The JCS SROE provides no answer. 543 0 obj <>/Filter/FlateDecode/ID[<1F11FE260ACA7A4281EADCEAEC348BBA><7689061C522F2B4AA6BC5260164AB33B>]/Index[525 32]/Info 524 0 R/Length 94/Prev 436949/Root 526 0 R/Size 557/Type/XRef/W[1 3 1]>>stream Ironically they created ROEs from service deadly force directives, doctrine for military police, or domestic riot-control doctrineeach of which is more restrictive than U.S. case law for use of force by law enforcement authorities.Many ROEs are based on the level of force continuum (see Figure 1). In the Adams case, the officer rammed the suspect's vehicle. The presence of a firearm makes any incidence of violence into a potentially lethal encounter, whether inside our residences or places of business and especially in public spaces. It permits DoE personnel and law enforcement personnel to use deadly force in order to safeguard nuclear materials. There are unconfirmed reports of Marines and soldiers purchasing their own ammunition to accomplish annual weapons requalification, the minimum level of firearms training. Define Concealment: Concealment only hides you, but doesn't stop a bullet. If the suspect threatens to harm civilians and/or officers, then those officers must act to protect themselves and the public. When deadly force has been specifically authorized by the Heads of the DoD Components and reasonably appears to be necessary to prevent the escape of a prisoner, provided law enforcement or . Split-Second Decisions: How a Supreme Court Case Shaped Modern Policing Consider: These are representative rather than isolated incidents. Find many great new & used options and get the best deals for MORTHOME M Military Patches Full Embroidered USMC Swift Deadly Silent Force at the best online prices at eBay! An official website of the United States government, Department of Justice. Box 6000, Rockville, MD 20849-6000, United States. Capt. All three factors must be present to justify deadly force. Love's Deadly Triangle: The Texas Cadet Murder - IMDb Expert: U.S. Police Training in Use of Deadly Force Woefully Inadequate RANKED: Meet the 5 Most Deadly Armies on the Planet (in 2030) Hard control Techniques/Aggressive response techniques the amount of force that has a probability of causing soft connective tissue damage or bone fractures or irritation of the skin, eyes, and mucus membranes. CNN.com - Transcripts 703 0 obj <> endobj The setup cost is sss dollars per machine, and the operating cost is ppp dollars per hour. Language links are at the top of the page across from the title. In some ways, it is similar to the U.S. military's escalation of force (EOF). They are responsible for missile security, defending air bases around the globe, law enforcement on those bases, combat arms and handling military working dogs. (5) Apprehension. 743 0 obj <>stream An assailant whose heart is destroyed by a shot will have enough oxygen in his brain to continue to function for 10-15 seconds. endstream endobj 206 0 obj <>stream Research has also found that special division officers are more likely to use deadly force on suspects. . See, for example, Maj. Karen V. Fair, USA, "The Rules of Engagement in SomaliaA Judge Advocate's Primer," Small Wars and Insurgencies 8, no. The platoon sergeant responds, "Wait one," and calls the platoon leader.3. Military and civilian prosecutors believe Marty was murdered by his wife Michelle Theer and her lover SSG John Diamond, a sniper in the US Army stationed at Fort . A .gov website belongs to an official government organization in the United States. Students also viewed MA A School Test 2 137 terms arianna-rodriquez Navy verbatims 16 terms Force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or serious bodily harm. Lineup Waiver of Rights. The investigation develops evidence regarding the use of deadly physical force for a particular state or jurisdiction. Various criminal justice agencies have developed different models of the continuum, and there is no universal or standard model. [4] The US police killing rate is 3.05 police killings per million of population. "Minimum deadly force" is an oxymoron, as is "proportionate deadly force." [4] US police killing rates compare unfavorably with other jurisdictions. Once it is approved, the G-3 makes the presentation to the division commander. $O./ 'z8WG x 0YA@$/7z HeOOT _lN:K"N3"$F/JPrb[}Qd[Sl1x{#bG\NoX3I[ql2 $8xtr p/8pCfq.Knjm{r28?. . 6 0 obj Use of force, likely to cause serious bodily injury or death to another person, "Lethal force" redirects here. Each side of the triangle has to be met before using deadly force. 10 CFR 1047.7 - Use of deadly force. | Electronic Code of Federal The defeat of the Iraqi Army in 1991, and the consummate destruction of the same in 2003 . Qf Ml@DEHb!(`HPb0dFJ|yygs{. TimkenCompanyTrialBalanceApril30,2016, DebitCreditDebitCreditCash38,25038,250AccountsReceivable109,500109,500Supplies11,2503,500PrepaidInsurance14,2502,700Equipment360,450360,450AccumulatedDepreciation-Equipment94,500107,000Automobiles360,450360,450AccumulatedDepreciation-Automobiles54,75057,500AccountsPayable24,93026,000SalariesPayable7,500UnearnedServiceFees18,0006,000SeciliaTimken,Capital394,020394,020SeciliaTimken,Drawing75,00075,000ServiceFeesEarned733,800745,800SalaryExpense516,900524,400RentExpense54,00054,000SuppliesExpense7,750DepreciationExpense-Equipment12,500DepreciationExpense-Automobiles2,750UtilitiesExpense12,90013,970TaxesExpense8,1758,175InsuranceExpense11,550MiscellaneousExpense9,8259,8251,320,0001,320,0001,343,8201,343,820\begin{array}{lrrrr} He calls the corps commander, requesting permission to fire.8. In The platoon leader calls the company commander, who calls the battalion commander, who calls the brigade commander.4. Realizing that were he or any of his men to fall, they would be beaten and possibly killed, he drew his pistol and shot his assailant. Causes of police behavior revisited. Nancy Chartrand, a spokeswoman for Kansas City, Kansas, police, declined on Friday to speak about the investigation in the context of the department's use of force policies.
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