State Attorneys Research Articles

In pursuit of ignorance: The institutional assault on disinformation and hate speech research

This article examines ongoing efforts to discourage disinformation and hate speech research in the U.S. These initiatives originate from a variety of institutional actors, including digital platforms, congressional committees, state attorneys general, and advocacy organizations. It employs the conceptual framework of agnotology, which refers to the study of deliberate culturally or politically induced ignorance. Through an analysis of over 1,800 pages of primary documents, it identifies the strategic approaches employed, the outcomes, and the broader democratic implications associated with these efforts to create and maintain knowledge gaps in the disinformation and hate speech arenas.

Oklahoma leaders reject settlement on jail MH services

Oklahoma Gov. Kevin Stitt and other state leaders have rejected a legal settlement of a federal lawsuit over long delays in providing mental health treatment to jail detainees found not competent to stand trial, the Oklahoma Voice policy news service reported Oct. 8. State Attorney General Gentner Drummond had pushed for the negotiated settlement, which included a remediation plan that would revamp the state's current system for restoring offender competency and increase the state's number of forensic beds devoted to competency restoration (see “Legal settlement would expedite MH treatment for Oklahoma detainees,” MHW, July 1, 2024; https://doi.org/10.1002/mhw.34099). But Stitt and the commissioner of the state Department of Mental Health and Substance Abuse Services, Allie Friesen, have characterized the settlement as overly costly and burdensome. Shortly before an Oct. 8 meeting of a review board chaired by Stitt, Friesen announced that she was terminating Drummond as the state's counsel in the case. Friesen indicated with regard to the proposed settlement that she would “resign before signing an agreement like this,” Oklahoma Voice reported. The lawsuit was originally filed in March 2023 in U.S. District Court on behalf of three incarcerated inmates. It alleges that detainees' long waits for needed mental health treatment have caused their conditions to deteriorate, and this violates the Fourteenth Amendment of the Constitution and the Americans with Disabilities Act.

Desjudicialização da saúde e diálogos interinstitucionais em Minas Gerais: a análise do Acordo de Cooperação Técnica para a gestão dos medicamentos Ranibizumabe e Aflibercept

Objective: to understand the judicialization of health in Brazil and analyze, from the perspective of health de-judicialization, the Technical Cooperation Agreement signed on December 2, 2021, between the State Health Departmentof Minas Gerais , the State Attorney General's Office of Minas Gerais, and the State Public Defender's Office of Minas Gerais for the management of the medications Ranibizumab and Aflibercept. Method: a narrative review of the literature on the judicialization of health and an exploratory study based on documentary analysis of the antecedents of the Technical Cooperation Agreement were carried out. Results and discussions: Self-composition and consensual resolution of conflicts by the Public Administration has broad legal support and, in the current legal and administrative scenario, is the most effective and efficient means of realizing the underlying public interest, notably the right to health, promoting its dejudicialization. This scenario points to the potential for new solutions, including the implementation of interinstitutional dialogues, such as the Technical Cooperation Agreement studied, which is expected to serve as the embryo for a permanent trend in the management of the judicialization of health within the scope of State Health Departmentof Minas Gerais. Final considerations: ahe cooperation agreement studied has great potential for the dejudicialization of actions with requests for ophthalmological medicines, in addition to others whose incorporations are proposed within it. It also promotes synergistic and convergent action by actors involved in judicialization. The perspective is that, from this milestone, these legal actions will decrease and patients will begin to be served through the United Health System administrative supply route. Submission: 03/19/24| Review: 08/16/24| Approval: 09/01/24

Law Enforcement of E-Ticket Cases at the Bantul District Prosecutor's Office

Law enforcement of E-Tilang cases has an important role in maintaining traffic order and security in Indonesia. This study aims to determine the role of the Bantul State Attorney's Office in enforcing the law of e-tickets or electronic tickets for traffic violations and the obstacles to the role of the Bantul State Attorney's Office in enforcing the law of e-tickets or electronic tickets for traffic violations. The research method used in this research is empirical legal research. The approach used in this research is a juridical-empirical approach, namely analysing the legal problems that have been formulated by combining legal materials both primary legal materials, secondary legal materials and tertiary legal materials which are secondary data with primary data obtained in the field through interviews. This research is a new contribution to the understanding of law enforcement related to the E-Ticket case at the Bantul District Attorney's Office. From a series of previous studies, various points of view have been studied in depth. This research aims to provide a more comprehensive understanding of the role and constraints of E-Ticket law enforcement, as well as highlighting innovations and best practices in the context of traffic law enforcement. This research shows that the role of the Bantul State Attorney's Office in enforcing the law of e-tickets for traffic offences is as a protector of personal data, a guarantor of legal certainty and justice, and as an executor. Obstacles in the implementation of its role include the absence of detailed legal rules governing the implementation of electronic-based law enforcement, then in the aspect of resources, still limited technological infrastructure, such as unstable internet access and inadequate computers, in terms of human resources which are still very limited, another inhibiting factor is from the community, the lack of public awareness and understanding of the importance of orderly traffic..

In Defense of Doctors Who Treat Pain -- Questions and Answers for Judges, Juries… and Journalists --

As a healthcare writer and patient advocate for almost 30 years, I read a lot. Recently, some of that reading has been in court transcripts of doctors being persecuted out of medicine or into jail by DEA prosecutors and their hired “experts.” I use the term “persecuted” intentionally. I believe that many DEA or State Attorney General “medical experts” are simply “hired guns” – clinical predators paid large sums of money to tell stories whose details they do not actually understand.

The Nature of The Role of State Attorney Prosecutors in Legal Assistance in the Civil and State Administrative Fields

Objective: This research aims to find out, analyse and discover the nature of the role of the State Attorney in legal assistance in the field of Civil and State Administration, assess the effectiveness of the role of the State Attorney in legal assistance in the field of Civil and State Administration, and identify factors that affect the effectiveness of the role of the State Attorney in legal assistance in the field of Civil and State Administration. Theoretical Framework: The theoretical framework used in this research combines normative legal research and sociological legal research. Normative legal research analyses regulations and laws governing the role and function of the State Attorney, while sociological legal research assesses how these regulations are applied and perceived in practice by the public and related institutions. Method: The type of research conducted is descriptive, using a mixed approach between normative and sociological legal research. Data was collected through the study of legal documents, interviews with State Attorneys, and field observations at various agencies related to the Civil and State Administrative fields. Results and Discussion: The State Attorney plays a role in representing the legal interests of the state, government, BUMN/BUMD, and the community through legal assistance, law enforcement, legal considerations, services, and other legal actions. However, its role in resolving legal disputes in the civil and state administrative fields is still less effective, both through litigation and non-litigation channels, which are influenced by the substance of the law, human resources of the apparatus, facilities and infrastructure, public legal awareness, and legal culture. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of [insert field of study]. These implications could encompass [list impacted areas or sectors]. Originality/Value: The essence of the role of the State Attorney is to represent the legal interests of the state, government, BUMN / BUMD, and the community through various forms of legal assistance and action, but the effectiveness of its role in resolving legal disputes in the fields of Civil and State Administration is still less than optimal, influenced by legal substance, human resources, facilities and infrastructure, public legal awareness, and legal culture.

The Nature of The Role of State Attorney Prosecutors in Legal Assistance in The Civil and State Administrative Fields

This research aims to comprehensively examine the role of the State Attorney in providing legal assistance within Civil and State Administration, assess its effectiveness in resolving legal disputes, and identify key factors influencing its efficacy. Adopting a theoretical framework that integrates normative legal research and sociological legal research, the study analyzes laws governing the State Attorney's functions while evaluating how these are perceived and applied in practice. Through a descriptive approach utilizing mixed methods, including the study of legal documents, interviews with State Attorneys, and field observations, the research reveals that while the State Attorney plays a crucial role in representing the legal interests of various entities, including the state, government, BUMN/BUMD, and the community, its ability to effectively resolve legal disputes in Civil and State Administration settings is hindered by complexities in legal frameworks, limitations in human resources and infrastructure, varying levels of public legal awareness, and the prevailing legal culture. This study's findings offer practical and theoretical insights that can guide enhancements in legal assistance practices and policy development within the field.

The Existence Of State Attorney Prosecutors In Providing Legal Assistance To Government Agencies Related To Land Disputes

The Existence Of State Attorney Prosecutors In Providing Legal Assistance To Government Agencies Related To Land Disputes

Implementation of Restorative Justice in Crimes of Persecution (Case Study of the Balikpapan District Prosecutor's Office)

Restorative Justice means restoring relationships to their original state and atoning for violations committed by the offender against the victim. This approach, conducted outside the judicial process, aims to resolve legal problems caused by criminal acts in a fair manner through the agreement of all involved parties, including the victim, the perpetrator, and the community. This study aims to provide an overview and implementation of Restorative Justice within the State Attorney's Office and review its alignment with the Attorney General's Regulation No. 15 of 2020, which outlines the main points and basic guidelines for the strategy and implementation of prosecution termination based on restorative justice.

California Bill Would Tighten Oversight on Private Equity Hospital Purchases

No abstract available. Article truncated after 150 words. According to Medscape California lawmakers are considering a bill that would tighten oversight of private equity and hedge fund buyers of hospitals and healthcare facilities (1). Private equity investment in hospitals and physician groups has been under scrutiny in recent months after a slew of high-profile failures, including bankruptcies and hospital closures. California lawmakers have drafted a bill that would require private equity firms and hedge funds to give the state attorney general written notice before purchasing a healthcare facility or provider group. The attorney general would have to approve the transaction. Buyers would also be required to submit written notice to any federal or state agency as required by law within 90 days of the transaction, and the attorney general could extend that period. The bill gives the attorney general the power to halt an acquisition if there is a "substantial likelihood of anticompetitive effects" or if it would …

Social Context and Early Disposition Departures: An Examination of Disparity in Immigration Sentencing Across U.S. District Courts

In the 1990s, the United States Attorneys’ Offices implemented programs to make sentencing for immigration offenses more efficient by designating a number of “Fast-Track” districts. In 2012, these programs were expanded to all federal districts. Using data from multiple sources including federal sentencing data from 2015 to 2016 and community-level variables from the American Community Survey, this study examines how individual and district-level characteristics affect receipt and magnitude of early disposition departures. Findings suggest Hispanic population, Republican Control, and original fast-track district predict early disposition departure receipt and sentence length. District-level characteristics can influence when and how these departures are used.

The Application of the Legal Function of the State Attorney to Realize Legal Certainty in Civil and State Administrative Cases

The Application of the Legal Function of the State Attorney to Realize Legal Certainty in Civil and State Administrative Cases

Efforts of The Prosecutor as State Attorney to Recovery Recovery of State Losses Through Replacement Money

Purpose: The Corruption Law in Indonesia faces technical and normative challenges in collecting compensation for state losses. Technical obstacles include concealment of assets, inability of convicts or heirs to pay compensation, and rejection by heirs or third parties. In addition, corruptors often prefer to serve additional prison sentences as a substitute for compensation money. This law also lacks legal certainty and is disproportionate in regulating additional prison sentences. This research aims to find out the efforts of the Prosecutor as State Attorney in the effectiveness of returning compensation for State losses through the prosecution and execution of compensation for State losses resulting from criminal acts of corruption. Methode: This research is a normative-juridical type of research. Supported by 4 (four) approaches, philosophical approach, legislative approach, conceptual approach, and case approach. Result: The efforts of the State Attorney's Office in the field of prosecution by carrying out investigations, confiscation, prosecution, and confiscation of assets based on the judge's decision, auction, and execution, through the Prosecutor's Office's Asset Recovery Center (PPA) unit. Meanwhile, in the civil sector, by carrying out or facing a civil lawsuit by the suspect or a third party who objects to the action of confiscating property owned or under the control of the suspect. As in the investigation into the Jiwasraya and Asabri Corruption cases.

Kewenangan Jaksa Pengacara Negara Mewakili BUMN Sebagai Pihak Termohon Dalam Suatu Permohonan Kepailitan Dan PKPU

State-Owned Enterprises (BUMN) are one of the actors in economic activities in the national economy which have an important role in realizing the welfare and prosperity of society. In the case of bankruptcy and postponement of debt payment obligations applications, the Prosecutor's Office has the authority to file a bankruptcy application against the debtor on the basis of public interest. On the other hand, the Prosecutor's Office can also act as a state attorney who has the authority to represent the state or state agency in a case. From the research results, it can be concluded that the authority of the State Attorney to represent the state/state agencies in commercial cases is different from civil cases in general as regulated by Law No. 37 of 2004 concerning Bankruptcy and postponement of debt payment obligations.

The Position of the Principle of Legality vs the Principle of Opportunity in the Accemination of the Prosecutor's Demands in the Replic Agenda (Valencya Case Study at the Karawang State Attorney)

Withdrawing criminal charges against Valencya during a trial's replication stage has generated debate, seemingly balancing the principles of legality and opportunity. This issue is significant because the Prosecutor in the Valencya Case has effectively assumed the role of Legal Advisor. This study presents a descriptive analysis of normative research within the criminal procedure system. By detailing the placement of legal charges in the Valencya case, a thorough analysis is conducted regarding the Public Prosecutor's authority in determining the legality and the discretion to discontinue prosecution. The Principle of Opportunity justifies discontinuation efforts in charge acquisition, even when clearance requirements are conducted in the replica agenda. While prioritizing legal interests to achieve justice for victims, the principle of legality can be waived, aligning with the concept of restorative justice in the Prosecutor's Office agenda.

Transparency of the Booty Auction at the Jeneponto State Attorney

Transparency of the Booty Auction at the Jeneponto State Attorney

Reverse case in child sexual abuse.

Child sexual abuse is a public health and medico-legal problem in developed and developing countries. Prompted by rare presentations of cases from this issue that change the course and outcome of events, we present the completed criminal-medico-legislative procedure as a contribution to the dynamics of the investigative process from my own many years of forensic practice. Two preschool teachers of late reproductive age from a home for neglected children reported to the State Attorney's Office a former ward of the home, now an older minor, and an auxiliary employee of the same home, for having sexual relations with a two-year-old girl. But the state attorney also ordered an examination of the reported young man, so the reported case that the teachers "saw" penetrative intercourse was rejected by the expert and the state attorney as an action impossible without injuring the girl at that age. Further investigation proved the continuous sexual abuse by two teachers of the young man since he was 13 years old, i.e. for three years, which he did not report for fear that he would be kicked out of the home. He had sexual relations with each of them several times during those incriminated years. After his statement, other employees of the home were questioned as witnesses who confirmed the suspect boy's claims. He was then released from custody, and the teachers were dismissed from their jobs and accused of years of sexual abuse of minors and abuse of their position and authority as competent persons.

From intimate partners to serial killers: Nearly 40 years of female homicides in King County, Washington (1978-2016).

An extreme, known potential outcome of intimate partner violence (IPV) is death, with national data revealing females are more likely to be killed by intimate partners than by others. In a novel pairing, the King County Medical Examiner's Office data management system and the Washington State Attorney General's Office's Homicide Information Tracking System were retrospectively analyzed (1978-2016) with information gathered pertaining to female homicide victims. Analyses show that female victims commonly knew their assailant(s) (79.3%) who were overwhelmingly male (92.8%) and commonly intimate partners (31.4%). Disproportionately represented were Black (20.17%) and Native American (4.25%) females; Asian/Pacific Islander (2.5 times that of Whites) and elderly (24%) females among homicide-suicide deaths; and Asian/Pacific Islander and Hispanic females in cases of IPV. "Domestic violence" was the most cited motive (34.3%) and most assaults occurred in a residence (58.73%). Females under 10 years of age were most commonly killed by a parent or caregiver (42.86%), while those over 70 were most likely to be killed by a child (23.08%) or spouse (21.80%). Serial murders, most commonly by the Green River Killer (80%) but including others, accounted for at least 7% of deaths, with victims notably young and commonly sex workers (68%). As compared to males, females were more likely to be killed by multiple modalities, asphyxia, and sharp force, though IPV-related deaths were more likely to be associated with firearms. This study reinforces the vulnerability of females to IPV, sexual assault, and serial murders as well as to caretakers at the extremities of age.

Management of Digital-Based Mail Product System at The East Barito State Attorney's Office

Today's technological developments are in accordance with the demands of Bureaucratic Reform, where every work unit must change work patterns, namely from conventional work patterns to technology-based work patterns, if previously the performance and postal posts to carry out office administration were carried out manually at this time must be done digitally. The object of this research is the East Barito State Prosecutor's Office in Tamiang Layang. Where the implementation of mail administration has run 85% with an electronic / digital system that is accommodated in the SIPEDE Application (Electronic Mail Information and Disposition System). The performance implementation system and the application of digital mail administration is the implementation of changes in performance weights that were previously physical, but now the presentation of data is virtual and online, this is an advancement in information technology. The research methods used are interviews, observations, documentation, and literature studies. The result of this study is that the waterfall method is a system method and the blackbox method is a system and questionnaire testing method. Programming languages namely PHP (hypertext Preprocessor) and MySQL as database management, then as implementers, of course, qualified human resources are needed and have IT expertise (Computer Institutions) for the implementation and successful use of the technology in question.

Sistem Informasi Pelaporan Lapinhar, Lapinsus, dan Lapbangsit di Kejaksaan Negeri Penajam Paser Utara Berbasis Web

This study aims to analyse the Web-Based Lapinhar, Lapinsus, and Lapbangsit Reporting Information System at the Penajam Paser Utara District Attorney's Office. This information system is a tool for presenting information in such a way that it is useful for the recipient through the services available in this system. The research site was conducted at the North Panajam Paser State Attorney's Office. Data collection methods are observation, interviews. Secondary data of this research is obtained from books, journals, and previous research. The result of this research is that a web-based information system has been successfully developed which aims to simplify the process of reporting and managing data in three important fields in the North Penajam Paser State Attorney's Office, namely Lapinhar (General Criminal Report), Lapinsus (Special Criminal Report), and Lapbangsit (System Build Report). Through careful analysis and design, this information system provides an effective solution in overcoming the obstacles that existed in the previous manual system.