State Attorneys Research Articles

Building Successful Partnerships Between State Health Departments and Attorney General Offices: The Minnesota Example.

In recent years, the Minnesota Attorney General's Office and the Minnesota Department of Health have cultivated a productive partnership to strengthen the state's multidisciplinary response to overlapping health equity and social justice issues. This article describes shared efforts in three areas: post-conviction justice, drug overdose, and human trafficking/exploitation.

State Attorney Law Enforcement in Marriage Annulment and its Contribution to the Development of Family Law in Indonesia

This articleexamines the optimization of law enforcement by prosecutors in annulling marriages and its contribution to the development of Islamic family law in Indonesia. This research is library research, analyzed by descriptive analysis, which is done by describing the existing facts, the method of analysis used is qualitative method, using Gustav Redbruch's theory of legal objectives. The result of this study is that the optimization of law enforcement by prosecutors in annulling marriage is relevant to Gustav Redbrudh's theory of purpose, that the purpose of law is to provide justice, legal certainty and legal benefits. With the prosecutor being given regulatory rules that support his role in enforcing the law in the field of marriage annulment for someone who violates the legislation, legal justice, legal certainty and legal benefits will be created in the community. The researcher's contribution to the development of family law in Indonesia is in the form of a proposal to policy holders, so that regulations are legislated that specifically regulate the technical guidelines that prosecutors are allowed to act directly in marriage annulment applications.Keyword: Optimization, Law Enforcement, Prosecutor; Marriage Cancellation

Uloga Državnoodvjetničkog vijeća u izboru zamjenika državnih odvjetnika – kritička analiza razvoja normativnog okvira i nedostatka strategije

After introductory remarks on the organization, jurisdiction and way of working of the State Attorney’s Council, the study shows how the criteria for the selection of deputy state attorneys have changed from 2009 to the present, as has the prescribed role of the State Attorney’s Council. Issues that are still open as a result of frequent changes to the relevant normative framework and the obvious lack of a strategic approach to this matter are considered. Also, the normative and actual limitations of the State Attorney’s Council’s ability to select candidates who are objectively the most competent in the process of appointing deputy municipal and county state attorneys are critically reviewed. The observed problems related to the criteria for the selection of deputy state attorneys seriously call into question the realization of the principle of impartiality, objectivity and transparency, which should be the basis for the appointment and promotion of deputy state attorneys. Therefore, a systematic and complete review of the procedures for appointing deputy state attorneys and heads of state attorney’s offices is proposed, as well as the establishment of individual responsibility for all those who participate in these procedures.

The Role Of The Prosecutor's Office As A State Attorney In Resolving State Administrative Disputes At The Batuah Market In Banjarmasin City

Abstract Referring to the Prosecutor's Office Law Number 11 of 2021 concerning the Prosecutor's Office, one of the roles of the Prosecutor's Office is as a State Attorney who acts as a mediator or facilitator in disputes or disputes between State Institutions, Central / Regional Government Agencies and BUMN / BUMD in the fields of Civil and State Administration. In accordance with Attorney General Regulation Number 7 of 2021 concerning Guidelines for the Implementation of Law Enforcement, Legal Assistance, Legal Consideration, Other Legal Actions, and Legal Services in the Civil and State Administration Sector. One of the Legal Assistance carried out by the Banjarmasin State Attorney's Office is in the settlement of State Administration Disputes at Batuah Market, Banjarmasin City. Keywords: Role of the Prosecutor's Office, State Attorney, Dispute, State Administration Abstrak Mengacu pada Undang-Undang Kejaksaan Nomor 11 Tahun 2021 tentang Kejaksaan, salah satu peran Kejaksaan adalah sebagai Pengacara Negara yang berperan sebagai mediator atau fasilitator dalam perselisihan atau sengketa antar Lembaga Negara, Instansi Pemerintah Pusat/Daerah dan BUMN/BUMD di bidang Perdata dan Tata Usaha Negara. Sesuai dengan Peraturan Jaksa Agung RI Nomor 7 Tahun 2021 tentang Petunjuk Pelaksanaan Penegakan Hukum, Bantuan Hukum, Pertimbangan Hukum, Tindakan Hukum Lain, dan Pelayanan Hukum di Bidang Perdata dan Tata Usaha Negara. Salah satu Bantuan Hukum yang dilakukan oleh Kejaksaan Negeri Banjarmasin adalah dalam penyelesaian Sengketa Tata Usaha Negara di Pasar Batuah Kota Banjarmasin. Kata Kunci: Peran Kejaksaan, Jaksa Pengacara Negara, Sengketa, Tata Usaha Negara

The Role of State Attorney in Prosecutor's Office of An Effort to Protect State Assets

This article examines the role of the State Attorney in Indonesia within the civil law sector, focusing on the safeguarding and recovery of state assets. With state assets dispersed across various institutions, the risk of losses necessitates adequate asset protection. The research addresses the legal standing and position of the State Attorney in the civil law field, as well as their duties in saving state assets. This paper analyzes applicable legal regulations and compares them with practical applications. Findings reveal that while the State Attorney possesses authority in law enforcement, legal assistance, and other legal actions, challenges impede the complete optimization of this authority. Despite obstacles, the Attorney General, through the State Attorney, plays a crucial role in defending the state's civil rights and securing state assets through civil instruments. The article highlights the need for greater awareness of the Prosecutor's Office in the civil sector, emphasizing its significance in representing the government and protecting state assets.

Chetty v Perumaul (AR313/2020) [2021] ZAKZPHC 66 (21 September 2021) - A cautionary note on the self-inflicted injury of disastrous and careless cross-examination

The Deputy Judge President of the Gauteng Local Division of the High Court recently commented on the functional interrelationship between judicial and legal professional ethics (Sutherland "The Dependence of Judges on Ethical Conduct by Legal Practitioners: The Ethical Duties of Disclosure and Non-Disclosure" 2021 SAJEJ Vol 4, Issue 1 47-64). Sutherland appropriately states that a culture of ethical conduct by legal practitioners is critical to ensure expeditious litigation and just outcomes (Sutherland 2021 SAJEJ 48). Many others also stress the general importance of professional ethics in legal education, practical legal training, and practice. Nonetheless, unprofessional, dishonourable, and unworthy conduct occurs with sufficient regularity to evoke widespread criticism of the legal profession. The Legal Practice Council listed the names of 123 legal practitioners who were either struck off the roll or suspended in 2022 for unethical conduct. The majority of reported violations were variations on well-known themes. Here some legal practitioners neglected to carry out legal work in a competent and timely manner, while others practiced and appeared in court without obtaining a practice management certificate or a Fidelity Fund Certificate. An advocate accepted instructions and payments directly from clients without a brief from an attorney and later used the details of attorneys without their consent. Some reported judgments, however, describe less common or novel examples of unethical conduct, such as defeating or obstructing the course of justice, misleading the court and forgery. In one instance, a legal practitioner placed a matter on an unopposed roll to secure a default judgment by intentionally removing the notice to oppose and the answering affidavit from the court file. This same legal practitioner assaulted and intimidated members of the South African Police Service ("SAPS") and was later interdicted from intimidating, threatening, victimising and harassing members of the SAPS and State attorney's offices.

The 2022 Decision of the Italian Corte di Cassazione on the Brazilian “Great Naturalization” and the Condition of Italian Citizens Resident in Brazil in the late 19th Century

Abstract The so-called Brazilian “Great Naturalization,” stemming from Decree No. 58-A of 1889 and the 1891 Constitution of Brazil provided for the mass naturalization of foreigners residing in Brazil at that time. This measure was heavily criticized by European States, including the then Kingdom of Italy, due to the risk of interference with the citizenship bond of such foreigners with their countries of origin. That measure would indeed, plenty of times, result in the loss or renunciation of original citizenship in case of acquisition of a new citizenship. Against that backdrop, Italy’s Avvocatura Generale dello Stato (Italy’s Office of the State Attorneys) has recently challenged before Italian courts requests for the recognition of Italian citizenship jure sanguinis filed by descendants of Italian emigrants who were in Brazil at the time of the “Great Naturalization”. The issue reached the Corte di Cassazione, which, in Judgment No. 25317/2022, found in favour of the descendants and held that they had not lost Italian citizenship on the grounds of a tacit waiver. This commentary seeks to assess whether the said judgment is in line with the international and Italian legal frameworks governing citizenship rights. To be sure, the conclusion of the Court of Cassation has averted a dangerous precedent, according to which loss of citizenship may occur without an express act of will from its holder.

Confirm Judge Irma Carrillo Ramirez to the Fifth Circuit

The United States Senate must expeditiously confirm United States District Court for the Northern District of Texas Magistrate Judge Irma Carrillo Ramirez, who has definitely earned appointment to the United States Court of Appeals for the Fifth Circuit and will become the appellate court’s initial Latina member. This regional circuit effectively resolves substantial appeals, enjoys a large judicial complement, and certainly possesses a reputation as the nation’s most conservative appellate court. Ramirez, whom President Joe Biden nominated in mid-April, decidedly provides remarkable gender, experiential, ideological, and ethnic judicial diversity and has rigorously served as a Magistrate Judge and Assistant United States Attorney in the Northern District of Texas for practically three decades. The jurist has excelled in law’s upper echelons since 1991. The post that Ramirez will occupy has now been empty for more than one year. Therefore, the Senate needs to promptly confirm the highly qualified, mainstream nominee.

Advocacy for patients with opioid use disorder: A primer for physicians and other clinicians on the Americans with Disabilities Act.

Americans with opioid use disorder (OUD) have a disability that is protected under the Americans with Disabilities Act (ADA). Physicians may observe ADA violations when patients are forced to stop taking medications for opioid use disor-der (MOUD) as part of an entity's blanket policy that prohibits MOUD or when patients are denied medical treatment for various illnesses due to having an OUD diagnosis and/or receiving MOUD. Physicians and patients are likely unaware of how to identify potential ADA violations or what to do when they encounter one. This article will explain the ADA and how its protections are applicable to patients with OUD using several case examples. Physicians will learn to recognize possi-ble ADA violations and how to file a report with the Assistant United States Attorney. The article will outline how previous ADA settlements have addressed barriers to MOUD treatment access and highlight the need for more clinicians to serve as advocates to ensure all public entities and accommodations are in compliance with the ADA as it pertains to patients with OUD.

Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan

Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.

Unintentional Pediatric Ingestion of Cannabis—Addressing a Growing Public Health Risk

This Viewpoint discusses the growing unintentional ingestion of cannabis and copycat products by children and urges clinicians, legitimate cannabis companies, large consumer brands, state attorneys general, and national legislators to provide solutions and education to adult users.

Considerations for state-imposed conditions on healthcare provider transactions.

The widespread consolidation of health systems, hospitals, and physicians has contributed to the high price of healthcare across the United States. While federal antitrust enforcers continue to play an important role in overseeing large mergers, acquisitions, and other consolidating transactions of major healthcare providers, state oversight over healthcare markets is essential to slow consolidation more broadly and address market failures across the country. State laws govern the scope of authority held by state attorneys general and other state agencies to receive notice of, review, and approve, conditionally approve, or block healthcare provider transactions, which can significantly impact the breadth and content of oversight. While blocking potentially anticompetitive transactions can help states maintain any competitive forces that remain in the market, in some situations, approving a transaction with conditions may be the best path forward. Applying conditions to transactions may allow state officials to oversee and govern the behavior of providers post-transaction while states pursue other legislative fixes. Although the use of conditions is a relatively common practice at the state level, little research has been done to explore their use among states. Following a search in all 50 states, this paper examines decisions from state officials imposing conditions intended to address the impacts of transactions on healthcare price, access, and quality and provides recommendations for the effective use of conditions moving forward.

Feminine leadership and juvenile justice outcomes: The Florida experience

AbstractIn this paper, we ask whether female top law enforcement officials can steer justice provision on the ground. While prior research has documented that female street‐level bureaucrats advance the interests of their female clients, we know little about how female leaders influence the distribution of street‐level outcomes. This study draws on juvenile justice and inquires whether youth arrests and prosecutions vary as a function of the sheriff's and state attorney's sex. We expect counties and circuits led by female sheriffs and state attorneys to experience fewer youth arrests and prosecutions than those led by men, especially among female and minority offenders. Data from Florida's 67 counties between 2015 and 2020 reveal that women's leadership is associated with less severe outcomes for all young offenders, not just females. We also find that gender and feminine leadership theories hold more explanatory power in this context than representative bureaucracy and gendered organizational socialization.

The Right of Ownership and Legal Protection in Kosovo’

Background: The Republic of Kosovo is a country located in Southeast Europe with partial diplomatic recognition. Kosovo declared its independence on 17 February 2008, and has since gained diplomatic recognition from 116 member states of the United Nations. On 22 July 2010, the International Court of Justice rendered an advisory opinion on the legality of Kosovo’s declaration of independence, which was not in violation of neither general principles of international law, nor specific international law. In 2022, Kosovo filed a formal application to become a member of the European Union. In the Republic of Kosovo, the Constitution is the highest legal act. Laws and other legal acts shall be in accordance with this Constitution. Civil law is not codified but divided into separate laws. The property right is regulated by the Law on Property and Other Real Rights Law No. 03/ L-154. Property rights and other real rights in the Republic of Kosovo originate from this law. Keeping this in mind, in our article, we are going to highlight the range of problems related to property rights’ regulation and protection, including gaps in primary and secondary legislation, analysing case law, courts, state attorneys, and administrative authorities’ activities. Methods: In this paper, we analyse the institution of property rights. We used comparative and analytical methods based on the current legislation in Kosovo, utilising resources from the former Yugoslavia. Additionally, we used some historical methods to derive concrete results. Kosovo has inherited the relics of the former Yugoslav legal system; building a new system is a challenge in and of itself. In the context of property law in general, its legal protection is crucial for the owner to use and dispose of his property. Results and Conclusions: With the knowledge that the institution of property law is one of the main institutions of civil law, and is the fundamental institution of real law, we have analysed this law institution as a constitutional principle, regulated by special laws in Kosovo. Additionally, given the importance of the property institution, Kosovo has adopted laws that protect property rights, enjoying civil legal protection, criminal legal protection, and international protection. These laws should be in accordance with the country’s Constitution, with international human rights instruments, as well as with EU legislation.

ALGORITHMS, ADDICTION, AND ADOLESCENT MENTAL HEALTH: An Interdisciplinary Study to Inform State-level Policy Action to Protect Youth from the Dangers of Social Media.

A recent Wall Street Journal investigation revealed that TikTok floods child and adolescent users with videos of rapid weight loss methods, including tips on how to consume less than 300 calories a day and promoting a "corpse bride diet," showing emaciated girls with protruding bones. The investigation involved the creation of a dozen automated accounts registered as 13-year-olds and revealed that TikTok algorithms fed adolescents tens of thousands of weight-loss videos within just a few weeks of joining the platform. Emerging research indicates that these practices extend well beyond TikTok to other social media platforms that engage millions of U.S. youth on a daily basis.Social media algorithms that push extreme content to vulnerable youth are linked to an increase in mental health problems for adolescents, including poor body image, eating disorders, and suicidality. Policy measures must be taken to curb this harmful practice. The Strategic Training Initiative for the Prevention of Eating Disorders (STRIPED), a research program based at the Harvard T.H. Chan School of Public Health and Boston Children's Hospital, has assembled a diverse team of scholars, including experts in public health, neuroscience, health economics, and law with specialization in First Amendment law, to study the harmful effects of social media algorithms, identify the economic incentives that drive social media companies to use them, and develop strategies that can be pursued to regulate social media platforms' use of algorithms. For our study, we have examined a critical mass of public health and neuroscience research demonstrating mental health harms to youth. We have conducted a groundbreaking economic study showing nearly $11 billion in advertising revenue is generated annually by social media platforms through advertisements targeted at users 0 to 17 years old, thus incentivizing platforms to continue their harmful practices. We have also examined legal strategies to address the regulation of social media platforms by conducting reviews of federal and state legal precedent and consulting with stakeholders in business regulation, technology, and federal and state government.While nationally the issue is being scrutinized by Congress and the Federal Trade Commission, quicker and more effective legal strategies that would survive constitutional scrutiny may be implemented by states, such as the Age Appropriate Design Code Act recently adopted in California, which sets standards that online services likely to be accessed by children must follow. Another avenue for regulation may be through states mandating that social media platforms submit to algorithm risk audits conducted by independent third parties and publicly disclose the results. Furthermore, Section 230 of the federal Communications Decency Act, which has long shielded social media platforms from liability for wrongful acts, may be circumvented if it is proven that social media companies share advertising revenues with content providers posting illegal or harmful content.Our research team's public health and economic findings combined with our legal analysis and resulting recommendations, provide innovative and viable policy actions that state lawmakers and attorneys general can take to protect youth from the harms of dangerous social media algorithms.

Collaborators of Justice: Consensual Procedural Forms Serving Probative Purposes Analysed Through Practitioners’ Experiences in Croatia

Abstract This paper presents the research results of Croatian practitioners’ experiences in applying consensual forms which serve probative purposes. The aim of the research was to find out, through the qualitative analysis of practical experiences obtained through semi-structured interviews with 60 practitioners in criminal justice system – 20 judges, 20 state attorneys and 20 defence attorneys, and then through discussions in four focus groups, how measures of rewarding collaborators of justice are applied in practice. The focus was on procedural tools which may be used to ensure respect of the principle of legality and the lawful application of the principle of discretionary prosecution, as well as on judicial control, which should efficiently prevent “mixing the procedural roles” of the accused and the witness. Particular attention was paid to the emergence of informal agreements, which puts into question the whole concept of regulated consensual forms serving probative purposes. An analysis of the practical experiences of different stakeholders reveals the existing deficiencies of normative regulation and applied practices.

CUNY Settles Claim of Student with Vision Impairment

The U.S. Department of Justice, through the United States Attorney for the Southern District of New York, has reached a voluntary compliance agreement with the City University of New York. This agreement requires CUNY to prepare and implement systemwide policies to ensure improved accessibility of educational content, proper training of staff and facility, and effective modifications and auxiliary aids and services (https://bit.ly/3OD3icq).

Women's sexual abuse: forensic-gynecologic expertise experiences.

Women sexual violence as a gynecological, social-criminological and gynecological problem has no declining trend in developing and developed countries, including in Croatia. From my own 23-year forensic-gynecological expertises practice, along with the results of legally completed examples of sexual abuses, as a contribution to this problem, which is also read from other works. Of the cases of sexual abuses (n= 31) with a median age of 37 years, gynecological-forensic expertise proved and confirmed 67.7% of sexual abuses criminal cases with a significant problem of inadequate primary gynecological procedure, most often due to insufficient gynecological examination and medical documentation in high 64.5%, as well as late sexual abuses report in 51.6%. Of all cases of sexual abuses, 6 (19.4%) required primary surgical care due to bleeding and lacerations of the genitals, there were no reported cases of sexual abuses in pregnancy, and no deaths related to sexual abuses. The problems that can affect the forensic-gynecological evaluation of sexual abuses victims are: inadequate and insufficient primary medical documentation immediately after sexual abuses, late reports of sexual abuses, after several days, months and years in the reproductive age of women, with a late primary examination and an almost difficult to prove objective gynecological examination and inadequate education of gynecologists in primary examination. In conclusion, it should be mentioned that the mentioned medical problems can be solved by constant education of all professional medical participants, permanent court experts with experience, coordination and subordination of expert gynecological and forensic societies in cooperation with the state attorney's office, courts and police, and social service.

Judgment Based on Agreement of the Parties: Analysis from the Perspective of Practitioners’ Experience in Croatia

The paper contains an analysis of judgments based on agreement of the parties, a Croatian model of plea bargaining, drawing on the experiences of three groups of practitioners: judges, state attorneys, and defence counsels. Previously conducted comparative legal analysis, as well as analysis of the Croatian normative framework and jurisprudence, was not able to provide answers to a number of questions about the motivation of the parties to negotiate, on the negotiation procedure which is not recorded in the protocol, about the real and the ideal role of the court, and about the real position of the parties and the victim. Hence, these issues were researched through semi-structured interviews with 60 practitioners and then further discussed in four focus groups. Some of the findings uncovered systemic inconsistencies in everyday legal practice in a number of areas. For instance, judgment based on agreement of the parties is more readily used in cases of serious offences, while other consensual forms of proceedings tend to be used for less serious offences. Informal negotiations at all stages of the criminal procedure have proven to be very popular with practitioners and sometimes even encouraged by judges. Yet, the issue of judicial control of the plea agreement divided the respondents, even though the right to judicial review of criminal prosecution is a fundamental principle of Croatian criminal procedure, which covers not only the fundamental issues of legality and voluntariness of the concluded agreement, but also the purposefulness of the proposed sanction. The victim’s position in the plea-bargaining procedure is considered to be adequate, at least as long as the victim is involved, and there is a tendency to consult the victim even in cases when his or her consent is not required by law. Finally, although it is generally considered that defence rights are well protected, there are problematic issues, namely tariffs or the ‘take it or leave it’ offer, as well as the wide discretion of the state attorney when deciding to enter into negotiations and reach agreement. The qualitative analysis of the findings, which is presented in this paper, should contribute to drafting specific proposals for improvements in the legislation and practice of the judgment based on agreement of the parties in Croatian law. Many of these findings may also be relevant for other legal systems, especially those of the continental European legal tradition, since they may face the same problems and questions related to plea bargaining as a global phenomenon.

Underage Sales of Tobacco in Dollar Stores and Top Grocery Stores, 2015–2020, U.S.

Youth access to tobacco in retail settings remains a pressing public health concern and may vary across retail corporations. This study compares underage sales violation rates in tobacco-selling dollar store corporations-a rapidly growing retail segment where cheaper tobacco prices may appeal to youth-with rates in other major grocery corporations. In 2021, U.S. Food and Drug Administration data (N=64,059 inspections) from January 2015 to March 2020 were used to compare underage tobacco sales in the two major tobacco-selling dollar store corporations, Dollar General and Family Dollar, with sales in major grocery corporations: Albertsons, Delhaize, Kroger, Publix, and Walmart. Generalized linear mixed models controlled for neighborhood characteristics. Post hoc analyses examined whether the corporation with the highest violation rate was more likely to be in neighborhoods with higher proportions of racially minoritized residents, socioeconomic disadvantage, or rural status. Family Dollar failed 12.1% of underage sales inspections. All other corporations had a significantly lower likelihood of selling tobacco to an underage buyer than Family Dollar. This significant association persisted after controlling for neighborhood characteristics. Family Dollar locations were associated with being in neighborhoods with higher proportions of racially minoritized residents and greater socioeconomic disadvantage. Regulating corporate behavior is necessary to reduce underage access to tobacco in dollar stores and address place-based inequities in youth tobacco access. Increasing the use of U.S. Food and Drug Administration no-tobacco-sale orders and Assurances of Voluntary Compliance, which provide a mechanism for state attorneys general to engage with tobacco retailers regarding enforcement of minimum legal sales age laws, may help to reduce youth tobacco access in retail settings.