Artigos de revistas sobre o tema "Criminal procedure, west virginia"

Introduction: Crime is a social symptom of society. Crime grows and develops along with the growth and development of society. Policies in the use of criminal law are closely correlated with criminalization.Purposes of Devotion: Provide understanding to the community in Kilo 9 Village, Kawatu Hamlet, West Seram Regency (SBB), about the mechanism of handling cases of general crimes in Criminal Procedure Law. Method of Devotion: Conducting surveys and discussions to obtain the information needed and set goals in socialization activities. At the preparatory stage is also carried out preparing the material.Results of the Devotion: The implementation of community service activities in the village of RTKilo 9, West Seram district (SBB), can be found and it is known that the mechanism of handling cases in Criminal Procedure Law, including; preliminary examination stage examination stage in the trial, the stage of Criminal implementation, especially criminal Agency of Inter-Institutional Relations in the process of resolving cases and criminal case settlement Model according to Restorative Justice, consists of Victim-Offender Reconciliation or Mediaton Programs (VORP), Sentencing circles or Healing circles, and Prisoner Assistance Programs.

Three recent opinions issued by the United States (US) Supreme Court suggest the possibility of a new interpretation of key drug enforcement provisions in the Controlled Substances Act of 19701 (CSA) affecting prescribers of controlled substances. Applying the Court's holdings in Xiulu Ruan v. US,2 Dobbs v. Jackson Women's Health Organization,3 and West Virginia v. Environmental Protection Agency4 to the Department of Justice's and the Drug Enforcement Administration's overreaching enforcement of the CSA, this paper contends that Congress should amend the CSA and rectify the broad misapplication of the law to the practice of medicine.

Referring to Article 185 paragraph (7) of the Criminal Procedure Code which in essence explains that "the testimony of witnesses who are not sworn eventhough in accordance withone another, does not constitute evidence, but if the statements are in accordance with statements from sworn witnesses, it can be used as additional tools other valid proof. This raises problems in the level of practice when the childis confronted as a victim of an immoral crime, usually there are no witnesses who see and hear the criminal events committed by the perpetrator sofcrime. Instead, there is only child (not yet capable of law) as a witness who experienced the crime. However, the child's information is only used as a guide or only used to streng then the belief of the Judge because the information given by the child is considered not to meet the requirements as a witness information according to the Criminal Procedure Code. In this regard, we can see and analyze the judges' judgmentrelated to the power of proof of children witness from victims within immoral criminalaction in the jurisdiction of West Pasaman District Court. The formulation of the problem in this study is How is the power of witness information by victim's child in the case of immoral crime in the jurisdiction of the West Pasaman District Court ?. This research is a normative juridical research through case approach, law approach and conceptual approach. This research is descriptive. The results showed that The power of proof of witness information by victim'schild in immoral acts has diverse legal force. First, it is based on whether a Victim's Child can be sworn in court, so that the information by victim's childis recognized to have the same legal force as the witness's statement in the event that the victim's child can be sworn in providing information. Second, the information by the victim'schild Streng thens the judge's conviction or atleast provides guide for the judge to support the evidence of alleged criminal acts of immorality. Third, the judge did not judge the information by the victim's child to have the power of proof be cause it was considered to be incompatible and independent.

Justice is fundamental in every nation building process as most nations have prioritised criminal justice system in which criminal sanctions and incarcention are inherent. To operational this form of justice, some nations especially Cameroon have enacted legal texts to ease its implementation notably, the penal code and the New Criminal Procedure Code. Contrary to criminal justice, restorative justice which is based on making amends is a key feature of African culture. This paper therefore aims at analysing aspects of Papiackum Witticism as speech acts to show the relationship between criminal offences and restorative justice. From the theoretical praxis of Functionalism, this paper operates on the premise that in Papiackum worldview, the concept of restorative justice is highlighted via its norms and values when criminal behaviours are proven. The Papiackum is a speech community in the Ngoketunjia Division, North West region of the Republic of Cameroon.

Prosecutor's Guidelines Number 1 of 2021, concerning Providing Access to Justice for Women and Children Involved in Criminal Proceedings, is significant progress in strengthening legal protection for victims of violence, especially in the West Sumatra Province, Indonesia, where law enforcement officers are concentrated. In the past, criminal procedural law seemed to primarily regulate the safeguarding of the rights of offenders, as mandated by Law Number 8 of 1981 regarding Criminal Procedure. In contrast, recent legal developments and breakthroughs, exemplified by this Guide, indicate a significant shift in focus toward protecting victims and witnesses, thereby overcoming the phenomenon of victimization. This article discusses problems in investigations carried out in the jurisdiction of Padang, Bukittinggi, Payakumbuh, Batusangkar, Pesisir Selatan, Pasaman, and Pariaman District Attorneys. Initially, an overview of the circumstances surrounding the issuance of Guideline No. 1 of 2021; then a study will be carried out on the application of the principles of protection of children and women in the prosecution process throughout the region; and finally, the development of legal protection models to ensure that children and women victims of violent crimes have access to justice. The research method used is sociological, legal research with a descriptive approach, utilizing primary and secondary data. This research finds an effective model of legal protection for women and children victims of violent crimes so that they can access justice in the criminal legal process. Therefore, it is recommended that law enforcement agencies have a deeper understanding of legal protection for victims of violence and contribute to increasing access to justice for women and children in criminal cases in the jurisdiction of the West Sumatra High Prosecutor's Office.

Efforts to Determine Locus Delicti The crime of cutting down trees without permission in the Maninjau Nature Reserve at the Investigation Stage by the Agam Police Unit is to fulfill the material elements of the criminal law regulations that are violated, namely the prohibited act is logging in the prohibited area as contained in Article 82 paragraph (1) letters b and c. In West Sumatra there is a customary community unit that has power over land known as ulayat land. The location where the felled timber is known as the determination of Locus Delicti in forestry crimes. Constraints in Determining Locus Delicti Timber Theft in the Maninjau Nature Reserve at the Investigation Stage by the Criminal Investigation Unit of the Religious Police is a legal factor in which the Criminal Procedure Code (KUHAP) does not regulate with certainty and clearly the method or theory used to determine locus delicti. a criminal act. Another internal factor is the human factor (law enforcement officers), in this case the Police investigator who does not have special expertise in determining the location of the crime of illegal logging, so it requires expert information. Community members are reluctant to be witnesses.

The termination of prosecution in Erna Wilis’s case with Case Register Number PDM-44.SPEM/Eoh.2/07/2020 at the West Pasaman District Attorney Office, the author analyzes the basic considerations of the Public Prosecutor in implementing Restorative Justice, the suitability of the termination of the prosecution with the Prosecutor's Regulation (PERJA) Number 15 of 2020 concerning the termination of prosecution based on restorative justice and the obstacles faced by the Public Prosecutor. The research uses empirical juridical research methods with analytical descriptive studies using primary and secondary data. From the results of the analysis, it was concluded that the consideration of the Public Prosecutor was to apply Restorative Justice based on Article 14 of the Criminal Procedure Code letter h. Article 140 paragraph (2) letter a of the Criminal Procedure Code and Article 3 paragraph (2) letter e of PERJA Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The termination of prosecution is in accordance with PERJA Number 15 of 2020 substantively and the obstacles faced lie in the suitability of the timing of the termination of prosecution based on restorative justice.

Fungal sinusitis has been seen increasingly in immunocompetent individuals. The literature has stressed the importance of diagnosing these cases. Surgical debridement is the treatment of choice. Six immunocompetent individuals with allergic fungal sinusitis were seen at West Virginia University between January 1992 and December 1993. After adequate evaluation, endoscopic surgical debridement was performed. After surgery they were treated with systemic or topical steroids and oral antibiotics for several weeks. Two patients required a second procedure within a year. Four of our six patients had positive fungal cultures for Aspergillus or Curvularia. None of our patients had evidence of invasive disease on histopathology, and systemic antifungal therapy was not required. Patient course and response will be discussed in detail along with a brief review of allergic fungal sinusitis.

The least understood aspect of the punishment of crime in pre-nineteenth-century Spanish society is trial procedure. This is not surprising. Our misapprehensions and misinterpretations of the past are principally the product of eighteenth-century reality being sieved through an uncritical acceptance of nineteenth-century political criticism. The West inherits much of its modern paradigm from the Spain of 1808 to 1834, from Romantic images of Goya as the enlightened individual fighting obscurantism to portrayals of heroic guerrilla patriots seeking to wrest political reform from a reactionary central government. It also inherits, although less consciously, the political rubrics of liberal and conservative (and absolutist) from nationalist polemics during the 1808–1814 French occupation. When looking back half a century later, Spaniards wanted to distinguish themselves clearly from the past.

The Corruption Eradication Commission (KPK) revealed the corruption case committed by Juliari P Batubara and 4 other people related to the procurement of Social Aid (BANSOS) for handling COVID-19. As many as 18 residents of West Jakarta and North Jakarta through the YLBHI victim advocacy team filed a combined lawsuit for compensation for the corruption case against Juliari P Batubara. This study aims to analyze the position of the victim in a corruption case and analyze the rejection of a claim for compensation in the corruption case of Juliari P Batubara by using progressive legal theory. This is a normative legal research that uses case, statutory and conceptual approaches. This study concludes that the position of the victim in a corruption case is divided into 2 types. That is, the direct victim is the state and the indirect victim that is subsequently divided into two more, namely the indirect an sich victim which is the community and the victim of reports on someone suspected of committing a criminal act of corruption. In the view of progressive law, the panel of judges examining the corruption case of Juliari P Batubara was shackled by legalistic-positivistic thinking in applying the provisions for merging cases contained in the Criminal Procedure Code. The panel of judges did not see that the lawsuit for compensation filed by the community was an attempt to obtain their full rights, bearing in mind that corruption was perpetrated against BANSOS funds in the face of the non-natural national disaster COVID-19 which caused a decline in people’s purchasing power and even a weakening of the national economy. This research suggests reformulation of Articles 98 – 101 of the Criminal Procedure Code regarding merging cases for compensation claims, so that procedures are simplified and accelerated recovery of victims of criminal acts can be achieved.

This article examines the controversial period of emergence and development of restorative justice in Russia. This domestic experience is compared with the modern European understanding of restorative justice and its fundamentals. It is acknowledged that our country has an interesting experience of restorative justice, documented in the Restorative Justice Herald and other documents, which we can be proud of thanks to the actions of a team of like-minded people in more than 30 regions of the country. But there are also difficulties. The attitudes towards restorative justice on the part of the authorities, law enforcement agencies and academia are analyzed. Attention was paid to the discussion of the model legal regulation of the concept of reconciliation in criminal proceedings, which took place on April 22, 2022 at the Department of Criminal Procedure of the North-West Branch of the Russian State University of Justice. As the social response of civil society to crime, restorative justice is based on fundamentally different principles from state governance. Such work requires a fundamentally new way of thinking and working. It is concluded that restorative justice in Russia is wrongly restricted. Comments are made on the model of legal regulation of conciliation in criminal proceedings from the perspective of the essential nature of restorative justice.

Modern society requires transportation in carrying out various activities. However, in reality, traffic accidents are a major source of death caused by various factors. This study aims to identify: 1). How is the implementation of Law no. 22 of 2009 concerning Road Traffic and Transportation; 2). What factors are the dominant aspects that trigger the formation of traffic accidents; 3). How are law enforcement efforts related to traffic disaster problems in the West Jakarta area. This research procedure is normative juridical which focuses on research objects of laws and regulations, with research on the problem of law enforcement efforts on traffic disaster problems in the West Jakarta area. Research result; 1). There are several articles in the implementation of Law no. 22 of 2009 which is a potential source of traffic violations 2). the dominant aspects that trigger the formation of traffic disasters in the West Jakarta area are; human negligence, lack of control over traffic signs, vehicles that exceed standard capacity, as well as cause and effect in nature; 3). Law enforcement against traffic violations is tried in an innovative way, namely on-site justice with the principle of implementing the Criminal Justice System.

Electoral justice can be seen from at least two important aspects, namely the procedure of the election implementation and the mechanism for resolving election-related offences. Election-related offences are understood as actions that are contrary to the provisions of laws and regulations relating to elections. One of the said election-related offences is resolved through the District Court. However, reflecting on the completion of criminal acts in the 2019 legislative elections, electoral justice has not been successful. Of all the decisions of the District Courts in Yogyakarta and West Sumatra that have been analyzed, all of them issued probation to the perpetrator, regardless of the position of the perpetrator, the type of crime, and other aggravating reasons at trial. This study looks at the tendency of judges in deciding cases of election criminal violations and encourages the optimization of electoral justice in these decisions. This normative legal research emphasizes the use of secondary data, especially the decisions of District Court judges in Yogyakarta and West Sumatra. The results of the study show that first, the tendency of decisions to give very light sentences to perpetrators. Second, electoral justice has not been optimally obtained through the District Court because of the lightness of the sentence issued. This is because judges only consider the juridical aspect alone, without seeing the election as a real implementation of the sovereignty of the people as well as various other philosophical and sociological considerations.

ABSTRACT Corruption is a crime that is growing in various forms. So corruption needs to be eradicated as early as possible to its roots. Institutions that have the authority can carry out their responsibilities based on a legal system approach in order to take efforts and actions to eradicate criminal acts of corruption, including the Prosecutor's Office in the form of investigations. An investigation is a series of actions by an investigator in terms of and according to the method regulated in this law to seek and collect evidence which with that evidence makes clear about the criminal act that occurred and in order to find the suspect. The Legal Basis for Prosecutors in Carrying Out Investigation Authorities Against Criminal Acts of Corruption in essence, namely: Law Number 16 of 2004 concerning the Prosecutor's Office, Law Number 31 of 1999 concerning Eradication of Corruption Crimes based on Law Number 20 of 2001 concerning Amendments to Laws -Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, and the Criminal Procedure Code. Normatively, the relationship with the prosecutor's authority is regulated by Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Based on Article 1 point 1 of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, it is stated that the Prosecutor is a functional official who is authorized to act as a public prosecutor and implementer of court decisions who have obtained legal force and other powers based on the law. In terms of exercising authority over criminal acts of corruption, based on Article 30 of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, the duties and authorities of the Prosecutor's Office are, among others: Paragraph 1 letter d, Conducting investigations into certain criminal acts based on the law and letter e. The application of the investigative authority carried out by the prosecutor against the perpetrators of criminal acts of corruption in the jurisdiction of the Indramayu District Attorney's Office, West Java Province. the existence of allegations of criminal acts of corruption in essence the procedures carried out in accordance with the provisions determined by the Criminal Procedure Code which are based on Article 183 and Article 184 regarding the acquisition of evidence in order to prove the existence of a criminal act. The implementation of the process is adjusted to the performance of the procedures, functions and duties of the Indramayu District Attorney's Office, including; the investigation stage is carried out by the Intelligence Unit and follow-up to the performance of the investigation, namely the investigation is carried out by the Special Crimes Unit, which then carries out efforts and actions including; summoning or requesting witness statements, collecting written evidence, requesting information from suspects and asking for expert advice.

Purpose The purpose of this paper is to analyze lean strategic practices being implemented in manufacturing facilities throughout Pennsylvania and West Virginia and identify the difficulty in implementing those lean practices. Design/methodology/approach A skip logic questionnaire was developed into multiple sections for analysis; demographics of respondents, identification of the knowledge and practice of lean methods, interpretation of lean application, strategic direction of lean methods, measurements of expertise, and difficulties for practicing lean. The questionnaire was sent to 327 manufacturing facilities where 51 usable responses were collected for the study. Findings Lean manufacturing is a widely recognized and practiced business philosophy as a significant percentage of manufacturers have implemented some variation of practice. However, the extent of knowledge does not mirror awareness. The application of lean manufacturing practices is not readily appropriate for every company, but adopting the concept of customer-focussed waste reduction to maximize value can be universally applied as waste reduction was the most prominent practice pursued. Lean practitioners found that poka-yoke and installing new process equipment have the highest degree of benefits from implementation while 5S and eliminating waste were the least difficult practices to implement. In general, the management personnel of the companies have an influential effect on lean manufacturing pursuance. This is illustrated by the fact of high agreement between facilities that resistance to change from employees is the most prominent difficulty for implementation followed by limited technical knowledge of lean manufacturing at operational and conceptual levels. Research limitations/implications The research findings are from a subset of manufacturing companies in Pennsylvania and West Virginia and may not represent all of the companies on a national level. The results must be interpreted in the context of the data acquisition approach due to the extent of the sample size involved, the procedure for how data were collected, and assuming that each lean strategic practice has the same weight to calculate the facility lean index. Practical implications The results provide insight about the effect of facility size and years of lean practicing for various lean strategic practices. The most beneficial and least difficult lean strategies, their implementation level, and the real challenges for implementing lean were also identified to help both lean practitioner and non-practitioner for the lean journey. Originality/value The research investigates current lean strategic practices pursued by manufacturers throughout Pennsylvania and West Virginia and identifies obstacles to implementation of lean practices. Lean manufacturing is widely sought after as a continuous improvement program, but success is divided. This study characterizes lean manufacturing comprehension while identifying knowledge areas of strengths and deficiencies. There lacks an established structure for lean practices to pursue. Therefore, this study provides manufacturers a measure for comparing their position for refined decision making.

Abstract Most cow/calf operations in West Virginia are small scale (<100 cows) and calves from multiple operations must be comingled to form marketable lots. Criteria used to establish sale lots are weight, hide color, and USDA feeder cattle grade (FCG). The objective of this study was to determine the impact of hide color and FCG on calf gross sale value (GSV). Results of graded feeder calf sales from fall 2016 (N = 16) and fall 2017 (N = 18) were analyzed totaling 23,859 calves marketed as 2,507 lots. Calves were stratified by sale weight: 136-181 kg (3WT), 182-226 kg (4WT), 227-271 kg (5WT), 272-317 kh (6WT), and 318-362 kg (7WT); hide color: black (BLK) or colored (NBLK), and FCG: LM1, LM2, and non-graded consignor group (CG). Data were analyzed using the PROC GLM procedure of SAS with year and lot size (LS) as covariates. Although numerical differences in GSV existed in the 3WT, 5WT, and 6WT groups ($31.58, $15.00, $11.29/head greater for BLK calves, respectively), only 4WT BLK calves were valued significantly more ($577.22 vs $547.13, respectively; P < 0.01). No value difference was detected in 7WT calves based on hide color. With respect to FCG, no statistical difference was observed in GSV of 3WT and 6WT calves although LM1 3WT calves had a numerical value advantage of $27.73/head and $35.17/head over LM2 and CG calves, respectively, while LM1 6WT calves had a $30.05/head value advantage over LM2 6WT calves. In 4WT and 5WT classes, LM1 calves were valued higher than LM2 calves ($33.75 and $56.96/head, respectively; P < 0.01). Conversely, 7WT CG calves were valued higher than both LM1 ($888.68 vs $838.85/head, P = 0.08) and LM2 calves ($888.68 vs $799.25/head, P < 0.001). Across all weight classes, LM1 calves exhibited a numerical advantage of $37.62/head when compared to LM2 calves indicating optimum FCG is more valuable regardless of weight class. These data also indicate that hide color is less impactful on GSV as sale weight increases.

Abstract While transgender and gender diverse (TGD) people may never seek treatment related to their gender identity, many require access to gender-affirming treatments, including surgery. Starting in 2014, Medicare began covering gender-affirming surgery (GAS) on a case-by-case basis. In this study, we use national Medicare data to compare receipt of GAS by beneficiary characteristics. We classified TGD beneficiaries using an algorithm that combines diagnosis and procedure codes. Our study compared characteristics for all TGD identified beneficiaries and those who received GAS using a population-averaged logistic model using a generalized estimating equation (GEE) adjusting for dual status, age group, race/ethnicity, original reason for entitlement, and CMS region. Our sample accounted for 49,945 observations for 11,162 individuals, with a total of 290 identified records of GAS. In our adjusted analysis, we found that TGD beneficiaries in certain parts of the country had lower odds of GAS compared to their counterparts. Compared to CMS Region 1 (which includes Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont), those living in Region 3 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia), Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee), and Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas) had a significantly lower odds of receiving GAS. Access to gender-affirming care may be influenced by CMS regional contractors, as well as state-by-state variation in Medicaid coverage for gender-affirming care. Further research is needed to explain why beneficiaries may have lower access to GAS to inform policy recommendations.

This project presents a new approach to analyzing geographical patterning in vowel variation that combines discrete cosine transforms (DCTs) with cluster analysis. It offers a means of reducing bias from analyses of geographical patterning in vowel variation. DCT0 and DCT1 capture the overall position of vowels in the vowel envelope and DCT2 adds information about curvature. To mitigate anomalies, these metrics are based on numerous tokens and measurement points. Cluster analysis can then be applied to the DCT data to indicate which speakers are most similar without predetermined groupings. The procedure suggests how vowel realizations are correlated with geographical divisions, if at all, within the area covered by a dialect survey. Here, we apply DCTs and hierarchical clustering to a corpus of speakers born 1970 or later and covering eastern Ohio, West Virginia, and western North Carolina. The results align only partially with isophones from earlier dialect surveys. Analyses of individual vowel phonemes typically exhibit considerable intermixture of forms; clearer geographic patterns emerge primarily when multiple vowels in named chain shifts are considered together. Recent dialect leveling appears to play a role in the paucity of distinguishable regional patterns.

Abstract Parasitism in weaned calves and anthelmintic resistance can negatively impact performance and reduce profitability. To better understand anthelmintic resistance, bulls were evaluated for fecal egg count (FEC) at performance test facilities in Virginia and West Virginia. Over a two-year period, 532 Angus bull calves were tested at bull development facilities in Wardensville, WV (n = 274), Culpeper, VA (n = 167), and Wytheville, VA (n = 91). Fecal samples were collected upon arrival and 14 d later, representing the warm-up or transition period. At arrival, bulls were treated with either albendazole (Wardensville) or moxidectin (both VA tests). Data were analyzed via the general linear model of SAS with fixed effects of station and year. Correlation analysis of arrival FEC and transition ADG was analyzed using the correlation procedure in SAS. The average FEC reduction (FECR) in bulls at Wardensville was 98%; whereas, FECR at Culpeper and Wytheville was 46% and 16% respectively. Average FEC of bulls at Wytheville, Culpeper and Wardensville were different (P &lt; 0.05) after treatment and had a FEC of 133, 51, 3 eggs/g, respectively. Transition ADG favored bulls from Wardensville and Culpeper (2.43 and 2.31 kg/d; P &gt; 0.05) where bulls at Wytheville had lower ADG compared to either station (1.03 kg/d; P &lt; 0.01). Correlation between arrival FEC and transition ADG was negative for bulls in Wardensville (-0.22; P = 0.0003). This same response was not observed at other stations. Lack of a correlation was most likely due to infection level being so low that abundant feed resources masked effects of parasitism, or parasitism was so great that all cattle transitioned poorly. Nonetheless, these data clearly demonstrate the efficacy of albendazole in significantly reducing fecal egg output in bull calves and identify potential resistance to moxidectin.

It is proved that preventive detention is one of the specific measures to ensure criminal proceedings, which was introduced in connection with the beginning of the anti-terrorist operation in Ukraine. It is stated that the existing gaps and inconsistencies in the legislation on preventive detention create significant risks of human rights violations, as well as reduce the effectiveness of ensuring the rights of persons to whom it can be applied, create preconditions for declaring evidence inadmissible. The purpose of the article is to obtain scientific results in the form of theoretical provisions for preventive detention and the formulation of proposals to improve existing legislation. The article analyzes the norms of the legislation governing the issue of preventive detention, draws attention to the inconsistencies of the norms of various legal acts, the existing gaps in the regulation of the grounds, terms and procedure of preventive detention. It is proved that the normative should be clearly defined: the concepts, grounds and conditions of preventive detention, its procedure. Based on the study, the author proposed amendments to the current CPC in order to improve the regulations of the institution of preventive detention. It is stated that the term “preventive detention” is not relevant to the meaning of the precautionary measure, which is understood by it. The author’s definition of “exceptional detention in the area of anti-terrorist operation / environmental protection” is offered. It is proposed to include in paragraph 2 of Chapter 18 of the CPC of Ukraine the article “Exceptional detention in the area of anti-terrorist operation / environmental protection” defining the concept, grounds and conditions of preventive detention, the procedure for obtaining permission for preventive detention, west; determination of the rights and guarantees of their realization by the detained person; the procedure for judicial control, determination of the status of property seized during a personal search and terms for its arrest.

The Circular Letter of the Chief of Police Number: SE/7/VII/2018 concerning the termination of investigations is a rule made to fill a legal vacuum regarding the termination of investigations within the Police. This rule regulates the mechanisms and rules for stopping investigations that have been carried out to answer the community's need for legal certainty for reports that have been made previously. Legal certainty in the investigation process if the report or complaint previously made does not meet the criminal element or there is not enough evidence then the investigation must be stopped, answering the cessation of the investigation is published in the Internal Police Circular Letter Number: SE/7/VII/2018 concerning the termination of the investigation. also occurred within the West Sumatra Regional Police. This research is a descriptive analytical research. The approach used in this study is a normative juridical approach which is supported by an empirical juridical approach. The data used in this study are secondary data and primary data. All data and materials obtained from the research results were compiled and analyzed qualitatively, and presented in a qualitative descriptive form. From the results of the research, it can be explained that the urgency of SP2Lid as the implementation of the issuance of Circular Letter Number: SE/7/VII/2018 in the process of investigating criminal acts is that to fill the legal vacuum regarding the mechanisms and procedures for stopping investigations that are not regulated in the Criminal Procedure Code, as well as being instructions regarding procedures for implementing the requirements in the investigation process addressed to Polri investigators, because the Chief of Police has the authority to issue circulars containing instructions or notifications regarding the provisions for stopping the investigation if in the case of the investigation the facts and evidence collected are not sufficient or the event is not a criminal act, the investigator can stop the investigation and not continue it to the investigation stage but if one day the reporter or investigator gets new facts and evidence (novum) then the previous stage of the investigation will be removed. The arrest can be reopened by going through the case title mechanism and then the investigator issues a Further Investigation Order.Keywords: SP2LID, Investigation, Crime, SE/7/VII/2018.

Microanalysis, a research method that uses pharmacological agents to induce a relaxed state in subjects to gather information, has become a controversial practice in criminal investigations worldwide. This research paper undertakes an in-depth comparative analysis of drug testing methods in the Indian context and Western countries and unravels the complex legal, ethical and procedural web surrounding its application. The historical development of microanalysis unfolds against the backdrop of differently developed legal frameworks in Indian and Western jurisdictions. This study moves through the maze of legal complexities, examining the legal provisions, court decisions and precedents that shape the permission and limitations of drug testing in both regions. A careful examination of procedural changes forms the backbone of this study, where we explore the step-by-step processes involved in drug testing. A comparative analysis reveals the different protocols followed in India and selected Western countries, revealing the roles of medical professionals and legal authorities in facilitating or controlling the procedure. Ethical considerations that explore the moral implications of using drug testing as an interrogation are central to this debate. Public and professional opinion in India and the West is considered, illuminating different perspectives that contribute to the ongoing debate on the ethics of drug testing. The study brings together clear case studies where pharmacoanalysis has been used and highlights the similarities and differences between Indian and Western applications. As noted in the paper, it synthesizes key findings and considers the broader implications of comparative research. The study discusses the future trajectory of drug analysis, considering possible trends, emerging technologies and alternative methods that may shape the landscape of research practices in both India and the West.

ImportanceDrug use and incarceration have a substantial impact on rural communities, but factors associated with the incarceration of rural people who use drugs (PWUD) have not been thoroughly investigated.ObjectiveTo characterize associations between recent incarceration, overdose, and substance use disorder (SUD) treatment access among rural PWUD.Design, Setting, and ParticipantsFor this cross-sectional study, the Rural Opioid Initiative research consortium conducted a survey in geographically diverse rural counties with high rates of overdose across 10 US states (Illinois, Wisconsin, North Carolina, Oregon, Kentucky, West Virginia, Ohio, Massachusetts, New Hampshire, and Vermont) between January 25, 2018, and March 17, 2020, asking PWUD about their substance use, substance use treatment, and interactions with the criminal legal system. Participants were recruited through respondent-driven sampling in 8 rural US regions. Respondents who were willing to recruit additional respondents from their personal networks were enrolled at syringe service programs, community support organizations, and through direct community outreach; these so-called seed respondents then recruited others. Of 3044 respondents, 2935 included participants who resided in rural communities and reported past-30-day injection of any drug or use of opioids nonmedically via any route. Data were analyzed from February 8, 2022, to September 15, 2023.ExposureRecent incarceration was the exposure of interest, defined as a report of incarceration in jail or prison for at least 1 day in the past 6 months.Main Outcomes and MeasuresThe associations between PWUD who were recently incarcerated and main outcomes of treatment use and overdose were examined using logistic regression.ResultsOf 2935 participants, 1662 (56.6%) were male, 2496 (85.0%) were White; the mean (SD) age was 36 (10) years; and in the past 30 days, 2507 (85.4%) reported opioid use and 1663 (56.7%) reported injecting drugs daily. A total of 1224 participants (41.7%) reported recent incarceration, with a median (IQR) incarceration of 15 (3-60) days in the past 6 months. Recent incarceration was associated with past-6-month overdose (adjusted odds ratio [AOR], 1.38; 95% CI, 1.12-1.70) and recent SUD treatment (AOR, 1.62; 95% CI, 1.36-1.93) but not recent medication for opioid use disorder (MOUD; AOR, 1.03; 95% CI, 0.82-1.28) or currently carrying naloxone (AOR, 1.02; 95% CI, 0.86-1.21).Conclusions and RelevanceIn this cross-sectional study of PWUD in rural areas, participants commonly experienced recent incarceration, which was not associated with MOUD, an effective and lifesaving treatment. The criminal legal system should implement effective SUD treatment in rural areas, including MOUD and provision of naloxone, to fully align with evidence-based SUD health care policies.

The purpose of this article is to find out the actual duties and authorities of the implementation of the principle of coordination between the police investigators and prosecutors in the process of handling criminal cases in law enforcement agencies as regulated in the Criminal Procedure Code because in practice in the field it is often found that in handling crime problems there are no following reality and in the end investigators and public prosecutors gave rise to a negative stigma in the judge's decision. The type of research methodology in this article is normative juridical. Normative legal research focuses on doctrine by analyzing legal rules found in statutory regulations or various judges' decisions. The data presented are descriptive and analytical symptoms that occur in the field, namely between investigators, public prosecutors, and judges with the rule of law or actions with norms according to legal principles. Therefore, the obstacles that limit the implementation of the principle of coordination between Polri investigators and the public prosecutor include The lack of communication and coordination between the Polri and the public prosecutor because those who prioritize the interests of their institutions without paying attention to the interests of other parties, and lack of trust in Polri and other law enforcers, as is the stigma that grows in the community today, makes it difficult for the Police to carry out their duties in the field; neglect of resource aspects in law enforcement; not yet the same vision and opinion of law enforcers; and have not understood the doctrine, professional ethics of the Police by investigators causing the morale of the investigators to below, in addition to problems with welfare, equipment, and limited investigative funds.Tujuan artikel ini penulis ingin mengetahui tugas dan wewenang yang sebenarnya terhadap penerapan asas koordinasi penyidik polri dengan jaksa dalam proses menangani kriminalisasi perkara pidana diwilah penegak hukum sebagaimana yang telah diatur dalam Undang-Undang KUHAP, karena prakteknya dilapangan seringkali ditemukan bahwa dalam penanganan permasalahan tindak pidana tidak sesuai dengan kenyataan dan pada akhirnya penyidik dan jaksa penuntut umum memunculkan stigma negatif dalam putusan hakim. Jenis metodologi penelitian artikel ini bersifat yuridis normatif yaitu; penelitian hukum normatif berfokus pada doktrin melalui analisis kaidah hukum yang ditemukan dalam peraturan perundang-undangan atau dalam berbagai putusan hakim. Data yang disajikan bersifat deskriptif dan analitis yaitu gejala yang terjadi di langan yaitu anatara penyidik, jaksa penuntut umum dan hakim dengan aturan hukum atau tindakan dengan norma-norma sesuai prinsip hukum. Oleh karena itu, kendala-kendala yang membatasi pelaksanaan asas koordinasi antara penyidik Polri dengan Jaksa Penuntut umum antara lain: Minimnya komunikasi dan koordinasi antara Polri serta jaksa penutut umum, karena yang lebih mengedepankan kepentingan lembagnya sendiri tanpa mencermati kepentingan pihak lain, serta kekurang percayaan kepada Polri serta penegak hukum yang lain, sebagaimana stigma yang tumbuh di warga dikala ini menyebabkan Polri kesuitan dalam melaksanakan tugas di lapangan; pengabaian aspek sumberdaya dalam penegakan hukum; belum samanya visi serta anggapan para penegak hukum; serta belum difakami doktrin, etika profesi Kepolisian oleh penyidik menyebabkan moral aparat penyidik rendah, disamping itu permasalahan kesejahteraan, perlengkapan, dana penyidikan yang terbatas

Abstract Background The United States, and especially West Virginia, have a tremendous burden of coronary artery disease (CAD). Undiagnosed familial hypercholesterolemia (FH) is an important factor for CAD in the U.S. Identification of a CAD phenotype is an initial step to find families with FH. Objective We hypothesized that a CAD phenotype detection algorithm that uses discrete data elements from electronic health records (EHRs) can be validated from EHR information housed in a data repository. Methods We developed an algorithm to detect a CAD phenotype which searched through discrete data elements, such as diagnosis, problem lists, medical history, billing, and procedure (International Classification of Diseases [ICD]-9/10 and Current Procedural Terminology [CPT]) codes. The algorithm was applied to two cohorts of 500 patients, each with varying characteristics. The second (younger) cohort consisted of parents from a school child screening program. We then determined which patients had CAD by systematic, blinded review of EHRs. Following this, we revised the algorithm by refining the acceptable diagnoses and procedures. We ran the second algorithm on the same cohorts and determined the accuracy of the modification. Results CAD phenotype Algorithm I was 89.6% accurate, 94.6% sensitive, and 85.6% specific for group 1. After revising the algorithm (denoted CAD Algorithm II) and applying it to the same groups 1 and 2, sensitivity 98.2%, specificity 87.8%, and accuracy 92.4; accuracy 93% for group 2. Group 1 F1 score was 92.4%. Specific ICD-10 and CPT codes such as “coronary angiography through a vein graft” were more useful than generic terms. Conclusion We have created an algorithm, CAD Algorithm II, that detects CAD on a large scale with high accuracy and sensitivity (recall). It has proven useful among varied patient populations. Use of this algorithm can extend to monitor a registry of patients in an EHR and/or to identify a group such as those with likely FH.

164 Background: Chemotherapy and surgery can cause distressing symptoms, which can be a burden for health systems to address. Programs that directly engage patients, including electronic tracking of patient-reported outcomes (ePROs), can improve symptom control and decrease the need for acute care. Previous ePRO programs have relied on third party vendors with limited EHR integration, constraining their clinical utility and scalability. An integrated solution could offer distinct advantages. Methods: As part of NCI’s Moonshot-funded IMPACT consortium, 6 health systems and Epic built an electronic symptom management program (eSyM) based on the PRO-CTCAE questionnaire that is fully integrated into the EHR. The agile, user-centered design process engaged patients, clinicians, and institutions. The core functional components include: 1) symptom surveys in the postoperative period or between chemotherapy visits, 2) self-management tip sheets, 3) clinician alerts, and 4) dashboards for population management. Critical points of integration with supporting EHR functions and workflow impacts were identified; and major challenges of integration and implementation were described. Results: eSyM, which was implemented at two health systems (Baptist Memorial in Tennessee and Mississippi and West Virginia University Health) in the fall of 2019, required multiple supporting EHR functions: 1) access a secure, HIPPA-compliant patient portal/messaging system (MyChart); 2) record diagnosis, procedure and chemotherapy treatment plan data; 3) identify target populations and track metrics/events; 4) define and execute autonomous logic-based workflow rules; 5) generate reports for clinicians/patients; and 6) documentation. Major challenges included: 1) working within pre-existing EHR system standards and capabilities, which limited the ability to customize interfaces and workflows specifically for the eSyM use case; and 2) adapting to different EHR configurations and polices across multiple health systems. Conclusions: The eSyM build leveraged many existing EHR capabilities and overcame regulatory hurdles; but it required design and workflow compromise. Integration of ePRO-based symptom management programs into the EHR could help overcome barriers, consolidate clinical workflows, and foster scalability/sustainability. Ongoing efforts include launching eSyM at four more sites and evaluating its adoption, usability, and impact on clinical outcomes.

e14120 Background: Chemotherapy and surgery can cause distressing symptoms, which can be a burden for health system to address. Programs that directly engage patients, including electronic tracking of patient-reported outcomes (ePROs), can improve symptom control and decrease the need for acute care. Previous ePRO programs have relied on third party vendors with limited EHR integration, constraining their clinical utility and scalability. An integrated solution could offer distinct advantages. Methods: As part of NCI’s Moonshot-funded IMPACT consortium, 6 health systems and Epic built an electronic symptom management program (eSyM) based on the PRO-CTCAE questionnaire that is fully integrated into the EHR. The agile, user-centered design process engaged patients, clinicians, and institutions. The core functional components include: 1) symptom surveys in the postoperative period or between chemotherapy visits, 2) self-management tip sheets, 3) clinician alerts, and 4) dashboards for population management. Critical points of integration with supporting EHR functions and workflow impacts were identified; and major challenges of integration and implementation were described. Results: eSyM, which was implemented at two health systems (Baptist Memorial in Tennessee and Mississippi and West Virginia University Health) in the fall of 2019, required multiple supporting EHR functions: 1) access a secure, HIPPA-compliant patient portal/messaging system (MyChart); 2) record diagnosis, procedure and chemotherapy treatment plan data; 3) identify target populations and track metrics/events; 4) define and execute autonomous logic-based workflow rules; 5) generate reports for clinicians/patients; and 6) documentation. Major challenges included: 1) working within pre-existing EHR system standards and capabilities, which limited the ability to customize interfaces and workflows specifically for the eSyM use case; and 2) adapting to different EHR configurations and polices across multiple health systems. Conclusions: The eSyM build leveraged many existing EHR capabilities and addressed regulatory hurdles; but it required design and workflow compromise. Integration of ePRO-based symptom management programs into the EHR could help overcome barriers, consolidate clinical workflows, and foster scalability/sustainability. Ongoing efforts include launching eSyM at four more sites and evaluating its adoption, usability, and impact on clinical outcomes.

BackgroundTotal knee arthroplasty (TKA) is a procedure rarely performed in patients under 21 years old. However, the number of patients <21 undergoing TKA in the United States (US) is unknown. In one of the largest US studies of an institutional arthroplasty registry, only 19 TKAs were performed in patients <21 out of ~30,000 primary TKAs over 34 years1. While a few national or multi-national studies have been performed outside the US, these studies have small cohorts (~100), making it difficult to determine the indications for TKA in this age group.ObjectivesWe identified the number of patients <21 years of age who underwent TKA in a US nationwide dataset. Additionally, we determined the epidemiological characteristics of patients undergoing TKA, including their age, sex, race, indications for surgery, and in-hospital mortality.MethodsWe analyzed the Kids’ Inpatient Database, which is a national weighted sample of all inpatient hospital admissions in the US in patients <21 years old from ~4,200 hospitals in 46 states. We included all admissions from 2000-2016 with a primary procedural code of TKA determined by ICD-9 and 10 codes. Descriptive statistics such as means and percentages, along with 95% confidence intervals were calculated using appropriate sample weights.ResultsThe total number of TKAs performed in patients <21 years old from 2000 to 2016 was 1,331 (Table 1). The majority of TKAs performed (n=936; 70.3%) were for treatment of an oncologic disease. The most common diagnosis was malignant tumor (68.7%), followed by osteoarthritis (7.3%) and inflammatory arthritis or juvenile idiopathic arthritis (JIA) (7.0%) (Figure 1). Osteonecrosis accounted for 3.9% of cases, while mechanical complications accounted for 3.3%. Fewer than 2% of cases had an indication of either benign or uncertain tumor, infection, or trauma. The mean age was 14.8 years, and 48.4% of the cohort was female. A higher proportion of the non-tumor cohort was female (57.1%) than the tumor cohort (44.7%). 57.1% of patients in the overall cohort were White, and this proportion was smaller in the tumor group (53.8%) than the non-tumor group (64.9%). No patients died during the inpatient event. 87.8% of TKAs were performed in urban teaching hospitals.Table 1.Characteristics of patients <21 undergoing TKA by diagnosis typeVariableOverallN = 1331Non-tumorN = 395TumorN = 936Age, mean (95% CI)14.8 (14.4, 15.2)15.9 (14.7, 17.1)14.3 (14.1, 14.6)Sex: Female, % (95% CI)48.4 (44.9, 51.9)57.1 (49.1, 64.8)44.7 (41.1, 48.3)Race, % (95% CI) White57.1 (52.3, 61.8)64.9 (55.5, 73.3)53.8 (48.4, 59.2) Black13.1 (10.1, 16.9)16.9 (10.1, 27.2)11.5 (8.7, 14.9) Hispanic19.7 (16.6, 23.3)14.3 (9.9, 20.2)22.0 (18.1, 26.6) Asian or Pacific Islander3.4 (2.1, 5.4)**4.6 (2.9, 7.4) Native American0.9 (0.4, 1.9)**** Other5.8 (4.1, 8.1)2.9 (1.3, 6.4)7.0 (4.8, 10.0)Payor, % (95% CI) Medicare1.4 (0.7, 2.9)4.7 (2.2, 9.7)— Medicaid31.1 (27.5, 35.0)28.0 (21.0, 36.3)32.4 (28.3, 36.7) Private57.8 (53.7, 61.7)60.2 (52.1, 67.8)56.7 (52.2, 61.1) Self-pay3.3 (2.3, 4.9)**4.2 (2.7, 6.2) Other6.1 (4.4, 8.3)5.1 (3.0, 8.6)6.6 (4.5, 9.4)Admission type: elective, % (95% CI)85.9 (81.1, 89.6)81.6 (72.6, 88.2)87.7 (82.2, 91.6)N represents weighted estimateCI = Confidence Interval** Per HCUP guidelines, cell sizes ≤10 have been omitted to protect patient confidentialityFigure 1.Most common primary diagnoses for TKA in patients <21 years oldThe most common primary diagnosis of 1,331 patients <21 undergoing TKA. Bars represent 95% Confidence Intervals. JIA = juvenile idiopathic arthritis.ConclusionTKA is a rarely-performed procedure for patients <21 years old in the US; it is mainly performed in urban teaching centers and has excellent in-hospital survival rates. 70.3% of these procedures are performed for tumors—the vast majority of which are malignant. Also, even with the advent of better treatment options for JIA and inflammatory arthritis, TKA is still performed frequently in this population indicating that better clinical management is needed.References[1]Martin JR et al. Adolescent total knee arthroplasty. PMCID: PMC5484984AcknowledgementsThis work was supported by the Kellen Scholar Award supported by the Anna Marie and Stephen Kellen Foundation Total Knee Improvement Program. The authors would like to acknowledge the Healthcare Cost and Utilization Project Data Partners that contribute to Healthcare Cost and Utilization Project: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.Disclosure of InterestsJ. Alex Gibbons: None declared, Cynthia Kahlenberg: None declared, Deanna Jannat-Khah Shareholder of: AstraZeneca, Cytodyn, and Walgreens, Susan Goodman Consultant of: UCB, Grant/research support from: Novartis, Peter Sculco Consultant of: Intellijoint Surgical, DePuy Synthes, Lima Corporate, Zimmer Biomet, and EOS Imaging, Grant/research support from: Intellijoint Surgical and Zimmer Biomet, Mark Figgie Shareholder of: HS2, Mekanika, and Wishbone, Consultant of: Lima and Wishbone, Bella Mehta Paid instructor for: Novartis

The paper is a continuation of the previous analyses of penal policy pursued by Polish courts. The directions and shape of penal policy are the resultant of many different elements. Analysed in the present paper is the impact on that policy of changes in: penal law; detected crime; and some characteristics of the population of convicted persons. The 1980s abounded in far-reaching changes of penal legislation. In the years 1980-1981, the tremendous “Solidarity” movement failed to bring about a penal law reform despite the fact that its representatives started intensive work toward that aim, preparing and stimulating others to prepare drafts of such reform. The imposition of martial law secured continued power to the communists; its social costs, however, were extremely high. An item on the bill society were forced to pay was the inclusion into penal law of many elements typical of the law of war which aggravated criminal responsibility. Thus (1) the competence of military courts was extended to various categories of civilians; (2) the application of special modes of procedure was introduced or extended, including the single-instance summary proceedings; (3) many statutory penalties were aggravated; (4) many different categories of acts were penalized which had not been punishable before, including in particular pursuit of trade union activities and organization of strikes and protests; (5) internment was introduced as an administrative form of preventive deprivation of liberty. The abrogation of martial law resulted in removal of most but not all of the above aggravations. A new tide of severe provisions came with the acts of May 1985 which in fact created a new “martial law” in penal law. It consisted in: (1) extension of applicability of the existing and introduction of new “simplified” modes of procedure which involved limitation of the defendant’s right to defence; (2) aggravation of the statutory penalties for many acts; (3) vast extension of the application of additional penalties; (4) limitation of the applicability of suspended sentences; (5) exclusion of conditional release of multiple recidivists; (6) extension of the conditions of withdrawal of parole. Therefore, penal policy was shifted twice towards aggravation in the 1980s, the first such shift was made in 1982 and continued with reduced force throughout 1983, and the second one taking place in the years 1985‒1988. Departure from the over-punitive penal law of People’s Republic of Poland started in 1989 with the emergence of the new political order which created the initial conditions for the building of the Third Republic. In 1989, just the first steps were made, followed by few farther in the years 1990‒1991, towards changing the contens of penal law and reforming the most glaring effects of its abuse. Such steps met with immense difficulties. The attachment to former penal law proved strong: to penal law with indefinite statutory features of situences, with severe penalties which could be accumulated and imposed in the conditions of far-reaching limitation of the right to defence or even by default. According to an opinion often expressed in official statements, penal policy was to be determined first and foremost by the state of crime. The extent and trends of crime in general and of the separate offences were to “force” the authorities accordingly to shape penal policy. The incessantly growing threat to public order and citizens’ safety, and to social property in particular, was to justify the need for aggravated and accumulated penalties. Also penal lawyers who noticed the direct relationship between crime and punishment tended ‒ and still tend today for that matter ‒ to suppose that an identical relationship can be found between crime as a mass phenomenon and punishment as a proces of distribution of condemnations through the imposition of penalties by courts. Yet whatever the relations between punishment ‒ its severity in particular ‒ and crime, they are in fact very weak indeed. This is shown by facts: crime comparable as to extent and gravity meets with most different punishment in different countries. A growth in crime sometimes leaves penal policy unchanged, and at other times results in its aggravation or mitigation; similar are the effects of a decrease in crime. Poland is a good example here: in the 1970s, detected crime was on the decrease but penal policy gained in strictness; in the 1980s, crime went up and the aggravation of penal policy continued. In the first of those decades, the decrease in crime was said to have resulted from the particular shape of penal policy pursued then; in the next one, the need forstrict penal policy was argued to follow from the growth in crime. Never mentioned, instead, was a trend of crime which would actually justify a mitigation of penal policy. As we know, the extent and also largely the structure of detected crime, that is of crime recorded by the police, is the resultant of many different organizational, legal, and often also political factors. The real extent and structure of crime can hardly be seen through that screen, and its picture is often distorted. In the former “socialist” states, the extent of crime was a political issue: generally speaking, it shaped the way the authorities expected it to shape. During the 1970s and even in 1980, the number of detected offences ‒ those confirmed in preparatory proceedings ‒ was 320‒350 thousand a year. Starting from 1981, it went up rapidly to 540 thousand in 1984. For the next few years, it was falsely kept at a similar or even somewhat lower level which was to manifest the effectiveness of the drastic statutes of May 1985. Early in the 1990s, the situation was changed radically: the extent of detected crime was no longer perceived as a political issue regulated as the authorities requested. In the years 1990‒1992, the number of detected offences became stabilized at 860‒880 thousand a year. It is believed to have actually gone up, and it no doubt did go up in the economy-related spheres: the real number of offences against foreign currency and customs regulations, tax offences, frauds, embezzlements etc. was indeed greater. III. The above-mentioned growth in the number of detected offences was hardly reflected in the numer of persons found guilty in criminal proceedings. There were about 200 thousand such persons a year, and the numer only went down in years when amnesty laws were passed. Penal legislation provides for different penalties for the separate offences. Therefore, in order to appraise the enhanced or reduced severity of penal policy, it is important to investigate any possible changes in the proportions of those offences throughout the 1980s. In the years 1980‒1991, convictions for crimes (where the statutory penalty is deprivation of liberty for at least 3 years) regularly amounted to 3‒4%, and those for the more serious offences (statutory pelalty of at least 1 or 2 years imprisonment) – to 19‒31%. In the early half of the 1980s, there was a shift towalds a greater proportion of convictions for the less serious offences. The opposite trend could be noticed in the latter half of the decade. Generally speaking, the bulk of convicted persons were guilty of less and less serious offences during the discussed decade, the proportion of convictions for serious crimes remaining rather stable in that period. This trend could be noticed under the statutes of May 1985 which shows how unrelated they were to the real situation in the sphere of crime, and how much they depended on other factors such as e.g. the ruling elites’ desire to have their revenge on society for the events of 1980-1981. The situation changed in the years 1989‒1991 when the proportion of persons convicted for the more serious offences started to go up rapidly. This sole element considered – that is, the structure of crime – were penal policy stable throughout the years l980‒1988, there should have been more and more sentences to penalties not involving deprivation of liberty, and the length of inprisonment should have been reduced. In the years 1989‒1991, instead, a greater number of longer immediate prison sentences could be expected. The most severe, of all penalties provided for by Polish law is capitol puishment. In the years 1981‒1982, there were 3‒4 valid sentences to that pe- nalty a year, the number going up to a dozen or so in the years 1984‒1986. The common courts imposed death penalty for homicide only. Since 1988, not a single valid sentence to death has been imposed by those courts (though it was imposed by invalid sentences in isolated cases). This de facts abolition can be hoped to persist, especially as the new draft penal code does not provide for capital punishment. The death penalty has first of all a symbolic sense; it is difficult to say why the authorities insisted on rejecting all the postulates for its abolition. Instead, the basic instrument that determines the punitiveness of the Polish penal system is unconditional deprivation of liberty. Penal policy of the 1970s had few good points; one of them was a limitation of the use of that penalty, noticeable at the end of the decade. This trend was further intensified in 1981 when 19% of those found guilty were sentenced to immediate imprisonment. Under martial law and in the period of its suspension, there was a slight shift away from that policy (2l‒22%). It was finally abandoned in the years 1984‒1986: in 1986, 30% of those found guilty were sentenced to immediate inprisonment. In 1988, the policy-makers came back to their senses, and re-orientation of penal policy was started: sentenced to immediate imprisonment were 21% of those found guilty. This proportion went further down to 18% in 1989, but then proceeded to rise again in the years 1990‒1991 (19‒20%). The above-mentioned change in the structure of crime in those years considered, this fact cannot possibly be seen as evidencing the aggravation of penal policy. The imposition of unconditional deprivation of liberty evolved in a way that is worth mentioning here. In the latter half of the 1970s, the number of sentences to that penalty became stabilized at 190-200 per 100 thousand of adults, a great improvement compared to the early half of that decade (228‒273 per 100 thousand of adults). In the 1980s, the number of unconditional prison sentences went further down to about 150 per 100 thousand of adults, barring the period of validity of the acts of May 1985 when it again exceeded 200. Thus on the whole, the range of imposition of immediate impressonment was further reduced – a most satisfactory development. As regards the length of that penalty, that is the term to be spent in prison, there has been little improvement. Prison terms of under 1 year, considered short in Poland, still constitute a mere 8‒13% of all sentences to unconditional deprivation of liberty. Thus nearly 180 persons per 100 thousand of adults in the years of validity of the statuts of May 1985, and about 130-140 in the other years were sentenced to prison terms of at least one year, the number only going down to somewhat less than 100 in the years when amnesty laws were passed. Instead, the incidence of sentences to long prison terms of at least 3 years remained relatively stable: sentenced to that penalty were 30‒40 persons per 100 thousand of adults. The length of sentences can also be considered from a different angle, i.e. that of the average length of the discussed penalty. In the years 1980‒1991 the average length of unconditional prison term was practically unchanged and amounted to 24‒25 months (barring the year 1985 when it nearly reached 27 months). Therefore, the following trend emerped: the imposition of immediate imprisonment is gradually limited but its average length remains at a practically unchanged level. It is an extremely high level at that, the fact considered that the bulk of offences for which the Polish offenders were convicted involved the lower statutory penalty of 6 months deprivation of liberty at most. Of the greatest importance among the reactions to an offence which do not involve deprivation of liberty in Poland is the penalty of conditional deprivation of liberty. Its incidence went up rapidly under martial law (from 29% in 1980 to 37% in 1982) and remained at a high level for the next few years. It is only recently that the proportion of such sentences has been reduced to its original level. There is a great variety of shapes this particular penalty can assume: it can be combined with fine, supervision, and various duties imposed on the person sentenced to that penalty, and also with additional penalties and payment to the injured person or for a public purpose. In the years 1980‒1984, it was very often combined with fine (7l‒78% of cases). This proportion went down in the next years (to 55‒60%) which was however accompanied by an unusual growth in the imposition of additional penalties, such as in particular confiscation of property and forfeiture of things, and also of payment to the injured personor for a public purpose. In the years 1989‒1991, that is after abrogation of the states of May 1985, the proportion of cases where fine was imposed together with conditional deprivation of liberty again went up to two thirds of all cases of imposition of that penalty. (The amount of fines will be discussed further on). The penalty of limitation of liberty, introduced by tle 1969 penal code, had some problems fighting its way into the practice of criminal justice. In the latter half of the 1970s, though, its proportion among the bulk of penal measures became stabilized at 12‒14%. The same trend could be noticed in the years 1980‒1981. The aggravation of criminal responsibility under martial law resulted in reduction of sentences to that penalty (to as low a level as 7% in 1984). Instead, the next aggravation introduced by the statutes of May 1985 led to a growth in both the number and proportion of sentences to limitation of liberty. Surprising as it may seem at first sight this development can be explained by the fact that by force of the provisions adopted in 1985, that penalty could be imposed in proceedings by penal order, i.e. in the absence of the defendant. His objection to the decision admittedly rendered the order invalid, but he was not protected by the ban on reformatio in peius. In the years 1989–1991 the proportion of limitation of liberty in the bulk of penal measures imposed went down to the extent of rendering that penalty unimportant. In 1989, it was imposed on 7.4% of those found guilty; in 1990 – on 3.5%; and in l991 – on a mere 2.7%. In the 1990s, the relative incidence of imposition of the separate forms of that penalty started to change rapidly. Deduction from the remmeration for work was imposed on 53% of persons sentenced to limitation of liberty in 1989, on 38% in 1990, and on 21% in 1991. Unpaid supervised work came to the foreground (34, 56, and 78% respectively) while referral of the convicted person to work practically disappeared (l3, 6 and, 1% respectively). Fine as a self-standing penalty has never been extensively imposed in Poland as opposed to the situation in many other penal systems, the West European ones in particular. Late in ten 1970s, the proportion of fines became stabilized at 11–13% and remained unchanged throughout the early half of the 1980s. It then proceeded to go up a little in the years 1986–1988 (15–16%), and stopped at 13–15% in the years 1989–1991. The proportion of fines can be expected to grow in the future, mainly at the sacrifice of conditional deprivation of liberty combined with fine. As important as the length of a prison term is the amount of a fine imposed. The repressiveness of fines can be appraised through reference to the average monthly wages in socialized economy. Compared to them, the average fines under the 1969 code evolved significantly. The use of fines was intensified in two parallel ways. First, their imposition together with deprivation of liberty grew more and more frequent (up to 69% of all persons sentenced to a prison term in 1980). Second, the amount of fine was raised (to 2.5 times the monthly wages in 1980). Important changes in this respect took place in the 1980s. In the early half of the decade, the accumulation of fines with deprivation of liberty was further extended (to 75% of prison terms in 1984). On the other hand, the relative amount of fines went down (to about 1,5 times the monthly wages in socialized economy). This situation changed radically with the introduction of the statues of May 1985 which involved a drastic raise in the amount of fines (in the years 1986–1987, to about 4 times the average monthly wages in the case of fines as additional penalties combined with deprivation of liberty, and to 2.5 times – in the case of self-standing fines). A next far-reaching change took place in the years 1989–1991. The relative amount of fine went down to about 0.5 time the monthly wages – a considerable reduction of repressiveness, even the general impoverishment of society considered. One of the penal measures introduced by the 1969 penal code is conditional discontinuance of criminal proceedings. It can be applied to first offenders guilty of the less serious acts whose guilt is self-evident. The measure was appllied by the public prosecutor in nearly 90% of cases, and by the court in about l0% of cases only. Like unconditional deprivation of liberty, conditional discontinuance of proceedings can be seen as a specific gauge of aggravation or mitigation of penal policy. With growing severity of that policy, the proportion of persons sentenced to unconditional prison terms goes up, and that of conditionally discontinued proceedings goes down. Is penal policy mitigated, the above proportions are reversed. In the years 1981, 1988, and 1989–1991, proceedings were conditionally discontinued in 24–30% of cases where the suspect was found guilty. Under the special martial law legislation, the proportion was 19–20%, and under the acts of May 1985 – 16–19%. The remaining penal measures, that is additional penalty imposed as the main one, application of educational or corrective measures to persons aged 17 and guilty of misdemeanours, and renouncement of carrying out of the sentence, were used extremely seldom in spite of the considerable possibility of their application (the first two in particular). In the days when those in charge of criminal justice aimed at aggravation of responsibility, there was little room for its mitigation with the use of such measures. The years l980–1988 were characterized first and foremost by a tendency to aggravate penalties. After a short break in 1981, that tendency continued until 1989 when the first changes coul be noticed. In both cases, the period of reorientation of penal policy was too short to yield any farther-reaching changes. In the structure of penal measures, the aggravation of responsibility was expressed mainly in the growing proportion of sentendes to immediate imprisonment and the limited use of conditional discontinuance of proceedings and limitation of liberty when no special procedural provisions incited the use of those measures. The penal policy pursued in the years 1989-1991 was deeply rooted in the practices of people’s Republic of Poland; to be more exact, the trends of that period still today if in a mitigated form. The 1989–1991 mitigation took place on different planes: the legal one, through removal of the specially punitive and glaringly unjust provisions, on the plane of application of law through many small mitigations of penalties which add to a significant whole, and also through a radical reform of prison policy. But the actual mitigation does not go beyond the achievements of “Solidarity” of 1981. As a result, too many and too long sentences of immediate imprisonment are still imposed, and penal measures (imprisonment and fine in particular) are too often accumulated. Briefly speaking, Poland still has the style of punishming shaped after the penal code in force and its interpretation made in the 1970s. A radical abolition of this style and mitigatin of penalties still remains to be done, although the first steps have already been made by now (the virtual abolition of the death penalty and reduction of the amount of fines).

The process of development of German criminal procedure law in the period from the moment of the end of the World War II (1945) until the moment of unification of Germany (1990) is analyzed within the frameworks of this article. The mentioned time frame is highly important for studying the history of the criminal proceeding of foreign countries because, firstly, its essential feature is denazification of the legislature and, secondly, the existence of two different variants of criminal procedure law (that of the Federal Republic of Germany and German Democratic Republic. However, there are almost no researches of this period in our scientific literature. The author of the article, using German scientific sources, discloses the ways of how German criminal procedure law got rid of the legacy of the national socialism. The author also reviews and compares the changes that happened in the researched area of law in the period of «existence of the two Germanys». As a result of this analysis the author concludes that denazification of the criminal procedure law in Germany was executed by one common way from 1945 until 1949. Further social and political controversies that led to the forming of East and West Germany resulted in different development of this field in these two countries while the common frequency of the reforms was the same in both countries. Where West Germany chose the way of reforming the original criminal procedure law of 1879, East Germany designed a new criminal procedure law. Further development of the procedure in East Germany was connected to liberalization and the struggle with left radicalism and victimization. Meanwhile West Germany chose the acceptance of the Soviet procedure model forgetting many traditional institutions intrinsic to Germany legal proceeding. Based on these findings, the author distinguishes between stages of development of German criminal proceedings in the researched period. The author also suggests to divide it into periods.

In recent years, attacks on wokeness have undermined the scope and methods of history education in U.S. American schools and colleges. Current critiques by conservatives that wokeness curtails American freedom ignores the significance of wokeness in the struggle for Black freedom. This article historicizes ‘woke,’ puts the term into context and elucidates its meaning and significance for the fight against inequality and discrimination in the United States. The article does not offer a comprehensive history of ‘woke,’ but follows individual traces of the term’s use, from references in 1930s folk music to the racism of the Southern criminal justice system, to labour movement rhetoric and policies in West Virginia in the 1940s, and Martin Luther King’s speech at Oberlin College at the height of the civil rights movement in 1965.

In recent years, attacks on wokeness have undermined the scope and methods of history education in U.S. American schools and colleges. Current critiques by conservatives that wokeness curtails American freedom ignores the significance of wokeness in the struggle for Black freedom. This article historicizes ‘woke,’ puts the term into context and elucidates its meaning and significance for the fight against inequality and discrimination in the United States. The article does not offer a comprehensive history of ‘woke,’ but follows individual traces of the term’s use, from references in 1930s folk music to the racism of the Southern criminal justice system, to labour movement rhetoric and policies in West Virginia in the 1940s, and Martin Luther King’s speech at Oberlin College at the height of the civil rights movement in 1965.

The purpose of this research was to test the validity of the Bathazard equation (sinθ = (W/L) on nonporous, passive, blood-spattered surfaces. The Bathazard equation was formulated and tested solely on porous surfaces. Nonporous and porous surfaces have different properties and react differently affecting the size and shape of the blood spatter. To test the validity of the Bathazard equation, I tested passive drops of blood from average female and male fingertip heights at 90̊, 60̊, and 45̊ angles on porous and nonporous surfaces. Blood drop height and width were measured after immediate impact and again after an hour. An hour was selected because it is the average time from a crime being committed until it is investigated by police in West Virginia. Results show that the angle variation of the porous standards did not typically yield accurate impact angles when using the Bathazard equation. Nonporous surfaces did not yield accurate impact angles for any test using the Bathazard equation. The Bathazard equation is not a suitable formula to use when analyzing passive blood spatter on nonporous surfaces because it yields inaccurate results of blood evidence in criminal cases.

While conducting research, many find themselves doing mundane tasks using the computer. Although important these tasks can slow research down and take focus away from what really matters. Furthermore, research often requires the visualization of data. This can be done using various tools and methods, but shares the same problem: it is time consuming. This is especially true for large data sets. This study aims to find the effectiveness of using scripting and programming to automate some of these tasks. One thing that mundane tasks have in common is that they are often repetitive and have a pattern to completing them. For example: Moving data from format A to format B, generating graph C, and repeating the procedure N times. For people moving data from one format to another might not be that difficult of a task, but doing that task N times is difficult, especially when N is really big. The opposite is true for a computer program. It might be somewhat difficult to programmatically move data from one format to another, but once that is done, doing it N times becomes irrelevant. The project was supported by NIH Grant P20GM103434 to the West Virginia IDeA Network for Biomedical Research Excellence and the Research Challenge Fund through a Summer Undergraduate Research Experience Grant from the West Virginia Higher Education Policy Commission Division of Science and Research.

CASSANDRA WHITLATCH, Dept of Natural Science, Fairmont State University, Fairmont, WV, 26554, and KRISTY HENSON, Dept of Natural Science, Fairmont State University, Fairmont, WV, 26554. Blood spatter impact accuracy on nonporous surfaces and how it affects criminal investigation.The purpose of this research was to test the validity of the Bathazard equation (sinθ = (W/L) on nonporous, passive, blood-spattered surfaces. The Bathazard equation was formulated and tested solely on porous surfaces. Nonporous and porous surfaces have different properties and react differently affecting the size and shape of the blood spatter. To test the validity of the Bathazard equation I tested passive drops of blood from average female and male fingertip heights at 90̊, 60̊, and 45̊ angles on porous and nonporous surfaces. Blood drop height and width were measured after immediate impact and again after an hour. An hour was selected because it is the average time from a crime being committed until it is investigated by police in West Virginia. Results show that the angle variation of the porous standards did not typically yield accurate impact angles when using the Bathazard equation. Nonporous surfaces did not yield accurate impact angles for any test using the Bathazard equation. The Bathazard equation is not a suitable formula to use when analyzing passive blood spatter on nonporous surfaces because it yields inaccurate results of blood evidence in criminal cases.

The paper analyses the conditions for guaranteeing justice for people with intellectual disabilities. As argued by the authors, justice is a highly generalized category, reflecting the combined value system, relating to social morality, politics, law and the operation of the state apparatus. A person who wants access to justice must understand and apply the whole of factors such as the legal system and law enforcement institutions. Meanwhile, people with intellectual disabilities are those with special cognitive disabilities, making it difficult for them to understand and apply the stated factors. This requires that in addition to their own efforts, they need to have the support of the state, society and family to ensure access to justice. Access justice is a very important right of people with disabilities. Ensuring access to justice in criminal proceedings is to ensure their rights, benefits, and dignity as a vulnerable group of people in society. Keywords: Disable, intellectual disabilities, justice, criminal proceeding. References: [1] Henry Campbell Black M.A. St.Paul, Minn, Từ điển Luật Black (Black’s Law Dictionary), Nxb West Publishing Co, p.447, 1983. [2] Viện ngôn ngữ học, Từ điển Tiếng Việt, NXB Từ điển Bách khoa, (1999) 210. [3] Nguyễn Lân, Từ và ngữ Tiếng Việt, NXB Tổng hợp Hồ Chí Minh, 2006.[4] Đảng cộng sản Việt Nam, Văn kiện Đại hội Đại biểu toàn quốc lần thứ XII, Văn phòng Trung ương Đảng, (2016) 114.[5] http://www.who.int/topics/disabilities/en/.[6] Mary Lowth, Nghiên cứu chung về khuyết tật nhận thức (General Learning Disability), The Information Standard (2016). https://patient.info/doctor/general-learning-disability. [7] Harkin, Báo cáo số 111-244 về Luật ROSA (Report 111-244 on ROSA’S LAW), Washington D.C (2010) 3.https://www.gpo.gov/fdsys/pkg/CRPT-111srpt244/pdf/CRPT-111srpt244.pdf.[8] Sách Trắng về sức khỏe và chăm sóc xã hội cho người bị khuyết tật về trí tuệ năm 2001 (The 2001 White Paper on the health and social care of people with learning disabilities). [9] Chỉ số IQ có thang điểm trung bình là 100, hầu hết mọi người có IQ từ 85 đến 115. Một người được xác định có khả năng cao bị thiểu năng trí tuệ nếu chỉ số IQ của họ thấp hơn từ 70 đến 75.[10] Nghiên cứu về Gánh nặng bệnh tật toàn cầu năm 2013 (Global Burden of Disease Study 2013), Collaborators, (2015).https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4561509/.[11] Hiệp Hội tâm thần Hoa Kỳ (American Psychiatric Association), Cẩm nang chẩn đoán và thống kê về rối loạn tâm thần 14 (Diagnostic and Statistical manual for mental disorders 14), 2d ed., 1968.[12] Nguyễn Ngọc Chí, Công lí và quyền tiếp cận công lí: Những vấn đề lí luận, thực tiễn, NXB Hồng Đức, (2018) 176. [13] William Penn, Những loài trái cây cô đơn (Some Fruits of Solitude), Headley Brothers Pub., (1905) 86.https://archive.org/stream/somefruitssolit00penngoog#page/n9/mode/1up.[14] Adrian Zuckerman, Khủng hoảng trong tư pháp, từ khủng hoảng tư pháp dân sự: các quan điểm so sánh (Justice in Crisis, from Civil Justice in Crisis: Comparative Perspectives of Civil Procedure), Oxford University Press, 1999.[15] Trần Thái Dương (2018), Công lí và Quyền tiếp cận công lí: Những vấn đề lí luận và thực tiễn, NXB Hồng Đức, ( 2018) 372. [16] Nguyên tắc 6, Tuyên bố về Quyền của người bị thiểu năng trí tuệ của Liên Hợp quốc. [17] Nguyên tắc 7, Tuyên bố về Quyền của người bị thiểu năng trí tuệ của Liên Hợp quốc.[18] Paul R. Friedman (1977), Quyền con người và quyền luật pháp của người bị thiểu năng trí tuệ (Human and Legal rights of mentally retarded persons), International Journal of Mental Health. (1977) 50-72. DOI: 10.1080/00207411.1977.11448756. [19] Tổ công tác của Văn phòng Tổng thống nghiên cứu về thiểu năng trí tuệ (The Task Force on Law of the President’s Panel on Mental Retardation), 1963.[20] Tổ chức Justice được thành lập năm 1957 bởi một nhóm các nhà luật gia hàng đầu để thúc đẩy pháp quyền và quản trị công bằng. Justice trở thành thành viên của Ủy ban luật gia quốc tế (International Commission of Jurists) của Vương Quốc Anh với sự tham gia của tất cả thành viên của các Đảng. [21] Đường dẫn Bản báo cáo:https://2bquk8cdew6192tsu41lay8t-wpengine.netdna-ssl.com/wp-content/uploads/2017/11/JUSTICE-Mental-Health-and-Fair-Trial-Report-2.pdf. [22] Tổng cục Thống kê, Điều tra quốc gia về người khuyết tật, (2016)https://www.gso.gov.vn/default.aspx?tabid=460&idmid=5&ItemID=19054.

A key factor in the creation of a European area of freedom, security and justice is the principle of mutual recognition, which the Framework Decision 2002/584/JHA of 13 June 2002, for the first time, comprehensively implemented in the field of judicial cooperation in criminal matters. The Court of Justice of the European Union has greatly contributed to the understanding of the Framework Decision, accentuating its goals and enhancing its guiding principles, which are the mutual recognition of judgments in the different Member States of the European Union and mutual trust that should settle among them, for the creation of the said area. The West judgment of 28 June 2012, C-192/12 PPU, on urgent preliminary ruling procedure, aptly illustrates the impact of this case law, highlighting the role of this procedure, implemented on 1 March 2008.

Abstract Background We sought to determine if participating in a surgical training session using perfused fresh human cadavers (PFHC) had a positive effect on urology residents’ confidence in performing open and endoscopic procedures. Methods Urology residents at our institution participated in a surgical training session in the West Virginia University Fresh Tissue Training Program, which utilized fresh cadavers with vascular perfusion. The session consisted of performing different urologic procedures (open and endoscopic) on the perfused fresh human cadavers (PFHC). Residents were given a survey to rate their confidence in different urologic procedures before, after, and 6 months after the session. Each procedure on the survey had 3–6 questions associated with it, with scores ranging from 0 (no confidence) to 4 (great confidence). Scores for each procedure before and after the session were compared. Results Six residents participated in the session. There was an increase in the score for every procedure performed after the session. Scores at 6 month follow up remained higher than the pre-session scores. Conclusion PFHCs offer an excellent opportunity to teach a wide variety of urologic procedures to residents. Incorporation of PFHCs may be very useful in urologic training, and further studies on its use are warranted.

Diesel particulate filters (DPFs) are well assessed aftertreatment devices, equipping almost every modern diesel engine on the market to comply with today’s stringent emission standards. However, an accurate estimation of soot loading, which is instrumental to ensuring optimal performance of the whole engine-after-treatment assembly, is still a major challenge. In fact, several highly coupled physical-chemical phenomena occur at the same time, and a vast number of engine and exhaust dependent parameters make this task even more daunting. This challenge may be solved with models characterized by different degrees of detail (0-D to 3-D) depending on the specific application. However, the use of real-time, but accurate enough models, may be the primary hurdle that has to be overcome when confronted with advanced exhaust emissions control challenges, such as the integration of the DPF with the engine or other critical aftertreatment components (selective catalytic reduction or other NOx control components), or to properly develop model-based OBD sensors. This paper aims at addressing real time DPF modeling issues with special regard to key parameter settings, by using the 1-D code called ExhAUST (exhaust aftertreatment unified simulation tool), which was jointly developed by the University of Rome Tor Vergata and West Virginia University. ExhAUST is characterized by a novel and unique full analytical treatment of the wall that allows a highly detailed representation of the soot loading evolution inside the DPF porous matrix. Numerical results are compared with experimental data gathered at West Virginia University engine laboratory using a MY2004 Mack®MP7-355E, an 11 liter, 6-cylinder, inline heavy-duty diesel engine coupled to a Johnson Matthey CCRT diesel oxidation catalyst + CDPF, catalyzed DPF exhaust aftertreatment system. To that aim, the engine test bench was equipped with a DPF weighing system to track soot loading over a specifically developed engine operating procedure. Results indicate that the model is accurate enough to capture soot loading and back pressure histories with regard to different steady state engine operating points, without a need for any tuning procedure of the key parameters. Thus, the use of ExhAUST for application to advanced after-treatment control appears to be a promising tool at this stage.

ObjectiveA team of data scientists from Booz Allen competed in an opioid hackathon and developed a prototype opioid surveillance system using data science methods. This presentation intends to 1) describe the positives and negatives of our data science approach, 2) demo the prototype applications built, and 3) discuss next steps for local implementation of a similar capability.IntroductionAt the Governor’s Opioid Addiction Crisis Datathon in September 2017, a team of Booz Allen data scientists participated in a two-day hackathon to develop a prototype surveillance system for business users to locate areas of high risk across multiple indicators in the State of Virginia. We addressed 1) how different geographic regions experience the opioid overdose epidemic differently by clustering similar counties by socieconomic indicators, and 2) facilitating better data sharing between health care providers and law enforcement. We believe this inexpensive, open source, surveillance approach could be applied for states across the nation, particularly those with high rates of death due to drug overdoses and those with significant increases in death.MethodsThe Datathon provided a combination of publicly available data and State of Virginia datasets consisting of crime data, treatment center data, funding data, mortality and morbidity data for opioid, prescription drugs (i.e. oxycodone, fentanyl), and heroin cases, where dates started as early as 2010. The team focused on three data sources: U.S. Census Bureau (American Community Survey), State of Virginia Opioid Mortality and Overdose Data, and State of Virginia Department of Corrections Data. All data was cleaned and mapped to county-levels using FIPS codes. The prototype system allowed users to cluster similar counties together based on socioeconomic indicators so that underlying demographic patterns like food stamp usage and poverty levels might be revealed as indicative of mortality and overdose rates. This was important because neighboring counties like Goochland and Henrico Counties, while sharing a border, do not necessarily share similar behavioral and population characteristics. As a result, counties in close proximity may require different approaches for community messaging, law enforcement, and treatment infrastructure. The prototype also ingests crime and mortality data at the county-level for dynamic data exploration across multiple time and geographic parameters, a potential vehicle for data exchange in real-time.ResultsThe team wrote an agglomerative algorithm similar to k-means clustering in Python, with a Flask API back-end, and visualized using FIPS county codes in R Shiny. Users were allowed to select 2 to 5 clusters for visualization. The second part of the prototype featured two dashboards built in ElasticSearch and Kibana, open source software built on a noSQL database designed for information retrieval. Annual data on number of criminal commits and major offenses and mortality and overdose data on opioid usage were ingested and displayed using multiple descriptive charts and basic NLP. The clustering algorithm indicated that when using five clusters, counties in the east of Virginia are more dissimilar to each other, than counties in the west. The farther west, the more socioeconomically homogenous counties become, which may explain why counties in the west have greater rates of opioid overdose than in the east which involve more recreational use of non-prescription drugs. The dashboards indicated that between 2011 and 2017, the majority of crimes associated with heavy-use of drugs included Larceny/Fraud, Drug Sales, Assault, Burglary, Drug Possession, and Sexual Assault. Filtering by year, county, and offense, allowed for very focused analysis at the county level.ConclusionsData science methods using geospatial analytics, unsupervised machine learning, and leverage of noSQL databases for unstructured data, offer powerful and inexpensive ways for local officials to develop their own opioid surveillance system. Our approach of using clustering algorithms could be advanced by including several dozen socioeconomic features, tied to a potential risk score that the group was considering calculating. Further, as the team became more familiar with the data, they considered building a supervised machine learning to not only predict overdoses in each county, but more so, to extract from the model which features would be most predictive county-to-county. Next, because of the fast-paced nature of an overnight hackathon, a variety of open source applications were used to build solutions quickly. The team recommends generating a single architecture that would seamlessly tie together Python, R Shiny, and ElasticSearch/Kibana into one system. Ultimately, the goal of the entire prototype is to ingest and update the models with real-time data dispatched by police, public health, emergency departments, and medical examiners.Referenceshttps://data.virginia.gov/datathon-2017/https://vimeo.com/236131006?ref=tw-sharehttps://vimeo.com/236131182?ref=tw-share

Youths under 18 years get trapped into the Juvenile Justice System after being suspected of committing a delinquent or criminal act. The United States tops in Juvenile arrests in the world. States like West Virginia, Alaska, Oregon, South Dakota, and Wyoming have the highest number of juveniles. However, an estimated 2.1 million youths under 18 years were arrested in the United States during a single year. This paper aims to address the current racial differences that exist within the criminal justice system. By addressing challenges like youths of color are more likely to be committed than white youths into the juvenile system will assist in curbing racial disparity. Statistics reveal that 42% of youths in the placement holdings are black youths, even though black youths make up for 16% of youths all over the United States. In California alone, African American juveniles take 27.5% while whites take up 15%. Even though the system’s laws contain no racial bias, research shows that discrimination can occur where the system allows criminal justice officials discretion in handling offenders. Black youths take up for 15% of the total number of youths in the USA get they have the highest juvenile detentions of 42%, but it is difficult to deny these records since there is evidence like arrest and imprisonment records to back up this claim. The racial disparities exist from targeting the blacks, arrest, sentencing, imprisonment, and release. These actions promote discrimination among the black youths, and black youths are likely to get significant sentencing compared to whites for the same crimes committed. Different states in the United States have different racial disparities, California and Texas, blacks serve long sentences, unlike the whites. There are various causes of racial disparities like; some black residences are known for crime, and they have huge offence rates, unequal access to resources, judicial decisions, and racial prejudice. After the research, it was evident that racial disparity exists, and it can only be corrected by looking at the root cause of the problem widely, which is discrimination. Race plays a significant role when it comes to juvenile detentions. Youths of color are four times more probable to be detained, unlike white youths. The research designed a method of tracking racial disparities via a hypothetical juvenile jurisdiction criminal justice system. The paper will extensively dive into juvenile population characteristics, juvenile justice system structure, law enforcement, juvenile crime, juveniles in court, juveniles on probation by the state, juveniles in the correction by the state and foreign nations, and an analysis of all the findings. The extensive research will be able to answer all the questions to the problem of racial disparity.

In Article 66 of Law No. 2 of 2014 in conjunction with Law No. 30 of 2004 concerning Notary Position (UUJN), namely: a. If needed by law enforcers in the judicial process, namely the investigator, public prosecutor or judge can submit a request for approval in order to summon a notary. The letter was submitted to the Honorary Board of Notaries; b. Within a maximum of 30 working days from the receipt of the letter of request, the Honorary Board of Notaries must provide the answer; c. If within the period of time determined by the Honorary Board of Notaries does not provide the answer, then the notary Honorary Council's silence is deemed to have received the request for approval. So that law enforcement can make calls to the notary concerned; d. After obtaining approval from the Notary Honorary Assembly, law enforcers are authorized to: 1. Request and take a photocopy of the Minuta deed and / or letters that have been attached to the Minuta deed in the notary deposit (notary protocol); 2. Calling a notary to attend the criminal examination process relating to the notary deed or protocol that is in storage. This type of thesis is normative juridical research that is descriptive analytical, meaning that a data analysis based on general legal theory is applied to explain another set of legal materials. Conclusion: 1. Investigators are authorized to examine Notaries, where Investigators are authorized to receive reports or complaints about criminal acts, seek information and evidence, order to stop suspected persons or ask and examine personal identification and conduct other actions according to law, they can also acting on the orders of investigators to make arrests, forbid leaving search sites and confiscating them. 2. The procedure of investigation is carried out on a Notary after reporting on the Deed made by a Notary, and in the report stated that the Notary has committed a Criminal Act as stipulated in Article 66 of the UUJN. However, the summons of a Notary as a witness, suspect or defendant after the investigator submits a written request to the Regional Supervisory Board and the request is sent to the Notary by making an excuse rather than calling the Notary as a witness, suspect or defendant. After the issuance of the new Notary Position Act, based on Article 66 paragraph I of Act Number 2 of 2014 concerning the current Notary Position, the summons made by the investigator is considered valid if the investigator mentions the reason for the summons clearly, and the caller is Acts that are accountable according to the law are not in conflict with the law, in line with legal obligations, reasonable, reasonable within the investigator's office, based on proper consideration and respect for human rights.

Recently, United States faced catastrophic flooding in West Virginia, Texas, Louisiana, Oklahoma, Arkansas, and the flooding resulted in several bridge failures. Among them, bridge scour is one of the main causes behind many bridge failures and financial losses as well as loss of life. Since 1960, a lot of scour research have been done and the several estimation methods were already in the hand of hydraulic engineers. Currently, the issues of scour are once again rising topic because the occurrence of extreme weather events are expected to worsen in frequency. Furthermore, current practice of scour estimation shows over-prediction and sometimes, under-prediction. One possible reason is adding separate estimates of contraction and local scour when in fact these processes occur simultaneously. Another possible reason is these equations are based on the experiments using free-surface flow in idealized-rectangular flumes even though extreme flood event can cause bridge overtopping flow in combination with submerged orifice flow. In this study, experiments were carried out in a compound shape channel using scaled down bridge model in different flow conditions (free, submerged orifice and overtopping flow). Based on the findings from laboratory experiments coupled with widely used empirical scour estimation methods, such as CSU pier scour equation, Melville-Sheppard equation and Ambient pier scour method, we will present a comprehensive way of predicting design scour depth which overcomes problem regarding separate estimation of different scour depths. In addition to develop a procedure for estimating of design scour depth, the mechanism and characteristics of scour process will be investigated and a comparison of these equations will be presented.

The flexor digitorum accessorius longus (FDAL) muscle is a variant muscle located in the posterior compartment of the distal leg. It typically originates in the distal third of the leg and can have a variable proximal attachment to the tibia, fibula, tibia and fibula, the posterior intermuscular septum, or any of the musculature in the deep posterior compartment of the leg. The FDAL then courses posterior to the medial malleolus, enters the the tarsal tunnel (deep to the flexor retinaculum), and ends by inserting onto either the flexor digitorum longus tendon and/or the quadratus plantae muscle, which are located in the second muscular layer of the sole of the foot. The prevalence of the FDAL has been reported in 6% of asymptomatic individuals based on MRI studies or 2–12% of cadaveric studies.The presence of the FDAL has been identified as a cause of tarsal tunnel syndrome, a compression neuropathy of the tibial nerve and/or its branches that become compressed as they course deep to the flexor retinaculum. As the FDAL traverses the tarsal tunnel, it lies immediately superficial to the neurovascular bundle and can act as a space‐occupying lesion, entrapping the tibial nerve and causing numbness, pain, and paresthesias in the foot, ankle, and toes. This variant muscle is best visualized through the use of magnetic resonance imaging (MRI). While there are conservative treatments for tarsal tunnel syndrome, most often surgical intervention is needed to remove the FDAL, and the success of this operative procedure is often based on the extent of damage to the tibial nerve prior to surgery. This presentation will include a patient case and show examples of the FDAL muscle following cadaveric dissection and within MRI studies. Radiologists and surgeons should be aware of presence of the FDAL muscle when considering the etiology of tarsal tunnel syndrome.Support or Funding InformationThe research of Jordan V. Swearingen and Kyle D. Miller was supported by the West Virginia University Initiation to Research Opportunities (INTRO) Program.

<p align="center"><strong><em>ABSTRAK</em></strong></p><p><em>Penelitian ini bertujuan untuk mengetahui argumentasi kasasi Penuntut Umum atas dasar tidak dipertimbangkan fakta persidangan dalam pembuktian tindak pidana penipuan secara berlanjut sebagai perbuatan ingkar janji disesuaikan dengan ketentuan dalam Kitab Undang-Undang Hukum Acara Pidana. Penelitian hukum ini termasuk penelitian hukum normatif atau doktrinal yang bersifat preskriptif dan terapan dengan menggunakan bahan hukum berupa bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan bahan hukum dalam penelitian ini adalah dengan cara studi kepustakaan. Berdasarkan hasil penelitian diketahui bahwa argumentasi Penuntut Umum telah sesuai dengan ketentuan Pasal 197 Ayat (1) huruf d jo. 253 Ayat (1) huruf a KUHAP yakni putusan Pengadilan Tinggi Jawa Barat Nomor 41/PID/2017/PT.BDG yang membatalkan Putusan Pengadilan Negeri Majalengka Nomor: 213/Pid.B/2016/PN.Mjl telah salah menerapkan hukum dalam mengadili perkara Terdakwa dan menyatakan perbuatan Terdakwa bukan merupakan suatu tindak pidana melainkan wanprestasi dibuat tanpa mempertimbangkan fakta persidangan dan tanpa adanya alasan hukum yang menjadi dasar didalam menjatuhkan putusan. </em></p><p><strong><em>Kata Kunci: Kasasi, </em></strong><strong><em>Wanprestasi</em></strong><strong><em>, Tindak Pidana Penipuan Secara Berlanjut. </em></strong><strong><em></em></strong></p><p align="center"><strong><em> </em></strong></p><p align="center"><strong><em>ABSTRACT</em></strong></p><p class="ListParagraph1"><em>The purpose of this Legal Research is to find out the argumentation of the Public Prosecutor</em> <em>on the basis of not considering the facts of the trial in proving the perpetration of fraud as a violation of the promise adjusted to the provisions in the Criminal Procedure Code.</em> <em>This legal research includes normative or doctrinal legal research that is prescriptive and applied in nature using legal materials in the form of primary legal material and secondary legal material. The legal material collection technique in this study is by way of library research. Based on the results of the study note that the arguments of the Public Prosecutor are in accordance with the provisions of Article 197 Paragraph (1) letter d jo. 253 Paragraph (1) letter a of the Criminal Procedure Code, namely the decision of the West Java High Court Number 41 / PID / 2017 / PT.BDG which cancels the Decision Court of the Majalengka District Number: 213 / Pid.B / 2016 / PN.Mjl has wrongly applied the law in adjudicating the case The defendant and stated the defendant's actions are not a criminal offense but the breach of contract is made without considering the facts of the trial and without the legal reasons that are the basis in passing the decision.</em></p><p><strong><em>Keywords: Cassation,</em></strong><strong><em> </em></strong><strong><em>Breach of Contract</em></strong><strong><em>,</em></strong><strong><em> Continuing Fraud Crime.</em></strong><strong><em></em></strong></p>

<p align="center"><strong><em>ABSTRAK</em></strong></p><p><em>Penelitian ini bertujuan untuk mengetahui alasan diajukannya kasasi oleh Penuntut Umum terhadap putusan Pengadilan Tinggi Jawa Barat Nomor. 319/PID/2016/PT.BDG. Metode penelitian yang digunakan adalah penelitian hukum normatif. Pertimbangan Mahkamah Agung membatalkan putusan karena menganggap Judex Factie salah menerapkan hukum, tidak mempertimbangkan saksi yang meringankan terdakwa serta keterangan ahli dalam persidangan. Mahkamah Agung membatalkan putusan Pengadilan Tinggi Jawa Barat Nomor. 319/PID/2016/PT.BDG. Menurut pertimbangan keterangan terdakwa, korban seharusnya dinyatakan menderita luka ringan, namun Judex Factie telah keliru menyatakan sebagai luka berat. Pengajuan kasasi ini tidak dilaksanakan sesuai dengan ketentuan Undang-undang</em><em> </em><em>sesuai dengan Pasal 253 KUHAP.</em></p><p><strong><em>Kata kunci: kasasi, judex facie, pertimbangan hakim</em></strong></p><p align="center"><strong><em> </em></strong></p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>This study aims to determine the reason for the appeal by the Public Prosecutor against the decision of the West Java High Court Number. 319/PID/2016/PT.BDG. The research method used is normative legal research. Consideration of the Supreme Court overturned the verdict because it considered Judex Factie wrongly applied the law, did not consider witnesses who relied on the defendant and expert testimony in the trial. The Supreme Court overturned the decision of the West Java High Court Number. 319/PID/2016/PT.BDG. In consideration of the defendant's testimony, the victim should have suffered minor injuries, but Judex Factie had mistakenly stated that she was seriously injured. Submission of this appeal is not carried out in accordance with the provisions of the Law in accordance with Article 253 of the Criminal Procedure Code.</em><em></em></p><p><strong><em>Keywords</em></strong><em>: <strong>Cassation, Judex Facti, Consideration of the Judge</strong></em></p>

Since the beginning of the twentieth century oak decline has been documented in central and eastern hardwood forests of the United States as a stress-mediated disease (Oak et al. 2016). Opportunistic canker pathogens, including Diplodia corticola, D. quercivora, D. sapinea, and Botryosphaeria dothidea have been associated with crown dieback of declining oak trees in several mid-Atlantic states (Ferreira et al. 2021). On 02 August 2022, a survey was conducted at two natural hardwood sites in Fredrick and Shenandoah Counties, Virginia that exhibited symptoms of decline (Fig. 1A). At both sites, mature Quercus montana trees were observed with bole and branch cankers, bleeding and sooty lesions, and discolored sapwood. Pycnidia were present on the margin of seven branch cankers from three trees that were felled, with hyaline, elliptical to oblong conidia 19.0 - 26.8 × 8.5 - 11.2 µm (n = 40) in size (Fig. 1C and D). Six cultures were derived from single spores that were placed on PDA medium and incubated for 10 days in the dark at 22 ± 2°C. Additionally, a 4-mm piece of necrotic tissue was selected from the margin of each of the seven cankers, disinfected with 2.5% NaOCl, again with 70% ethanol, and air-dried before being placed on half-strength acidified PDA medium (pH 4.8) and incubated in the dark at 22 ± 2°C. After 5 days, seven colonies from each canker assayed were transferred to full-strength PDA plates and incubated for 10 days in the dark at 22 ± 2°C. Colonies derived from spores and the necrotic wood were morphologically identical, with white, aerial, floccose mycelium that turned dark gray to olivaceous after five days (Fig. 1B). DNA was individually extracted from four, 10-day-old cultures (two from spores and two from wood). Mycelia was harvested with a sterile pin and extracted using a Qiagen DNeasy Plant Pro Kit (Germantown, MD) according to the manufacturer’s instructions. A segment of the internal transcribed spacer (ITS), large subunit rRNA (LSU), and translation elongation factor 1-α (tef1) loci were amplified using ITS4/ITS5 (White et al. 1990), LR5/LROR (Vilgalys and Hester 1990), and EF1-728F/EF1-986R (Carbone and Kohn 1999) primer sets, respectively. The PCR amplicons were purified with ExoSap-IT (Affymetrix, Santa Clara, CA) and sequenced at Eurofins (Louisville, KY). The nucleotide sequences were analyzed using Geneious 11.1.5 software (Biomatters, Auckland, NZ). The resulting ITS sequences from the four isolates were identical. A 544-bp, 1131-bp, and 273-bp segment of the ITS, LSU, and tef1 loci from isolate GS22-DSB-17 was deposited into the GenBank database (accessions OQ597712, OQ597714, and OR754429, respectively). A Genbank BLAST analysis revealed that the ITS and tef1 fragments shared 510/516 (99%) and 271/273 (99%) nucleotides with the D. quercivora ex-type BL8 (JX894205/JX894229). Koch’s postulates were fulfilled by inoculating five healthy, containerized Q. montana trees (average stem caliper 6.5 cm) with D. qercivora isolate GS22-DSB-17, while five plants were used as controls. After disinfecting the bark with 70% ethanol, a 0.5 mm section of the bark was removed 13 cm above the soil line with a sterile scalpel, and a 0.5 mm agar plug taken from the edge of a 10-day-old PDA culture was placed in the wound with the mycelium facing the cambial tissue, sealed with Parafilm, and maintained at 22 ± 6°C. The same procedure was performed on the control plants using sterile PDA plugs. After six weeks the bark was carefully removed, and all five stems treated with D. quercivora had necrotic lesions with a mean canker linear growth ([length+width]/2) of 15.6 mm from the edge of the wound, which was significantly larger (P = 0.001) than the controls (2.3 mm; Fig. 1E-M). Necrotic stem tissue was sampled as previously described, and the isolate recovered was confirmed as D. quercivora based on morphology and 100% ITS sequence homology to isolate GS22-DSB-17. D. quercivora was not recovered from the control plants. In the United States, D. quercivora has been isolated from declining white oak trees in Maryland, Massachusetts, West Virginia, and Florida (Dreaden et al. 2014; Ferreira et al. 2021; Haines et al. 2019). More surveys are needed to understand the host range and distribution of D. quercivora in the United States, as well as the environmental and site factors that impact oak health and predispose trees to infection from opportunistic cankering pathogens.

Introduction: Electronic Health Records (EHRs) benefit record keeping, information collation, error prevention, and charge capture. They provide a large database of clinical information that can be used for research. Sorting vast amounts of data manually is inefficient, hence, an effectual, validated method is required to uncover information from large sets of data and generate knowledge. The U.S., and especially West Virginia, has a tremendous burden of cardiovascular disease (CVD). Undiagnosed Familial Hypercholesterolemia (FH) is an important factor for CVD in the U.S. FH results in elevated levels of LDL from childhood and early atherosclerotic disease. We are interested in better screening processes for FH. One method is to detect adults with coronary artery disease (CAD) and determine if their lipid levels are indicative of FH. Relatives and children can then be screened for FH and treated. Efficient identification of a CAD phenotype from EHRs is an important initial step in this screening process. Hypothesis: We hypothesized that a CAD phenotype detection algorithm that uses discrete data elements from EHRs can be validated as a precursor to detection of FH. Methods: We developed an algorithm to detect a CAD phenotype, which searched through discrete data elements, such as diagnoses lists (ICD-10) and procedure (CPT) codes. Direct inspection of EHR discrete data avoided the need for artificial intelligence, such as natural language processing. The algorithm was applied to a cohort of 1,000 patients with varying characteristics. We then determined which patients had CAD by systematically going through EHRs. Following this, we revised the algorithm by refining the constraints under which it operated. We ran the algorithm again on the same 1,000 patients, and determined the accuracy of the modified algorithm. Results: Manual validation of the 1,000 patients resulted in 413 with CAD and 587 without. The original algorithm distinguished 488 CAD positive patients and 512 CAD negative patients. This was 89% accurate, 96% sensitive, and 85% specific. After revising the algorithm and applying it to the same cohort, it determined that there were 474 CAD patients and 526 without CAD. This was 93% accurate, 99% sensitive, and 89% specific. Conclusion: EHR usage has created a large pool of minable clinical data. However, without an efficient method to obtain inferences from it, the information cannot be effectually utilized. We have created an algorithm that detects CAD on a large scale with high accuracy. It has proven to be useful among a varied patient population. Since the constraints that are used, such as ICD codes and CPT codes, are universal, it can be utilized across many hospital systems; although, local validation is prudent. Using this algorithm can select a population with a propensity for FH, thereby allowing us to screen and manage patients with undiagnosed FH or other familial dyslipidemias.

Research methodology This case is based on primary and secondary data collection. ABCo’s Founder, Jocelyn Sheppard, sat down with the author for a 75-min recorded interview in July 2022, and she provided follow-up information via email. Interview data was supplemented with secondary data from publicly available sources to fill in portions on the founder, the company’s history and its location; and triangulate the collected interview data (Creswell and Poth, 2018). There are no conflicts of interest that the author needs to disclose related to the founder or company. The case was piloted at one institution in the Fall 2022, Spring 2023 and Fall 2023 semesters, with 59 undergraduates in an in-person social entrepreneurship course and 165 undergraduates and 33 graduate students in an online asynchronous social entrepreneurship course. All students worked through the case in groups, and as a requirement of their corresponding assignment submission, they provided feedback that was de-identified. In total, 60 groups reported their feedback, which was considered during the subsequent drafts of the case and instructors’ manual IM. According to the anonymized feedback, the protagonist, product line, desired social impact and experienced challenges of ABCo were all said to be interesting, approachable and relatable for students, and the case piqued the interest of students coming from different majors (e.g. business, environmental issues, human services and criminal justice). Students from rural areas, or those who have family in rural areas, felt the case was particularly interesting; a handful of the students in the asynchronous online class who were unfamiliar with such settings suggested providing students with some additional contextualization of rural environments, either through class discussion with other students who had experience in those environments or additional media or text-based supports. Further adjustments also included removing a reading and a corresponding question and revising elements within the Teaching Approaches section of the IM to support the additions they suggested within the feedback (i.e. spending time to define and walk through the provided model and highlight the differences of rural entrepreneurship and entrepreneurship in the rural as a class before engaging in the related write-ups for that question). Case overview/synopsis Jocelyn Sheppard, Founder of Appalachian Botanical Company (“ABCo”), had built her company not just on a vision of revitalizing reclaimed coal mine land through planting and producing products with lavender, but also to have a social impact on the rural town of Ashford and its greater region of Boone County in West Virginia, USA. While she understood that hiring workers in need of a second chance would present its challenges, she was shocked by the depth of social need her new employees presented, which contributed to many employees’ disruptive behaviors and turnover. To approach the problem at hand, Sheppard needed to reflect on the resources around her, namely, other entities and organizations who might be able to support her efforts to improve how ABCo delivers on its social mission and, thus, helps to improve the local community and its economy. The case draws upon literature and models within rural entrepreneurship and community development to have students advise Sheppard on what she should do next to improve the social outcomes for ABCo and its employees. Complexity academic level This case is geared for both upper-level undergraduate and graduate courses in entrepreneurship, including in social, environmental and rural entrepreneurship courses and course modules. The case introduces students to a social enterprise struggling to get its footing in a rural context. The case would be suitable for both introductory and advanced courses, especially when placemaking/place-based entrepreneurship or ecosystem building are discussed.