Application of the Reasons for Elimination of Criminals in Cases of Corruption

Ifrani Ifrani; Noor Reza Ihsan

doi:10.24815/kanun.v23i3.23241

Application of the Reasons for Elimination of Criminals in Cases of Corruption

Kanun Jurnal Ilmu Hukum ◽

10.24815/kanun.v23i3.23241 ◽

2021 ◽

Vol 23 (3) ◽

pp. 459-476

Author(s):

Ifrani Ifrani ◽

Noor Reza Ihsan

Keyword(s):

Expert Testimony ◽

Case Number

The purpose of this study was to find out the application of the reasons for the elimination of criminals in cases of corruption. The results of this study are case number: 87/Pid.Sus/2010/PN.Mrb, which was strengthened in the Supreme Court's Cassation decision number: 321 K/Pid.Sus/2011, was wrong in applying the excuse of forgiveness as the reason for eliminating the crime in its legal considerations, where the element of forgiving reason applied by the Panel of Judges was not fulfilled, but the justifying reason should be applied because one of the elements of Article 3 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the eradication of criminal acts of corruption was not fulfilled because it relied on legal facts and expert testimony without mentioning in detail and with certainty who was benefited from the act, so the implication in this case is that the defendant should be acquitted (vrisjpraak).

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State-by-State Use of AMA Guides

Guides Newsletter ◽

10.1001/amaguidesnewsletters.2019.sepoct01 ◽

2019 ◽

Vol 24 (5) ◽

pp. 3-7, 16

Keyword(s):

Expert Testimony ◽

Narrow Range ◽

The United States ◽

Workers Compensation ◽

Federal Employees ◽

Permanent Disability ◽

Sixth Edition ◽

History Of ◽

Canadian Provinces

Abstract This article presents a history of the origins and development of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), from the publication of an article titled “A Guide to the Evaluation of Permanent Impairment of the Extremities and Back” (1958) until a compendium of thirteen guides was published in book form in 1971. The most recent, sixth edition, appeared in 2008. Over time, the AMA Guides has been widely used by US states for workers’ compensation and also by the Federal Employees Compensation Act, the Longshore and Harbor Workers’ Compensation Act, as well as by Canadian provinces and other jurisdictions around the world. In the United States, almost twenty states have developed some form of their own impairment rating system, but some have a narrow range and scope and advise evaluators to consult the AMA Guides for a final determination of permanent disability. An evaluator's impairment evaluation report should clearly document the rater's review of prior medical and treatment records, clinical evaluation, analysis of the findings, and a discussion of how the final impairment rating was calculated. The resulting report is the rating physician's expert testimony to help adjudicate the claim. A table shows the edition of the AMA Guides used in each state and the enabling statute/code, with comments.

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A Trial Consultant's View of the Medical Expert Witness

Guides Newsletter ◽

10.1001/amaguidesnewsletters.2013.julaug03 ◽

2013 ◽

Vol 18 (4) ◽

pp. 7-10

Author(s):

Deborah Rutt ◽

Kathyrn Mueller

Keyword(s):

Nonverbal Communication ◽

Expert Testimony ◽

Medical Literature ◽

Expert Witness ◽

Personal Injury ◽

Expert Witnesses ◽

Good Teacher ◽

Medical Expert ◽

Medical Terms ◽

Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

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