Auswahl der wissenschaftlichen Literatur zum Thema „Exclusion from hearing and deciding a case“

This paper deals with research on inclusion concentrating on the pedagogical implications derived from a qualitative case study that looked into three hard-of-hearing (HHs) students’ perspectives and retrospectives on their schooled EFL learning. Data came from narratives gathered in autobiographical writings and interviews. Although there is a good body of literature on pedagogy in terms of strategies for dealing with HHs, few works have counted on the student’s perspectives. The authors’ insights, one of them being hard-of-hearing, call for truly inclusive policies and practices that address the categories developed in this case study, namely: 1. Deafness separates HHs from people. 2. Hearing aids are not like glasses, and 3. An exemption is not inclusion. The authors feel that the recommendations made are valid for learners with or without disabilities.

Law is a set of words that are systematically linking an authoritative text, according to Gustav Radbruch, it should contain three (3) elements, namely fairness, certainty and expediency. The application of the authoritative text in social life was an absolute authority of a judge in resolving a civil case. The judge, in the checking-hearing-deciding a case, not only expected to return the case to the original state (restitutio in integrum) before the advent of the dispute, but should attempt made every effort to not create new disputes or disputes derived from the subject matter examined. Therefore, it becomes very important role of the paradigm for a judge in deciding the case in order to fulfill a sense of justice. Therefore, deciding the case in a precise sense of justice will be a judge most important role. Nowadays, the meaning of "justice" in Civil Procedure Code only limited to the authority of the power of the parties bound by the principle of consensualism and the principle of freedom of contract. Therefore, based on the Law Paradigm (Philosophy) of Pancasila, Judge as an interpreter, in defining and applying the law, legal science must have the ability to deconstruct and reconstruct an authoritative text based paradigm embraced by a nation.Keywords: the principle of consensualism, justice, pancasila, paradigm, civil procedural law

Neurotoxicity from intrathecally administered chemotherapeutic drugs is frequent, particularly with some agents like methotrexate, which are more prone to developing adverse effects. Myelopathy ranks among the most frequently reported neurological entities; with the diagnosis being straightforward, after ruling out infectious, metabolic, autoimmune or paraneoplastic causes. Scarcity of cases precludes evidence-based recommendations for the management of these complications. The most common therapeutic approach consists of the suspension of chemotherapy, exclusion of infectious and neoplastic causes, with prompt administration of high-dose steroids. We report a 21-year-old patient with acute lymphoblastic leukaemia, who developed acute transverse myelitis and bilateral sensorineural hearing loss, after five rounds of intrathecal methotrexate and cytarabine. Although neurotoxicity from both agents has been documented, this combination has not been previously reported.

We herein report a woman who was suffering from type 1 diabetes and hearing impairment and whose mother had mitochondrial disease. Abdominal ultrasound identified a hepatic tumour, and a further examination led to the diagnosis of rectal cancer with synchronous multiple liver metastases. A genetic test led to the diagnosis of mitochondrial disease with a mitochondrial gene 3243A>G mutation. After neoadjuvant chemotherapy, we performed hepatectomy and low anterior resection in one stage. Hepatic vascular exclusion was not performed in order to prevent damage to hepatocytes due to liver ischaemia, and Ringer’s lactate solution was not used to prevent lactic acidosis. The postoperative course was uneventful. Only one other case involving hepatectomy being performed in a patient with mitochondrial disease has been reported. Considering the extreme rarity of such cases and the importance of perioperative management, we report this case here.

This study aims to determine and analyze the function of Visum Et Repertum in investigations in revealing rape crime. This type of research is a type of normative juridical research, then the approach in this research is the statutory approach (statute approach), case approach (case approach. As a normative juridical study, this research uses legal materials, consisting of primary legal material, secondary legal material, and tertiary legal material The technique of gathering legal materials used by the study of documents and literature studies The results of the study show (1) the role of the Visum Et Repertum in the examination of a rape crime in addition to assisting investigators in uncovering criminal acts but also plays an important role in the hearing at the hearing, then the effort of the investigator requesting the making of a visum et repertum from the initial stage of the examination of the case is important and must be done. two tools, ma'am The quality required for a judge in deciding a case as this is determined in Article 6 paragraph (2) of Law No. 14 of 1970 concerning the Principal Provisions of Judicial Power, and (2 In Criminal Cases, Visum Et Repertum is located as a valid evidence in Article 184 paragraph (1) of the Criminal Procedure Code. So in this case, investigators should include evidence such as Visum Et Repertum as evidence to strengthen and discover the truth of the occurrence of rape.

The article addresses the issues of the investigator’s liability in deciding on the acquittal of the defendant to whom he or she has been charged and the criminal case was sent to the court with the indictment. The view is maintained that the investigator’s responsibility can only occur if the fact of bringing a knowingly innocent person to criminal responsibility is proved with the investigator playing an active role in the fabrication of criminal case materials. When a person is prosecuted on the basis of an assessment of the totality of the available evidence, which at the hearing did not find confirmation for various reasons, prosecuting an investigator seems unacceptable. The investigator investigates the crime in the context of a pronounced opposition to the investigation process from interested parties, the evidence base is created in the specified conditions, before the criminal case is sent to the court, participants in the process are exposed to various forms in order to obtain the necessary evidence from them. A change in the evidence system may be related to counteracting the investigation process, in this situation it is unacceptable for the investigator to be held accountable for unjustified criminal prosecution.

ABSTRACTBackground: Tuberculosis is one of major health problems in developing countries, especially extrapulmonary tuberculosis. Tuberculous otitis media (TOM) is one of extrapulmonary manifestations which is a rare phenomenon characterized by painless otorrhea, insidious onset of ear discharge, multiple perforations in the tympanic membrane, and pale granulation tissues in middle ear cleft. Purpose: Reporting one rare case of TOM. Case Report: A 58-year-old male came with painless otorrhea and recurrent hearing impairment. Tympanomastoidectomy was carried out to repair the tympanic membrane, to cleanse the secret from the middle ear, and to obtain sample for biopsy. Histopathological examination showed necrotizing granuloma which contained mycobacterium tuberculosis infection. Medical treatment was administration of anti tuberculosis drugs. Clinical Question: How to establish TOM diagnosis? Review Method: Searching for literature evidence through Google Scholar. Result: The search obtained 20 journals which in accordance with the inclusion and exclusion criteria. There were similarities on clinical and therapeutic symptoms with this reported case. Discussion: In the reported case, the probable pathophysiology was bacterial aspiration through the Eustachian tube, which was just diagnosed during pre-operative screening. There was no apparent pulmonary tuberculosis symptom. Diagnosis TOM with mastoiditis was difficult, it required high skilled accuracy. Conclusion: TOM is a rare manifestation of extrapulmonary tuberculosis. High suspicion of TOM is needed in patients who did not respond to standard treatment. Treatment includes administration of anti-tubercular drugs, and surgical procedure to cleanse the secretion and granulation tissues. Permanent hearing loss can occur in cases of delayed diagnosis. ABSTRAKLatar belakang: Tuberkulosis merupakan masalah kesehatan di negara berkembang, terutama tuberkulosis ekstra pulmonal. Otitis media tuberkulosa (OMT) merupakan salah satu manifestasi tuberkulosis ekstra pulmonal yang jarang terjadi dan ditandai dengan gejala klinis berupa keluar cairan dari telinga tanpa disertai rasa nyeri, onset penyakit berjalan lambat, terdapat perforasi multipel pada membran timpani, dan jaringan granulasi pucat di rongga telinga tengah. Tujuan: Melaporkan satu kasus OMT yang jarang ditemukan. Laporan Kasus: Seorang laki-laki 58 tahun datang dengan keluhan keluar cairan dari telinga tanpa disertai rasa nyeri, dan ada gangguan pendengaran berulang. Pada pasien dilakukan tindakan bedah timpanomastoidektomi untuk memperbaiki membran timpani yang rusak, membersihkan sekret, dan melakukan biopsi jaringan. Hasil pemeriksaan histopatologi didapati jaringan granuloma nekrotikans yang menunjukkan adanya infeksi Mycobacterium tuberculosis. Diberikan terapi medikamentosa obat anti tuberkulosa. Pertanyaan Klinis: Bagaimana menegakkan diagnosa OMT? Telaah literatur: Penelusuran bukti kepustakaan melalui Google Scholar. Hasil: Penelusuran menghasilkan 20 jurnal yang memenuhi kriteria inklusi dan eksklusi dan memiliki kesamaan gejala klinis dan terapi dengan kasus yang dilaporkan. Diskusi: Pada kasus ini kemungkinan patofisologinya adalah aspirasi bakteri melalui tuba eustachius, dan OMT baru terdiagnosis saat dilakukan skrining pra-operasi. Tidak didapati gejala tuberkulosis paru. Diagnosis OMT dengan mastoiditis cukup sulit, diperlukan ketelitian yang tinggi. Kesimpulan: OMT merupakan manifestasi tuberkulosis ekstra pulmonal yang jarang terjadi. Perlu kecurigaan yang tinggi adanya OMT pada pasien yang tidak responsif terhadap pengobatan standar. Penatalaksanaan meliputi pemberian obat anti tuberkulosa, dan tindakan bedah untuk mengeluarkan dan membersihkan sekret dan jaringan granulasi. Gangguan pendengaran permanen bisa terjadi pada kasus yang penatalaksaannya terlambat.

Definition of physical child abuse is used to refer to a casualty injured by the caregiver. Health-care professionals providing medical care are responsible for detecting and reporting child abuse. A 7-month-old pediatric patient was referred to us from an outer center with the diagnosis of multiple fractures (14 different bones in 16 different anatomical regions). Skeletal pathologies were evaluated after exclusion of head and abdomen injuries in the emergency department. This child with fractures in 16 different anatomical regions of 14 different bones in her body is alive and does not have an intracranial injury. The number of fractures was too high to be explained even by major trauma. If child abuse is suspected, relevant authorities should be notified immediately. Medical records must be meticulously done as they can contribute to the possible court process. Our case, which contains almost all of the history and physical examination and risk factors of typical child abuse, is instructive enough to guide any health-care professional who may encounter this issue. The threshold in deciding on reporting of child abuse should be low. Every suspicious case should be reported in order to prevent repetitive abuse.

The ability to argue and to create alliances with peers are important social competencies for all children, including those who have speech, language and communication needs. In this study, we investigated the management of arguments and alliances by a group of 5-year-old male friends, one of whom has a persisting speech difficulty (PSD). Twelve argument episodes that arose naturally during video-recorded free play at school were analysed, using Conversation Analysis. Overall the data show that the child with PSD was just as likely as one of his friends to be included in, or excluded from, play alliances. Detailed analysis of two episodes reveals that the child with PSD competently used a range of linguistic devices in and around arguments and that his speech difficulties apparently did not impact on his ability to form alliances. This study highlights the need for those of us who work with children to take account of peer interactions and to consider the linguistic strategies that children employ when participating in peer talk and play: the social world in which inclusion and exclusion are accomplished. The study also illustrates the value of qualitative micro-interactional analysis as a research tool for investigating social inclusion and exclusion.

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.

105 Objection to the bias of an officials in administrative proceedings Abstract The subject of this diploma thesis is the analysis of the institute of exclusion from hearing and decision-making in administrative proceedings, which is enshrined in the provisions of § 14 of Act No. 500/2004 Coll. Administrative Procedure Code, including its amendments and the case law of the Supreme Administrative Court and the Constitutional Court. The diploma thesis also focuses on the concept of systematic bias, which is related to this institute. The aim of the diploma thesis is to at least partially map the use of the institute of exclusion from hearing and decision-making in practice, as regulated in the provisions of § 14 of Act No. 500/2004 Coll. Administrative Procedure. The beginning of the diploma thesis is devoted to the current legal regulation of the institute of exclusion from hearing and decision - making in administrative proceedings and the legal basis of the legal regulation of exclusion from hearing and decision - making. The next part of the diploma thesis is devoted to a detailed analysis of the current legal regulation of the institute of exclusion from hearing and decision-making in administrative proceedings, which is enshrined in the provisions of § 14 of Act No. 500/2004 Coll. Administrative...

Many rules of evidence employ balancing tests. The best known is Rule 403, requiring a judge to compare the probative value of evidence against (for example) its prejudicial effect. The problem of metacognition arises when a trial judge is making a decision in a specific case. The required balancing involves more than knowing a rule and the import of the evidence: it engages the judge’s beliefs about how jurors’ cognitive and emotional processes work, predicting how they will respond to the evidence, and comparing that to how the judge thinks the evidence ought best to be responded to. For some categories of evidence, the rulemakers have performed the metacognitive balancing for the judge, deciding that because jurors likely will over-value the evidence, it is best to prevent the jury from hearing those types of evidence. Sometimes the rules aim to encourage socially desirable behavior. For example, to promote repairs of dangerous situations, the rules bar using the fact that repairs were made to prove negligence. A well-established body of research on the “hindsight bias” supports the law’s suspicion that jurors will use evidence of the accident and the repair to answer the question of whether the risk should have been recognized ex ante, and conclude that the failure to correct the situation earlier was negligent. Balancing tests make good psychological sense in theory. Much remains to be learned, however, about whether they “work” (that is, are efficient, lead to good results, encourage socially-desirable behavior) in practice.

Introduction: Occupational noise is still a matter within the industrial practice with nefarious consequences on the worker’s health. Pulmonary diseases, cardiovascular problems, disturbances in sleep, fatigue, and, in the worst-case scenarios, hearing loss (this one with a permanent character) are some of the most common adverse effects reported in the literature. This issue covers itself in even more significant concern when analysing the mining industry context. Almost every operation works as a potential noise source, not only for the workers but also for the surrounding populations. Objective: To identify the exposure setting to occupational noise in the extractive industry and similar works (i.e. earthworks), particularly related to tasks and equipment. Methodology: The Preferred reporting items for systematic reviews and meta-analyses (PRISMA) was used as a guideline to help conduct the research and report of this work. The most relevant keywords were selected and later combined in the selected databases and multidisciplinary academic journals in the first phase. After, the articles were filtered with a set of exclusion criteria, to know: 1) Publication year, 2) Document type, 3) Source type, and 4) Language. The subsequent stage was to determine, within the remaining articles, the pertinence of each study and its later inclusion in the study. Each set of data was then classified according to the measurement context, and the results were analysed. Results and discussion: In the records’ identification phase, a total of 1148 papers were recovered. By applying the previously mentioned exclusion criteria, 547 were removed related to publication year, 146 due to document type, 12 related to source type and 25 because of language. Additionally, 360 records were excluded because were not in accordance with the proposed objective, 25 were duplicate articles, and 7 had no full-text available. From the last analysis, 11 more papers were excluded, which lead to a final result of 15 included studies. According to theoccupational noise measurements set, the records were divided into four categories: activity, equipment, job category, and working area. Different equipment was associated with high noise levels: crusher –between 85.6 and 104 dB, trucks and bulldozes –above 100 dB, and shovel –103 dB, whereas the only analysed activity was blasting, where studies concluded that increasing distance leads to lower noise measurement values. Conclusions: Considering this research, although it was possible to identify the tasks and equipment usually associated with occupational noise in the extractive industry, a lot of work still needs to be done, especially data analysis. However, this research serves as a starting point for future study.