Consideration Of Abuse Research Articles

Conflict of Law Enforcement by State Institutions over Abuse of Power and Authority: A Case Study of "Former President Director of PT. Pertamina"

This study, wants to analyze the very significant differences in the application of legal considerations on the abuse of power and authority by the former President Director of PT. Pertamina, which caused losses to the state based on legal considerations by the Corruption Court Judge and the Jakarta High Court, decided to imprisonment for 8 years and a fine. However, a cassation decision by the Panel of Judges at the Supreme Court of the Republic of Indonesia stated that the defendant was presumed innocent and freed the defendant from the demands of imprisonment and unconditional release. The problem of this research is, Why are there very significant differences in the application of law in the same state institution? The purpose of this study, for Constitutional Law academics can provide a very significant difference study in legal considerations in the Court of Justice in Indonesia. For judges at the Supreme Court of the Republic of Indonesia as an introspection in the legal consideration of abuse of power that results in losses to the state. This research approach method was a qualitative method. Creswell defines a qualitative method as a research method that is based on the perspective of constructivism, in which various meanings are socially and historically constructed with a view to develop a theory or pattern. The researcher analysis was based on legal regulations where conflicts occurred in the law enforcement among the three state institutions acting as the basis of constitutional law, which were; Jakarta Corruption Court; High Court of Appeals for the Special Capital Region of Jakarta; and Supreme Court of the Republic of Indonesia.The results of the research show real evidence, the application of law, abuse of power and authority in state-owned enterprises, which was carried out by the former President Director of PT Pertamina so that the state suffered losses. At the Corruption Crime Court and the Jakarta High Court apply the Corruption Crime Law, but the Supreme Court of the Republic of Indonesia applies business law. In terms of this significant difference, it has resulted in constitutional law academics assessing decisions that do not reflect a sense of justice. The researcher's suggestion is that the panel of judges in a state institution should have no differences in taking legal considerations on abuse of power and authority that harm the state.

Fractures Presumed to Be Low Risk for Abuse in Young Mobile Children: Association With Concomitant Suspicious Injuries.

To evaluate the likelihood of abuse for various fractures, we aimed to compare the prevalence of concomitant suspicious injuries (CSIs) in subjects with fractures presumed to be low risk for abuse to those with non-low-risk fractures (aim 1) and to evaluate the prevalence of low-risk and non-low-risk fractures identified on skeletal survey (SS) (aim 2). Subjects included toddlers 9 to 23 months of age presenting to a children's hospital system with a fracture and having an SS completed (aim 1) as well as those who had an SS completed for any concern for abuse (aim 2). For aim 1, we performed a 5-year retrospective case-control study. Low-risk fractures were defined as extremity buckle, clavicle, supracondylar, or toddler's fractures. Controls included moderate- and high-risk fracture groups. Groups were compared for the prevalence of CSIs. For aim 2, we described the frequencies of all fracture types identified by SS completed for any concern for abuse over the same period. For aim 1, there were 58 low-risk, 92 moderate-risk, and 8 high-risk fractures. The rates of CSIs were not significantly different between low- and moderate-risk fractures (odds ratio, 0.9; 95% confidence interval, 0.4-2.5), whereas half of high-risk fractures had CSIs. Forty-five subjects had an occult fracture on SS completed for any abuse concern. All low-risk fractures were identified by SS, most commonly buckle fractures (22.2% of cases). Fractures presumed to be low risk for abuse in young, mobile children require consideration of abuse as a cause.

ВИКОНАВЧЕ ПРОВАДЖЕННЯ ЯК ЗАВЕРШАЛЬНА ЧАСТИНА СУДОВОГО РОЗГЛЯДУ У СВІТЛІ ПРАКТИКИ ЄСПЛ ТА ПРОТИДІЯ ЗЛОВЖИВАННЯМ ПРОЦЕСУАЛЬНИМИ ПРАВАМИ УЧАСНИКІВ ВИКОНАВЧОГО ПРОВАДЖЕННЯ

The paper explores the issues on the enforcement of judgments and its effectiveness, as well as the access to justice in civil cases. Based on the materials analyzed, the nature of the execution of civil decisions and enforcement proceedings in general is clarified. The abuse of law in the execution of court decisions is investigated. Based on the above analysis, the following types are distinguished: abuse by the claimant of the right to choose the place of enforcement proceedings commencing, the registration by the debtor at his place of residence (which is the sole property of the debtor that can be recovered) of a minor child, the cancellation of the results of electronic bidding through formal technical mistakes of the electronic auction organizer, abuse of the debtor's right to privacy, the initiation of parallel litigation by the debtor on the results of electronic bid- ding while the new owner sues the court to remove obstacles to the use of the premises and evictions, contemptuous attitude of enforcement pro- ceedings participants to the executor while the complaint against the executor's actions is under the court's consideration. The availability of justice in civil cases and the effectiveness of the mechanism for the protection of rights, freedoms and interests are directly linked to the observance of the requirement for irrevocable implementation of court decisions at the level of national law and the existence of effective enforcement mechanisms. The question of the nature of enforcement proceedings and their place in the legal system remains debatable in the civil procedural literature. As a rule, consideration of abuse of procedural rights is conducted in two directions, which do not exclude each other – from the point of view of the evaluation of abuse as a negative procedural phenomenon oranalysis of certain forms of abuse of procedural rights. There are also studies that deny the legitimacy of the design abuse of procedural rights.

Fractures in the Pediatric Emergency Department: Are We Considering Abuse?

Approximately one fourths of infant fractures are due to abuse. Recognition of abuse is important to avoid further morbidity/mortality. There is limited knowledge regarding how frequently pediatric emergency department clinicians consider abuse in infants with fractures. Our primary objective was to estimate the percentage of infants with fractures for whom abuse was considered, and to examine characteristics associated with abuse consideration. We performed a retrospective review of infants <1 year of age presenting to a pediatric emergency department. Our primary outcome variable was consideration of abuse. Our secondary outcome measures were identification of predictor variables associated with consideration of abuse. We identified 509 infants meeting study criteria. Pediatric emergency physicians considered abuse in approximately two thirds of infants with fractures. Consideration was more likely to occur in younger infants, in the presence of no history or unwitnessed injury mechanism, when evaluated by male physicians, and emergency department encounters from 12 am to 6 am.

Cutaneous sign of abuse: Kids are not just little people

Skin injury is the most common form of child physical abuse. Although the pattern and visual appearance of skin injury and the treatment needed for the injury is similar in children and adults, characteristics of infant and childhood skin may complicate the diagnosis of injury. A good understanding of normal developmental presentation of accidental injury from infancy to adulthood, locations for injury that should trigger consideration of abuse, and cutaneous mimics of abuse across the lifespan are critical to the identification of suspected abuse. Adults and older children can provide a history directly to providers, though it should be noted that abused adults and children may not always disclose the true cause of their injuries. In infants and very young children, a history from the patient is lacking due to the verbal abilities of the child, and a parent or other caregiver may provide a false or misleading history that can complicate the diagnosis and treatment. The approach to taking the history, when abuse is suspected, is a critical part of the evaluation, and best practice will vary depending on whether your patient is a child or an adult.

Cardiopulmonary resuscitation (CPR)-related posterior rib fractures in neonates and infants following recommended changes in CPR techniques

Posterior rib fractures are highly indicative of non-accidental trauma (NAT) in infants. Since 2000, the “two-thumbs” technique for cardiopulmonary resuscitation (CPR) of newborns and infants has been recommended by the American Heart Association (AHA). This technique is similar to the grip on an infant's thorax while shaking. Is it possible that posterior rib fractures in newborns and infants could be caused by the “two-thumbs” technique? Using computerized databases from three German children's hospitals, we identified all infants less than 12 months old who underwent professional CPR within a 10-year period. We included all infants with anterior–posterior chest radiographs taken after CPR. Exclusion criteria were sternotomy, osteopenia, various other bone diseases and NAT. The radiographs were independently reviewed by the Chief of Pediatric Radiology (MB) and a Senior Pediatrician, Head of the local Child Protection Team (IF). Eighty infants with 546 chest radiographs were identified, and 50 of those infants underwent CPR immediately after birth. Data concerning the length of CPR was available for 41 infants. The mean length of CPR was 11min (range: 1–180min, median: 3min). On average, there were seven radiographs per infant. A total of 39 infants had a follow-up radiograph after at least 10 days. No rib fracture was visible on any chest X-ray. The results of this study suggest rib fracture after the use of the “two-thumbs” CPR technique is uncommon. Thus, there should be careful consideration of abuse when these fractures are identified, regardless of whether CPR was performed and what technique used. The discovery of rib fractures in an infant who has undergone CPR without underlying bone disease or major trauma warrants a full child protection investigation.

A systematic review of abusive visceral injuries in childhood—Their range and recognition

ObjectivesTo define what abusive visceral injuries occur, including their clinical features and the value of screening tests for abdominal injury among abused children. MethodsWe searched 12 databases, with snowballing techniques, for the period 1950–2011, with all identified studies undergoing two independent reviews by trained reviewers, drawn from pediatrics, radiology, pediatric surgery and pathology. Of 5802 studies identified, 188 were reviewed. We included studies of children aged 0–18, with confirmed abusive etiology, whose injury was defined by computed tomography, contrast studies or at surgery/post mortem. We excluded injuries due to sexual abuse, or those exclusively addressing management or outcome. ResultsOf 88 included studies (64 addressing abdominal injuries), only five were comparative. Every organ in the body has been injured, intra-thoracic injuries were commoner in those aged less than five years. Children with abusive abdominal injuries were younger (2.5–3.7 years vs. 7.6–10.3 years) than accidentally injured children. Duodenal injuries were commonly recorded in abused children, particularly involving the third or fourth part, and were not reported in accidentally injured children less than four years old. Liver and pancreatic injuries were frequently recorded, with potential pancreatic pseudocyst formation. Abdominal bruising was absent in up to 80% of those with abdominal injuries, and co-existent injuries included fractures, burns and head injury. Post mortem studies revealed that a number of the children had sustained previous, unrecognized, abdominal injuries. The mortality from abusive abdominal injuries was significantly higher than accidental injuries (53% vs. 21%). Only three studies addressed screening for abdominal injury among abused children, and were unsuitable for meta-analysis due to lack of standardized investigations, in particular those with ‘negative’ screening tests were not consistently investigated. ConclusionsVisceral injuries may affect any organ of the body, predominantly abdominal viscera. A non-motor vehicle related duodenal trauma in a child aged<five years warrants consideration of abuse as an etiology. In the absence of clear evidence for a screening strategy, clinical vigilance is warranted in any young child with suspected abuse for the presence of abdominal injury, where the absence of abdominal bruising or specific symptoms does not preclude significant injury.

Bruises in infants and toddlers: those who don't cruise rarely bruise. Puget Sound Pediatric Research Network.

To determine the frequency and location of bruises in normal infants and toddlers, and to determine the relationship of age and developmental stage to bruising. Cross-sectional survey. Community primary care pediatric offices. Children younger than 36 months attending well-child care visits. Prospective data collection of demographics, developmental stage, and presence and location of bruises. Any medical condition that causes bruises as well as known or suspected abuse was also recorded. A chi2 test or Fisher exact test was used to determine the significance of differences. Presence and location of bruises as related to age and developmental stage. Bruises were found in 203 (20.9%) of 973 children who had no known medical cause for bruising and in whom abuse was not suspected. Only 2 (0.6%) of 366 children who were younger than 6 months and 8 (1.7%) of 473 children younger than 9 months had any bruises. Bruises were noted in only 11 (2.2%) of 511 children who were not yet walking with support (cruising). However, 17.8% of cruisers and 51.9% of walkers had bruises (P<.001). Mean bruise frequency ranged from 1.3 bruises per injured child among precruisers (range, 1-2 bruises) to 2.4 per injured child among walkers (range, 1-11). The most frequent site of bruises was over the anterior tibia and knee. Bruises on the forehead and upper leg were common among walkers, but bruises on the face and trunk were rare, and bruises on the hands and buttocks were not observed at any age. There were no differences in bruise frequency by sex. African American children were observed to have bruises much less frequently than white children (P<.007). Bruises are rare in normal infants and precruisers and become common among cruisers and walkers. Bruises in infants younger than 9 months and who are not yet beginning to ambulate should lead to consideration of abuse or illness as causative. Bruises in toddlers that are located in atypical areas, such as the trunk, hands, or buttocks, should prompt similar concerns.