Sei sulla pagina 1di 16

ARTICLE

Journal of Forensic Medicine


and Medical Science

Providing Expert Testimony and the Related Problems

Oleh:
Puja Afriyani
Novia Rama
Safiyyah

Supervisor:
Dr. dr. H. Taufik Suryadi, Sp. F., Dipl-BE
1

Abstrak
▸ Expert testimony is a statement from someone who has special expertise that
can help a criminal or civil case.
▸ Information from medical experts must be able to explain scientific, technical
and terminological language so that someone without a medical background
can understand the problem of a case.
▸ The opinions of medical expert testimonies are useful in several problems
including malpractice problems, criminal acts and mental illness defense,
sexual harassment, abuse of the elderly ,maltreatment of detainees, and in
determining the cause of death.
2

Introduction
•Expert information is one of the processes of discovery and evaluation of a
claim in obtaining information from other parties or involved in the lawsuit
•Expert witnesses have a role to assist the judge in understanding the facts of a
case so that the formation of relevant decisions in evidence.

•Expert witnesses in forensic medical examinations in the country of Indonesia


are described in the Criminal Procedure Code (KUHAP), a system that
regulates criminal process, namely carried out by forensic specialists or by
doctors (general practitioners or other specialists

•The term medicolegal includes forensic medicine, forensic odontology and


psychiatric forensics as expert witnesses in police law.
•Forensic doctors must be able to do the task (autopsy and clinical forensics) to
help the judge make decisions from the results of identification according to
existing knowledge.
3 Expert Explanation

According to KUHAP article 186, expert information is defined as a verbal


statement given by an expert at a court hearing.

Definition
This information is one of the five valid evidence from the side of
criminal law in Indonesia.

Expert information is also needed in written form (letter) which is


also one of the valid evidences

The role of a general practitioner is to use the knowledge and skills


acquired during education if necessary, as in the case of no forensic
doctor
4

Task and Roles

The role of expert


witnesses is based
on the analysis of
medical science
with the interpretation
the findings of existing written in medical
clinical according to examinations .
what is heard, seen The testimony of
and done when forensic doctors
examining patients. carried out in written
Where the statement made is form to save costs
fixed with the name and The statement is true and efeciency of
signature of the examining based on the
doctor,
time.
knowledge and beliefs
violation of law and within 7 and understands.
days the lawyer is not
justified in filing an objection
when a copy of the expert
witness statement is
presented in court
5 Suspects and defendants
have the right to propose
expert witnesses according
to their interests

5
Investigators and
police have the right to
Handling conflicts linked to
ask a
familial relationships
medical doctor , forensic
witnesses, including expert
specialist to assist in
witnesses
investigating criminal
cases
4
Task and roles
1

Based
on KUHAP No. 6
of 1981, the role
of doctors in
criminal
justice is as Expert
follows The government has a role
in fulfilling all the costs testimonies as valid
needed including financing evidence
expert witnesses.
2 3
6

Not completely the False information. Although


qualifications an expert is there are penalties for
asked to provide perjury, however not
information outside of his infrequently a medical expert
scientific capacity gives false information.

violanace

The unique theoretical


Change or eliminate opinion is for example that
knowledge / facts related to rough shocks in children
the case. under 1 year does not cause
fatal head injury.
8

CASE THAT NEEDS A DESCRIPTION OF THE MEDICAL EXPERIENCE


7

▸ 1. Medical malpractice

Medical malpractice is an act that


violates medical law in the form of Negligence is defined as
negligence, low of informed failure to implement the
consent ,intentional, violating contract standard of care that
,defaming,open secret, or failure to
prevent predictable injury will occur should be done so as to
to a patient. cause harm to the patient

Failure to properly review a patient's medical history is often the source of medication
errors. These errors can include prescribing medication or the wrong dose, giving
medication r the wrong dose, failing to take into account the potential of drug interactions
and failure to warn patients about the side effects of the drug
▸ 2. Crime and mental illness defense

8
Forensic psychologists or psychiatrists can be called as expert witnesses to consider
important questions in cases criminal acts, such as whether the defendant is
legally competent enough to be tried or, in a severe case, receiving a death sentence.

The testimony of a psychiatrist can also be very important in assessing whether a criminal defendant
meets the standards needed to include in the defense of suffering from mental illness
9

▸ 3. Sexual harassment

Depending on the
pattern of facts of Expert opinion or
Cases of sexual abuse giving expert
the case and the age
or domestic violence
or gender of the information in this
may require expertise
parties involved,: case is very helpful
from a number of
psychologists, experts because usually sexu
different medical
psikiatri children, al crimes rarely have
experts
Obgyn, eyewitnesses.
and forensic experts
10 4. Persecution the elderly

geriatrics cases involving elderly violence all forms


of physical, emotional, sexual, or persecution in age
care facilities or other caregivers.
5. persecution of prisoners
11

Charges of abuse of
prisoners occurred when
staff facility inmates refuse
or delay
access to treatment, early fa
ilure to follow the treatment
plan your doctor who
diagnoses patients, and use
excessive force on sick
prisoners
12 6. Determination of the cause of death

In cases of unnatural death, murder and death of an


unexplained person, a forensic pathologist can be called
to determine the cause of
death. Forensic pathology involves the study and
diagnosis of disease through autopsy and assessment of
gene markers ( marker genes )
13

conclusion

In a criminal
case, an
The testimony expert
of expert witness can
witnesses which make a
can be referred statement
Information
to as legitimate
from experts can about the
evidence in the
influence the mental status
court can be in
defendant will be and capacity
the form of oral
charge and of the
An expert has statements and
punishment or defendant
important role written
released from
in criminal and statements. when a crime
punishment
civil cases. occurs
Terima Kasih

Potrebbero piacerti anche