Academic literature on the topic 'Criminal procedure, west virginia'

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Journal articles on the topic "Criminal procedure, west virginia"

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Titahelu, Juanrico Alfaromona Sumarezs. "Dissemination of Mechanisms for Handling Criminal Cases in Criminal Procedure Law." AIWADTHU: Jurnal Pengabdian Hukum 3, no. 1 (March 30, 2023): 33. http://dx.doi.org/10.47268/aiwadthu.v3i1.1293.

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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.
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Webster, Lynn, Olivia Backhaus, and Amy Bianco. "Three recent court decisions reframe what constitutes criminal conduct in prescribing controlled substances." Journal of Opioid Management 19, no. 7 (October 18, 2023): 17–21. http://dx.doi.org/10.5055/jom.2023.0795.

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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.
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Hidayat, Riyan, Elwi Danil, and Yoserwan Yoserwan. "The Power of Evidence of Victims in Immoral Criminal Procedure in the West Pasaman Court." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (January 3, 2021): 61. http://dx.doi.org/10.18415/ijmmu.v8i1.2244.

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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.
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Fandi, Moustapha Reike, and Jespa Siri Duala. "Restorative Justice Discourses in Papiackum Witticism: A Socio-Pragmatic Analysis." South Asian Research Journal of Arts, Language and Literature 5, no. 06 (December 30, 2023): 196–203. http://dx.doi.org/10.36346/sarjall.2023.v05i06.002.

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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.
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Zurnetti, Aria, Nani Mulyati, Efren Nova, and Riki Afrizal. "Model Perlindungan Hukum Terhadap Perempuan dan Anak Korban Tindak Pidana Kekerasan Melalui Pedoman Kejaksaan No. 1 Tahun 2021 tentang Akses Keadilan Bagi Perempuan dan Anak dalam Penanganan Perkara Pidana." Nagari Law Review 7, no. 3 (May 31, 2024): 527. http://dx.doi.org/10.25077/nalrev.v.7.i.3.p.527-543.2024.

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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.
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Finot, Pifzen, Iyah Faniyah, and Aji Wibowo. "STRATEGI PENENTUAN LOCUS DELICTI TINDAK PIDANA PENEBANGAN POHON TANPA IZIN DI KAWASAN CAGAR ALAM MANINJAU PADA TINGKAT PENYIDIKAN." UNES Journal of Swara Justisia 5, no. 1 (April 30, 2021): 53. http://dx.doi.org/10.31933/ujsj.v5i1.197.

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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.
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Muammar, Muammar, and M. Irham Roihan. "AN ANALYSIS OF THE IMPLEMENTATION OF THE PROSECUTOR'S REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTIONS BASED ON RESTORATIVE JUSTICE AGAINST THE ABUSIVE CRIMINAL ACT." Jurnal Al-Dustur 4, no. 2 (December 1, 2021): 253–77. http://dx.doi.org/10.30863/jad.v4i2.1842.

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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.
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Quraishi, Huma A., and Hassan H. Ramadan. "Endoscopic treatment of allergic fungal sinusitis." Otolaryngology–Head and Neck Surgery 117, no. 1 (July 1997): 29–34. http://dx.doi.org/10.1016/s0194-59989770202-x.

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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.
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López-Lázaro, Fabio. "“No Deceit Safe in Its Hiding Place”: The Criminal Trial in Eighteenth-Century Spain." Law and History Review 20, no. 3 (2002): 449–78. http://dx.doi.org/10.2307/1556316.

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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.
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Tri Wahyuono, Firman. "Analisis Penolakan Gugatan Ganti Kerugian dalam Penggabungan Perkara Tindak Pidana Korupsi Juliari P. Batubara (Perspektif Teori Hukum Progresif)." Jurnal Lex Renaissance 7, no. 4 (October 1, 2022): 819–35. http://dx.doi.org/10.20885/jlr.vol7.iss4.art9.

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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.
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Dissertations / Theses on the topic "Criminal procedure, west virginia"

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Diarra, Rosalie. "Les lois pénales à l'épreuve de la cybercriminalité en Afrique de l'Ouest." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D035.

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La cybercriminalité, évolue dans un contexte ouest africain au départ, fortement marqué par une absence totale de législations capables de dissuader les cybercriminels. Sensibles aux menaces de cette criminalité pour leur image, développement et sécurité, les États de la Communauté Économique des États d'Afrique d l'Ouest (CEDEAO) ont adopté une Directive pour inciter à la mise en place de cadres nationaux de lutte contre la cybercriminalité. Malgré cette volonté communautaire, seulement, quelques États ont adopté une législation pour régir ces infractions. Des défis restent à relever au niveau de l'adoption de législations par certains États, la formation des acteurs de mise en œuvre des lois pénales, la modernisation des méthode de recherche des preuves. Les actions communes de lutte aussi bien au niveau du droit pénal de fond que de forme restent des voie privilégiées de lutte contre les cybercrimes dans la région ouest africaine
Cybercrime evolves in a West African context, initially marked by a total absence of legislation capable of deterring cybercriminals. Faced with threats to their image, development and security, the States of the Economic Community of We African States (ECOWAS) subsequently adopted a Directive to encourage the setting up of national anti-Cybercrime legislation However, only a few states have enacted legislation to regulate cybercrimes. Therefore, there remain some Challenges wi regard to the adoption of anti-cybercrime legislations by ECOWAS member States. Other challenges are related to the training actors involved in the implementation of criminal laws and the modernization of methods in the search for evidence in cybercrime cases. Joint actions of ECOWAS member-states are preferred ways of fighting cybercrime in the West African region from the perspective of criminal Law
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Books on the topic "Criminal procedure, west virginia"

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Cleckley, Franklin D. Handbook on West Virginia criminal procedure. 2nd ed. Charlottesville, Va: Michie Co., 1993.

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Cleckley, Franklin D. Handbook on West Virginia criminal procedure. Charlottesville, Va: Michie Co., 1985.

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Rogers, John A., executive director, Cook Russell S, McWilliams Robert, West Virginia Public Defender Services., and Criminal Law Research Center (W. Va.), eds. West Virginia criminal defense motion manual. 2nd ed. [Charleston]: The Services, 2002.

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Wagner, Harley. West Virginia DUI defense: The law and practice. Tucson, Az: Lawyers & Judges Pub. Co., 2010.

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Wagner, Harley. West Virginia DUI defense: The law and practice. Tucson, Az: Lawyers & Judges Pub. Co., 2010.

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McWilliams, Robert. West Virginia criminal defense motion file: Pre-trial, post-trial, appeals. [Charleston]: State of West Virginia, 1987.

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Palmer, Louis J. West Virginia's rules and laws of criminal procedure. Dubuque, Iowa: Kendall/Hunt Pub. Co., 1995.

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Bacigal, Ronald J. Virginia criminal procedure. 3rd ed. Norcross, GA (3110 Crossing Park, Norcross 30071-1367): Harrison Co., 1994.

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Bacigal, Ronald J. Virginia criminal procedure. 4th ed. Suwanee, GA (1327 Northbrook Pkwy., Suwanee, 30024-3586): Harrison Co., 1999.

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Bacigal, Ronald J. Virginia criminal procedure. 2nd ed. Norcross, GA (3110 Crossing Park, P.O. Box 7500 Norcross 30091-7500): Harrison Co., 1987.

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Book chapters on the topic "Criminal procedure, west virginia"

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"Summaries of Aspects of Criminal Procedure Applicable in the West Bank." In Detainees Denied Justice, 123–51. Brill | Nijhoff, 2001. http://dx.doi.org/10.1163/9789004480117_017.

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Conference papers on the topic "Criminal procedure, west virginia"

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Mulone, V., A. Cozzolini, P. Abeyratne, D. Littera, M. Thiagarajan, M. C. Besch, and M. Gautam. "Soot Modeling for Advanced Control of Diesel Engine Aftertreatment." In ASME 2010 Internal Combustion Engine Division Fall Technical Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/icef2010-35160.

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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 of primary importance to face with advanced control challenges, such as the integration of the DPF with the engine or other critical aftertreatment components (Selective Catalytic Reduction (SCR) 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 1D code ExhAUST (Exhaust Aftertreatment Unified Simulation Tool), developed jointly 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 faithful representation with high degree of detail the evolution of soot loading inside the porous matrix. Numerical results are compared with experimental data gathered at West Virginia University (WVU) engine laboratory using a Mack heavy-duty diesel engine coupled to a Johnson Matthey CCRT (DOC, Diesel Oxidation Catalyst+CDPF, Catalyzed DPF) aftertreatment system. To that aim, the engine test bench has been equipped with a DPF weighing setup to track soot load over a specifically developed engine operating procedure. Obtained 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 needing any tuning procedure of the key parameters. Thus, the use of ExhAUST for application to advanced after-treatment control appears promising at this stage.
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Quinn, A., N. Hill, B. Sherman, J. Etherton, and S. Wayne. "A Preliminary Safety Analysis of an Ultracapacitor Power Subsystem for a Prototype Alternative Fuel Vehicle." In ASME 2007 International Mechanical Engineering Congress and Exposition. ASMEDC, 2007. http://dx.doi.org/10.1115/imece2007-41321.

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In today’s rapidly changing world, the need for safe, more fuel-efficient and environmental friendly vehicles is in high demand. Private and public sector proponents of alternative fuel vehicles have joined forces to create a university-based competition, Challenge-X, to safely increase fuel economy as well as reduce emissions. The safe performance of vehicle testing, maintenance and rescue tasks are integral to the competition. At West Virginia University, a mechanical engineering team is developing a vehicle powered by a 1.9-L direct injection turbodiesel engine using bio-diesel fuel. Energy storage in the vehicle is via 750 kJ ultracapacitors which power two 13 kW AC induction wheel hub motors. A system safety analysis performed by a WVU industrial engineering team focuses on the ultracapacitor portion of the system. Designsafe© software is used to systematically identify tasks, hazards, risks, and risk reduction measures. An emergency rescue plan and a procedure for emergency rescue for vehicles with this design is described. The emergency safety plan identifies ‘no cut’ areas or areas of the car that would be very dangerous to cut due to the high voltage. The risk reduction plan includes procedures for performing maintenance on the electrical system, including the ultracapacitor system.
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