Dangerous State Research Articles

The Theory of the Dangerous State of the Individual and Its Impact on Criminal Lawmaking: Statement of the Problem

Lawmaking should avoid being scientifically ungrounded, unsystematic or chaotic. The lawmakers’ active use of the theory of the dangerous state of the individual in the construction of criminal law norms often results in violating norms of legislative technique and is assessed in different ways in the doctrine of criminal law. The article presents an overview of Russian criminal law norms based on this theory. The legislators classify as dangerous condition the condition of intoxication in cases of traffic rules’ violations resulting in consequences, as well as committing crimes in the situations of criminal or administrative prejustice. In these situations, although the “dangerous” subject commits a criminal offence prohibited by law, establishing liability for it cannot always be seen as a justified action of the lawmaker. These norms often lack a balance between the degree of public danger of an act and the severity of the penalty, which results in the violation of the principle of justice and an ungrounded use of measures of criminal law impact. There is no precedent for establishing liability for occupying the highest position in the criminal hierarchy. A number of questions connected with the legal consequences for a person renouncing the criminal status, and with determining the criteria for such a position have not been resolved at the legislative level. It is concluded that use of the theory of the dangerous state of the individual is justified for persons who violated criminal law prohibitions in the condition of diminished responsibility or have not reached the age of criminal liability. Measures applied to such persons are aimed at overcoming the state of their public danger. It is noted that it is inadmissible to establish criminal liability based on the dangerous state of the person alone, regardless of the specifics of publicly dangerous acts. The author points out that the danger of the person should only be taken into consideration when choosing the measure of criminal law impact and working out measures of preventing unlawful behavior.

A Descriptive Account of the Nature and Extent of Transgender Homicide in America, 2010 to 2021.

There is a growing acknowledgment of transgender homicide as a serious social and public health issue; indeed, the American Medical Association has even referred to violence against transgender people as an "epidemic." Addressing this issue, however, requires understanding the patterns associated with this violence. Yet, reliable data for doing so does not currently exist, especially in recent years. As such, the prevalence of these incidents and their key features are not easily understood. The current study addresses this issue using a comprehensive nationwide database on 305 instances of homicide directed against transgender people between 2010 and 2021, collected through extensive open-source data collection methods. The descriptive analyses of these incidents demonstrate pronounced increases in homicide victimization over time, and clear geographic clustering by state, such that roughly one in four incidents occurred in just three states: Texas, Florida, and California. After accounting for the estimated size of the transgender population, Louisiana, Mississippi, and Missouri emerge as the most dangerous states with the highest risk of homicide victimization. The results also clearly demonstrate the intersectional nature of transgender homicide, in finding that most homicide victims are young Black or Hispanic transgender women. We conclude by emphasizing the need for multipronged policy responses to this issue that recognize the uniquely dangerous intersection of social problems that contribute to the vulnerable social position of many transgender people, including their vulnerability to homicide victimization.

Identification of Driver Status Hazard Level and the System.

According to the survey statistics, most traffic accidents are caused by the driver's behavior and status irregularities. Because there is no multi-level dangerous state grading system at home and abroad, this paper proposes a complex state grading system for real-time detection and dynamic tracking of the driver's state. The system uses OpenMV as the acquisition camera combined with the cradle head tracking system to collect the driver's current driving image in real-time dynamically, combines the YOLOX algorithm with the OpenPose algorithm to judge the driver's dangerous driving behavior by detecting unsafe objects in the cab and the driver's posture, and combines the improved Retinaface face detection algorithm with the Dlib feature-point algorithm to discriminate the fatigue driving state of the driver. The experimental results show that the accuracy of the three driver danger levels (R1, R2, and R3) obtained by the proposed system reaches 95.8%, 94.5%, and 96.3%, respectively. The experimental results of this system have a specific practical significance in driver-distracted driving warnings.

Acoustic-Gas Coupling Response Law in the Whole Process of Coal and Gas Outburst

The intensification of the global energy crisis has led to an increasing demand for coal. China is a major coal-producing country in the world and also the country with the most severe coal and gas outburst disasters. Thus, the coal and gas outburst experiment was conducted, and the following results were obtained: the whole outburst process was divided into three stages, namely the outburst preparation stage, the outburst gestation stage, and the outburst development stage. The gas pressure and acoustic emission signals show significant changes in all three stages, while the variation patterns are different. The gas pressure changes were strongest and the acoustic emission signals were highest during the development stage. Therefore, the outburst development stage was further subdivided into four phases, and the correlation between acoustic emission and gas pressure in each phase was analyzed in detail. Furthermore, the acoustic emission signals in three stages were compared and analyzed. The peak values of acoustic emission count and energy reached 285 times·s−1 and 245 V in the preparation stage and reached 265 times·s−1 and 231 V in the gestation stage, respectively, only 1.66%~1.78% and 2.19%~2.32% of the development stage, namely 15,980 times·s−1 and 10,566 V. Moreover, it was found that the cumulative count and cumulative energy showed a parabolic relationship with the development time of the outburst. Based on the above experimental results, during the production process in coal mines, the dangerous state of outbursts can be monitored through gas pressure changes in the outburst preparation stage and gestation stage. Once in the development stage, more sensitive signals of acoustic emission and their fitting results are used for outburst hazard monitoring and early warning. Monitoring and warning of outbursts of combined gas pressure and acoustic emission signals can effectively improve the safety level of coal mine production.

Failure mechanism of large-scale landslide in the central Nepal Himalaya

The geomorphological and geological characteristics of central Nepal reflect the dynamic nature of tectonic and mass movement processes that lead to the occurrence of large-scale landslides (LSLs). The mechanism of the LSL failure process is not well understood due to the different deformation stages controlled by geological structures and causative/ triggering factors. Regional tectonic structures and local rock mass characteristics play a vital role in the formation of LSLs. Engineering geological characterization was performed to evaluate the rock/soil properties, and the associated state of danger (cracks, seepage, etc.). The rock mass rating (RMR) and geological strength index (GSI) methods were used to estimate rock mass quality and strength parameters. The estimated strength parameters together with laboratory test data were used to set up a two-dimensional (2D) landslide surface to simulate the failure scenarios. The simulation of landslide models was iterated under different loading conditions by incorporating geological heterogeneities. The results have demonstrated that the movement of the slope was affected by different stress conditions over time, which were verified using spatiotemporal landslide data. The landslide exhibited a three-stage failure mechanism with the development of tension-induced cracking at the rear and shearing failure of the critical locking section in the middle section. The tension shear and joint-step-path rupture along joint surfaces occurred during different stages of the landslide failure processes. The simulated results showed that the genetic development of LSL is mainly attributed to the geological structures and sudden changes in stress conditions. Thus, the research outcomes can be illustrative to evaluate the role of geological discontinuities, geotechnical parameters and triggering effects by the numerical simulation techniques for the failure mechanism of LSLs.

Establishing the identity of persons

Establishing the identity of persons is a predominant police method with a preventive character, intended to combat both possible crimes, but also to discover delinquents. Establishing the identity involves checking the documents provided with a photo of both Romanian citizens and foreigners who enter our country or are in transit. More and more often, the identity of people is established when crossing state borders, thus the state of danger can be removed. We can say that the procedure of establishing the identity is a measure that the judicial bodies resort to, and with the help of witnesses or victims, they establish the identity of people with the help of technical methods. Throughout life, both the Romanian Constitution and the Criminal Code have tried to diversify and improve identification methods, to be as simple as possible and to reach the best possible result in the shortest possible time with the aim of reducing the criminal phenomenon . In the theme we chose to write the establishment of the identity of the persons, the stages of this process, the persons subject to identification, but also the circumstances in which this process is carried out. We will detail the cases in which establishing identification is possible and under what conditions, but especially the presentation of the 3 cases through which establishing identity is possible, establishing identity through portrait photography, through voice signals, but not least through external signals.

The Hungarian Constitutional Court’s practice on restrictions of fundamental rights during the special legal order (2020–2023)

ABSTRACT The paper deals with the practice of the Hungarian Constitutional Court regarding the restrictions of fundamental rights during the state of danger between 2020 and 2023. The state of danger – which is a type of special legal order in Hungary – was first introduced in March 2020 due to Covid-19. The rules of the Fundamental Law related to the special legal order reserve the Government the opportunity of broader restrictions on certain fundamental rights than in a normal legal order. It was the first period when the Constitutional Court could have established its practice and defined its own role in a special legal order, since the democratic transition in Hungary. The need for the interpretation of the constitutional rules on special legal order never applied before has posed a significant challenge to the Constitutional Court. The paper first examines the development of the constitutional rules on special legal order situations since the democratic transition, then reviews the most important parts of the Constitutional Court’s practice on the cases related to the restrictions of fundamental rights in special legal order with a focus on the elements of the test used for checking the constitutionality of the challenged items of legislation.

The Safety Effect of Advanced Consolidation Grouted Rock under Blasting Shock Wave

Strong blasting disturbance leading to damage or even destruction of weak and fractured rock masses is a crucial problem to be solved during the construction process of underground engineering. For the blasting construction problem of advanced consolidation grouted rock near the excavation contour, the safety effect of blasting shock waves on grouted rock is investigated using a theoretical analysis method. The interaction process between blasting shock waves and grouted rock was studied based on the propagation characteristics of shock waves and the strain rate effect of rock strength. Considering the critical failure state, a safe vibration velocity model was established to analyze the effects of proportional distance, age, and grouting material. Results show that the first transmission and reflection effect creates the most dangerous state for grouted rock. SVV of super rapid strengthening cement is larger than that of ordinary cement. Choosing a suitable grouting material is essential to the following blasting design.

"Big, Black, and Dangerous": Primal Scene Of Racial Trauma?

Based on a presentation given at the thirtieth anniversary conference of the International Association for Forensic Psychotherapy in London, May 2022, this article identifies the transgenerational racial archetype "Big, Black, and Dangerous". It is suggested that this unconscious construct is most accurately regarded as a dangerous state of mind, contributing to the disproportionate rates of adultification, criminalisation, and deaths of vulnerable and distressed Black people by law enforcement agents in the UK, the US, and beyond. Well known to Black people, but not typically mentalized outside of the Black community, I argue that "Big, Black, and Dangerous" non-thinking functions as a primal scene of racial trauma. In the absence of a shared mentalization around this, high profile examples from the media are reviewed in order to elucidate and support this idea. Ideas about how forensic psychotherapy might potentially help address this stubborn dimension of racial trauma are suggested.

СЕЙСМОСТІЙКІСТЬ ВЕЛИКОРОЗМІРНОГО РЕЗЕРВУАРУ ДЛЯ ЗБЕРІГАННЯ МЕТАНОЛУ

The paper contains the methods of analytical modeling of the seismic loads at the large-sized tanks in the form of impulsive and convective hydrodynamic pressures of the liquid. Have been performed the simulation of the stress-strain state of the tank by the finite element method basis on the developed mathematical models of seismic impact. The simulation takes into account the distortion of the tank’s geometry, obtained as a result of long-term operation and reduction in the strength of tank structures due to corrosive wear. Have been considered the generally accepted foreign method for calculating seismic resistance for assessing the strength and durability of tank’s building structures. The method is adapted to the requirements of national standards. Have been revealed that the most dangerous state for the tank is seismic action with a horizontal direction cosine as a result of the analysis of possible design situations. Have been performed the numerical calculations using the proposed method of analytical modeling of seismic impact for a tank with a volume of 20 000 m3, built in the Yuzhny city, Odessa region. Have been determined the estimated height value of the excited wave, which can appear on the surface of methanol during a seismic shock. Have been proven that in order to preserve the integrity of the roof structures, as well as to ensure the seismic resistance of other structures, the filling of the tank with the product should be limited to 61% of the total design capacity. Have been verified the most overloaded sections of the shell, which are the supporting layers of the side wall, as well as the most probable limit conditions during a seismic shock (buckling).Have been developed the technological regulations for further safe operation of tank based on seismic resistance and outlined directions for further scientific research on this topic.

Discussion on the Analysis of Fire Hazard in the Central Hall of a Historical Building

This study focuses on the inadequate compliance of natural smoke exhaust windows in the central hall of a historical building in Shanghai. Taking into consideration the preservation of the authenticity of the historical structure, five fire scenarios were established to evaluate the fire hazard in the central hall based on different fire heat release rates, fire growth coefficients, number of open windows and window response times. Considering the actual conditions of the historical building and its function as a medical facility, the study also analyzed the rationality of setting fire scenario parameters for evacuation time and fire safety assessment. The research findings indicate that the upper smoke temperature is significantly influenced by the values of heat release rate and the number of open windows. Increasing the number of open windows by 60% can extend the time for the upper smoke temperature to reach a dangerous state by approximately 10%.

Transformacja specjalnych reżimów prawnych na Węgrzech w świetle kryzysów

In our study, we present the new amendments to the Fundamental Law of Hungary, which significantly broaden the definition of a state of danger. The reason for the amendment is the ongoing war between Russia and Ukraine, which has led to a humanitarian situation unprecedented since the Second World War and has changed the economic situation in Europe. The aim is essentially to be able to develop effective, rapid national responses to the consequences of international economic changes. The amendment to the Fundamental Law of Hungary allows the Government to declare a state of danger in the event of war, armed conflict, or humanitarian disaster in a neighboring country so that all necessary means are available to assist, support and accommodate people fleeing the situation and to prevent the adverse economic effects of the situation and mitigate the consequences. The study describes in detail the changes to the concept of the state of danger following the amendments of the Fundamental Law of Hungary and also when the emergency was introduced in practice. The authors also draw attention to the reasons for the Tenth Amendment to the Fundamental Law of Hungary and present other types of special legal orders.

Critical Observability of Labeled Time Petri Net Systems

A time Petri net is said to be critically observable at a given time instant if the markings consistent with any observation at the time instant are included either in the set of critical markings or non-critical markings. This work studies the verification problem of critical observability for timed discrete event systems modeled by bounded labeled time Petri nets. The proposed method is a two-fold process: a preliminary verification of critical observability for the underlying logic labeled Petri net and a further verification considering the time constraint associated with each transition. The first step is based on the concurrent composition of a reachability graph of the logic net. If the logic net is critically observable, then the time net is also critically observable at any given time instant. Otherwise, the second step is to design an algorithm to compute all pairs of transition-class sequences that violate critical observability at the given time instant, and then a set of linear programming problems is exploited to check critical observability for the corresponding timed system. <i>Note to Practitioners</i>&#x2014;Timed discrete event systems provide a theoretical model for safety-critical real applications such as air traffic management, smart grid, and industrial control, which are vulnerable to malicious attack and destruction at some particular time instants such that a system may be misled to dangerous states. Critical observability of a timed discrete event system is a property with which the predefined dangerous states can be determined and detected from the observation by an observer at a given time instant. This research aims to offer a systematic approach to check critical observability for timed discrete event systems modeled by bounded labeled time Petri nets, which can also present some new ideas and insights for practitioners in the field of safety-critical systems.

Physics-Shielded Multi-Agent Deep Reinforcement Learning for Safe Active Voltage Control With Photovoltaic/Battery Energy Storage Systems

While many multi-agent deep reinforcement learning (MADRL) algorithms have been implemented for active voltage control (AVC) in power distribution systems, the safety of electrical components involved in the operation of these algorithms are mostly ignored. In this work, a safe MADRL control scheme is proposed to regulate the reactive and active power control of photovoltaics (PVs) to alleviate power congestion and improve voltage quality by coordinating battery energy storage systems (BESSs) and static var compensators (SVCs). Uniquely, the learning algorithm designed in this paper can limit the action of the agent when approaching a dangerous state to ensure the safety of BESSs during the training process, which is realized by developing a multi-agent twin delayed deep deterministic (MATD3) policy gradient algorithm with a physics-based shielding mechanism. Specifically, actions that lead to dangerous states, the state-of-charge (SoC) of BESSs is fully loaded or drained, are replaced by the shielding mechanism with safe actions while maintaining system stability. Furthermore, each PVs node in the power distribution network is treated as an agent under the fact of reactive and active power sensitivities to voltage in the MATD3 algorithm, which is beneficial for improving scalability. Training, testing and comparative results on IEEE 33-bus and 141-bus with real-world data are provided to demonstrate the effectiveness and superiority of the proposed algorithm.

Classification and Analysis of Human Body Movement Characteristics Associated with Acrophobia Induced by Virtual Reality Scenes of Heights

Acrophobia (fear of heights), a prevalent psychological disorder, elicits profound fear and evokes a range of adverse physiological responses in individuals when exposed to heights, which will lead to a very dangerous state for people in actual heights. In this paper, we explore the behavioral influences in terms of movements in people confronted with virtual reality scenes of extreme heights and develop an acrophobia classification model based on human movement characteristics. To this end, we used wireless miniaturized inertial navigation sensors (WMINS) network to obtain the information of limb movements in the virtual environment. Based on these data, we constructed a series of data feature processing processes, proposed a system model for the classification of acrophobia and non-acrophobia based on human motion feature analysis, and realized the classification recognition of acrophobia and non-acrophobia through the designed integrated learning model. The final accuracy of acrophobia dichotomous classification based on limb motion information reached 94.64%, which has higher accuracy and efficiency compared with other existing research models. Overall, our study demonstrates a strong correlation between people’s mental state during fear of heights and their limb movements at that time.

Regularities of the traffic lane change by the driver when interacting with car-obstacle

The paper presents the results of experimental studies of drivers` behavior when interacting with obstacles caused by parked vehicles. Today, parking cars on two-lane streets is a significant problem for drivers while driving as it creates obstacles. Drivers need to spot a parked car in time and perform a lane change maneuver. It affects the trajectories of vehicles and the functional state of the driver. The driver needs a certain amount of time to maneuver, which consists of the reaction time, the decision to change the lane, and the execution of the action. It complicates traffic conditions for the driver and creates danger for driving. If the driver does not receive information about the parking location on the street with high-speed traffic in time, the probability of danger increases significantly. In addition, drivers try to change the traffic lane, which is further occupied by parking, in advance to reduce the impact of parking on the functional state of their bodies. There is also a deviation in the cross-section of the street when the speed of movement increases relative to the parked car, which finally indicates a change in the position in the traffic lane. It was established that drivers individually choose the trajectories of changing the traffic lane by the speed of movement. In addition, each driver subjectively decides to start changing the traffic lane at his discretion when an obstacle occurs at a certain distance. Angular velocity was used as an indicator of the probability of finding an obstacle object in a dangerous state. Angular speed is the main parameter in the orientation of the driver and signals the danger. When the angular velocity was 0.015-0.03 rad/c, drivers tried to complete the maneuver and leave a certain distance from the obstacle (safety gap). It indicates some interval of angular velocity in relation to the perception of an obstacle object in space and the sense of danger. The resulting patterns of changing lanes by drivers allow for determining the safe distance to parking and ensuring traffic safety by using appropriate markings and road signs

A novel multi-module coupled algorithm for the wreck off-bottom simulation

This paper proposes a novel multi-module coupled algorithm for the wreck off-bottom simulation (MCAWOS), involving several structures, multiple mediums, and three modules: the wreck-soil interaction module, the lifting-buffering module, and the barge-cable coupled module. In the present algorithm, the finite element method, the potential flow method and the lumped mass method are integrated and used to simulate the off-bottom process. The dynamic response characteristics of a typical salvage case with rated lifting tensions are investigated. It is found that the salvage system in waves exhibits a special breakout phenomenon, where the wreck displacements increase abruptly, and uneven distributions of the lifting tensions are observed. Case studies are conducted to further ascertain the mechanism of the breakout. As the rated lifting tension increases, the salvage efficiency rises, while the maximum roll and pitch amplitudes of the wreck decrease. Meanwhile, larger rated tension may result in more waste in equipment lifting capacity, thus 229 ton is finally selected as the appropriate preset lifting tension. In addition, when the wave direction angle increases from 90∘ to 180∘, the maximum roll value of the wreck shows a roughly decreasing trend and the planar deflection of the salvage barge relative to the wreck decreases. However, the maximum values of pitch, yaw, lifting tension and Mises seabed soil stress show irregular fluctuations. Taking all dynamic indicators into account, the wave heading interval of 150∘ to 180∘ is expected to be an ideal operating window. Conversely the 105∘ case is a dangerous state.

The contested status of theory/theorizing and humanism/posthumanism in Olga Petrovskaya's Nursing theory, postmodernism, poststructualism, and Foucault.

The contested status of theory/theorizing and humanism/posthumanism in Olga Petrovskaya's Nursing theory, postmodernism, poststructualism, and Foucault.

Juridical Review of Death Criminal for Persons of Corruption Crime

Law enforcement against criminal acts of corruption in social assistance, if it is related to the Corruption Law, is far from the expectation that Law Number 31 of 1999 concerning the Eradication of Corruption Crimes in conjunction with Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of Corruption Crimes where in Article 2 paragraph (2) it is stated that in the case of a criminal act of corruption being committed under certain circumstances the death penalty can be imposed, but in its enforcement it is far from the expectation of the establishment of the Corruption Law. Death penalty in corruption cases should be applied in certain circumstances which can be used as a reason for criminal punishment for perpetrators of corruption, and the 2020 social assistance fund corruption crime should have met the reasons for aggravation because these funds are intended for overcoming economic and monetary crises, as well as overcoming situations danger. Indonesia in 2020 experienced an economic and monetary crisis, and the country was in a state of danger as evidenced by the large number of layoffs and limited people's mobility, so social assistance funds were issued to overcome this.

Risk Assessment for Water Disaster of Karst Tunnel Based on the Weighting of Reliability Measurement and Improved Extension Cloud Model

Risk assessment of water disaster in karst tunnels is a nonlinear, complex, and uncertain system problem. Based on the reliability measurement method and extension cloud theory, the reliability measurement weighting and improved extension cloud model are established for the risk assessment of water disaster in karst tunnels. Firstly, on the basis of fully considering the relevance of evaluation indicators, a dynamic weighting theory for reliability measurement of indicators based on Jousselme distance is proposed. Secondly, according to the two different entropy algorithms of the extension cloud model, an improved extension cloud model is proposed based on the entropy algorithm fusion of game theory. The comprehensive cloud correlation degree obtained by the improved extension cloud model is combined with the indicator reliability measure weight. Then, the dangerous state of the water disaster in karst tunnels is judged, and the visualization of the water disaster level judgment is realized. And the model is tested with sample data from six typical karst tunnels. Finally, the model is applied to the Yangpeng Karst Tunnel on the Beijing-Zhuhai expressway. The results show that the water disaster level of the tunnel is I, and the evaluation results are consistent with the actual situation. Compared with the matter element extension model and the extension cloud model, the calculation results are more accurate. The corresponding treatment measures have been taken, and the good effect of water disaster treatment has been achieved. The practical value of the model is further proved, and a new reference method is provided for the prediction and prevention of water disaster in karst tunnels.