A Brief Note On Firewalls And Network Security - 954 Words

Joshua Theophilus Jacqueline Stanton ITSA 255-4121 23 November 2015 Firewalls and Network Security The cyberspace has become a major concern to all stakeholders in view of persistent threats and attacks to IT infrastructures around the globe. Individuals, corporate entities and even governments have become victims of anonymous attacks in one form or the other. As a result of these, security professionals have continued to design and implement policies that can help protect valuable assets and vital information for business continuity. The seven domains of IT infrastructure are always subject to attacks because they are connected to either a network or the internet. Most IT infrastructures cannot operate efficiently without this connectivity, so if we have to protect these assets then we must use the tools available. Since attackers will not relent in their efforts to shut us down, we must not give up in defending our workstations, networks and businesses. We have only seven domains that make up any IT infrastructure. This is always true irrespective of the size and complexity of system in place. All of these domains are subject to persistent malicious attacks from attackers if adequate security measures are not taken. It is pertinent that security professional and businesses use all practical means to protect each of these domains. Attackers are always poised to take advantage of any possible vulnerability to carry out their malicious intent. 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Similar Fact Evidence - Free Essay Example

Sample details Pages: 9 Words: 2835 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of facts in issue or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Don’t waste time! Our writers will create an original "Similar Fact Evidence" essay for you Create order Since stakes in criminal trials are generally high, prosecution would have to prove the accuseds guilt beyond a reasonable doubt. Since similar fact evidence as evinced in s  11(b), 14 and 15 of the Evidence Act(EA) can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the EA and reflect the common laws prejudicial propensity balancing test. 2. Similar Fact Evidence A. Background Similar fact evidence is not directly connected to the case but is admitted to prove the existence of facts in issue due to its general similitude.The worry that the trier of facts would convict the accused based solely on evidence of prior conduct has generally led to the inadmissibility of such evidence in the trial as this is severely prejudicial. This concern is amplified in bench trials. Studies have suggested that judges were as influenced as laypersons when exposed to inadmissible evidence, such as prior convictions, even when they held that these evidences were inadmissible.  [6]  This is despite strong confidence in the judges ability to remain neutral to the inadmissible facts.  [7] Hence, the accuseds past similar offence or behaviour is inadmissible as similar fact evidence based on pure propensity reasoning would colour the courts ability to assess the evidence [objectively].  [8] Nonetheless, the mere prejudicial effect of such evidence does not render it inadmissible. It may be highly relevant, especially when such evidence is used to determine whether the acts in question were deliberate or to rebut a defence that could have been available.  [9] B. EA Under s  5 of the EA, a fact is only relevant if it falls within one of the relevancy provisions  [10]  stated in s  6 to s  10 of the EA. These provisions govern specifically the facts in issue, i.e. determinant facts that would decide whether the accused is guilty according to the substantive law governing that offence.In addition, s  11(b) was enacted to be the residuary category for the relevancy provisions. In contrast, similar fact evidence is primarily administrated by s  14 and s  15 as it is concerned with conduct that is merely similar in nature to those facts in issue  [13]  . s  14 is applicable only when the state of mind of the accused is in issue. Similar fact evidence is admissibl e to prove mens rea or to rebut the defence of good faith.  [14] s  15 deals with similar fact evidence that forms a series of similar occurrences to prove the mens rea of the accused,  [15]  and enables the prosecution to produce evidence to rebut a potential defence otherwise open to the accused.  [16] Admission of similar fact evidence under the EA is based on a categorization approach  [17]  , where such evidence is admissible pursuant to the exceptions stated in the EA  [18]  . Hence, similar fact evidence should only be admissible to prove the mens rea of the accused under s  14 and 15.  [19] Significantly, Singapore, India, Malaysia and Sri Lanka have identical s  11, 14 and 15 provisions in their respective Evidence enactments. With the exception of the Indian Evidence Act  [20]  , the three sections have not been amended since the 19th century.  [21] C. Case Law Interpretation of Similar Fact Evidence in EA Singapo re courts have not strictly adhered to the draftmans intention in recent cases.  [22]  The court has incorporated common laws balancing test  [23]  where the judge would balance between the probative and prejudicial effect of the similar fact evidence.  [24] In Lee Kwang Peng v PP  [25]  , scope of similar fact evidence was extended to prove actus reus. Pursuant to s  11(b), the court was of the view that the section embodied  [26]  the balancing test. Hence, similar fact evidence is admissible to prove both mens reas and actus reus.  [27]  Although readily admitting that this would be contrary to the draftsmans intention, then Chief Justice Yong held that the EA should be a facilitative statute rather than a mere codification of Stephens statement of the law of evidence  [28]  . The courts, until Law Society of Singapore v Tan Guat Neo Phyllis  [29]  (Phyllis Tan), were generally of the opinion that they had the discretion to exclude evide nce substantially unfair to the accused.  [30] D. Under the Criminal Procedure Code Act (2010)  [31]  (CPC) s  266 of CPC, dealing specifically with stolen goods, allows previous convictions of the accused to be admitted to rebut his defence of good faith and/or prove mens rea. However, notice would have to be given to the accused before adducing such evidence  [32]  . E. In Comparison to Common Law Unlike the EA, admissibility of criminal evidence at common law is exclusionary. As long as the evidence is logically probative, it is admissible unless it contravenes clear public policy or other laws.  [33] In Makin v A-G for NSW  [34]  , Lord Herschell formulated the two-limbed rule governing the admissibility of similar fact evidence. Under the first limb, the prosecution is not allowed to adduce similar fact evidence for pure propensity reasoning. However, under the second limb, evidence of the accuseds past conduct is admissible if relevant to the facts in issue via the categorization approach.  [35] Boardman v PP  [36]  reformulated these rules by incorporating the balancing test. Under this test, the probative force of the similar fact evidence must outweigh the prejudicial effect. Furthermore, such evidence should be strikingly similar, such that it would offend common sense if the evidence is excluded.  [37] However, the requirement of striking similarity was deemed to be too narrow in DPP v PP  [38]  . Instead, sufficient probative force could be gleaned from other circumstances  [39]  . Nonetheless, similar fact evidence used to prove identity must be sufficiently special to portray a signature or other special feature that would reasonably point to the accused as the perpetuator of the crime.  [40]  Hence, similar fact evidence is admissible to establish actus reus  [41]  . F. Defects of EA Singapore courts have incorporated common law principles and extended the applicability of similar fact evidence to prove actus reus. This has resulted in inconsistencies between the draftsmans intention and the courts approach. Further, there are some ambiguities that require clarification. First, there are difficulties superimposing the Boardmans balancing test into s  11, 14 and 15  [42]  as the EA was drafted to suit the categorization approach. The court would have to admit evidence falling under either section even if it may not be very probative or is highly prejudicial. Hence, s  14 and s  15 address only the probative part of the balancing test and leave no room for prejudicial effect considerations.  [43]  As a result, judicial discretion to exclude very detrimental evidence was developed.  [44] Second, although allowing similar fact evidence to prove actus reus would require the judge to evoke an additional step of inference  [45]  , limiting the use of this evidence to prove mens rea would allow extremely probati ve evidence to be excluded  [46]  . Third, admissibility rules under the EA do not distinguish situations where the accused adduced similar fact evidence unintentionally. An injurious consequence would result if the prosecution is entitled to use such evidence.  [47] Fourth, under s 15, a single act, no matter how probative, is inadmissible.  [48]  However, this does not take into account the consideration that an act may be capable of supporting the argument based on the rarity of circumstances  [49]  . Fifth, the courts have admitted similar fact evidence pursuant to s  11  (b) although it may not be pertinent to the facts in issue. Hence, EA should be amended to provide safeguards against such usage of s  11(b). Lastly, in light of Phyllis Tan  [50]  , more protection against admissibility of similar fact evidence should be incorporated into the EA. 3. Possible Options A. Survey of the other Jurisdiction (1) Australia Uniform Evidence Acts  [51]  (UEA) Under UEA, propensity evidence and similar fact evidence are governed by the tendency rule in s 97 and the coincidence rule in s  98. (a) Tendency Rule Evidence pertaining to the character, reputation, conduct or a tendency that the accused possessed is inadmissible unless (a) notice is given to the accused and (b) the evidence has significant probative value. Although UEA does not state how probative the evidence has to be, probative value of the evidence is defined the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.  [52]  Operation of s  97 would be invoked when the evidence is adduced for the purpose of proving the accuseds inherent tendency to act in a particular way.  [53] (b) Coincidence Rule As a general rule, evidence of related events which must be substantially and rele vantly similar  [54]   would be inadmissible unless notice is given and the court is convinced that it possesses significant probative value  [55]  . (c) Criminal Proceedings A safeguard was inserted in relation to criminal proceedings under s  101 where the probative value of either the tendency or coincidence evidence would have to substantially outweigh any prejudicial effect. However, the degree of probativeness need not  [56]  be of such a degree that only one conclusion, i.e. culpability of the accused, could be drawn  [57]  . (No rationale explanation test) (d) Analysis UEA clearly adopts the balancing test approach, where the probative effect of the evidence must substantially outweigh the prejudicial effect on the accused. Furthermore, the introduction of the notice system would reduce the prejudicial effect as the accused not be unduly surprised. However, as pointed out by the Australian Law Reform Commission, there is much ambiguity i n what constitutes significantly probative and when the probative effect will substantially outweigh the prejudicial effect. Significantly, in Australia, the trier of fact and law are different. Heavy reliance on the judges discretions, added with the ambiguity and wide application of the balancing test, would increase the risk of prejudice in bench trials. (2) India Statutory Amendments Some amendments to s  11, 14 and 15 of The Indian Evidence Act  [58]  , upon which the EA was modeled on  [59]  , had been made pursuant to a review in 2003.  [60]  However, the changes made were very minor.  [61] (a) Section 11 An explanation, inserted after s  11(2)  [62]  , qualified the type of evidence rendered relevant under s  11 such that the degree of relevancy is dependent on the opinion of the Court  [63]  . (b) Section 14 Clarifications to illustration (h) of s  14 were made such that the similar fact evidence has to show that A either had constructive or actual knowledge of the public notice of the loss of the property.  [64] (c) Section 15 The changes merely show that the acts made, pursuant to s 15, must be done by the same person.  [65] (d) Analysis It would appear that the amendments to the Indian Evidence Act do not have any substantial impact on the law. However, the amendment of s  11 explicitly mentions that the degree of relevancy of facts is subjected to the opinions of the court, which suggests an approach more in line with the balancing test. (3) England and Wales Criminal Justice Act 2003  [66]  (CJA) The admissibility of criminal evidence is presently governed entirely  [67]  by the CJA. Part II of CJA addresses the admissibility of bad character  [68]  evidence, which is defined as a persons disposition for a particular misconduct. Evidence of the defendants bad character can be adduced if it falls under one of the seven gateways unde r s 101(1)  [69]  . Significantly, under s 101 (1) (d), bad character evidence is admissible if it is relevant to an important issue between the defendant and the prosecution  [70]  . This includes the propensity to commit a particular type of offence which the accused is charged with or the propensity to lie  [71]  . Moreover, past convictions may be admissible to prove the defendants propensity to commit the crime he was charged with.  [72] Regardless, s  101 (3) allows the court to exclude evidence, falling under s 101  (1)(d), upon the application of the defendant if the court views that admission of such evidence would infringe on the fairness of the proceedings.  [73] The scope for the admissibility of bad character evidence has widened under the CJA.  [74]  In fact, evidence of bad character has changed from one of prima facie inadmissibility to that of prima facie admissibility  [75]  . Although, under s  103, bad charact er evidence would be inadmissible if it does not heighten the culpability of the accused, suggesting that the evidence must have some probative force, it appears that the CJA has abandoned the balancing test. Hence, similar fact evidence in the form of bad character evidence would be inadmissible if it lacks probative value in the establishment of the defendants culpability. However, s  101 (1), with the exception of s  101(1)(e), merely requires the evidence to be probative, without the need to outweigh prejudicial effect. 4. Proposal The EA would require more than a mere amendment. Hence, the type of reform advocated under the Indian Evidence Act should not be adopted. However, a radical change from the categorization approach to the balancing approach, following UEA, would give the court too much discretion. This is worrying as judges may not be entirely indifferent to inadmissible facts when deciding the case. On the other hand, the approach under the C JA would be contrary to Phyllis Tan  [76]  and potentially allows highly prejudicial similar fact evidence to be admissible as long as the prosecution can show some probative value which points towards the guilt of the accused. Hence, a hybridised model should be adopted where the categorisation approach under s 14 and s 15 is kept, but admissibility of such evidence must be subjected to the balancing test. A. Amendments (1) Changes to the Headings s  5 to s 16, under the general heading of Relevancy of facts, could be further sub-divided. First, s  5 to s  11 should be placed under a sub-heading of Governing Facts in issues  [77]  . Second, s  12 to s  16 could be placed under Relevancy of other facts sub-heading. This sub-division of the relevancy provisions would clarify the functions of each section and discourage courts from admitting similar fact evidence which does not have a specific connection with the facts in issue via s 11(b). (2) Incorporating balancing test Most importantly, EA should be amended to include the balancing test with guidance drawn from the UEA, such that the probative value of the similar fact evidence should substantially outweigh the prejudicial effect. However, the definition of substantially outweigh should be left undefined and allowed to develop under the common law. The courts could draw assistance from the Australian case law. (3) Proving Identity A provision could be inserted to the EA allowing similar fact evidence to prove that the accused was responsible for the offence. In addition to the balancing test, the provision should also reflect the proposition that that such similar fact evidence must satisfy the threshold test of being strikingly similar to the offence, almost akin to a signature or special feature of the accused. However, it is submitted that the extension of similar fact evidence to prove actus reus should be limited to the situation w here the identity of the perpetuator is in doubt. B. Clarifications (1) Similar fact evidence produced by the accused mistakenly It is proposed that such evidence should subjected to a higher standard of balancing test where the probative value substantially outweighs prejudicial effect. (2) Only prior convictions are allowed Prior acquittals should not be admissible as similar fact evidence as this would be unduly prejudicial to the accused. Furthermore, this could result in the undesirable situation whereby the accused is subjected to a second round of trials with regards to the prior charges. In relation to the type of prior convictions that should be allowed, the EA should incorporate the definitions found in s 103(2)  [78]  and s  103(4)  [79]  of the CJA. (3) Clarification of s. 15 s  15 should be extended to include single act or conduct of the accused to rebut the defendants defence of accident. However, in light of a potential d anger of placing too much importance on a single episode, a qualification, such as the no rationale reason  [80]  test, should be implemented along with the extension of s  15. 5. Additional Safeguards A system of notice, as seen in UEA, should be included into the EA. This reduces the prejudicial effect as the evidence would not be a surprise. Furthermore, this approach would be in line with the CPC, which has already adopted such a procedural reform. 6. Conclusion Regarded as one of the most difficult area of the law of evidence, similar fact evidence can serve as a double-edged sword. It has the potential to convict the accused although the facts do not relate to the facts in issue and is highly prejudicial to the defendant. In light of the rapid development of the rules governing the admissibility of similar fact evidence under the common law and the recent trend of common law countries codifying the test of admissibility into statutes, the EA should be reformed to reflect these developments, instead of relying on case law which can lead to inconsistency and uncertainty. Further, as information of a persons past is easily obtained with present technological advancements, safeguards against similar fact evidence should be incorporated so as to ensure a fair trial.

All Of The Good And Bad Relationships That Came From The...

Almost everyone in the world wants a relationship. Someone to call their own and to be someones. Now a days, people meet each other through school or some type of social media. However, back to when Pride and Prejudice took place (between 1796 and 1813), things were a little different. A girl back then would usually meet a man through their parents and would eventually marry that man. In this essay one will learn about all of the good and bad relationships that came from the book, Pride and Prejudice. In the book the Bennets are considered and unhealthy couple. Reason is because Mr. Bennet shows no respect of love for his wife. There are many faults to this marriage, but that is the main reason. He also shows no love to her or even spend time with her, he spends most of his time in his study alone and does not want to be disturbed. â€Å"I would like to have the library to my self, as soon as maybe† (said by Mr. Bennett). I believe he seems to act sarcastically and arrogant t o his wife. The way he makes rude comments to her is not really being a true man. Marriage means that you love the person that you have giving everything to, that you need to show them the care and compassion that they need. However, when we, the people from this time period, look upon this marriage, we see it as an unhealthy and a marriage that will go down the toilet basically, but back then to that time period is was a normal and typical marriage because back then, marriage was based on money, not loveShow MoreRelated Antithetical Love in Jane Austen’s Pride and Prejudice2011 Words   |  9 PagesElizabeth Bennet and Mr. Darcy, the main characters of Jane Austen’s Pride and Prejudice, hate each other upon their first meeting but by the end of the novel are happily married. Elizabeth Bennet, protagonist, is developed through her interactions with antithetical characters: sisters and mother. 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Wireless Communication Introduction to the Amplifier

Question: Describe about the Wireless Communication for Introduction to the Amplifier. Answer: 1: Amplifier Amplifier is a device which can increase the power of the input signal and provides the output signal with more strength. Amplifiers are generally used in wireless communications and in audio equipment to increase the voltage, power or current of the input signal to enhance the quality of the audio received or transmitted by the audio equipment. There are different types of amplifiers depending on the configuration of their circuits and the method of amplification. Type of Signal Type of Configuration Classification Frequency of Operation Small Signal Common Emitter Class A Amplifier Direct Current (DC) Large Signal Common Base Class B Amplifier Audio Frequencies (AF) Common Collector Class AB Amplifier Radio Frequencies (RF) Class C Amplifier VHF, UHF and SHF Frequencies The figure below shows an ideal amplifier model which defines various terms like input signal, output signal and gain in the process of amplification. The gain of an amplifier is known as the difference between the input signal and the output signal, which in turn defines the amplification capability of the amplifier (Kazimierczuk, 2014). Figure 1 Ideal amplifier model (source: https://www.electronics-tutorials.ws) The amplifiers used in radios are capable for amplifying high-frequency signals used for radio communications and are known as RF amplifiers. These amplifiers in the radio amplify the signals broadcasted from the radio stations. This amplification of the broadcasted signal allows the reduction of noise and tuning of the signal to a specific frequency. This allows the turned RF amplifiers in the radios to tune to a specific frequency, which in turn allows the users to listen to specific radio channels without being distorted by the other radio frequencies i.e. the other radio channels being broadcasted. So the amplifier in a radio allows the user to tune to specific frequency by amplifying the low-power radio frequency to high-power radio frequency (Figure 1, 2013). 2. Mixer Mixer is an electronic device which takes two input signals and mixes them to create an output signal with higher bandwidth, power or voltage. The usage of the frequency mixers is very high in terms of the wireless or radio communications, as it is one of the most efficient way to shift an input signal from one frequency range to another. Such a shift of the input signal to a different frequency range allows efficient further processing of the signal or broadcasting of the signal. One of the usage of the mixers in the radio communications is as a modulator for the transmission of the radio signal. The modulation process allows the radio signal to be mixed with a carrier frequency higher or lower than it for the effective transmission from the radio stations. This is called a sideband frequency i.e. the band of frequencies either higher or lower than the carrier frequency responsible for the transmission of signal and the mixers are used as the modulators to achieve the final mix of t he sideband and carrier signal. There are different types of modulation process which results in different combination of the output signals as the result of the process (Jones, 2014). The amplitude modulation process results in a final signal having two different sidebands i.e. the sideband having frequencies lower than the carrier frequency, lower sideband (LSB) and the sideband having frequencies higher than the carrier frequency, higher sideband (HSB). Figure 2 Modulation process (source: https://www.tpub.com) The mixers are utilized in this modulation process to create the final signal to be transmitted or broadcasted. So the effective transmission of data over the carrier frequency is supported by the modulation with sideband frequencies either lower or higher than the carrier frequency. The modulation process in turn results in higher power of the output signal, which results in better quality transmission and broadcasting (Figure 3, 2016). 3 Multiplexing techniques CDMA and FDMA The technique of multiplexing is to combine a number of data streams and sources together to transmit them simultaneously over a common medium. The technique of demultiplexing is used in the receiver side to separate each of these data streams or sources from each other in the received signal. These techniques are utilized heavily in the wireless communication in order to share the transmission media among a wide range of data to be transmitted or broadcasted. There are different types of multiplexing techniques based on the implementation of the core process. The concept or technology of wireless networking is based on these multiplexing technologies, which provide users with specific access methods to access the shared bandwidth. Two of the most common access methods are Code Division Multiple Access (CDMA) and Frequency Division Multiple Access (FDMA). FDMA allows the entire bandwidth of the shared network to be divided into separate frequency bands (Ghanim, 2013). Each of these b ands are used for the access of each of the users of the system to the shared wireless network. But in case of CDMA, the input analog signal is converted into the digital version before being split into small divisions over a wide spectrum of bandwidth. Each of the division of the input signal is assigned with a code for the tracking and operational purposes. CDMA is generally used in the telecom industry to handle the calls over a wide spectrum of frequencies (Figure 3, 2016). Figure 3 Types of access methods (source: https://www.itu.int) References Figure 1 Introduction to the Amplifier: An Amplifier Tutorial. (2013). Basic Electronics Tutorials. Retrieved 20 August 2016, from https://www.electronics-tutorials.ws/amplifier/amp_1.html Figure 2 AM transmitter principles. (2016). Tpub.com. Retrieved 20 August 2016, from https://www.tpub.com/neets/book12/48k.htm Figure 3 All about the Technology. (2016). Itu.int. Retrieved 20 August 2016, from https://www.itu.int/osg/spu/ni/3G/technology/ Balanis, C. A. (2016). Antenna theory: analysis and design. John Wiley Sons. Ghanim, M. F., Abdullah, M. F. L. (2013). Wireless broadband access technologies. LAP LAMBERT Academic Publishing. Jones, T. L., Davis, R. D., Imbornone, J., Wang, X. (2014). U.S. Patent No. 8,624,658. Washington, DC: U.S. Patent and Trademark Office. Kazimierczuk, M. K. (2014). RF power amplifier. John Wiley Sons. Pynttari, V., Halonen, E., Sillanpaa, H., Mantysalo, M., Makinen, R. (2012). RF design for inkjet technology: Antenna geometries and layer thickness optimization. IEEE Antennas and Wireless Propagation Letters, 11, 188-191. Schmid, R. (2015). Antenna Working Group Technical Report 2015. IGS Technical Report, 2014, 129-132. Stutzman, W. L., Thiele, G. A. (2012). Antenna theory and design. John Wiley Sons.