Saturday, May 23, 2020

Performance of Sdssu in the Licensure Examination for...

CHAPTER 1 THE PROBLEM AND ITS SETTINGS Introduction High percentage of LET passers contributes greatly to the accreditation of education programs of a certain college or university. This, aside from adding zest within the vicinity of school academe, is the reason why schools offering education courses crave for high percentage of LET passers (Philippine Journal of Education, 2005). Today, prospective teachers must clear a series of hurdles to obtain and maintain a teaching certificate - one of which is to pass the Licensure Examination for Teachers (Libman, 2009). States use licensing to ensure that the only qualified teachers can be hired. This builds anxiety not only among examinees but more so far schools who turn out prospective†¦show more content†¦Four teacher education program components with key predictor variables for each are identified. First, program resources (total program expenditures) must be adequate to ensure the achievement of the learning goals and outcomes. Second, there must be sufficient faculty (student-to-faculty ratio) with the necessary qualifications (degrees earned, teaching experience) to influence program processes and outcomes. Third, the curriculum (didactic, laboratory, and professional practice hours; comprehensive examination) must support the entry-level competencies of professional practice and the achievement of learning goals and outcomes. Fourth, in order to graduate and enter professional practice, students (mean cumulative college GPA on admission) must be evaluated on the ability to demonstr ate competencies measured on the Licensure Examination for Teachers. Taking and passing the LET is the ticket to enter teaching profession which is the desire result of education students. Licensure Examination for Teachers (LET) is the professional board examination given by Professional Regulation Commission (PRC) to determine who are to be allowed to teach and who are not ( performances in terms of passing scores are often perceived as the scale in measuring the quality of education of schools offering teacher education. According to Daniel

Tuesday, May 12, 2020

Burden Of Proof In Criminal And Common Law - Free Essay Example

Sample details Pages: 5 Words: 1399 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Criminal Law Essay Did you like this example? He who asserts must prove. This statement of law allows us to understand that in criminal cases the onus of proof rests with the prosecution and that the standard of proof is one that must be satisfied beyond a reasonable doubt  [1]  . However, there are exceptions to this in the form of both statutory exceptions and within case law  [2]  . The statement also allows us to see that in civil cases the onus of proof rests with the party who raises the issue and the standard of proof is lessened to on the balance of probabilities  [3]  . There are two types of burdens of proof: the first is the persuasive burden which is when a party satisfies the court to the appropriate standard  [4]  . It is possible for both parties to bear the persuasive burden depending on the case in hand  [5]  . The second is the evidential burden which is when a party has to bring enough evidence in order for the court to at least consider the issue in hand  [6]  . These burdens are matter of law and will apply in each issue which is raised within the court  [7]  . In criminal cases the basic rule is that the burden of proof rests with the prosecution in order to win their case  [8]  . In the case of Slater v HMA  [9]  it was stated that: The jury was told that what is familiarly known as the presumption of innocence in criminal cases applied to the appellant (in light of his ambiguous character) with less effect than it would have applied to a man whose character was not open to suspicion. This amounted, in our opinion, to a clear misdirection in law. The presumption of innocence applies to every person with a criminal offence in precisely the same way, and it can be overcome only by evidence relevant to prove the crime with the commission of which he is charged. The evidential burden is important when it comes to criminal matters due to the presumption of innocence. It used to be the case that it was thought that the acc used was required to prove special defences however the case of Lambie v HMA  [10]  stated that this is not the case and stated that it is for the prosecution to disprove the defence beyond a reasonable doubt  [11]  . The only thing which the accused has to do is meet the minimal requirements of pointing at some evidence which allows the defence to be raised the evidential burden  [12]  . The accused must also give notice when wishing to use a special defence. There are exceptions to the general rule that it is for the prosecution to bear the burden of proof in criminal cases. There are four exceptions in which the burden of proof will shift  [13]  . The first is when the accused pleads a special defence of either insanity or diminished responsibility (which is not technically a special defence as it does not result in the accused being acquitted)  [14]  . They are named special defences as they require the accused to give written notice to the court that the se defences will be used in order for the prosecution to understand the line of evidence the defence will take  [15]  . Hume stated that when an accused wishes to plead insanity the persuasive burden will for that reason rest on the accused  [16]  . However, the evidential burden would also switch to the accused  [17]  . This is due to the fact that it would be very difficult for the prosecution to disprove this defence as the prosecution cannot force the accused to have psychiatric examinations to be done; therefore the burden is placed with the accused  [18]  . The second exception to the general rule is when other special defences are used these include alibi, self-defence or incrimination  [19]  . There is no requirement for the accused to corroborate the evidence put forward  [20]  . As well as common law exceptions to the general rule that the burden of proof lies with the prosecution in criminal case there are also statutory exceptions. These inclu de Parliament switching the burden of proof through Acts of parliament in relation to defences plead by the accused to specific crimes  [21]  . An example of this can be seen in the Criminal Law (Consolidation) (Scotland) Act 1995  [22]  which states that Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence. However, as it is unusual for a statute to make express provision as to where the burden of proof lies the Criminal Procedure (Scotland) Act 1995  [23]  states that Where, in relation to an offence create by or under an enactment any exception, exemption, proviso, excuse or qualification, is expressed to have effect whether by the same or any other enactment, the exception, exemption, proviso, excuse or qualification need not be specified or negative in the indictment or complaint, and the prosecution is not required to prove it, but the ac cused may do so. In civil cases, the burden of proof is said to lie with he who asserts a right given to him by the law must prove the facts necessary to establish it  [24]  which allows us to understand that the burden of proof will normally rest with the pursuer  [25]  . However, the burden of proof may switch between the parties when it comes to dealing with different issues, this will usually happen when the defender is pleading certain defences (for example contributory negligence)  [26]  . The reason for this is that the parties in a civil matter are not normally required to prove a negative therefore the burden of proof will rest with the defender to prove rather than the pursuer to disprove  [27]  . There are also statutory exceptions to the general rule that in civil cases the burden of proof will rest with the pursuer  [28]  . The leading case for statutory exceptions is Nimmo v Alexander Cowan Sons Ltd  [29]  . The statute under consideratio n in this case was the Factories Act 1962  [30]  and concerned safe working practices. It was held that the burden of proof rested with the purser in order to prove that the working conditions were not safe however, the pursuer was not required to prove that it was not reasonably practicable to make them safe and if the defender wished to rely on this then the burden of proof would switch  [31]  . The standard of proof in any case depicts both the amount and the quality of evidence which has to be lead in order for the burden of proof to be released  [32]  . In criminal cases this standard is said to be one of beyond reasonable doubt  [33]  therefore, the prosecution must prove the accuseds guilt beyond a reasonable doubt  [34]  . There has been difficulty is defining what can be classed as beyond a reasonable doubt and that there can be no quantitative amount place on it  [35]  . However, it has been described as something more than a merely speculative o r academic doubt  [36]  . When the burden of proof switches to the pursuer in criminal cases the question of what standard of proof shall be used must be asked  [37]  . The case of HMA v Mitchell  [38]  states the common law position, in relation to the defences of insanity and diminished responsibility, with Lord Justice-Clerk Thomsons charge to the jury stating that: The burden of proof is on the defence, because in our law there is a presumption that a man is sane. But you must keep clearly in mind that the burden in the case of an accused person is not so heavy a burden as the burden which is laid on the CrownÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ the Crown has to prove its case beyond a reasonable doubtÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ Where, however, the burden of proof is on the accused, it is enough if he brings evidence which satisfies you of the probability of what he is called upon to establishÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦ it is a question of the balance f p robabilities. Therefore, the standard of proof changes from on beyond a reasonable doubt to on the balance of probabilities  [39]  . In relation to all other common law issues, in criminal matters, the burden of proof will remain with the Crown and should there be a reasonable doubt in the mind of the trier then the accused should be acquitted as the Crown has failed in discharging the persuasive burden  [40]  . The standard of proof which is required when a statute places the burden of proof on the pursuer is also on the balance of probabilities  [41]  . Don’t waste time! Our writers will create an original "Burden Of Proof In Criminal And Common Law" essay for you Create order

Wednesday, May 6, 2020

Directory Viruses Free Essays

There are many ways to sabotage a computer. Some malicious programs create software that automatically replicates itself and spreads throughout a computer’s file system to destroy it later. One of these virus types is called the Directory Virus. We will write a custom essay sample on Directory Viruses or any similar topic only for you Order Now From its name itself, one can know that it attacks the directory and file system of a computer. The computer uses a large file that contains information about its subdirectories and files. It includes information such as the starting cluster, the name, the time and date it was created or modified, attributes such as being read-only, and other information. Every time a file needs to be accessed, it searches for the directory entry and the starting cluster, an index to the File Allocation Table or FAT. All the other cluster addresses are in the FAT. So a Directory Virus infects clusters and allocates it in the FAT. It then targets other clusters and infects other files. The destructive code is usually with executable files such as the ones ending with . EXE or . COM. The location or paths to the computer’s files will then be changed by the Directory Virus so that it can infect other files. This will be done transparently, without the user’s knowledge, until the original files will be impossible to find. Eventually, the user’s files become useless (Spam Laws, 2009). In May 1991, the DIR II virus was discovered first in Bulgaria. It is also known as Creeping Death and was written by the same programmers who coded the DIR, MG and Shake viruses. At that time, it was considered to be unique since directory viruses were still unknown. It changed directory entries only and did not change the files (Hypponen, 2010). It was eventually followed by variants such as the DIR III and DIR BYWAY viruses. The BYWAY virus appeared first in mid 1995 in Venezuala, but was possibly authored by a Chinese programmer named Wai Chan since the code is signed â€Å"By Wai Chan† (PR Newswire, 1995). It is similar to the DIR II family of viruses but alters the technique slightly by modifying directories and cross linking executable files to point to a file named CHKLISTx. MSx, containing the viral code (Paris, 2010). The BYWAY virus has an interesting story since it reveals that people from different countries often disguise themselves using other countries. The Chinese search engine, Baidu, for example was attacked by malware that showed an Iranian flag, but Baidu doubts that it was Iranian. They believe that it was American hackers who did it. In the same way, the BYWAY virus claims that it was authored by Wai Chan on August 1994. And then when the virus is triggered, it pops out a message saying, â€Å"Trabajemos Todos Por Venezuela† which means, â€Å"We are all working for Venezuela.† It also plays music simultaneously, mimicking the Venezuelan national anthem. But it is likely that the real author is neither Venezuelan nor Chinese since crooks are not likely to leave their calling cards at the scene of the crime. It is also possible to remove the virus without using disinfecting software. Simply rename all . COM and . EXE files with non-executable extensions. The virus will automatically correct the FAT. Then reboot using a clean boot disk to remove the virus in memory, and rename everything back to its executable extensions. Do this for all hard disk partitions and the virus will be removed. Unfortunately, because viruses are popularly known to wreak havoc on computers, there is an urban myth propagating in the world that every time a PC doesn’t work properly, it is always caused by a virus (Rutter, 1999). However, the fact is that not all PC problems are caused by viruses. There may be manufacturer bugs in the software or incompatibility issues with the hardware or software. Or the computer may simply be malfunctioning like any other electronic device that eventually fails. How to cite Directory Viruses, Papers

Friday, May 1, 2020

Communication and Computing Technology †

Question: Discuss about the Communication and Computing Technology. Answer: Introduction: This is based on addressing the issues which are related to the network and how it is based on the different trusted client systems. The levels are implicit with the use of the dedicated authentication server which can be used on the machines with the distinct forms of the network services like the file or the printing servers. (Jenkins et al., 2016). For this, the authentication of the requests for the services with the workstation that cannot be trusted is mainly for the identification of the users and for handling the network services. The threats related are: The threats are based on the factors with the individuals and the client working which also includes the operating systems that are from any other work stations. The issues are related to the alteration process with the network address. The workstation handles the requests that is being sent with the focus on the impersonated workstations (Moussu et al., 2017). Here, the user also works towards handling the server operations as well as the disruption problems. Solutions: The check is on the reliability of the individual clients with assuring the identity and the user who are relying on the servers with the enforcement of the security based policies. The issues are with the user authentication ID as well. The requirement of the clients to properly handle and work on the system authentication is important with the trust that is given to the client. The concern is about the requirements of the user are administered with the services that are invoked. Hence, it also needs to work on the proving of the server identity to the client as well (Khurana et al., 2016). Complete Diagram (Explanation) This includes the security and the network patterns where the secured network eaves dropped are not able to properly work on the information with the user impersonating the information. Kerberos need to work on the potential opponents with the fact that it does not have to find for any weak links. The reliability is for the services and the working that goes on Kerberos with the access based on controlling and handling the lack of availability. This also includes the availability with the check on the supported services as well. Kerberos is working on the reliability patterns with the focus on how one should employ for the distributed server architecture which is able to handle one system with the backup of the other. Considering the differences between Kerberos 4 and 5 version, there is a need to work on the updates with the patterns that require to handle the authentication with the user identity process and the user requests as well. The internet can easily be found to be secured with the involvement and the exchange of the different information which are set with the related user patterns like the username and the passwords (Zhu et al., 2017). There are different financial transactions for working on the wide variety of the scrutiny by the hackers. For the elimination, Kerberos works on the development with the wide range of the scrutiny by the hackers with the information that is exchanged with the subjected to the wide range with the hackers, and malfeasants. The website includes experience with the heavy user traffic with the forms that are for sniffing out the details from the users with the use of the hacker advantage. The functioning is based on the user requests with the payment service s that allow the authentication and working on the generation with the particular sessions keys and ID. The user puts with the details and the focus is on obtaining the services with the passwords that are exposed on in the wire. The vital data works on the encryption with the stages of the transactions (Zhu et al., 2014). IdentificationThe Kerberos V5 authentication protocol processes and the interactions with the illustration of the Network Authentication Service. The Microsoft Security Support works on the interface with the mechanism that includes the access with the components like the keys, tickets and the Key Distribution Center. Kerberos SSP works on the remote server with the workstation management using the RPC, with the printing services, client server authentication. The remote file access works on the access with the use of the Common Internet File System, distributed file system management and the referrals. The Kerberos protocol works on the reliability with the authentication techniques that involve the shared secret keys with the concepts that include the verification and works on handling the secret (Moussu et al., 2017). The problems are set with the secret key cryptography rather than sharing of the password and the communication to share the cryptographic key, with the use of the k nowledge. The party knowledge is about the encryption with the information that provides the decryption of the information. Version 4 Kerberos Version 5 Kerberos Chronology This includes the releasing of the versions 5 in the time of 1980s This was in 1993 with the better appearance. Algorithm for Key Salt There is name partially entered for the principal. The use of the principal naming with the entire planning. Encode The receiver making it right with the encoding of the system. The usage of the ASN with the coding system patterns. Ticket Support This is for the satisfactory measures The well extended part with the facilitation that includes the renewal and the postdate of the tickets. Address for the network This includes the IP with the handling of the different other protocol networks. The multiple IP addressed with the use of the other addresses includes the different protocols with the network standards. Transitive support for the authentication This includes that there is no presence for the cause (Jenkins et al., 2016). There is a particular support with the proper authenticated programs. References Jenkins, M., Peck, M., Burgin, K. (2016). AES Encryption with HMAC-SHA2 for Kerberos 5 (No. RFC 8009). Khurana, N., Saggar, S., Kaur, B. (2016). Data security during cloud storage management in public cloud using Kerberos: An authentication protocol. JIMS8I-International Journal of Information Communication and Computing Technology, 4(2), 226-231. Moussu, S., Doll, N. M., Chamot, S., Brocard, L., Creff, A., Fourquin, C., ... Ingram, G. (2017). ZHOUPI and KERBEROS Mediate Embryo/Endosperm Separation by Promoting the Formation of an Extracuticular Sheath at the Embryo Surface. The Plant Cell Online, 29(7), 1642-1656. Zhu, L., Hartman, S., Leach, P., Emery, S. (2017). Anonymity support for Kerberos.Zhu, L., Kaduk, B., Altman, J., Schaad, J. (2014). Initial and Pass Through Authentication Using Kerberos V5 and the GSS-API (IAKERB).

Thursday, March 5, 2020

Local Gov essays

Federal Versus State/Local Gov essays Throughout the Civil Rights Movement, the federal and southern state/local government battled each other on many issues. When the federal government set mandates, often times the southern state/local government had much resistance with complying. The southern state/local government opposed the Civil Rights Movement by non-compliance to federal mandates, refusal to provide adequate protection to civil rights protesters and the abuse of civil rights protesters. There were many situations when the state/local government hindered the flow of the Civil Rights Movement. Instances where the local police force did not do their job occurred. The police force was a branch of the local government and the local polices duty was to protect and serve the community. This oath to serve and protect all did not apply to African Americans. During times of protest, either African Americans received much abuse from police officers or the police officers stood around and watched African Americans be beaten. During the freedom rides, the local government fought against the protests while the federal government protected not necessarily the cause but the citizens involved. Mobs of people attacked the Freedom Riders meanwhile the local government did nothing to protect the riders. They actually encouraged the mobs to beat the Freedom Riders by turning the other cheek when it came to stopping the mobs. Not a single police officer was in sight when the rid ers arrived in Montgomery, Alabama. As a result of this lackadaisical attitude to protect the riders, Robert Kennedy had federal marshals sent into Montgomery . Despite the protection in Montgomery, the Freedom Riders had a much different experience when they entered Mississippi. Local police officers arrested and jailed many of the Freedom Riders subsequently ending their freedom ride. This was an example of how local government hindered the Civil Rights Movement. The Freedo...

Tuesday, February 18, 2020

Primary Crime Data Sources in the United States Essay

Primary Crime Data Sources in the United States - Essay Example This means that unreported crimes are not covered by the data. Therefore, the Uniform Crime Reports can not be said to cover all crimes but only reported crimes. They conclude that alone the Uniform Crime Reports do not provide comprehensive and conclusive data on incidence of crime in the United States so they must be considered only one part of an analysis of crime an supplemented with other sources of evidence. While they do not consider the National Archive of Criminal Justice Datas National Incident-Based Reporting System the same could be said of it. Its data is based on reported crime and leaves unreported crime unconsidered and unaccounted for. No official publications on crime rates consider unreported crime. Arguably, by definition, unreported crime cannot be considered using strictly quantitative measures. Unreported crime is best studied using other research methods such as interviews with residents of and employees of social service agencies in the city or area under examination. They may be particularly true in areas where law enforcement agencies and the criminal justice system are distrusted or feared. Lynch and Jarvis (2008) point to an even greater problem with academic statistical analysis of the Uniform Crime Reports. They note that the data is produced by and for law enforcement agencies and is intended to provide broad indicators of crime trends to law enforcement agencies. They also note that the data is not statistically rigorous, nor does it claim to be, because it was never conceived as a tool for academic analysis. Unlike the Uniform Crime Reports the National Incident-Based Reporting System also includes data on clearance or the disposition of incidents. This is particularly useful data for researchers and is not impaired by the fact that only reported incidents are included in the data set. For example, Jarvis and Regoezci (2009) used the National Incident-Based Reporting System to