System Analysis Report

System Analysis Report Table of Contents Executive Summary System Vision The purpose of this report is to present the proposed system analysis for the client, Click Connect, with the intention of ensuring all stakeholders involved agree on the planned solution. Throughout the project the analysis, development, implementation and testing phases will be conducted using, the industry standard, agile development life cycle. This specifies that changes can be made if required and appropriate. The system analysis report is intended for all the projects major stakeholders: the client, the academic supervisors and the development team. Firstly, this report will highlight the system vision by expanding on the project description, system capabilities and business benefits. The purpose of this initial section is to ensure that all stakeholders involved agree on the expectations and benefits of the system.   Secondly, in this deliverable the system requirements section is used to describe the functionality listed in the system vision and with the use of diagrams allow for all stakeholders to agree on the system requirements. With the use of a functional decomposition diagram the major subsystem for the Click Connect system have been described and all major functions identified. Alongside this a conceptual data model (entity relationship diagram) is presented to assist in explaining the main business processes and their relationships. It is expected that this diagram will change throughout the iterative development process. Following on, an architecture overview is utilised to highlight the current IT system and any proposed constraints. Finally, in the system requirements section a prioritised list of the system build plans has been included. The purpose of this section is to identify and describe the system requirements and constraints on the system. Thirdly, the project organisation section of this report focuses on the system development approach, the team structure, the overall project plan and risk management plan. Ultimately this section will describe how the system develop will be approached with both its iterative and incremental nature in each build. A Gantt chart has been included to list the major tasks that will be carried out and the proposed timetable that will be followed. This chart, as a part of the overall project plan, includes the tasks and activities highlighted in the system overview. Alongside this, the risk management plan outlines current risks and possible impact they would have on the project completion. The intention of this section is to ensure all stakeholders are across the incremental development and risks involved with this project. Finally, in this document a sign off sheet has been provided to ensure that the client has acknowledge the system overview report and to signal acceptance of the scope, content and expectations laid within. In this section if aspects are to be changed they need to be noted and agreed upon. As well an appendix has been included with client interactions and development artefacts. Project Description Client Background Click Connect English for kids Inc. is not for profit organisation that use technology to connect with disadvantaged students from underprivileged backgrounds. Using skype, volunteers connect with their students to achieve both academic success and self-empowerment for their students. Their focus is on enriching the lives of those less fortunate by teaching English and other skills. Click Connect skype lessons are currently taught out of King David School, in Armadale, where volunteers teach English to students from elementary schools in Israel. They are currently connected with two schools however aspire to educate students from across the globe, when the organisation grows. The program has been acknowledge and welcomed by the Israeli Ministry of Education. History Leading up to the Project Click Connects current website was created by volunteer programmer who designed a basic website. The websites current functions allow for visitors to access information about the organisation and how to contact them. The website also allows for individuals to apply to be a volunteer, which is done by filling out an online form, attaching a police check and a working with childrens check. Alongside this the website has an image carousel which displays images highlighting the students and volunteers learning together. The current website has an upcoming events section, where the client can create, read, update and delete. System Modifications Including System needs and Current Problems The current system is simple and does not provide all necessary functionality that the organisation requires. The clients aspires for the organisation to expand over the next few years and they have acknowledges that a more complex system is required. The dream for client is to have the organisation expand regardless of geographic location and ultimately enable volunteers to teach students from around the world. Firstly, the client has requested that the website to be aesthetically enticing to encourage visitor to either volunteer as a teacher or donate to the organisation. Secondly, the website has a video carousel (vimeo) which the client is not entirely happy with. The client is happy to keep the image carousel however they would like it to be presented better and to include more images of education and the students learning. Thirdly, and arguably the most important aspect, the client would like a secure password protected portal for volunteers to log into and access all the information required. The client would like the volunteers to be able to access lesson information prior to starting the skype lessons. Additionally, as mentioned before, all skye lessons calls are currently made from the King David School in Armadale where volunteers log into skype. The client is requesting if there is a way for volunteers to make their skype lesson calls from home (or any geographic location) via the volunteer portal. With this new feature it will be fundamental that the calls can be monitored so the organisation is aware who is calling the students. This aspect will allow for the organisation to grow and allow for volunteers from around the world to teach the students. Next, the client wants to modify their system to include an internal calendar. This calendar will be used to advise dates of important events and post classes per semester. Additionally, the client currently accepts donations by cheque and responds by writing a handwritten thank you letter to the donor. The client has requested that the revamped website has an aspect for visitors to the website to donate to the organisation. The donation of the aspect will ultimately increase the number of donations received due to the usability and efficiency of online donations. System Capabilities Stakeholders Volunteers: those volunteering time to teach students via skype Admin: those individual/s which manage the system Donors: those individuals who donate to the organisation Teachers: external to the organisation, the teachers managing students receiving lessons Students: external to the organisation, those being taught via skype Activities of Stakeholders Volunteers Make skype calls Check lesson plans View internal calendar Admin Create, read, update, delete content Monitor lessons Update lesson plans Create calendar events Donors: Donate funds Receive donation invoice Context Physical locations the system will be used: Volunteers houses, volunteers schools, currently main administrator client main location is the King David School in Armadale Technology Internet Service Provider Skype Computers/Laptops Website/Browser Based: html, xml, css CakePHP, CodeAnywhere, jQuery Database design, mySQL, phpMyAdmin Vimeo Non-Functional Requirements Security: a secure portal login will ensure security for all stakeholders Reliability: ensuring that software hardware will perform the required tasks Usability: the modified website interface and the internal database system designed to be user friendly and straightforward Extensibility: the client has stated that the organisation will one day be handed over therefore the system will be built in a way that future growth can occur Documentation: user manuals to ensure that the system can be maintained once the Industry experience project has commenced Business Benefits The following business benefits have be derived from the proposed system vision, system capabilities and all meetings held with Click Connect. For the purpose of this report all benefits and have been categorized by who the primary benefiter would be, the action that would be taken and of course the outcome this benefit would have. Volunteers Action: Skype lesson calls made via secure portal Primary benefit: Enables calls to be made regardless of geographic location Outcome: Increasing the number of volunteers as the calls can be made securely from around the globe Action: Internal Calendar Primary benefit: Keep volunteers up to date with semester information and important dates Outcome: Ensure all volunteers are aware of up to date information thus increasing efficiency Donors Action: Donations made online via PayPal Primary benefit: donors can easily donate funds to the organisation online Outcome: Potential increase in amount of donations the organisation will receive as a not for profit organisation these donations are crucial Admin Action: Creating a secure password protected portal Primary benefit: Ensuring that only authorised users (volunteers or approved users) can access sensitive information regarding lesson plans, times and students Outcome: Security for volunteers and students is one of the main priorities for Click Connect. This secure portal will ensure all data and information is safe Action: Monitoring Skype calls Primary benefit: Ensuring security Outcome: the admin (client) will be able access information about when skype calls were made to students Organisation Action: Editing the content and design of the current website Primary benefit: An aesthetically enticing website hypothetically will encourage visitors to the website to be drawn and in and more likely to donate and/or volunteer to the organisation Outcome: Increase in volunteers and donations Action: Improving on current video carousel (vimeo) Primary benefit: Showcasing images of students and teachers learning will put a face to the organisation and encourage those visiting the website to donate and/or volunteer to the organisation Outcome: Increase in volunteers and donations Major Sub-systems (Functional Decomposition Diagram) Figure 1. Functional Decomposition Diagram of Click and Connects System.Remove 1.3 This diagram encompasses different pieces of functionality that the complete system should provide. Each function or subsystem is broken down further into smaller processes. Functional Decomposition Diagram Description The following is a description of each major function or subsystem from Figure 1. 1. Manage Volunteers 1.1 Volunteer Registration Only members of the organisation such as volunteers are allowed to access certain resources. First, potential volunteers are required to input personal information and take a quick survey. Documents and certificates showing proof of working with children are required to become a volunteer. Volunteers are also given a skype account belonging to Click and Connect. 1.2 Login and Authentication Important step in safeguarding the website from attackers. Only volunteers and personnel with administrative rights have a login and username. All other information on the website is public, hence no security restrictions are needed on other pages of the website. Genuine users will be able to access Click and Connects volunteer page or admin page. This is very much dependent on their access rights which is assigned upon account creation. 1.3 Update Teaching Material This an admin function where teaching material can be uploaded and managed. This is a necessary function to ensure that the children are taught a variety of topics and not the same topics by different volunteers. 2. Manage skype sessions Unfortunately, no real solution has been adopted as of yet. (Many holes in understanding of this subsystem) 2.1 Organise Session Times Schools must let the organisation know what days and times during the week they are providing this program for the children. Similarly, volunteers are required to set days and times they are available to participate in skype sessions. 2.2 Volunteer Session Assignment What happens is that the school asks for a certain number of volunteers. (E.g. 5 teams in a classroom means that they will need 5 volunteers for the next hour). Volunteers who are available at the time will be invited to join the skype sessions by clicking on a link or button. 2.3 Update Session Logs Certain information is kept about each skype session between volunteers and the children. This is for security concerns and allows easy tracking of accounts to follow up on flagged behaviour. 3. Manage Donations Visitors are able to make donations by accessing the donation page on the website. PayPals online service will be integrated into Click and Connects website to handle donations. PayPal is a widely accepted brand that takes most credit cards including Visa, MasterCard and American Express. It is also free and does not take any commission. 3.1 Receive Donations The donor is required to submit personal information and payment details in order for donation to be successful. 3.2 Send Emails (Receipt or other) Sending of receipts is going to be an automated process. A receipt will be sent to a donor immediately after their donation has been processed. 4. Manage Website Content Solely an admin function where they can change the content of the website such as images and text. 4.1 Upload Material The admin can make changes to specific elements of the homepage and other pages of the website. An easy to use interface allows uploading of images and texts. It is also possible to specific elements that needs to be changed. Some of these elements include: Images in the Carousel Resource Page History Page Event creation and updates fall under this category as they are just specific places where new content is applied. This will change the homepage under Upcoming Events. 4.2 Update Website Content Once the material has been uploaded, they will be applied where appropriate. The admin has the option to prevent certain content to be changed and can also remove content. (E.g. Admin adds a new video to the website, however, this video does not replace or appear on the front page unless specified.) Constraints Volunteers have a limited number of sessions that they can take each week and month. This constraint is in place so that other volunteers may also get an opportunity to participate especially since the accounts are shared. Volunteers can only have a single account. (1 username and an associated password) Volunteers are assigned 1 skype account. Admin is only able to change the content and not the layout of the website. Not every aspect or page is changeable. See Appendix for development artefacts    Conceptual Data Model Description Our client, Click Connect (CC) manages its database system by storing the information in a number of entities such as: Staff/Admin managing tutors schedule session and receive donation from donors Donor there are mainly two type of donors. Donation can be cash or material such as book Tutor is connected to school and course Country storing the country names. At the moment, CCs tutors are in Australia and there are prospective tutors from New York and Canada Tutor_School is the bridge to connect between tutor and school entities School consist of tutor, class/session and students names Class/Session displays all the available sessions for the school Student stores the required details about the students Course lists different levels of course and its related tutor To display more details, please see Entity Relationship Diagram below Proposed System Architecture Overview The client wish to have a flash screen as a starting point. It displays rich of features as much as possible to attract all visitors with ease of use and navigation. The above image is the initial system architecture overview of our client. Also, it is the only paper base information which we received from CC. this becomes an appendix to the erd The one in the presentation become an appendix Build Plan In each cycle, we will work on a single function or sub-system from Figure 1. Priority: Volunteer Management Function Skype Session Management Function Donations Management Website Content Management See Project Organisation on the next page for more details. System Development Approach The proposed system development for Click and Connect will be created using an Agile development approach. Agile development methodology provides opportunities to assess the direction of a project throughout the development lifecycle. This is achieved through regular cadences of work, known as sprints or iterations, at the end of which teams must present a potentially shippable product increment. By focusing on the repetition of abbreviated work cycles as well as the functional product they yield, agile methodology is described as iterative and incremental. In waterfall, development teams only have one chance to get each aspect of a project right. In an agile paradigm, every aspect of development requirements, design, etc. is continually revisited throughout the lifecycle. Every time we finish a cycle, we stop and test with our client and then get feedback so we can make changes if needed. Otherwise the project wont go towards the right direction. Our project is to develop sub-syst ems based on the website they have at the moment. Functions are prioritised like: 1.Volunteer Management Function 2.Skype Session Management Function 3.Donations Management 4.Website Content Management Team Structure Team Name: Slash Programming Team Number: 8 Team Members: Anthony Nguyen (Project manager) Lauren Madson (Client Liaison) Sinon Sil Hanyu Li As a team, we will all contribute to the project and attend meetings as long as we are able to. Everybodys ideas will be considered and discussed so that we can make a better decision. Each member will have a specific role in the build plan and will all help to work on each cycle. Overall Project Plan Gantt Chart This gantt chart is created from Microsoft Project software. The tasks in this gantt chart are from the initial project plan. We may make changes to the project according to the further information given by our client. Currently we just finished the system overview report. And we will start to build the functions that our client requires. Although we only have 4 main functions to implement, but the subsystems in each function could take some time to build. We will try finish all function before build 5 then we can do system testing and fix small problem we may face. Risk Management Plan Risk Name: Risk Description: Context (What is it? Likelihood of occurring and impact. Low/Medium/High) Risk Management: (prevent, reduce, transfer, contingency, accept) What actions are needed implement the strategy? Risk Name: Poor Time Management Skills (Team Risk) May conflict with incorrect time estimates scheduling Risk Description: Tasks may be allocated poorly. There is a high chance of this happening as many members of Slash Programming work several times a week as well as studying other units. This affects the ability to complete tasks on time and may result of failing to complete development deadlines. Risk Management: (Transfer) Risk Name: Existing Architecture May Conflict with New Design Risk Description: Click and Connects website is being worked on by another Risk Management: Risk Name: Risk Description: Risk Management: Hanyu Risk Name: Budget problem(budget risk) Risk Description: during the development of the system, we may have to expenses, but this organization is non-profit, so it is hard for them to get budget from outside. Risk Management: Apply for help from government Risk Name: Third person involvement (team risk) Risk Description: We heard there is a volunteer called Luke is also working on the website, we may have conflicts in the future. Risk Management: keep each other informed and discuss the possible solutions Laurens section Risk Name: Third party components and plugins (technical risk)Risk Description: Risk Management: Risk Name: Incorrect time estimates scheduling (schedule risks) Risk Description: Risk Management: Project Title: Click and Connect Website Start Date: 30/03/2017 Completion Date: 11/10/2017 Project Duration: 6 months and 12 days. Signature..Date././. Client Signature..Date././. Project Leader Signature..Date././. Client Liaison Signature..Date././. Project Builder Signature..Date././. Project Builder Date Team Member Version 19/03/17 1.00 20/03/17 1.01 20/03/17 1.02 21/03/17 1.03 21/03/17 1.04 22/03/17 1.05 24/03/17 2.00 24/03/17 2.01 24/03/17 2.02 25/03/17 2.03 25/03/17 2.04 25/03/17 2.05 26/03/17 2.06 26/03/17 2.07 27/03/17 2.08 28/03/17 3.00 Client Interaction Meeting minutes Client interaction notes Client weekly updates Development Artefacts User stories The following stories were used to build use case diagrams in the next section. Use Case Diagrams Use case diagrams were used to help build an understanding of functional requirements in Figure 1. Donation Subsystem Skype Session Management Subsystem Volunteer Management Subsystem Website Management Subsystem

How Should China Establish The Privilege of Silence System in Criminal Proceedings?

1. The origin and the connotations of the Privilege of Silence. â€Å"Miranda warning† originated from a case heard by the U. S. Supreme Court in 1966: an 18-year-old girl was kidnapped and raped, she identified that it was Miranda who did that. The police interrogated Miranda and used his confession as the hearing testimony. After Miranda was convicted he appealed to the Supreme Court on the grounds that the police did not inform him of the right to remain silent, and his confession was concocted under pressure. He said that if he had been told to have a privilege of silence, he would have not made up that confession. After considering all the arguments, the United States Supreme Court ruled the Miranda confession invalid. Because of this jurisprudence, when arresting or interrogating suspects, the police need to say the â€Å"Miranda warning† first. This is how the privilege of silence was born in the judicial system. The Privilege of Silence contains the following connotations: First, the suspect has no obligation to say words which might be detrimental to his/her own, the prosecution agencies or the courts can not use inhuman or degrading methods to force him to say; Second, the suspect has the right to always keep silent during the interrogation, and the judge can not make the adjudication against him/her because his/her silence; Third, before the suspect says the favorable or unfavorable word to him/her, he/she has the right to know the consequences of these words. And he/she must be voluntary to say. If the suspect was forced to speak, the court cannot use these words as the evidence. 2. The Privilege of Silence in China In China, the Privilege of Silence has not yet been established. This is inseparable with China's actual situation. In China’s judicial practice, on one hand, due to the comparatively poorly developed investigation technology, the testimony of the suspect plays an important part in guiding the police to find out the truth. On the other hand, paying attention to the testimony of the suspect can indeed enhance case handling efficiency. However, the neglect of the right of silence begins to constantly expose some problems. For example, some significant wronged cases reported by the media these years show that the problem of â€Å"Confession by Torture† is so severe in China. Although the confession by torture is strictly prohibited by Criminal Law, yet in the investigation, prosecution or trial activity, the phenomenon of torture generally exists. It is not uncommon that the judiciary staff frequently uses threat, enticement, deceit or other illegal methods to collect evidence, which seriously violates the basic human rights guaranteed in the Constitution. Among the various causes of the torture phenomenon, the most important reasons are the ideology of the presumption of guilt and the practice of relying heavily on confessions. Thus the establishment of the privilege of silence plays an important role in effectively combating with this phenomenon. 3. Pros and cons Whether China shall establish a right to silence system? This has long been the hot topic in the legal circles in recent years. The mainly supporting ideas are as following: (1) The establishment of right to silence can help to curb the long-standing phenomenon of confessions by torture. Extracting confessions by torture is a spurned and forbidden behavior in the civilized society. Its typical characteristic is to impose violence or disguised violence on the suspect, severely devastating both the suspect’s physical and psychological health, violating the natural rights of human. (2) It is required by the full implementation of the presumption of innocence. Although the presumption of guilt is prohibited by law, yet in China’s judicial practice, this harmful ideology is not even close to be banned. Under the impact of this ideology, the alleged offender is considered as a criminal and he/she shall be treated as a criminal. So the penalties, the long-term or even indefinite detention, the torture and other inhuman ways can all be imposed on him/her. 3 (3) China has recognized the right of silent advocated by some international rules or meeting, therefore, China needs to make the corresponding provisions in the Code of Criminal Procedure. With the development of international economic and trade, the cultural exchanges between China and foreign countries continue to deepen. You can read also King v Cogdon The technological media makes China’s judicial activities began to be transparent to the world. Thus, to safeguard the image of the country, a high demand of the legality in investigative activities must be assured. (4) The confirmation of the privilege of silence was considered to be one of the most important milestones in human’s fight to the civilization. It ensures the humanity and justice in the criminal proceedings. It reflects the degree of judicial civilization of a country, and is an inevitable requirement of the country according to law. Opponents argue that the country should not create a right of silence system, the right of silence does not meet the conditions of our country, at least for now China does not yet have the conditions to introduce this system, their views mainly include the following: (1) The privilege of silence reduces the effectiveness of the proceedings, and influences the effectiveness of punishing crimes. The confession of the suspect is the shortcut for investigators to identify the facts of the case, but the silent right blocks this shortcut. This right of the suspect would make the investigators’ interrogation right exist in name only. As a result, the search of various potential evidences relies solely on the existing investigation techniques and the professional competence of the investigators, thereby greatly slow down the investigation process, and even stagnating investigative work. There are irreconcilable contradictions between the privilege of silence and the principle of economic proceedings. And if the investigators failed to find relevant evidences other than the confession, the truth of the case would not be identified and the defendant must be released. If the released defendant were the real criminal, then it would undoubtedly indulgent the evil, and would obstruct upholding the social justice. (2) The privilege of silence is bound to increase the cost of litigation. Once the suspect decides to keep silent, investigators then have to spend time and energy, make use of manpower, material and financial resources to search for clues and evidence for the case. Therefore, the establishment of the silent right system will inevitably lead to the increase in the cost of litigation. (3) The privilege of silence cannot fundamentally exclude the confession by torture. The right of silence can help to curb the torture to some degree, but due to a variety of objectively presenting reasons, investigators can always come up with various means or reasons to circumvent the legal responsibility. Therefore, the privilege of silence itself is not the cure of torture. To make the privilege truly serve to inhibit the confession by torture, there must be corresponding establishment of mechanisms to ensure the enforcement of this privilege. (4) In some major crimes of terrorism and organized crimes, the privilege of silence might be used by these â€Å"career criminals†, making them escape from the punishment of law. This is contrary to the original purpose. Despite there are certain flaws exist in the privilege of silence system, However, even criminals should also have their own personal rights, not to mention the suspects, any suspect can not be identified as guilty before the court makes a final judgment, so their right to remain silent should not be illegally infringed. If such a close judicial procedure could not be ensured, then the remote â€Å"eternal justice† would be doomed to remain as utopia. The reason that the Americans has accepted the â€Å"Miranda warning† and would tolerate the side effects of the Miranda rule is that they believe that the law’s first function is to suppress the public authority, secondary is to suppress the dangerous social criminals. 1 If the public authority were out of control, its harms to the society would be far more than those of personal crimes. Letting go the murderers may make the justice come late, but letting loose the public power may ultimately distort and devaluate justice. If the authority were abused to protect the so-called justice, it would be extremely possible that some legal-abiding citizens might be pushed into the abyss of evil. By then, even if it punished crimes a hundred times, it would not offset the pains that a kind person had gone through from one injustice. Even though the build of the privilege of silence system is the trend, it is important for us to realize that there are objective flaws exist in this system, efforts should be made to prevent its negative effects. According to the current conditions of the country, my suggestion is to confirm a limited right of silence. 4. Recommendations: Build a limited privilege of silence system. The right of Silence System is an integrated system that contains many aspects of deep-seated factors in the litigation. Thus the establishment of the right of silence system is not a simple task, but a systematic project, including the legislators' decision-making, the public’s recognition and support, the corresponding operational mechanism and the appropriate protection mechanism. Therefore, under current conditions, the country needs to establish a minimum mechanism of protection of the right to silence. (1) Comprehensively establish the principle of the presumption of innocence. The principle of the presumption of innocence is one of the basic principles in the criminal proceedings and is a generally recognized criminal procedure principle for modern countries under the rule of law. And the right of silence system is the necessary logic requirement of the principle of the presumption of innocence. The Article 12 of the Code of Criminal Procedure in China stipulates: â€Å"No person shall be found guilty without being judged as such by a People's Court according to law. † It has absorbed the spirit of the presumption of innocence. Therefore, the Code of Criminal Procedure should further clarify the principle of the presumption of innocence. This is the theoretical basis for and the guarantee of implementation of the privilege of silence system. Accordingly, the Article 12 can be modified to: â€Å"Every person should be regarded as innocent before the Court’s effective verdict. Every suspect has the privilege of silence, unless his/her privilege of silence is excluded by law. † (2) Expressly exclude the rule of self-incrimination and clearly confirm the privilege of silence. Prohibit making any adverse inference because of the suspect’s silence. Cancel the obligation stipulated in the Criminal Procedure Law that requires the suspects to answer questions truthfully. There is a close connection between the exclusion of self-incrimination and the privilege of silence. And the exclusion of self-incrimination should be a basic principle for the criminal proceedings. Therefore this principle could be added in the first chapter of the Code of Criminal Procedure—-the tasks and basic principles, namely: â€Å"any person can not be compelled to testify against himself/herself, suspects and defendants in criminal proceedings have the right to remain silent, unless his/her right of silence is excluded by law. Prohibit regarding the suspects’ and the defendants’ silence as aggravating circumstances. There is a contradiction between the right of silence and the obligation to honestly state. Therefore, to ensure the exercise of the privilege of silence, the 93 Article of the Code of Criminal Procedure stipulates that the suspect must answer the investigators' questions truthfully should be removed. 7 (3) Establish Illegal Oral Evidence exclusionary rule and arbitrary confession rule. These are two important rules in the rules of evidence and are institutional guarantees for the privilege of silence and can help curb the phenomenon of confession by torture. Illegal evidence exclusion rules require all illegal or improper obtained evidences (rather than confession out of free will) should be absolutely ruled out, and confessions cannot be proven beyond reasonable doubt should also be excluded. Arbitrary confession rule puts that, unless the law explicitly limits, the confessions are effective only under the circumstances that the suspects voluntarily, intentionally and rationally give up their rights of silence. In China, the Criminal Procedure Law of the People's Republic of China clearly stipulates that Judges, prosecutors and investigators must, in accordance with legal procedures, collect various evidence that can confirm the suspect’s and the defendant's guilt or innocence, or the gravity of his/her crime; extorting confessions by torture, threatening, enticing, tricking or other illegal methods are strictly forbidden in collecting evidence; and any person shall not be compelled to prove his own guilt. Therefore, based on the existing spirit of law, we can further confirm the evidence exclusion rules. In the Article 46 of the Code of Criminal Procedure, after the existing â€Å"†¦ credence shall not be readily given to oral statements†,7 we can further add â€Å"where extorting confessions by torture or threat, inducement, fraud, extended detention or other illegal methods that are used to obtain the testimony of witnesses, statements of victims and the confessions of the suspect can be verified, then these confessions shall not be used to accuse a crime or make a judgment. (4) Establish systems to encourage the defendant to testify, including the testimony immunity system and leniency programs. The right to silence does not mean that suspects cannot speak, nor that to encourage suspects to not confess, but to give him/her the right to choose whether to remain silent or to make a statement, this is to protect his/ her basic human rights. The law does not prohibit self- incrimination, but prohibits forced self-incrimination. In America, for example, through the Plea Bargaining, the offender's guilty plea rate is up to 90%. To minimize the side effects of the right to silence system, we shall establish some relevant systems to ensure that the defendant actively cooperates with the judicial authorities in a timely manner to investigate the facts. First, through legalizing the leniency policies to encourage the defendant to admit guilt initiatively, making the confession the legal circumstances of leniency, rather than just discretionary circumstances. The second is to establish testimony immunity system. Prohibit using some of the defendant’s statements to testify against herself/himself, and exempt the according criminal responsibilities. But note the testimony immunity system should only be applied to some significant and complex cases, for example, organized crime, triad societies, smart crime, corruption and bribery crime, transnational crime or other major crimes. (5) Improve the witness system. The testimony of witnesses is an important means to expose and prove the criminal. The establishment of right to silence system will make the Criminal proceedings mainly rely on evidences other than confessions. Consequently, the role of the witness testimony will be more prominent and more important. Therefore, the Code of Criminal Procedure should stipulate that witnesses must appear in court, and construct supporting measures to improve the attendance of witnesses and to ensure the witnesses provide testimony objectively and sufficiently. First, we must establish system to force witness to court and clear the legal consequences of the illegal testimony. The second is to establish a material compensation system and the security guarantee system for the witness, eliminating their worries. 6) Establish the Notification of Procedural Rights and the Lawyer Presence Right mechanisms, protect the suspect’s meeting right and communication right. These are the important procedural safeguards for the full implementation of the right to silence, without which, the right of silence would merely be a meaningless rule. It is impossible for people to exercise their rights if they don’t know them. And the judicial officers may use the misleading and unclear circumstances to lure confessions. To make the suspects be clearly informed of their rights prior to the interrogation is a common practice and consensus in most countries. Therefore, the law must stipulate detailed requirements to the notification system, including the time and specific issues of the notification, statutory interpretation obligations and the consequences of having failed to perform the duties and responsibilities. Due to the suspects are not necessarily familiar with the law, without the assistance of counsel, the right to silence is difficult to be well implemented. The lawyer presence right is an effective way to avoid confession by torture and to ensure the exercise of the right of silence. In China’s criminal proceedings, the lawyer’s involvement degree is very low, especially compared to the developed countries. Therefore, according to the country’s conditions, except some major cases, such as cases involves national security, complex organized crime cases, the Code of Criminal Procedure should endow the presence right to the lawyer. Through protecting the meeting rights and communication rights of the suspects, the law can prevent or reduce the coercion to the suspects in custody. Therefore, the law should reduce the limits to the suspect’s meet and communication. Of course, in some special cases, to protect some significant social interests, the law can set up necessary exceptions, review or control the suspect’s meeting and communication rights. (7) Establish some exceptions to the right of silence. To decide whether or not a suspect will be endowed the right of silence in a case, the specific issues need to be analyzed first. In some special cases, the suspects’ right of silence should be restricted. These restrictions are to seek the unification between individual rights and the social interest. According to this principle, at least it seems to me, the following crimes should be excluded: A. Crimes of endangering national security, financial fraud crime and computer crime. The country's interests are above everything else, to effectively safeguard national security and fight against both domestic and foreign hostile forces, the chapter one of the Criminal Law–crimes of endangering national security—could be excluded. The intelligent crimes have become increasingly prominent and due to the limits of the country’s investigative techniques, the high-tech crimes are to difficult to detect. Thus, at least for now it is not appropriate to give such criminals the privilege of silence. B. Smuggling, narcotics, money laundering, robbery and other severe joint crime, criminal syndicate and underworld crime and other organized crime. In crimes such as smuggling, narcotics and money laundering, criminals usually use one-way communication. Thus the confessions of the suspects play a crucial role in revealing the cases’ causes, backgrounds and processes, and the relationships between the accomplices. If they were given the right to silence, the real culprits behind the scene would not likely to be captured. Organized crime has the following characteristics: numerous people, strict organization, huge hazards or potential harms and hard to track down. Such cases are very difficult to catch, of accomplices, confessions plays the pivotal role. Therefore the confessions of the captured suspects tend to play a decisive role in such cases. C. Corruption, bribery and huge unidentified property cases. At present, China is in a period of high incidence of corruption cases, the fight against corruption is a long-term and arduous task. In order to effectively combat corruption and bribery, to curb and reduce the incidence of job-related crimes, it is recommended that those crimes are being excluded. Besides, most criminal subjects in these crimes hold an important authority; have a certain degree of education background and social status. Which means they have wide social relations and strong social activities ability, and often have both preparations before and countermeasures after the crime. Such strong anti-investigative capacities often interfere the detection processes. The investigation of these crimes would be harder if they were endowed with the privilege of silence, which would damage the interests of the country. D. Cases relate to public safety and emergency situations. For crimes involving public safety, if not got confessions in time, significant public safety hazard would happen. For life threatening cases, if the suspect did not immediately provide the place of where the victims were hidden, the personal safety of the victims would be endangered. Thus the privilege of silence should be excluded in these cases. For example, kidnapping, illegal detention, unaccounted dangerous goods crimes such as poisons, firearms, ammunitions and explosives. To these cases, at the trial stage, the privilege of silence is undoubtedly applied, but at the interrogation stage, whether or not the privilege of silence should be given need to be identified by the judges. E. The defendant should not keep silent on some crimes unrelated basic personal information. Such information includes name, identity, age, occupation, address and so on. This is in order to combat crime effectively and accurately, and to avoid unnecessary losses. (8) Improve the construction of the judicial organs. The establishment of the privilege of silence system is the trend, which put forward higher requirements for the construction of the judicial organs. The judicial offices should actively respond to this trend and try to improve themselves in the following two ways: First, update the judicial notions of the staff and weaken the confession’s role in evidence system. In current criminal proceedings, the confession is known as the â€Å"king of the evidence†, the value and importance of the confession is extremely exaggerated. This notion is still deeply rooted in the minds of many judicial officers, which is contrary to the requirements of the right of silence system. Therefore, the judicial organs should change their concepts, and establish the concept of human rights protection, and resolutely put an end to the behavior of extracting confessions. Second, use high-tech to equip judicial organs, and to improve their investigation abilities. The establishment of the privilege of silence system will makes the judicial officers pay more attention to obtaining external evidence rather than confessions. Which requires the country to increase investment in technology and equipment of the investigative organs, to improve the standards of the investigators, and to actualize scientific investigation. With the development of the litigation civilization and the improvement of the detection capability, the number of the unpunished criminals will be gradually reducing, and the side effects of the privilege of silence system will be minimized.

Questions On Increasing Disciplinary Reading - 986 Words

1. Increasing Disciplinary Reading Biancarosa (2012) states in the introduction to this section that as students progress up through the grades their reading in content-area courses becomes progressively more distinct (p. 47). A student in a fourth grade science course will encounter different terminology in a fourth grade social studies course and even more diverse terminology by the time they reach high school biology. However, I have often found, and Biancarosa (2012) as acknowledges that many schools do not focus on reading instruction across content areas. Biancarosa elaborates, â€Å"too often, schools do not explicitly teach students how the reasoning processes, strategies, and rules for achieving comprehension vary across the content areas† (p. 47). In order to develop adolescents’ literacy skills we need to increase their interaction with diverse disciplinary texts. Looking at this from the higher education lens, once a student moves from the college-prep class room to the collegiate environment they will be required to demonstrate comprehension and research skills in their specialized field of study. The best measure that teachers in the K-12 arena can do to assist them for this transition is to increase their interaction with these texts during the duration of their elementary and secondary school years. 2. Help Students Achieve Proficiency in Digital Reading This was rather a common sense recommendation given how much technology and digital reading students areShow MoreRelatedGene Splicing1258 Words   |  6 Pagesmermaids, centaurs, and Satyrs were placed into our minds and we could only imagine what it would be like to meet these creatures. They became so numerous that they were given a category, Anthropomorphism. 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The Nsa s Surveillance Program - 2145 Words

Another Important milestone in the new privacy paradigm was the revelation of the NSA’s surveillance program, PRISM. On June 5th, 2013, Edward Snowden leaked documents that revealed the National Security Agency’s surveillance program. The documents revealed that the NSA was tracking information from nine major Internet companies, including Facebook, Google, Yahoo, Microsoft and Apple. PRISM could collect about 600 million communications a day and store them for up to 30 days. Through the use of various methods, the NSA was able to intercept communications in real time (â€Å"Edward Snowden Leaks† 2014). With the implementation of PRISM, the United States government was able to covertly monitor information. The program was used to collect information from the Internet, but it was also used to obtain information from allies. One of the major issues with this program was the ability to monitor citizens without them ever becoming aware of the intrusion. 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