Monday, May 25, 2020

Data Of A Manage System Essay - 1638 Words

EXECUTIVE SUMMERY †¢ PURPOSE: The main purpose of the data of a manage system in cafe latteria, the cafe has given more helpful in sequence to get better the problems. The manger can improve the management level throughout every day. †¢ METHODOLOGY : The cafe latteria given the data of purchase system, receiving system, storage data and issue system from record of manage scheme. The cafe collect and proposal depend theories and experience. †¢ FINDINGS: All types of beverages and some fast food are sale in the cafe, but the beverage bottles and cans are given limited profit. After some time food and beverage menu should be redesigned. The manager should take more steps to improve the sales and service style. †¢ Conclusions: Food and beverage outlets always depend on good control system which is very important for any restaurant and cafe. The food quality standard and f b service quality is also helpful for improve the image of property. If the cafe is gain more profit and more revenue it is depend on service quality and standards of food to provide customers. TABLE OF CONTENT EXECUTIVE SUMMERY....................................................................... INTRODUCTION................................................................................. MANAGEMENT OF THE CONTROL SYSTEM OFShow MoreRelatedAssignment 2 Database Management Systems1167 Words   |  5 Pages Database Management Systems General Database Concepts 1. Describe the types of facility you would expect to be provided in a multi-user DBMS. Data Storage, Retrieval and Update. A User-Accessible Catalog. Transaction Support. Concurrency Control Services. Recovery Services. Authorization Services. Support for Data Communication. Integrity Services. Services to Promote Data Independence. Utility Services. 2. Discuss the differences between DDLRead MoreAbstract:. With The Development Of The Business, The Competitive1605 Words   |  7 Pageshave advantage of the competitive. Customer relationship management system as a new technology was used in the company. this essay is talk about the different part and the function of the customer relationship management system, introduce the product of customer relationship management system and also talk about the practical application about the customer relationship management system. Key word Customer relationship management system. company Review the Theories Customer relationship management:Read MoreVideo Library : Case Study1278 Words   |  6 PagesMonash Video Library: Case Study Monash Video library is a small business organisation that loans out video cassettes to its embers and makes a profit from it. Recently they have expanded their business and trying to implement a new information system to manage their business more efficiently. In this paper, we will provide a user requirement document for the organisation. Business Overview Goals The overall goal of the business is to make a profit through efficient management. As it’s not an independentRead MoreDatabase Systems Essay911 Words   |  4 Pagesplan. In this concern, various database systems have been introduced. For effective management of the staff functions and line functions as well as execution of strategic plan, the company should make use of the data oriented model. The systematic integration of the goals can be done with the help of a well developed information system (OBrien, 2003). Some of the important database systems are management information system (MIS), knowledge management system (KMS), enterprises resource planning (ERP)Read MoreWhat Is An Operating System?1020 Words   |  5 Pagesan operating system? An operating system is software that communicates with the hardware and it allows other programs to run it. Operating systems is the structure that allows you to communicate with computer hardware in a communicating way , without an operating system you wouldn’t be able to tell the computer to do anything and it won’t have any instructions to follow. Purpose of an operating system: Operating system controls the hardware and software properties of the system in a computerRead MoreThe Evolution Of Database Management System1099 Words   |  5 Pagesmanagement system, also known as DBMS, is a type of software that is used in order to create and manage a multitude of databases. Data is the power that runs most modern businesses. This specific program provides a technique for people to use a â€Å"systematic† way to create, retrieve, update, and manage many diverse types of data. DBMS is used to manage three important things, which is data, database engine, and database schema. These different elements help to provide concurrency, security, data integrityRead MoreThe Effects Of Data Leakage On Individuals And Organisations1210 Words   |  5 PagesData leakage is described as the deliberate or illegal transmission of sensitive data from an organisation, individual or data center to an unauthorised party or external world (Shabtai, Yuval and Rokach 2012, Sir bhate 2013). Data leakage is a security threat because sensitive data on individuals and organisations are in an unauthorised and often public domain. Thus it’s practically impossible to recover or prevent leaked data from propagating. Consequences of data leakage can be far-reachingRead MoreTaking a Look at the HDFS File System684 Words   |  3 Pages Introduction Hadoop distributed file system is a highly scalable file system. It is specially designed for applications with large data sets. HDFS supports parallel reading and processing of data. It is significantly different from other distributed file systems. Typically HDFS is designed for streaming large files. HDFS is specially designed to run commodity hardware and deployed into low cost hardware. It has large throughput instead of low latency. HDFS typically uses read one write many patternRead MoreAnalytics and Big Datas Influence on Strategic Decision-Making: A Critical Analysis1447 Words   |  6 Pagesunderstandable to see analytics and Big Data continually increase in popularity throughout enterprises globally. The greater the level of turbulence in economic conditions, the more reliance on technologies, processes and systems that are adept at mitigating risk. The continual investment in analytics is setting a solid foundation for completely redefining how businesses manage the dec ision making process. It is also changing forever how businesses manage customer expectations relative to experiencesRead MoreWhat Is Idps Control Strategy1066 Words   |  5 PagesIntrusion Prevention and Detection Systems(IDPS) is imperative to any system that requires extra security. Technological innovations in the cyber world are under attack constantly and IT tools are available to use to try to prohibits these attacks. In this paper, we will discuss the benefits, suitability of an IDPS and a control strategy. Threat management is a top priority for security professionals to protect their organizations systems. Intrusions detection systems(IDS) is considered a visibility

Thursday, May 14, 2020

Indigenous Interpreting Issues in Western Australian Courts - Free Essay Example

Sample details Pages: 10 Words: 2990 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Indigenous Interpreting Issues in WA Courts Central to the concept of justice in Australia is a fair trial. An essential feature of this is that the defendant à ¢Ã¢â€š ¬Ã‹Å"not only be physically present but should also be able to understand the proceedings and the nature of the evidence against him or herà ¢Ã¢â€š ¬Ã¢â€ž ¢.[1] Therefore, if a witness is not sufficiently skilled in English to do this, a court interpreter is vital to ensure justice is done. The Western Australian Chief Justice Wayne Martin sets this out clearly in his letter to the Equal Opportunity Commissioner: If the trial of an alleged offender occurs in circumstances in which that person is unable to comprehend the course of the trial because, for example, of an inability with English and the lack of an interpreter, the trial process is unfair and any judgement obtained would be set aside.[2] The absence of an interpreter in such situations would therefore be tantamount to a miscarri age of justice, as would the employment of an incompetent interpreter with no appreciation of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s cultural background. Don’t waste time! Our writers will create an original "Indigenous Interpreting Issues in Western Australian Courts" essay for you Create order This is necessary if they are to breach the communication divide between the witness and the court. In Western Australia interpreting issues are of particular concern regarding Indigenous Australian witnesses. Indigenous people are vastly over-represented in the prison population. In fact, WA has the highest ratio of indigenous to non-indigenous incarceration rates in Australia à ¢Ã¢â€š ¬Ã¢â‚¬Å" 20 times higher for indigenous people.[3] The number is even greater for juvenile offenders in detention.[4] According to the WA Department of Indigenous Affairs, there are at least 80 language groups in the state, and in 35 per cent of Indigenous communities the main language spoken is an Aboriginal language.[5] With such a disproportionate level of contact with the legal system, issues of indigenous witness communication are of the utmost importance. The first scenario where a miscarriage of justice can occur is where there is a lack of any interpreter at all. There is no automatic r ight in WA to an interpreter, the matter being left instead to the discretion of the court.[6] Judges and other judicial officers however do not generally have the expertise to accurately assess a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s level of English competency, and often overestimate it.[7] A witness may be able to understand complex utterances but not produce them him or herself, or they may mask their shortcomings by replying with stock phrases or scaffolding their replies around the questions and prompts directed to them.[8] Additionally, some judges are reluctant to allow an interpreter to be used where the witness has some command of English due not only to a preference to speak directly to a witness if possible, but also arising from a view that it would bestow an unfair advantage upon them or allow them to somehow use the interpreter à ¢Ã¢â€š ¬Ã‹Å"as some sort of propà ¢Ã¢â€š ¬Ã¢â€ž ¢ in manipulating the court.[9] It has even been suggested that a capable speaker might have a à ¢Ã¢ ‚ ¬Ã‹Å"field dayà ¢Ã¢â€š ¬Ã¢â€ž ¢ in drawing out the questioning process by communicating through an interpreter.[10] Kirby J in the case of Adamoloulos v Olympic Airways SA criticised this approach, as: The mere fact that a person can sufficiently speak the English language to perform mundane or serial tasks or even business obligations does not necessarily mean that (s)he is able to cope with the added stresses imposed by appearing as a witness in a court of law.[11] Dr Michael Cooke provides many examples illustrating this statement, in which indigenous witnesses deemed competent to give evidence without an interpreter subsequently found themselves struggling to manage. One witness became confused by the rapidly changing subject matter of the questions put to him, while another confused miles with yards, and gave an absurd estimation of an important distance.[12] Complicated linguistic constructions such as negative questions can often confuse indigenous witnesses. If as ked à ¢Ã¢â€š ¬Ã‹Å"you couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t see the gun, could you?à ¢Ã¢â€š ¬Ã¢â€ž ¢ a native English speaker would probably answer à ¢Ã¢â€š ¬Ã‹Å"noà ¢Ã¢â€š ¬Ã¢â€ž ¢, meaning they couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t see it, whereas a typical indigenous response would beà ¢Ã¢â€š ¬Ã‹Å" yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to confirm the truth of the negative statement.[13] The misleading appearance of English competency is particularly pertinent to indigenous people, as they may speak pidgins and kriols which seem similar enough to English, but in fact contain crucial differences.[14] There is a à ¢Ã¢â€š ¬Ã‹Å"danger of attempting to interpret what a person is saying by assuming that recognisably English words mean the same as they do in Englishà ¢Ã¢â€š ¬Ã¢â€ž ¢.[15] For example, kinship terms can have different and very complex meanings when used by an indigenous person, and in some Aboriginal English varieties such as the widely-spoken Kriol, the word à ¢Ã¢â€š ¬Ã‹Å"killà ¢Ã¢â€š ¬Ã¢â€ž ¢ means à ¢Ã¢â€š ¬Ã‹Å"hità ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"injureà ¢Ã¢â€š ¬Ã¢â€ž ¢ rather than à ¢Ã¢â€š ¬Ã‹Å"kill deadà ¢Ã¢â€š ¬Ã¢â€ž ¢.[16] This could obviously impact hugely on a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s testimony. The second situation is where there is an interpreter, but they are not suitable. Finding an appropriate interpreter can be particularly problematic for indigenous languages. There are simply not enough accredited interpreters; for some languages there are none at all.[17] In fact, in a à ¢Ã¢â€š ¬Ã‹Å"deplorable state of affairsà ¢Ã¢â€š ¬Ã¢â€ž ¢, WA has no accredited indigenous interpreter training courses and no state-wide, properly qualified and adequately resourced interpreter service for indigenous languages.[18] The National Accreditation Authority for Translators and Interpreters (NAATI) does not even have a test for indigenous interpreters beyond the paraprofessional level.[19] Magistrates working in the Goldfields revealed that they à ¢Ã¢â€š ¬Ã‹Å"could count on one hand the number of times they had access to trained interpreters for Indigenous people in the last four yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢, despite requiring them on a weekly basis.[20] WAà ¢Ã¢â€š ¬Ã¢â€ž ¢s vast distances and the fact that cultural nuances will vary from community to community can also impact heavily on the provision of interpreter services.[21] Where traditional languages are involved, any interpreter is likely to come from the same clan as the witness and be personally connected to the parties in question. It is therefore difficult for them to remain objective and detached.[22] Many interpreters are unwilling to interpret for very serious matters as their role is often misunderstood by the community, and they are frightened of being accused and blamed when proceedings do not turn out favourably.[23] In extreme cases, à ¢Ã¢â€š ¬Ã‹Å"lives could be at risk just by trying to fulfil their task of interpreting.à ¢Ã¢â€š ¬Ã¢â€ž ¢[24] There are also complicated issues of w ho can interpret for whom à ¢Ã¢â€š ¬Ã¢â‚¬Å" for example, an interpreter may not be able to speak to or about those in a particular kinship relationship to them, or a female interpreter may be unable to interpret for a male regarding some matters such as rape.[25] The lack of indigenous interpreters available has sometimes forced courts to use unqualified family, friends or even other prisoners as interpreters, even in trials for charges as serious as murder.[26] Clearly this is a very dangerous practice, as research has shown that even NAATI accreditation is alone not sufficient for legal interpreters to perform competently. Rigorous special training of highly competent bilinguals is the only way to acquire the necessary skills.[27] The commonly held fallacy perpetuating such unacceptable standards is that any bilingual person will do, with à ¢Ã¢â€š ¬Ã‹Å"no preparation required [as] they are simple translating literally what is said in courtà ¢Ã¢â€š ¬Ã¢â€ž ¢.[28] The case in real ity is much more complicated than this. If a competent interpreter is in fact obtained, there are still issues to be solved. Firstly, there is confusion about the actual role of the interpreter. The attitude that an interpreter is simply a word-for-word translation conduit might appear facilitative to upholding objective interpreter standards, but in fact it is not only unhelpful but often impossible. As one Pitjantjatjara interpreter puts it: à ¢Ã¢â€š ¬Ã‹Å"When white fellow talk in big words there is no way of putting that across to [the witness] in the language, because Pitjantjatjara is only a straightforward languagewhen they come with big words and make a big sentence out of it you have got no way of trying to talk to them in the language.à ¢Ã¢â€š ¬Ã¢â€ž ¢[29] A single word may sometimes require a whole story to explain it, resulting in objections to what sounds like the interpreter adding in extra material.[30] In particular, technical legal terms often do not have exact equivalents in indigenous languages and thus may be stripped of important legal significance in the struggle to convey them to a witness.[31] A true interpretation must preserve not only the pure linguistic content, but also all of the nuance, meaning and significance with which it was intended. Thus interpreting is not strictly limited to language skills. A good interpreter must also have an appreciation of the cultural background of the witness, as meaning is heavily defined by cultural contexts. In a simple illustration of this, Dr Diana Eades discusses a witness who gave evidence that on a particular night there was a à ¢Ã¢â€š ¬Ã‹Å"half moonà ¢Ã¢â€š ¬Ã¢â€ž ¢ shining. The cross-examining counsel asserted that this was a lie, whereupon the interpreter was able to avert a serious undermining of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s credibility by explaining that what the witness called a à ¢Ã¢â€š ¬Ã‹Å"half moonà ¢Ã¢â€š ¬Ã¢â€ž ¢ was what court would call a à ¢Ã¢â€š ¬Ã‹Å"crescent mo onà ¢Ã¢â€š ¬Ã¢â€ž ¢.[32] This is a straightforward example, but culturally ingrained perceptions, assumptions, beliefs and understandings can be much harder to isolate and explain. Additionally, despite the potential gravity of such situations, there is a lack of protocol regarding what an interpreter should do if they believe there to be a possible cultural misunderstanding. In a national survey of interpreting practices in Australian courts, 24% of the respondent interpreters said that they would not be willing to alert the court to such situations, and a further 21% did not provide an answer, perhaps due to uncertainty about what they should do.[33] Even if an interpreter does wish to notify the court, how they ought to interrupt proceedings to do this is unclear.[34] How far to go when explaining cultural differences is also difficult à ¢Ã¢â€š ¬Ã¢â‚¬Å" if an interpreter tried to explain every aspect of culture which may be affecting a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s testimony it co uld be an impossible task. However competent and culturally aware an interpreter is, sometimes the cultural gulf is simply too wide to be addressed at individual points. The question-and-answer style of witness testimony in WA courts may not serve to elicit a full and accurate story from an indigenous witness. This interview form of speech is not a feature of traditional indigenous societies.[35] In fact, direct and unequivocal questions, answers and opinions may be actively avoided, as central to much indigenous social interaction is the à ¢Ã¢â€š ¬Ã‹Å"important element ofà ¢Ã¢â€š ¬Ã‚ ¦indirectnessà ¢Ã¢â€š ¬Ã¢â€ž ¢.[36] Silence in indigenous conversation is accepted and valued, whereas in Australian courts it may be taken as a sign of evasion or guilt. It may also be assumed that a silence in an indigenous personà ¢Ã¢â€š ¬Ã¢â€ž ¢s speech shows that they have finished speaking, and the questioner will therefore interrupt them before they have given their entire answer.[37] Phe nomena such as gratuitous concurrence arise when indigenous witnesses attempt to align their methods of communication with those of non-indigenous Australians. Gratuitous concurrence in indigenous witnesses has been well documented and involves answering à ¢Ã¢â€š ¬Ã‹Å"yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to a question (or à ¢Ã¢â€š ¬Ã‹Å"noà ¢Ã¢â€š ¬Ã¢â€ž ¢ to a negative question) regardless of whether this is actually correct.[38] Kriewaldt J, formerly of the NT Supreme Court, said of Aboriginal witnesses: An answer in the affirmative could indicate that the Aboriginal witness is trying to understand the question, that he has understood it, that he has understood part of it, that he may not have understood it at all, or that he does not want the question to go unanswered, or that he thinks that an affirmative answer is more likely to be acceptable to the questioner than a negative answer.[39] Similarly, one indigenous interpreter explained that à ¢Ã¢â€š ¬Ã‹Å"people will say things that a white person wanted to hear, and its not necessarily what he really means.à ¢Ã¢â€š ¬Ã¢â€ž ¢[40] This even extends to a tendency to plead guilty, even when they have done nothing wrong.[41] It is difficult to see how an interpreter could overcome these issues while still upholding their duty to convey what is said as faithfully as possible. Even more impossible to address are metalinguistic issues such as body language. When assessing the truthfulness or integrity of a witness, demeanour is very influential. In indigenous societies, making direct eye contact can be a sign of disrespect, while in western culture evading eye contact may be taken as a sign of shiftiness and dishonesty.[42] The lack of understanding about the role and importance of interpreters can also create more basic problems for them in the court room. Interpreters must at times battle inadequate working conditions and a lack of respect for their position.[43] Interpreting is highly mentally taxing work, and it has been shown that an interpreterà ¢Ã¢â€š ¬Ã¢â€ž ¢s skill level begins to decline even before they realise they are tired.[44] Despite this, interpreters have reported instances such as being forced to speak or stand for hours, having to sit in the dock with a charged criminal and no security guard between them, and not being provided with essentials such as a table, chair, and water.[45] One interpreter asks: à ¢Ã¢â€š ¬Ã‹Å"How can we be respected as a professional when not treated as such? How can we be expected to do our best when our working conditions are so non-conducive?à ¢Ã¢â€š ¬Ã¢â€ž ¢[46] The lack of briefing or preparation materials is also a problem which impacts on an interpreterà ¢Ã¢â€š ¬Ã¢â€ž ¢s capability.[47] An interpreter cannot accurately convey meaning when they are operating in a complete vacuum of context. Being thrust into the midst of a complicated situation they know nothing about and being expected to enable smooth communication is described as à ¢Ã¢â €š ¬Ã‹Å"walking blindà ¢Ã¢â€š ¬Ã¢â€ž ¢.[48] An interpreter may also suddenly be expected to have an entire vocabulary dealing with a specific technical area which they have never encountered before and which they have had no chance to look over.[49] The absence of a competent interpreter with an appreciation of the cultural background of the witness is tantamount to a miscarriage of justice as the basic elements of a fair trial will not be met, and serious misunderstandings can and do occur. However, even the best of interpreters cannot address all of the cultural differences and misunderstandings which may arise when an indigenous witness is in court. The intimidating, foreign and interrogatory style of the courtroom does not suit indigenous people. In WA, Indigenous Sentencing Courts established at Norseman and Kalgoorlie have had some success in making the process more culturally appropriate, but are very limited in application and jurisdiction.[50] There is definitely a need for greater quality and quantity of legal interpreters for indigenous languages, along with a better understanding of the role, needs and importance of the interpreter, and a greater understanding of indigenous culture by legal professionals and the public. It is easier for non-English speakers from overseas to access an interpreter in Australian courts than it is for Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s own indigenous people.[51] In its Inquiry into Access to Justice Arrangements, The Aboriginal Legal Service of Western Australia concludes that there are à ¢Ã¢â€š ¬Ã‹Å"two tiers of civil justice in WA: that afforded to mainstream society, and that afforded to Aboriginal peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢.[52] It should be a matter of national urgency to ensure that indigenous people are not à ¢Ã¢â€š ¬Ã‹Å"subjectedà ¢Ã¢â€š ¬Ã‚ ¦to second-class justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢. The provision of competent interpreters to indigenous witnesses is definitely an important step in addressing this, but there are more deeply rooted issues underlying the over-representation of Indigenous people in Australian courts which must also be faced. [1] Ebatarinja v Deland (1998) 194 CLR 444 [26] per Gaudron, McHugh, Gummow, Hayne and Callinan JJ. [2] Letter from Wayne Martin CJ to the Equal Opportunity Commissioner, 27 February 2007, quoted in Equal Opportunity Commission Western Australia, Indigenous interpreting service: Is there a need? (2010), 16. [3] Australian Bureau of Statistics, Prisoners in Australia Catalogue No 4517.0 (2012), 50. [4] Australian Bureau of Statistics, The Health and Welfare of Australiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Aboriginal and Torres Strait Islander Peoples Catalogue No 4704.0 (2008), 228 . [5] Kate Allingham, and Dennis Eggington, à ¢Ã¢â€š ¬Ã‹Å"WA Calls for a Statewide Aboriginal Interpreter Serviceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 6(22) Indigenous Law Bulletin 6, [2]. [6] Dairy Farmers Cooperative Milk Co Ltd v Acquilina (1963) 109 CLR 458, 464; Commonwealth AttorneyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ Generalà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department, Access to Interpreters in the Australian Legal System: Repo rt (Australian Government Publishing Service, 1991) 39. [7] Michael Cooke, Indigenous Interpreting Issues for Courts (Australian Institute of Judicial Administration, 2002) 9. [8] Ibid 9-10. [9] Ibid 9, 16 . [10] Gradidge v Grace Bros (1988) 93 FLR 414, 426 per Samuels JA. [11] (1991) 25 NSWLR 75, 78. [12] Cooke, Indigenous Interpreting Issues for Courts, above n 7, 12, 16. [13] Ibid 18. [14] Ibid 2. [15] Ibid 5. [16] Ibid 3. [17] Sandra Hale, Interpreter Policies, Practices and Protocols in Australian Courts and Tribunals: A National Survey, (The Australasian Institute of Judicial Administration Incorporated, 2011) 18. [18] Aboriginal Legal Service of Western Australia, Submission to the Productivity Commission, Inquiry into Access to Justice Arrangements, November 2013, 6. [19] Equal Opportunity Commission Western Australia, Indigenous interpreting service: Is there a need? (2010) 20. [20] Ibid 18. [21] Ibid 5. [22] Michael Cooke, La w Reform Commission of Western Australia, Caught in the Middle: Indigenous Interpreters and Customary Law, Project 94, Background Paper 2, 2006, 89. [23] Ibid 100, 84-87, 116. [24] Ibid 112. [25] Ibid 102. [26] Allingham and Eggington, above n 5, [5]; Equal Opportunity Commission Western Australia , above n 19, 18. [27] Hale, above n 17, 3. [28] Ibid 2. [29]Australian Law Reform Commission, Recognition of Aboriginal Customary Laws, Report 31 (1986) s598. [30] Cooke, Caught in the Middle, above n 22, 86. [31] Australian Law Reform Commission, above n 29, s598. [32] Diana Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Court: Questions, Assumptions and Intercultural Implicationsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) 20(2) Current Issues in Criminal Justice 209, 220. [33] Hale, above n 17, 45. [34] Ibid 44. [35] Ibid 218. [36] Eades, Diana, à ¢Ã¢â€š ¬Ã‹Å"Communicative Strategies in Aboriginal Englishà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Suzanne Romaine (ed), Language in Australia (Cambridge University Press, 1991) 84, 87. [37] Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢, above n 32, 220. [38] Ibid 219; Cooke, Indigenous Interpreting Issues for Courts, above n 7, 14. [39] R v Aboriginal Dulcie Dumaia (1959) NT 274, quoted in Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢, above n 32, 219. [40] Cooke, Caught in the Middle, above n 22, 91. [41] Cooke, Caught in the Middle, above n22, 109; Equal Opportunity Commission Western Australia, above n 19, 19. [42] Eades, à ¢Ã¢â€š ¬Ã‹Å"Telling and Retelling Your Story in Court, above n 32, 224. [43] Hale, above n 17, 23-34. [44] Judicial Commission of NSW, Equality Before The Law Bench Book (2006) 3306. [45] Hale, above n 17, 24; ABC Radio National à ¢Ã¢â€š ¬Ã‹Å"Interpreters in the Courtroomà ¢Ã¢â€š ¬Ã¢â€ž ¢, The Law Report, 16 September 2008, (Damien Carrick), Sandra Hale. [46] Hale, above n 1 7, 23. [47] Ibid 28. [48] Ibid 31, 32. [49] ABC Radio National, above n 44, Tony Foley. Ludmilla Stern [50] Kathleen Daly and Elena Marchetti, à ¢Ã¢â€š ¬Ã‹Å"Indigenous Sentencing Courts: Towards a Theoretical and Jurisprudential Modelà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2007) 29 Sydney Law Review 415, 435. [51] Aboriginal Legal Service of Western Australia, Submission to the Productivity Commission, Inquiry into Access to Justice Arrangements, November 2013, 7. [52] Ibid 9.

Wednesday, May 6, 2020

The International Covenant On Civil And Political Rights

Section 3 – Article 9 of the International Covenant on Civil and Political Rights This article ensures the prohibition on arbitrary arrest and detention. It has been a long common method to deprive a person of his liberty by imprisoning. The deprivation of liberty is used as preventive measure for further offences occurring, flight or interference with material facts or witnesses in order to fight crime and maintain internal security. Such a measure should only be allowed if used when necessary because deprivation of personal liberty places the person affected in a vulnerable position because he could be subjected to torture and inhuman and/or degrading treatment. â€Å"Everyone has the right to liberty and security of person†, article 9(1) . The terms â€Å"liberty of person† means that this provision only applies to the aspect of human liberty. Also, only in specific places can the deprivation of liberty take place such as a prison, psychiatric facility, a re-education, concentration or work camp, or a detoxification facility for alcoholics or drug addicts and a house arrest . If the deprivation of liberty is less severe like in a domicile or residency, an exile, a confinement to an island or expulsion from a state territory it is within the scope of articles 12 and 13 of the International Covenant on Civil and Political Rights . The deprivation of liberty is not a contested measure in itself but if it arbitrary and unlawful it is not acceptable. Every country have had problemsShow MoreRelatedThe International Covenant On Civil And Political Rights1669 Words   |  7 Pagesthe concept of non-derogable human rights as the basis for drawing a distinction between fundamental human rights (of jus cogens nature) and other core human rights (of jus dispositivum nature), and as argued in the paper, this classification sets an innate hierarchy, which when interpreted as such, can minimize conflict and in the worst, aid in resolution. The origin of this argument stems from Article 4 of the International Covenant on Civil and Political Rights (ICCPR) - arguably the most importantRead MoreThe International Covenant On Civil And Political Rights Essay2936 Words   |  12 PagesThe International Covenant on Civil and Political Rights (the Covenant) is arguably one of the most important treaties in international human rights law. The Human Rights Committee (the Committee), an independent body of experts established under article 28 of the Covenant are responsible for monitoring the implementation of the Covenant . The Covenant protects and promotes civil and political rights of individuals. It is part of the Universal Declaration of Human Rights, which sets out civil andRead MoreThe International Covenant On Civil And Political Rights1775 Words   |  8 PagesThe International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). Both of these treaties protect the right to privacy. Drawing almost verbatim on Article 12 of the Universal Declaration of Human Rights (UDHR) , Article 17 of the ICCPR provides that 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right toRead MoreInternational Covenant On Civil And Political Rights1027 Words   |  5 Pagescan be determined that human rights violations occurred in the case of Biff and the rest of the elves at the factory in the North Pole. In his letter, Biff describes being forced into labor, receiving little pay, and being confined to the factory each day. The conditions described by Biff do not reflect standard or acceptable labor practices, and it is evident that Santa Claus’s factory did not follow peremptory norms or the conditions presented in certain human rights conventions that the North PoleRead MoreThe International Covenant On Civil And Political Rights1875 Words   |  8 PagesI. INTRODUCTION Article 26 of the International Covenant On Civil And Political Rights states that all persons are equal before the law . However, the Australian legal system, and specifically the judicial system, are systems based on the idea of justice. While at first thought, this may not seem like an issue, it is important to distinguish that equality is not always synonymous with justice . With this distinction in mind, it is not hard to imagine that there are aspects of the system that althoughRead MoreThe, Universal Declaration Of Human Rights980 Words   |  4 Pagesstates, in addition to civil society, began to united together in order to ensure history would not repeat itself. This action culminated in the advent of the United Nations. Formed with the intention of promoting international peace and cooperation among sovereign states, the United Nations seemed like a logical step in to ensuring universal rights. In 1948, the â€Å"Universal Declaration of Human Rights† was adopted w ith the intention of protecting and ensuring human rights, which had become a prominentRead MoreThe International Convention On Civil And Political Rights : A Critical Analysis1107 Words   |  5 Pagesunder International Covenant on Civil and Political Rights: A critical Analysis: The international Convention on Civil and Political Rights which is a multilateral treaty came to be adopted by the United Nations on 19th of December 1976, same of which came into force on 23rd of March, 1976 as according to Article 49 the Treaty was to come into force three months after the deposit of thirty fifth instrument of ratification or accession with the Secretary General of United Nations. The Covenant imposesRead MoreThe International Convention Of Civil And Political Rights1871 Words   |  8 PagesHutchings PS 387 Sp 16 Final Paper An Analysis On The International Convention Of Civil and Political Rights Introduction: The International Covenant on Civil and Political Rights was encouraged from the level of conflict and lack of human rights internationally occurring during the World War II. World War II brought about a great amount of concern for encouraging and promoting human rights. The covenant explicitly focuses on the human rights that are expressed in order for the States, signed andRead MoreFair Trial Advantages1242 Words   |  5 PagesINTRODUCTION: The right to a fair trial is one of the fundamental guarantees of human rights and the rule of law, aimed at ensuring the proper administration of justice. It comprises various interrelated attributes and is often linked to the enjoyment of other rights, such as the right to life and liberty and the prohibition against torture and other forms of cruel, inhuman or degrading treatment or punishment. All persons must have equal rights of access to the courts and tribunals, including accessRead MoreProblems with Ethiopia’s Unofficial Cyber Espionage Essay1038 Words   |  5 Pagesinnocent journalists and violates the United Nations-The International Covenant on Civil and Political Rights - Article 19 Freedom of Expression. The purpose of this paper will address problems with Ethiopia’s unofficial cyber espionage and evaluate the effects this has on journalist Article 19 freedom of expression is violated. Ethiopia’s Anti-Terrorism Proclamation are explained along with The International Covenant on Civil and Political Rights which includes Article 19 and how both are used in journalism

Tuesday, May 5, 2020

Static Timing Analysis free essay sample

With  designs becoming increasingly complex  by the day and transistor geometries shrinking, almost all the functional domains across SoC design teams are having a hard time to signoff their functions and Static Timing Analysis (STA) timing closure is also no exception. STA Timing closure is always an important and critical part of SoC design and lower technology nodes have only compounded the challenges for  STA teams. As the VLSI industry has entered  the epoch of a lower technology node,  diminishing transistor sizes and interconnect lengths have disturbed the ratio of cell and interconnect delays. This leads to requirement of signing off the SoC at multiple corners. After timing signoff at multiple Processes, Voltage, Temperature (PVT) corners, the silicon fabricated at submicron technology nodes shows appreciable increase in yield in terms of meeting timing specifications of the design. However, timing closure at multiple PVT corners is in itself a huge challenge for the physical design team. This article will discuss these challenges and touch upon methodologies available to overcome them. We will discuss in detail, our solution to reduce the number of optimization corners in order to achieve efficient and coherent timing closure in minimum time. But before this, let us discuss in brief, the need to have multiple PVT corners for timing signoff. Cell delays and interconnect delays are governed by manufacturing Process (P), operating Voltage (V) and ambient Temperature (T) properties of dies. These factors determine the physical properties of cells and interconnect like W/L ratio of cells and Resistance (R) and Capacitance (C) value of interconnects. At the 180-nm technology node and above, timing signoff at worst and best standard cell PVT corners with 2 RC extraction corners, namely, Cmax Rmin (Cmax)   , and Cmin Rmax ( Cmin) was sufficient. On similar lines at 90 nm node 2 additional process corners Best Hot (Best process, Voltage at max temperature) and Worst cold (Worst process, voltage at min temperature) were introduced for the robust timing signoff, specifically for hold timing signoff as hold is skew dependent . The RC corners for these 2 process corners were similarly Cmax at min temperature and Cmin at max temperature respectively. In 90-nm technology and above, a timing path is predominantly governed by cell delays. However below 90nm node, the contribution of interconnect delay in a timing path is significant and the Coupling Cap component (Cc) in net delay can significantly alter slack values at an endpoint of a timing path. In all we have 4 X 4 = 16 corners for a single Timing Mode/View. If we have 8 STA modes for a design, then in all we have 8 X16 = 128 runs for the design. The first solution to avoid such an enervating analysis for a single mode is to look for a corner that forms a superset of the reset of corners. However a graphical distribution of slack values for a design block across all the 16 corners shows that none of the 16 corners was a complete superset over the others, thereby leaving us with no other option but to signoff the design at 16 corners. A silver lining amid all challenges  listed above is that the situation is not that bad for setup timing analysis. Setup timing violations are primarily dependent on the delay of the timing path (cell delays and interconnect delays, combinational and sequential arcs). These delays are significantly different for cell PVT corners (worst corners have delays considerably greater than the best corners) . For setup timing where worst corners are a complete superset over the best corners, the choice is between worst cold and worst hot standard cell corners to find out most critical corner for setup analysis. Conventionally, worst hot corner has more delays but at lower technology nodes, worst cold can have more delays because the threshold voltage of MOS comes into picture and transistor gets slower at lower temperature due to temperature inversion phenomena). When it comes to RC extraction corners, cmin is never more critical than other 3 RC corners. So for multi mode multi corner optimization for setup we can select 2 worst corner cell corners and cmax RC extraction corner (xtalk corner also if necessary) for meeting most of the setup paths in the design. But the situation is completely different for Hold Timing. As hold is skew driven, it is very difficult to judge which combination of process cell corner and RC extraction corner out of the 16 combinations would have most of the hold violations in the design. As the slack distribution plots for hold violations show, none of the 16 combination is a superset over the other (4 plots have been shown here for convenience). The challenge is to find the optimum number of optimization corners so as to ensure that appreciable numbers of violations are fixed ithout compromising the memory and runtime requirements of timing and placement tool. This task becomes more daunting as extraction corners depend heavily on design layout. Even in the same design, different blocks are found to have different RC combinations that yield maximum violations, and so is the case across different designs. The graphs shown below represent slack distribution of? a design in   two different RC Corners while keeping cell corner common. Here each graph shows the slack at each endpoint for the corner combination specified in x and y axis. The frequency of blue dots both above and below the unity slope line indicates that some  endpoints are more critical for x axis corner while an equally considerable  number are more critical for y axis  corner. Thus no RC corner is superset over other RC corner. So our focus here is to find   a generic approach that help us in deciding few optimization corners out of all signoff corners such that by fixing timing violations in only these few corners   by   APR tool,   most of the timing violations are fixed in one go. Our methodology is to find the optimum number of corners for hold timing signoff and Multi Mode Multi Corner hold optimization. We took 2 design blocks and did a comprehensive hold analysis across all 16 corners individually. It isn’t necessary that selecting the top most critical corners for optimization would solve this issue but instead we can look for finding out corner that have the maximum common violations with   the other 15 corners . The magnitude of violations could be taken care by adding extra pessimism in the optimization runs through uncertainties. 1. For this we prepared a 16 X 16 matrix where an element of the matrix m (i,j) showed the number of common violations between ith  and   jth combination corner. . In the next step we considered one  best process corner, among the 8  (highlighted in blue color) having   most number of common violations with   each of the 8 worst process corners,   for example best xtalk (in blue)   has the   maximum number of common violations with each of   the 8 worst corners and similarly we considered one worst   process corner, among the 8 (highlighted in purple) having most number of common violations with each of the   8 best cases. As shown in the figure worst cold xtalk (in purple) has the maximum number of common violations with each of the 8 best corners. Please note that this case can be already covered under Step 2 listed above but in our case violations in worst process and best process violations were not correlating. In some designs one of best corner can have most common number of violations with worst corner and can be marked with different color code. Now for each row/column the corner with the maximum number of red,green and (blue/puple) elements would be out best choice for hold optimization. In our case, this gave us the hold optimization corners as â€Å"best xtalk† and â€Å"worst cold   xtalk†. After that we fixed hold violations in these two corners best xtalk and worst cold xtalk. Again a 16 X 16 matrix was made with the same rules as the first. Corners fixed : Best cmin and worst cold xtalk Again step 2 was followed and this time the worst corner with maximum common violations was found to best cmin. The first 2 set of fixes plus a third set of fixes on best cmin were sourced across all corners to give us extremely positive results. Corners fixed : Best cmin ,Worst_cold_xtalk, Best Xtalk Observation : The matrix formed after this third level of hold fixing showed us that on an average more than 98 % of each of the 16 corners ‘s original violations were found to be fixed. The only violations remaining were the uncommon or mutually exclusive violations. We were able to narrow down from 16 corners to 3 corners which can be a part of the MMMC hold optimization thereby reducing tool run time/memory requirement and also reducing the number of hold violations to a far extent. The exercise can be repeated further to improve the percentage of fixed hold violations. The same methodology can be extended across multiple STA modes also to find mode and corner combinations having most common violations among multiple modes and multiple corners.