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The altitude perpendicular to the hypotenuse of a right

Calculus | 8th Edition | ISBN: 9781285740621 | Authors: James Stewart ISBN: 9781285740621 127

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Calculus | 8th Edition

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Calculus | 8th Edition | ISBN: 9781285740621 | Authors: James Stewart

Calculus | 8th Edition

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Problem 2

The altitude perpendicular to the hypotenuse of a right triangle is 12 cm. Express the length of the hypotenuse as a function of the perimeter.

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Constitutional Criminal Procedure  Rules and procedures that govern the pretrial processing of criminal suspects and the conduct of criminal trials  The main source of the procedural law is the body of the Constitution known as the Bill of Rights (the first 10 Amendments)  Eighth Amendment o Protect liberties including  no excessive bail required  nor excessive fines imposed  no cruel and unusual punishment inflicted  Fourteenth Amendment o Due process and Equal Protection clauses  US Supreme court creates constitutional law o States must follow the constitution  particularly rights designated by the Bill of Rights  Fourth Amendment o right to search and seizure o rights for police officers and criminal prosecution o Exclusionary Rule (early 1900s)  Weeks v. United States (1914); Mapp v. Ohio (1961)  Weeks­ used the mail for illegal gambling and the police went into his home without his permission without a warrant  Weeks won  Mapp­ Dollree Mapp was helping a terrorist suspect; police obtain a warrant and search her house and do not find anything but find pornographic material (illegal at the time) and she is arrested  turns out the warrant was fake  conviction was vacated  both of these cases deal with finding the line between the right to privacy and the fourth amendment  the home is a protected private place, but doesn’t mean that police can’t enter if appropriate  need a warrant­ legal authority to enter into a private location  given by a judge  police officer need probable cause in order to get warrant from judge  probable cause= some evidence, suspicion about someone committing a crime or about to commit a crime  some cases when police do not need a warrant  Exclusionary Rule­ evidence thrown out because it was obtained illegally by police o “Fruit of the Poisonous Tree”= evidence obtained illegally  the second evidence found that was led to the police by the first evidence found illegally­ they never would have found it without illegally getting the first  thats stupid and confusing o When is it acceptable for a police to enter without a warrant  “the plain­view doctrine”­ if police are at the door and they can see evidence from where they are they can come in and make an arrest  “the open­fields rule”­ they can see something illegal going on on someone’s land, a no trespassing sign around a fence doesn’t stop law enforcement from seeing it  Exigent Circumstances­“stop and frisk policy”  planning/ in commission of a crime= police can obtain and search  Arrest­ when police arrest you they can search you or your bag if they have that suspicion  Consent­ if police knock on your door and you allow them to search  Jail/Prison­ do not have a right to privacy in your cell  Automobiles­ often police are allowed to search cars without a warrant o 5th Amendment­ Miranda Rights  you have the right to remain silent  anything you say can and will be used against you in a court of law  you have the right to an attorney  if you cannot afford an attorney, on will be appointed for you  5 distinct liberties  Right to a grand jury trial before indictment of a federal crime  Right to be free of multiple persecution for a single criminal offense (DOUBLE JEOPARDY)  Jury finds you innocent, that prosecutor cannot try you again  Right to remain silent when being prosecuted  Right to liberties provided by Due Process of law  The right to receive just compensation when the government takes private property for public use o 6th Amendment  Right to seven liberties  Speedy trial  Public trial  Impartial jury  Must be informed of the charges or accusations held against you  To be able to confront witnesses against them  To be able to have witnesses on their favor  To have assistance of counsel THE COURTS Courts and Their Importance  What is a court o Agency or unit that has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it. o Three elements:  Proper legal authority (authority given by the Constitution)  congress= “legislative courts”  State legislators  ***only courts in the constitution= the supreme court  Found in the judicial branch of government  Empowered to make decisions that are binding  Role of the courts in criminal justice today o Adjudication: determines who is and is not guilty  Ensure lower courts applied the law correctly o Oversight: oversees operations of criminal justice officials (e.g. police officers)  Structure o American Criminal Justice System o Dual Court system comprised of:  State courts  Federal courts  Organization of the courts o Subject­matter jurisdiction  Felonies, misdemeanors, or infractions  Offense types (fraud, sex offenders, drugs/alcohol)  Offenders (first time offender, juveniles <18, mentally disabled, veterans)  *The nature of the case can determine which court will have jurisdiction o Geographic jurisdiction  The political boundaries of cities, counties, and states  Where the crime occurs matters o Federal courts hear the following types of cases (aka Federal Jurisdiction)  Suits involving the gov  Suits involving two or more states  Suit involving public ministers  Suits involving laws passed by congress, treaties, and maritime laws o Jurisdiction  Hierarchal jurisdiction  Trial courts hear the facts of the case  Appellate courts review the work of the trial court judge  Original jurisdiction  Lawful authority of a court to hear cases that arise within specified geographical area or that involve particular kinds of law violations  Appellate Jurisdiction  Lawful authority of a court to review a decision made by a lower court Tiers of Courts ­Supreme court­ the court of last resort ­US Circuit courts of appeals­ Intermediate level appeals Structure of Federal Courts  US Magistrate Courts o The lowest level of the federal court system, magistrate courts operate as courts of limited jurisdiction  US District Courts (Trial courts*******) o Try felony cases involving federal laws and civil cases in which the amount of money in controversy exceeds $75,000  California and Texas have the most districts  Pennsylvania is the 3rd circuit (NJ too) US Court of Appeals  Review federal and state appellate court cases when there is a federal issue present  Does not retry the case or review the facts­ only matters of procedure and substance of the law The US Supreme Court  The nation’s highest appellate body  Court of last resort for all cases tried in federal and state courts  9 supreme court justices  BONUS ON TEST= name all justices o Justice Clarence Thomas o Chief Justice John G. Roberts**** o Justice Anthony M. Kennedy o Justice Ruth Bader Ginsburg o Justice Sonia Sotomayor o Justice Stephen G. Breyer o Justice Samuel A. Alito, Jr. o Justice Elena Kagan o Antonin Scalia­ just died o ­­­A lot of them were prosecuting attorneys before supreme court justices  4 judges have to agree to see a case for it to make it to the supreme court  When the supreme court decides to hear a case they grant a Writ of Certiorari o An order of a superior court requesting that the record of an inferior court be brought forward for review or inspection  Judges are APPOINTED!!! State Courts  There are 50 separate state court systems plus one for D.C  State organization does not always parallel the relatively simple organizational structure of the federal judiciary  Types of state courts­ most have 4 levels o 1 Courts of limited jurisdiction  Roughly constitute 90% of all courts  “Subject matter” consists of minor offenses (traffic courts)  Sanctions are usually very minor  Try civil cases for very small amounts of money  Records of court proceeding are not kept  Make difficult to appeal the court’s decision  If appealed, go before the general jurisdiction courts of a new trial, o 2 Specialized courts o 3 Courts of general jurisdiction (not all state have this) o 4 Appellate courts  Intermediate level of appeals  Courts of last resort State Court Structure  Justice of the Peace Courts o Five states (AZ,DE,LA, MT, TX) o Local level courts that handle minor level disputes o Texas justice of peace (JOP) courts have original jurisdiction over “Class C misdemeanors” o Justices of the peace sometimes issue search and arrest warrants, perform wedding ceremonies, and can serve as coroners in less populous counties  Magistrate Courts o Handle a number of minor offenses and preliminary court proceedings, including some pretrial intervention programs and bail o Gatekeeper function: diverts some minor cases to alternative treatment programs o Similar to JOP courts; no jury trials  Chief magistrate assigns cases and sets court dates  Municipal/City/County/Metropolitan Courts  General Jurisdiction Courts o Often serve as a major trial courts o Some specialize in certain types of cases o Common Pleas (NY= Supreme) o Criminal cases  Best known for conducting high profile felony cases before full juries o Civil cases  Usually involve dollar amounts over a specified threshold  State Supreme Courts o Have the last word over matters arising from the lower courts o Often petitioned with more cases than they can review during a term o Each state has its own rules for selecting cases o Some types of cases go directly to state supreme courts (ex: death penalty only 33 state still have it) o Some states will have additional courts of “last resort” Federal system has 3 tiers States mostly have 4 tiers Intermediate Appellate Courts  PA: Superior and commonwealth courts  Commonwealth ct­ original jurisdiction for civil actions against state  Superior court: no original jurisdiction and takes appeals from final orders of courts of common pleas Appellate Courts  Most convictions are affirmed on appeal  Verdict will be reversed, case may be remanded back for a new trial  Defendants may attempt an appeal to the US supreme court  Appeal must be based on o Claimed violations of the defendant's rights as guaranteed under federal law or the US constitution  Access to federal courts has been limited o Herrena v. Collins 1993 o New evidence of innocence is no reason for a federal court to order a new state trial if there is no grounds for a constitutional argument PROCEDURES Initial Appearance (pretrial procedure)  The law requires that a person be taken before a neutral judicial officer  Also known as the Gerstein hearing  Protects individual rights by reviewing the law enforcement officer’s decision of probable cause for an arrest (4th amendment)  Should occur within 48 hours of arrest  Procedure o Defendant is informed of charges and possible penalties o Defendant is provided with a copy of any charging documents o Defendant is informed of their right to retain counsel (or have an attorney appointed) o Bail may be preliminary granted or denied (a separate bail hearing usually occurs later)  More than 75% of misdemeanor cases defendant pleads guilty  ****Check on police by judge to make sure the police had enough probable cause to arrest/detain a suspect Charging  When the defendant is formally charged  3 primary ways: o Complaint is filed  Police or private citizen accusing person of committing a crime  Commonly used for misdemeanor charges o Indictment  Grand jury (group of citizens, usually ranges from 16­23 people)  Closed door, secretive proceedings, public can’t watch  Not open court  Primary for felonies  **True bill of indictment= allows court to proceed and recognizes that criminal activity has occurred o Information  Prosecution  Presented at the preliminary hearing  Primarily for felonies Preliminary Hearing  Used as checks on prosecutorial authority in jurisdictions that do not utilize grand juries  Held in open court (before a judge, usually a magistrate)  Judge determines if there is probable cause o If there is probably csue then the judge “binds over” the defendant for tria o If not enough evidence:  Reduction of charges ti misdemeanor  May dismiss the charges completely Bail  Defined: o Security provided to the court that the defendant will appear at every stage in the CJ system o Bail serves 2 purposes:  Helps ensure reappearance of the accused in court  Prevents unconvicted persons from suffering imprisonment unnecessarily  You would be sitting in jail from 1­6 months ­Issues to be considered for bail eligibility:  Crime type and circumstances  Capital crime suspects don’t get bail o ⅔ of all felony defendants were released on bail o ½ of all violent criminals were released on bail o 8% of suspected murderers o 42% robbery suspects o 44% motor vehicle theft o 49% burglary o 55% rape suspects o *Those on parole are more likely to be detained o Issues to be considered for bail eligibility  Crime type and circumstances  Flight risk  Dangerousness of defendant (prior history)  Person’s financial ability to pay cash bill o Bail release mechanisms  Police field citation release  Direct release programs  police/court bail schedule  6 types of bail o Full cash­ allowed bail with a set cash amount; to obtain your freedom you have to pay in full in the beginning o Deposit cash­ pay 10% of bail price up front o Surety bail­ use property as bail; post home to pay for bail o Conditional bail­ o Unsecured bail­ o Release on recognizance (ROR)­ no money or conditions, they will just take your word that you will come back Arraignment  A formal proceeding in which the charging document is read to the defendant in open court  Defendant is asked to enter a formal plea on each charge (usually 2 options) o Guilty (perhaps already a plea bargain) o Not guilty (case will be scheduled for trial) o Nolo contendere (no contest)­ judge puts you down as not guilty  Can admit there is sufficient evidence for conviction  Not required to actually admit guilt  Some jurisdictions this means that the plea cannot be used against the defendant in a civil trial  Some jurisdictions: mentally ill defendants can enter a plea of guilty by reason of insanity (less than 1% of all felony cases and 77% of those are unsuccessful)  Alford Plea­ accept guilt but say you are innocent o Why would innocent person take this deal  Bc you think the jury might convict you anyway o Plea bargaining is guaranteed Discovery  Process by which the parties exchange relevant info about the case  No constitutional right: statutes, judicial decisions, and court rules have established obligations to disclose certain info as part of the defendant’s due process rights to a fair trial o List of witnesses o Relevant evidence o Prosecution must disclose all exculpatory evidence (Brady v. Maryland 1963): any evidence that may be favorable to the defendant  Duke Lacrosse case prosecutor­ found evidence 3 lacrosse players didn’t actually commit the crime and didn’t report it  Brady was accused of homicide, but really someone already confessed and said Brady did not but the prosecution did not tell defense and trial went on, Brady appeals and gets a lesser sentencing Plea Bargaining  Exchange of prosecutorial and judicial concessions for guilty plea o Initial charges may be reduced (charge bargaining) o Prosecutor may promise to recommend lenient sentence (sentence bargaining) o Prosecutor may alter charge (count bargaining)  2 counts of something, count bargaining= cut out one count if you admit guilt to one of the counts  Plea bargaining occurs frequently in justice system­ true o 96% of cases for federal system o 95% of criminal convictions are a result of negotiated guilty pleas in state system EXAM= Chapter 8­11 The Courtroom Workgroup ­Judges ­Prosecution ­Defense Counsel ­Sheriffs ­Clerks ­Stenographers ­Witnesses The Judge and the Justice System  Primary duty=oversee the trial process (referee)  Decided case in bench trials  Determines the sentence (except in capital cases)  Selection of judges o Election (state)  Partisan  Nonpartisan  Problems  Bias­ very political  “Tough on crime”  Low voter turnout o Appointed (federal by president)  Biased  Qualified o Merit Selection Prosecutorial Discretion  Sometimes referred to as the “gatekeepers” of the CJS (most powerful players)  Decision options o Go forward and charge the defendant to court o Nolle prosequi o Negotiate plea bargain  Affects decisions o Resources  Funding  Political influence  Election o Legal  Evidence  Lack  “Problem”­ whether police’s actions were right or wrong  Offense severity  Conviction o Extra­legal  Age  Offender  Race  Gender  Ses  Prior record  ***Sexual assault/rape= very difficult to get case to trial/prosecute o Bc it's he said/she said The Defense Attorney  Counterpart of the prosecuting attorney in criminal process  Accused has constitutional right to counsel (6th amendment) only in criminal cases o Gideon v. Wainwright (1963) Felony charges  Made states provide you an attorney in felony offenses  Private vs. Public attorney  Private = min of $25,000  80% can’t afford that  Appointed (state attorney) or contract (individual firm helps out) o Argersinger v. Hamlin (1972) Misdemeanors  Extend right for an attorney to misdemeanors  Must observe ABA Code and provide zealous defense within boundaries of law  Roles of defense attorney o Walsh and Hemmens (2008) o Ensure defendants rights are not violated (intentionally or by error) o Make sure the defendants know all of their options before they make a decisions o Provide the defendant with the best possible defense (without ethical/ legal violations) o To argue for the lowest possible sentence or best possible plea bargain Sentencing  The goals of modern sentencing o Deterrence o Incapacitation o retribution/just dessert o Rehabilitation o equity/restitution  Pre­sentencing investigation report o A report designed to help the judge decide on the appropriate sentence within the limits established by law o Prepared by the probation or parole officer  Information in a presentence report o A typical Presentence Report includes the following infor:  Personal info about the offender and his or her background  A description of the offense and its circumstances  A description of the offender’s criminal record  RAP sheet= records of arrest prosecution  Family info and current family status  Education history  Employment and military history  Health history and status (including drug history)  Financial status  Mental health status  Sentencing recommendation made by the probation officer  High Risk Factors in a PSI o Antisocial personality patterns o Pro Criminal attitudes o Social support for crime o Substance abuse o Family and marital problems  Traditional sentencing option o Fines o Probation o Imprisonment o Death  Sentencing Models o States penalize their convicted offenders in different ways o Indeterminate model o Determinate model

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Textbook: Calculus
Edition: 8
Author: James Stewart
ISBN: 9781285740621

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The altitude perpendicular to the hypotenuse of a right