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The Courts and the Constitution. If you were responsible for selecting all of the judges in Florida, what would you look for? Knowledge Skills Disposition/Qualities. How are judges different from other elected officials such as legislators?.

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If you were responsible for selecting all of the judges in Florida, what would you look for?

  • Knowledge

  • Skills

  • Disposition/Qualities




Checks on judges
CHECKS ON JUDGES deciding a case?

MUST FOLLOW:

CONSTITUTION

STATUTES

RULES

HIGHER COURT DECISIONS

ACTIONS REVIEWABLE


So, a judge cannot decide a case based on how he/she deciding a case?feels about an issue



But first – decide a real case.

You need to know the Fourth Amendment to the U.S. Constitution.


Fourth amendment united states constitution
FOURTH AMENDMENT decide a real case.UNITED STATES CONSTITUTION

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,shall not be violated, and no warrants shall issue, but upon probable cause,supported by oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.”


The bill of rights
The Bill of Rights decide a real case.

  • Video from the Bill of Rights Institute.


The anonymous tip
The Anonymous Tip decide a real case.

NOW THE CASE:

Read and highlight or circle the important facts.


The anonymous tip1
The Anonymous Tip decide a real case.

What will happen to J.L?


Florida’s Court Structure decide a real case.

Supreme

Court

7 Judges

District Courts of Appeal

62 Judges

Circuit Courts

599 Judges

County Courts

322

Judges


The trial court
The Trial Court decide a real case.

J.L. will appear in circuit court

before a judge.


The trial court1
The Trial Court decide a real case.

  • 1 Judge

  • Motion to Suppress Hearing



Other similar cases and how they were decided – need to know?

Case precedent: Terry v. Ohio

How are the facts in Terry v. Ohio similar or different from the J.L. case?


Motion to Suppress Hearing Arguments need to know?

Should the gun be suppressed as

evidence?

Yes or No?

Why?



What is an Appeal? need to know?


District courts of appeal
DISTRICT COURTS OF APPEAL need to know?

  • 3 judges sit to hear case.

  • Decision

  • What is next?



The florida supreme court1
The Florida Supreme Court need to know?

  • 7 Justices

  • Only 6 justices heard the

    J.L. case


What’s Next? need to know?


Now you are Justices on the U.S. Supreme Court. need to know?

Here is the question before the court…


The anonymous tip2
The Anonymous Tip need to know?

Constitutional Question

Is an anonymous tip that a person is carrying a gun sufficient (enough) to justify a police officer stopping and frisking a person?


The anonymous tip3
The Anonymous Tip need to know?

Individually answer the question –

Yes or No based on the facts of the case, the constitution , and case precedent.

-Give 3 reasons in writing.


The anonymous tip4
The Anonymous Tip need to know?

If you answer “Yes” – you are deciding for the State of Florida

_____________________________

If you answer “No” you are deciding for J.L.


The anonymous tip5
The Anonymous Tip need to know?

Is an anonymous tip that a person is carrying a gun – sufficient (enough) to justify a police officer stopping and frisking a person?


The anonymous tip6
The Anonymous Tip need to know?

  • Get into Groups of 5

  • Choose a Chief Justice

  • Chief Justice Maintains Order

  • Poll the Justices. How did each one answer the question and why?

  • Try to come to a unanimous decision.

  • You have 10 minutes to discuss then take a final poll


The anonymous tip7
The Anonymous Tip need to know?

After each Court decides:

  • Bring the Chief Justices to the front of the room to report on the decision of each group

  • Tally results and announce


The anonymous tip8
The Anonymous Tip need to know?

What did the real U.S. Supreme Court decide and why?


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