The courts and the constitution
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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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The courts and the constitution

The Courts and the Constitution


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


The courts and the constitution

How are judges different from other elected officials such as legislators?


The courts and the constitution

  • Should judges be influenced by political pressures when deciding a case?

  • Would you want a judge to make a decision based on the law or how the public might react to the decision?

  • Should judges do what is legally right or should they do what is popular?


Checks on judges

CHECKS ON JUDGES

MUST FOLLOW:

CONSTITUTION

STATUTES

RULES

HIGHER COURT DECISIONS

ACTIONS REVIEWABLE


The courts and the constitution

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


The courts and the constitution

Today, you will be a justice on the U.S. Supreme Court and decide a real case.


The courts and the constitution

But first –

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


Fourth amendment united states constitution

FOURTH AMENDMENT 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

  • Video from the Bill of Rights Institute.


The anonymous tip

The Anonymous Tip

NOW THE CASE:

Read and highlight or circle the important facts.


The anonymous tip1

The Anonymous Tip

What will happen to J.L?


The courts and the constitution

Florida’s Court Structure

Supreme

Court

7 Judges

District Courts of Appeal

62 Judges

Circuit Courts

599 Judges

County Courts

322

Judges


The trial court

The Trial Court

J.L. will appear in circuit court

before a judge.


The trial court1

The Trial Court

  • 1 Judge

  • Motion to Suppress Hearing


The courts and the constitution

In addition to the Fourth Amendment, what else might a judge need to know?


The courts and the constitution

Other similar cases and how they were decided –

Case precedent: Terry v. Ohio

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


The courts and the constitution

Motion to Suppress Hearing Arguments

Should the gun be suppressed as

evidence?

Yes or No?

Why?


The courts and the constitution

  • What did the real trial court decide?

  • What happens next?


The courts and the constitution

What is an Appeal?


District courts of appeal

DISTRICT COURTS OF APPEAL

  • 3 judges sit to hear case.

  • Decision

  • What is next?


The florida supreme court

The Florida Supreme Court


The florida supreme court1

The Florida Supreme Court

  • 7 Justices

  • Only 6 justices heard the

    J.L. case


The courts and the constitution

What’s Next?


The courts and the constitution

Now you are Justices on the U.S. Supreme Court.

Here is the question before the court…


The anonymous tip2

The Anonymous Tip

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

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

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

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

  • 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

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

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


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