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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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Presentation Transcript
slide2
If you were responsible for selecting all of the judges in Florida, what would you look for?
  • Knowledge
  • Skills
  • Disposition/Qualities
slide4
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

slide8
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?

slide14

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
slide18
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?

slide19
Motion to Suppress Hearing Arguments

Should the gun be suppressed as

evidence?

Yes or No?

Why?

district courts of appeal
DISTRICT COURTS OF APPEAL
  • 3 judges sit to hear case.
  • Decision
  • What is next?
the florida supreme court1
The Florida Supreme Court
  • 7 Justices
  • Only 6 justices heard the

J.L. case

slide27
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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