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

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The Courts and the Constitution

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  1. The Courts and the Constitution

  2. If you were responsible for selecting all of the judges in Florida, what would you look for? • Knowledge • Skills • Disposition/Qualities

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

  4. 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?

  5. CHECKS ON JUDGES MUST FOLLOW: CONSTITUTION STATUTES RULES HIGHER COURT DECISIONS ACTIONS REVIEWABLE

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

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

  8. But first – You need to know the Fourth Amendment to the U.S. Constitution.

  9. 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.”

  10. The Anonymous Tip NOW THE CASE: Read and highlight or circle the important facts.

  11. The Anonymous Tip What will happen to J.L?

  12. The Trial Court J.L. will appear in circuit court before a judge.

  13. The Trial Court • 1 Judge • Motion to Suppress Hearing

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

  15. 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?

  16. Motion to Suppress Hearing Arguments Should the gun be suppressed as evidence? Yes or No? Why?

  17. What did the real trial court decide? • What happens next?

  18. What is an Appeal?

  19. DISTRICT COURTS OF APPEAL • 3 judges sit to hear case. • Decision • What is next?

  20. The Florida Supreme Court

  21. The Florida Supreme Court • 7 Justices • Only 6 justices heard the J.L. case

  22. What’s Next?

  23. Now you are Justices on the U.S. Supreme Court. Here is the question before the court…

  24. 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?

  25. 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.

  26. 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.

  27. 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?

  28. 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

  29. 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

  30. The Anonymous Tip What did the real U.S. Supreme Court decide and why?

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