The Courts and the Constitution

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The Courts and the Constitution
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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

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

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• 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?

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CHECKS ON JUDGES

• MUST FOLLOW
• CONSTITUTION
• STATUTES
• RULES
• HIGHER COURT DECISIONS
• ACTIONS REVIEWABLE

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

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

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

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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.

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The Anonymous Tip

• NOW THE CASE
• Read and highlight or circle the important facts.

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The Anonymous Tip

• What will happen to J.L?

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The Trial Court

• J.L. will appear in circuit court
• before a judge.

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The Trial Court

• 1 Judge
• Motion to Suppress Hearing

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

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• 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?

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

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

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• What is an Appeal?

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DISTRICT COURTS OF APPEAL

• 3 judges sit to hear case.
• Decision
• What is next?

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The Florida Supreme Court
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The Florida Supreme Court

• 7 Justices
• Only 6 justices heard the
• J.L. case

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• Whats Next?

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

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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?

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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.

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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.

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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?

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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

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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

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The Anonymous Tip

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