The Courts and the Constitution

The Courts and the The Courts and the ConstitutionConstitution

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

KnowledgeKnowledgeSkillsSkillsDisposition/QualitiesDisposition/Qualities

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

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

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

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

CHECKS ON JUDGESCHECKS ON JUDGES

MUST FOLLOWMUST FOLLOW::CONSTITUTIONCONSTITUTION

STATUTESSTATUTESRULESRULES

HIGHER COURT DECISIONSHIGHER COURT DECISIONSACTIONS REVIEWABLEACTIONS REVIEWABLE

So, a judge cannot decide So, a judge cannot decide a case based on how a case based on how he/she he/she feelsfeels about an about an issueissue

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

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

FOURTH AMENDMENT FOURTH AMENDMENT UNITED STATES CONSTITUTIONUNITED STATES CONSTITUTION

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

The Bill of RightsThe Bill of Rights Video from the Bill of Rights Institute.Video from the Bill of Rights Institute.

The Anonymous TipThe Anonymous Tip

NOW THE CASE:NOW THE CASE:

Read and highlight or circle the Read and highlight or circle the important facts.important facts.


What will happen to What will happen to J.L?J.L?

Florida’s Court Structure

SupremeCourt

7 Judges

District Courts of Appeal62 Judges

Circuit Courts599 Judges

County Courts322 Judges

The Trial CourtThe Trial Court

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

The Trial Court

1 Judge1 Judge Motion to Suppress Motion to Suppress HearingHearing

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

Other similar cases and how they Other similar cases and how they were decided –were decided –Case precedent:Case precedent: Terry v. Terry v. OhioOhio

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

Motion to Suppress Hearing Motion to Suppress Hearing ArgumentsArguments

Should the gun be suppressed asShould the gun be suppressed asevidence?evidence?

Yes or No?Yes or No?Why?Why?

What did the real trial What did the real trial court decide?court decide?

What happens next?What happens next?

What is an Appeal?What is an Appeal?

DISTRICT COURTS OF APPEALDISTRICT COURTS OF APPEAL

3 judges sit to hear 3 judges sit to hear case.case.

DecisionDecision What is next?What is next?

The Florida Supreme CourtThe Florida Supreme Court

The Florida Supreme CourtThe Florida Supreme Court

7 Justices7 Justices Only 6 justices heard theOnly 6 justices heard the

J.L. caseJ.L. case

What’s Next?What’s Next?

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

Here is the question before Here is the question before the court…the court…

The Anonymous TipThe Anonymous TipConstitutional QuestionConstitutional Question

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

The Anonymous TipThe Anonymous TipIndividually answer the question Individually answer the question – – Yes or No based on the facts of Yes or No based on the facts of the case, the constitution , and the case, the constitution , and case precedent.case precedent.

-Give 3 reasons in writing.-Give 3 reasons in writing.


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

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


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

The Anonymous TipThe Anonymous Tip Get into Groups of 5Get into Groups of 5 Choose a Chief JusticeChoose a Chief Justice Chief Justice Maintains OrderChief Justice Maintains Order Poll the Justices. How did each one Poll the Justices. How did each one

answer the question and why?answer the question and why? Try to come to a unanimous Try to come to a unanimous

decision.decision. You have 10 minutes to discuss then You have 10 minutes to discuss then

take a final polltake a final poll

The Anonymous TipThe Anonymous TipAfter each Court decides:After each Court decides:

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

Tally results and announceTally results and announce


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

The Courts and the Constitution

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