Agenda 1-15

1. Copy standard(NB #6)

2.Copy Vocab words, define and use in a sentence, due next

week(NB #7)

3.Notes and discussion

Standard SS8CG4

The student will analyze the role of the judicial branch in Georgia

state government.

FelonyFelony Criminal LawCriminal Law

MisdemeanorMisdemeanor Trial JuryTrial Jury

JurisdictionJurisdiction TruancyTruancy

Court of AppealsCourt of Appeals JuvenileJuvenile

Civil LawCivil Law Status Status offenseoffense

PlaintiffPlaintiff DefendantDefendant

Vocabulary- Vocabulary- define and use define and use in a sentence---due in a sentence---due FridayFriday

THE JUDICIAL SYSTEM

• LAW NOTES

What is a law?• A law is

• Foundation of law in the U.S.

• A formal rule or statement about what we can or cannot do.

• 1st- the U.S. Constitution

• 2nd- the Georgia Constitution

Who are the judges?

• Judges in Georgia are elected

• Some judges are elected in partisan elections. Partisan means they belong to a particular political party (usually Republican or Democrat)

TYPES OF LAW

LAW

CRIMINAL CIVIL

CIVIL LAW

• DEALS WITH AGREEMENTS BETWEEN

• 2 OR MORE PEOPLE OR BUSINESSES.–EX. DIVORCES,LANDLORD/TENANT/BOSS/EMPLOYEE, MECHANIC/CUSTOMER ETC.

Georgia law written in

• LAW BOOK- CALLED

THE OFFICIAL CODE OF

GEORGIA ANNOTATED

O.C.G.A.

CIVIL PROCESS

PLAINTIFF FILES

LAWSUIT IN THEJURISDICTION-\

COUNTY WHERE DEF-

ENDANT LIVES

DEFENDANT- PERSON BEING

SUED- IS SERVEDWITH LAWSUIT

PLAINTIFF BEGINSTHE LAWSUIT

MEDIATION

• When the plaintiff and defendant meet before the case goes to court, usually with a neutral third party, to try and work things out– Similar to peer mediation

CIVIL PROCESS cont.

• IF THE PLAINTIFF WINS THE LAWSUIT, HE OR SHE GETS A JUDGMENT AND (POSSIBLY) AWARD:

–AMOUNT OF MONEY OR PROPERTY

WON

CIVIL CONT.

• CIVIL JURISDICTION– IF YOU ARE IN A CAR ACCIDENT AND NOT

AT FAULT AND YOU SUE THE OTHER DRIVER FOR DAMAGES, YOU FILE THE LAWSUIT IN THE COUNTY WHERE THE OTHER DRIVER LIVES.

– WHY?

LAWSUITS

• LAWSUITS READ:

– PLAINTIFF VS. DEFENDANT

• JANE SMITH VS. JOHN SMITH (DIVORCE)

• ROBERT JONES VS. GOODYEAR

CRIME QUIZ1. During what season does the

murder rate peak?

2. What is the most often used weapon?

3. Which gender commits the most crime?

4. Which group of people is most often a crime victim- women, young males, children?

CRIME FACTS answers:

• Murder rate peaks in the summer

• Firearm is the weapon of choice

• Males traditionally commit the majority of crime & have an arrest ratio 4:1 over women

• Young males- not women or children- are most often the victims of crime

CRIME QUIZ

5. Is the crime rate higher in rural or urban areas?

6. What is the name of the Federal Law Enforcement Agency?

7. Under which Branch of the government is it found?

8. Under which department is it found?

CRIME QUIZ answers

• 5. urban

• 6. The FBI – Federal Bureau of Investigation

• 7. The Executive Branch (enforces laws)

• 8. The Department of Justice (DOJ)

CRIMINAL LAW

• INTENTIONAL VIOLATION OF LAW THAT HURTS OR OFFENDS A PERSON OR THEIR PROPERTY–PUNISHMENT: GIVE UP

FREEDOM

PURPOSE OF CRIMINAL LAW

• DETER OR PREVENT CRIMINAL ACTIVITY

• PROTECT WELL-BEING

IN CRIMINAL LAW, CRIMES MUST BE:

• CLEARLY DEFINED

• HAVE A REASONABLE PUNISHMENT- CANNOT VIOLATE 8TH AMENDMENT

Appellate Courts

• Look over judgments made by trial courts. Appellate courts only hear appeals. They make sure that the trials were fair.

RULE OF LAW

• NO ONE IS ABOVE THE LAW

• EVERYONE IS SUBJECT TO THE SAME LAWS–“JUSTICE IS BLIND”

2 CATEGORIES OF CRIME

• CRIME OF OMMISSION

• CRIME OF COMMISSION

CRIME OF OMISSION

• FAILING TO DO WHAT THE LAW REQUIRES– EXAMPLE: GETTING A DRIVER’S

LICENSE BEFORE DRIVING

CRIME OF COMMISSION

• DOING SOMETHING THE LAW SAYS NOT TO DO

• EXAMPLE: DO NOT STEAL, KILL, SPEED, ETC.

DUE PROCESS

• CONSTITUTIONAL RIGHTS OF THOSE ACCUSED OF A CRIME: being told of charges, right to confront witnesses against you etc.

– 5TH AMENDMENT

– 6TH AMENDMENT

– 7TH AMENDMENT

– 14TH AMENDMENT

3 TYPES OF CRIMINAL VIOLATIONS

• ORDINANCE-

–A LOCAL CITY LAW• EX. NOISE ORDINANCE- CAN’T MOW GRASS BEFORE 6 A.M.

MISDEMEANOR

• LESS SERIOUS CRIME or “Jailable” offense

• PUNISHABLE BY LESS THAN 1 YEAR IN JAIL OR PRISON AND/OR A $1,000 FINE– EX. THEFT UNDER $500 IN VALUE

– SIMPLE BATTERY

FELONY

• MOST SERIOUS CRIME

• PUNISHABLE BY 1 YEAR OR MORE IN PRISON AND/OR MORE THAN $1,000 FINE.– EX. THEFT OVER $500 IN VALUE,

AGGRAVATED ASSAULT (SERIOUS BODILY HARM) RAPE, MURDER

– CONVICTED FELONS MAY NOT VOTE OR EVER OWN WEAPONS

JAIL VS. PRISON

– JAIL- WHERE A DEFENDANT IS HELD BEFORE TRIAL; OPERATED BY COUNTY

– PRISON- WHERE A CONVICTED PERSON SERVES TIME ; OPERATED BY STATE

CRIMINAL JURISDICTION

• WHERE THE CRIME TOOK PLACE–EX. IF YOUR CAR IS STOLEN IN

ATLANTA AND YOU LIVE IN SMYRNA, WHERE DO YOU FILE THE POLICE REPORT?

IN THE UNITED STATES:Every 22.1 seconds One Violent CrimeEvery 35.3 seconds One Aggravated AssaultEvery 1.2 minutes One RobberyEvery 5.5 minutes One Forcible RapeEvery 32.4 minutes One MurderEvery 3.0 seconds One Property CrimeEvery 4.5 seconds One Larceny-theftEvery 14.7 seconds One BurglaryEvery 25.3 seconds One Motor Vehicle Theft

CRIME IN OUR BACKYARD:2010 STATS from the Georgia Bureau of Investigation (GBI)

County Population Murder Rape Robbery Agg. Assault(weapon)

Burglary Larceny/theft

Motor vehicle theft

Arson

Bartow 95,201 1 32 57 218 943 2,347 272 3

Cherokee 216,615 1 23 40 146 690 2,407 158 6

Clayton 270,664 15 91 620 675 4,981 6,238 1,593 44

COBB 702,023 3 135 608 1,259 4,859 11,599 1,227 62

DeKalb 730,856 85 178 2,114 1,632 10,437 19,743 4,915 116

Douglas 129,757 4 19 66 272 806 3,215 260 9

Forsyth 178,423 3 18 17 67 517 1,561 95 9

Fulton 1,023,712

132 232 3,225 4,614 14,010 32,403 7,399 134

Gwinnett 805,870 28 196 872 918 6,149 13,450 1,685 99

Paulding 138,965 1 19 27 169 723 2,107 219 19

Judicial Branch/LawJudicial Branch/Law

ReviewReview

1. The judges in some of Georgia’s 1. The judges in some of Georgia’s courts are selected in partisan elections. courts are selected in partisan elections. Partisan meansPartisan means

A.A. Not associated with a political partyNot associated with a political partyB.B. Associated with a political partyAssociated with a political partyC.C. Not associated with at particular Not associated with at particular

countycountyD.D. Associated with a particular countyAssociated with a particular county

1. The judges in some of Georgia’s 1. The judges in some of Georgia’s courts are selected in partisan elections. courts are selected in partisan elections. Partisan meansPartisan means

A.A. Not associated with a political partyNot associated with a political partyB.B. Associated with a political partyAssociated with a political partyC.C. Not associated with at particular Not associated with at particular

countycountyD.D. Associated with a particular countyAssociated with a particular county

2. Which of the following is characteristic 2. Which of the following is characteristic of an appellate court?of an appellate court?

A.A. trialstrialsB.B. juriesjuriesC.C. decides if someone broke the lawdecides if someone broke the lawD.D. looks over decisions made by other looks over decisions made by other

courtscourts

2. Which of the following is characteristic 2. Which of the following is characteristic of an appellate court?of an appellate court?

A.A. trialstrialsB.B. juriesjuriesC.C. decides if someone broke the lawdecides if someone broke the lawD.D. looks over decisions made by other looks over decisions made by other

courtscourts

3. In a civil case, the defendant is 3. In a civil case, the defendant is accused of having wronged another accused of having wronged another person. The person who makes this person. The person who makes this accusation is called the accusation is called the

A.A. plaintiffplaintiffB.B. prosecutorprosecutorC.C. judgejudgeD.D. juryjury

3. In a civil case, the defendant is 3. In a civil case, the defendant is accused of having wronged another accused of having wronged another person. The person who makes this person. The person who makes this accusation is called the accusation is called the

A.A. plaintiffplaintiffB.B. prosecutorprosecutorC.C. judgejudgeD.D. juryjury

4. Crimes for which punishment is less 4. Crimes for which punishment is less than one year in jail are calledthan one year in jail are called

A.A. feloniesfeloniesB.B. seriousseriousC.C. heinousheinousD.D. misdemeanorsmisdemeanors

4. Crimes for which punishment is less 4. Crimes for which punishment is less than one year in jail are calledthan one year in jail are called

A.A. feloniesfeloniesB.B. seriousseriousC.C. heinousheinousD.D. misdemeanorsmisdemeanors