Criminal Justice & Georgia’s Criminal Justice & Georgia’s Judicial SystemJudicial System

What Is A Crime?What Is A Crime?

A A Crime Crime is an action (by a person), in which a society has is an action (by a person), in which a society has deemed it as inappropriate, and has outlawed it. deemed it as inappropriate, and has outlawed it.

Societies usually breakdown crimes into two categories:Societies usually breakdown crimes into two categories:

1.) 1.) Mala In SeMala In Se – A crime that is bad in itself. The majority of – A crime that is bad in itself. The majority of societies view the action as a negative behavior (murder & societies view the action as a negative behavior (murder & rape). rape).

2.) 2.) Mala ProhibitaMala Prohibita – A crime that is bad because a certain – A crime that is bad because a certain society views it as a negative behavior (drugs & society views it as a negative behavior (drugs & prostitution) prostitution)

Classifications of Crimes In the U.S.Classifications of Crimes In the U.S.

In the U.S., crimes are categorized based on their In the U.S., crimes are categorized based on their seriousnessseriousness

1.) 1.) Summary OffensesSummary Offenses – Least serious crimes (traffic – Least serious crimes (traffic citations) citations)

2.) 2.) MisdemeanorsMisdemeanors – Less serious but more serious than – Less serious but more serious than summary offenses. Punishable by one to twelve months in summary offenses. Punishable by one to twelve months in jail or a fine up to $1,000 (DUI & criminal trespass). jail or a fine up to $1,000 (DUI & criminal trespass).

3.) 3.) FeloniesFelonies - Very serious crimes punishable by more - Very serious crimes punishable by more than a year in prison and/or a fine of $1,000 and up than a year in prison and/or a fine of $1,000 and up (murder, rape, robbery). When the crime is punishable by (murder, rape, robbery). When the crime is punishable by death it is known as a death it is known as a Capital FelonyCapital Felony. .

Civil Cases Civil Cases

Unlike a criminal case, a Unlike a criminal case, a civil casecivil case involves involves a dispute between two or more parties. a dispute between two or more parties. (citizens & businesses). This type of case is (citizens & businesses). This type of case is also known as a lawsuit.also known as a lawsuit.

Plaintiff Plaintiff - The party who brings the legal - The party who brings the legal action.action.

Defendant Defendant – The party against whom the – The party against whom the action is brought. action is brought.

Criminal CasesCriminal Cases

In a criminal case, it is the state’s In a criminal case, it is the state’s responsibility to responsibility to prosecuteprosecute – charge – charge someone with a crime; the state is someone with a crime; the state is responsible for proving someone’s guilt. responsible for proving someone’s guilt.

Police OfficersPolice Officers – Make the arrest – Make the arrest District AttorneysDistrict Attorneys – Prosecute the individual. – Prosecute the individual.

Types of LawsTypes of Laws

Constitutional LawConstitutional Law

Statutory LawStatutory Law

Administrative LawAdministrative Law

Case LawCase Law

Georgia’s Court SystemGeorgia’s Court System

Georgia’s courts operate under different Georgia’s courts operate under different jurisdictions: 1.) jurisdictions: 1.) Original Original – first court to hear a – first court to hear a case & 2.) case & 2.) Appellate Appellate – review decisions made by – review decisions made by lower courts.lower courts.

Courts Courts Municipal “City” CourtsMunicipal “City” Courts – limited jurisdiction: – limited jurisdiction: warrants, traffic offenses, ordinances (city law).warrants, traffic offenses, ordinances (city law).

Magistrate Courts Magistrate Courts – limited jurisdiction: pretrial – limited jurisdiction: pretrial proceedings, warrants, bail, civil under $5,000.proceedings, warrants, bail, civil under $5,000.

Courts ContinuedCourts Continued

Juvenile Courts Juvenile Courts – limited jurisdiction: crimes & traffic – limited jurisdiction: crimes & traffic offenses under 18 yrs. of age.offenses under 18 yrs. of age.

State Courts State Courts – limited jurisdiction: civil cases, traffic – limited jurisdiction: civil cases, traffic offenses, & misdemeanors.offenses, & misdemeanors.

Superior Court Superior Court - original: Felonies & Divorces & Appellate: - original: Felonies & Divorces & Appellate: over lower courts.over lower courts.

Court of AppealsCourt of Appeals (12 Judges) - Appellate jurisdiction in (12 Judges) - Appellate jurisdiction in cases not reserved to the GA Supreme Court. cases not reserved to the GA Supreme Court.

Georgia Supreme Court Georgia Supreme Court

7 Justices 7 Justices

Appellate Jurisdiction Appellate Jurisdiction

Hears appeals Hears appeals involving: constitutional involving: constitutional issues, capital felonies, issues, capital felonies, contested elections, contested elections, titles to land, wills & titles to land, wills & divorcesdivorces

Criminal Justice ProcessCriminal Justice Process

Due ProcessDue Process – All rights outlined in the – All rights outlined in the U.S.Constitution must be applied by the states. U.S.Constitution must be applied by the states.

Steps In The C.J. ProcessSteps In The C.J. Process1.) Arrest1.) Arrest2.) Booking – official record of the arrest2.) Booking – official record of the arrest3.) Initial Appearance – magistrate provides the 3.) Initial Appearance – magistrate provides the

following: explanation of the charge, bail, attorney following: explanation of the charge, bail, attorney (if indigent – means poor).(if indigent – means poor).

4.) Preliminary Hearing – a magistrate determines if 4.) Preliminary Hearing – a magistrate determines if probable cause is present.probable cause is present.

ContinuedContinued

5.) 5.) Grand JuryGrand Jury (Indictment) – 16 to 23 citizens – (Indictment) – 16 to 23 citizens – determines if there is enough evidence to charge determines if there is enough evidence to charge the suspect.the suspect.

6.) 6.) ArraignmentArraignment – (Superior Court) – charges are – (Superior Court) – charges are read and a plea is entered.read and a plea is entered.

7.) 7.) Plea Bargain Plea Bargain - plead to a lesser charge. - plead to a lesser charge.8.) 8.) TrialTrial – jury selection, opening statements, – jury selection, opening statements,

presentation of the case, closing statements, presentation of the case, closing statements, deliberation and verdict.deliberation and verdict.

9.) Appeal 9.) Appeal

Juvenile JusticeJuvenile Justice

In the state of Georgia, individuals under the age In the state of Georgia, individuals under the age of seventeen (juveniles) are treated differently of seventeen (juveniles) are treated differently from adults.from adults.

There are Juvenile Courts, which deal entirely with There are Juvenile Courts, which deal entirely with types of Juvenile offenders:types of Juvenile offenders:

1.) 1.) Delinquent JuvenilesDelinquent Juveniles

2.) 2.) Unruly JuvenilesUnruly Juveniles

3.) 3.) Neglected JuvenilesNeglected Juveniles