Juvenile Justice SystemJuvenile Justice System

Georgia HistoryGeorgia History

The Department of The Department of Juvenile JusticeJuvenile Justice

Georgia HistoryGeorgia History

http://www.djj.state.ga.us/

History of the JJSHistory of the JJS

In 1906, the Georgia General Assembly In 1906, the Georgia General Assembly passed a law that established a special passed a law that established a special court for juveniles. court for juveniles.

In 1911, Fulton County became the first In 1911, Fulton County became the first county in GA to set up a juvenile court.county in GA to set up a juvenile court.

Today every county in GA has oneToday every county in GA has one A juvenile is defined as anyone under A juvenile is defined as anyone under

the age of 17.the age of 17.

Young People and the LawYoung People and the Law

Did you know that on any given day, Did you know that on any given day, over 2,500 children are locked up in over 2,500 children are locked up in Georgia? Most of these young Georgia? Most of these young people are jailed for nonviolent people are jailed for nonviolent crimes such as shoplifting, breaking crimes such as shoplifting, breaking windows, truancy (failure to attend windows, truancy (failure to attend school), or running away from home.school), or running away from home.

JuvenilesJuveniles

As citizens, juveniles must follow the As citizens, juveniles must follow the same local, state, and federal laws same local, state, and federal laws that all other citizens follow. that all other citizens follow.

But juveniles have special status But juveniles have special status under the law, and they must also under the law, and they must also follow some laws that do not apply to follow some laws that do not apply to adults.adults.

Unruly ChildUnruly Child

A child who commits an act that would not A child who commits an act that would not be considered a crime if committed by an be considered a crime if committed by an adult is called an unruly child or a status adult is called an unruly child or a status offender.offender.

These children are often described as These children are often described as “unmanageable” or “disobedient.” If the “unmanageable” or “disobedient.” If the court decides that the unruly behavior is court decides that the unruly behavior is serious, the child may be committed to a serious, the child may be committed to a Georgia detention service, for up to two Georgia detention service, for up to two years.years.

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Unruly behavior – AKA Status Unruly behavior – AKA Status OffensesOffenses

Juvenile courts in GA can decide that a child Juvenile courts in GA can decide that a child shows unruly behavior, which can be any of shows unruly behavior, which can be any of the following:the following:

1) The child frequently refuses to go to school 1) The child frequently refuses to go to school (truancy)(truancy)

2) Has run away from home2) Has run away from home 3) Disobeys reasonable commands from a 3) Disobeys reasonable commands from a

parent or guardianparent or guardian 4) hangs around city streets, highways, or 4) hangs around city streets, highways, or

other public places between the hours of other public places between the hours of midnight and 5ammidnight and 5am

5) goes to a bar without a parent or guardian 5) goes to a bar without a parent or guardian or is in possession of alcoholic beveragesor is in possession of alcoholic beverages

6) disobeys the terms of supervision 6) disobeys the terms of supervision contained in a court ordercontained in a court order

Delinquent BehaviorDelinquent Behavior Juvenile courts may also judge that a child Juvenile courts may also judge that a child

shows delinquent behavior.shows delinquent behavior. Delinquent behavior means committing a Delinquent behavior means committing a

crime. crime. On the other hand, children from 13 to 17 On the other hand, children from 13 to 17

years old will be punished according to the years old will be punished according to the law.law.

This may include spending up to five years This may include spending up to five years in a detention facility.in a detention facility.

A delinquent act is the term used to A delinquent act is the term used to describe an act that would be a crime if describe an act that would be a crime if committed by an adult.committed by an adult.

Burglary and car theft are examples of Burglary and car theft are examples of delinquent acts.delinquent acts.

Deprived ChildrenDeprived Children

Deprived child is the legal term for a Deprived child is the legal term for a child under the age of 18 who is child under the age of 18 who is without adequate food, shelter or without adequate food, shelter or protection.protection.

The child is not at fault; the state The child is not at fault; the state prosecutes parents or guardians who prosecutes parents or guardians who endanger or neglect children.endanger or neglect children.

Abuse, neglect or drug/alcohol use Abuse, neglect or drug/alcohol use are reasons DFCS gets involved.are reasons DFCS gets involved.

JJS JurisdictionJJS Jurisdiction

Juvenile courts have three main Juvenile courts have three main areas of jurisdiction: unruly juveniles areas of jurisdiction: unruly juveniles or status offenders, deprived or status offenders, deprived juveniles, and delinquent juveniles.juveniles, and delinquent juveniles.

Juvenile courts also have the Juvenile courts also have the jurisdiction to determine if a child jurisdiction to determine if a child needs to be committed for needs to be committed for psychological evaluation or psychological evaluation or treatment for mental incompetency.treatment for mental incompetency.

Rights of Juveniles in CustodyRights of Juveniles in Custody

Children accused of unruly or delinquent Children accused of unruly or delinquent behavior have the following rights:behavior have the following rights:

Right to have a lawyer: If parents or Right to have a lawyer: If parents or caregivers can afford a lawyer, they are caregivers can afford a lawyer, they are urged to hire one; if parents cannot afford urged to hire one; if parents cannot afford a lawyer, the court will appoint a lawyer a lawyer, the court will appoint a lawyer for free. In addition, the juvenile court for free. In addition, the juvenile court judge must tell the child and his or her judge must tell the child and his or her parents or caregiver, that there may be parents or caregiver, that there may be dangers if they choose not to use a lawyer.dangers if they choose not to use a lawyer.

Rights cont’dRights cont’d Right to cross-examine witnessRight to cross-examine witness Right to provide evidence to support one’s Right to provide evidence to support one’s

own caseown case Right to provide witnesses to support Right to provide witnesses to support

one’s own caseone’s own case Right to remain silent: The child does not Right to remain silent: The child does not

need to say anything about what they are need to say anything about what they are charged with, and the judge cannot use charged with, and the judge cannot use this silence against them. However, if the this silence against them. However, if the child does choose to state their case in child does choose to state their case in court, the judge can use what they say in court, the judge can use what they say in order to judge the facts of the case.order to judge the facts of the case.

The Juvenile Justice ProcessThe Juvenile Justice Process

When children thought to be When children thought to be delinquent are arrested, the police delinquent are arrested, the police notify their parents or caregivers. notify their parents or caregivers. The police then decide whether to The police then decide whether to release the delinquents or detain release the delinquents or detain them. them.

To detain means to keep under arrest.To detain means to keep under arrest. Detained delinquents may be put in a Detained delinquents may be put in a

Regional Youth Detention Center or in Regional Youth Detention Center or in a community shelter or foster home.a community shelter or foster home.

4 Steps in the JJS4 Steps in the JJS

1-Intake1-Intake 2-Detention Hearing2-Detention Hearing 3-Adjudicatory Hearing3-Adjudicatory Hearing 4-Dispositional Hearing4-Dispositional Hearing

http://www.djj.state.ga.us/ResourceLibrary/_PDFfiles/JuvenileCourtTimeLine.pdf

IntakeIntake

A juvenile court officer, designated as an A juvenile court officer, designated as an intake officer, will arrive to make an intake intake officer, will arrive to make an intake decision. decision.

That is, the intake officer investigates the That is, the intake officer investigates the charges and determines the next step in the charges and determines the next step in the process.process.

At this point, the intake officer has four At this point, the intake officer has four options:options:

1-officer may recommend to the judge that 1-officer may recommend to the judge that the case be dismissed; 2- handle the case the case be dismissed; 2- handle the case through an informal adjustment (counseling; through an informal adjustment (counseling; 3- move the case to a child services agency; 3- move the case to a child services agency; or 4-file a petition for a detention hearing.or 4-file a petition for a detention hearing.

Detention HearingDetention Hearing

Within 48 hours of CJ being detained Within 48 hours of CJ being detained at an RYDC, a juvenile court judge at an RYDC, a juvenile court judge review the intake officer’s reportreview the intake officer’s report

The judge decides to continue to The judge decides to continue to detain the suspect or to release detain the suspect or to release him/her on bail.him/her on bail.

If the action is to file a petition, a If the action is to file a petition, a court date is set for the adjudicatory court date is set for the adjudicatory hearing.hearing.

Adjudicatory HearingAdjudicatory Hearing

The adjudicatory hearing is something The adjudicatory hearing is something like a trial. like a trial.

A judge, not a jury, decides the fate.A judge, not a jury, decides the fate. The judge reads the charges stated in The judge reads the charges stated in

the petition and asks to suspect to the petition and asks to suspect to either admit or deny the charges. If either admit or deny the charges. If your friend denies the charges, the your friend denies the charges, the hearing continues.hearing continues.

The judge hears the case and decides if The judge hears the case and decides if the charge(s) are true. (Verdict)the charge(s) are true. (Verdict)

Dispositional HearingDispositional Hearing

The dispositional hearing is similar to The dispositional hearing is similar to the sentencing phase of a trial. the sentencing phase of a trial.

The judge determines the remedy or The judge determines the remedy or solution for the offense. solution for the offense.

Dispositional OptionsDispositional Options

1-Release the suspect to the custody of 1-Release the suspect to the custody of parents or a legal guardian with no court parents or a legal guardian with no court supervisionsupervision

2-Put the suspect on probation2-Put the suspect on probation 3-Place suspect in the custody of the 3-Place suspect in the custody of the

Department of Juvenile JusticeDepartment of Juvenile Justice 4-Designate suspect a felon who should be 4-Designate suspect a felon who should be

confinedconfined 5-sentence to YDC or treatment program5-sentence to YDC or treatment program 6-transfer the case to Superior Court6-transfer the case to Superior Court

The 7 Delinquent BehaviorsThe 7 Delinquent Behaviors

7 delinquent behaviors are 7 delinquent behaviors are automatically outside the jurisdiction automatically outside the jurisdiction of juvenile court. Children b/w the of juvenile court. Children b/w the ages of 13 and 17 who are thought ages of 13 and 17 who are thought to have committed any of these to have committed any of these seven crimes will be tried as adults in seven crimes will be tried as adults in a superior court. a superior court.

These seven crimes are:These seven crimes are:

7 Crimes7 Crimes Aggravated child molestationAggravated child molestation MurderMurder RapeRape Aggravated sexual batteryAggravated sexual battery Aggravated sodomyAggravated sodomy Voluntary manslaughterVoluntary manslaughter Armed robbery with a firearmArmed robbery with a firearm Sexting (recently added) e consequences of being Sexting (recently added) e consequences of being

found guilty of any of these crimes are harsh found guilty of any of these crimes are harsh punishments. The punishment for murder, for punishments. The punishment for murder, for example, may be life in prison or even death.example, may be life in prison or even death.

Students’ RightsStudents’ Rights Students do not leave their constitutional Students do not leave their constitutional

rights behind them when they enter the rights behind them when they enter the schoolhouse door. In particular, challenges schoolhouse door. In particular, challenges have arisen over several areas of basic have arisen over several areas of basic student freedoms when those freedoms student freedoms when those freedoms seemed to conflict with a school’s right to seemed to conflict with a school’s right to manage its environment. Students and manage its environment. Students and schools have disagreed over the nature of schools have disagreed over the nature of school disciplinary procedures, protection school disciplinary procedures, protection of lockers and book bags against searches, of lockers and book bags against searches, freedom of expression in slogans on T-freedom of expression in slogans on T-shirts, articles in student newspapers, and shirts, articles in student newspapers, and even school dress and hairstyle restrictions.even school dress and hairstyle restrictions.

Student ResponsibilitiesStudent Responsibilities

According to GA law, students have a According to GA law, students have a legal right to a free public education. legal right to a free public education. But along with rights come But along with rights come responsibilities.responsibilities.

Students must attend school b/w ages of Students must attend school b/w ages of six and sixteen. Students must follow six and sixteen. Students must follow reasonable rules and regulations, reasonable rules and regulations, behavior codes, and even dress codes behavior codes, and even dress codes schools have established to provide an schools have established to provide an environment that is safe and conducive environment that is safe and conducive to learning.to learning.

Working togetherWorking together

Finally, students have a responsibility to Finally, students have a responsibility to work with school officials to prevent work with school officials to prevent disruptions and violence in their schools. disruptions and violence in their schools.

After the school shootings of the late After the school shootings of the late 1990s, all students have a responsibility to 1990s, all students have a responsibility to work together to avoid weapons and fights work together to avoid weapons and fights on school campuses.on school campuses.

And all students must work to prevent And all students must work to prevent violence at school-sponsored activities, violence at school-sponsored activities, dances, ball games, and other events—not dances, ball games, and other events—not just in the school classrooms.just in the school classrooms.