PART 2

JUDICIAL BRANCH

INTERPRETS THE LAW

SS8CG4 JUDICIAL BRANCH

1 - Court System:

Supreme Court

Court of Appeals

Trial Courts

other courts

SUPREME COURT

Highest ranking court in Georgia 6 year terms 7 judges Popular vote/dies or resigns-governor appoints

replacement Is an appellate court

Reviews decisions from lower courts

Interprets the state constitution

Reviews all GA cases involving death penalty

Has final say in matters of law

COURT OF APPEALS

2nd highest ranking court in Georgia 12 judges/ 1 member is selected by

members to serve as Chief Judge 6 year term Popular vote Is an appellate court

Hears cases from lower courts

TRIAL COURTS

Hears original cases Criminal or Civil

Superior Courts-hear cases involving state law---highest ranking trial court

Juvenile Courts-hear juvenile cases

State Courts-hear civil and misdemeanor criminal cases

OTHER COURTS

Probate courts

Small claims courts

Municipal courts

Justices of the peace Traffic violations -appoints guardians

Game and fish law violations –issue arrest warrants

Minor traffic offenses -issue search warrants

Will/disposition of estates –violation of ordinances

Criminal casesState takes legal action against someone who has been arrested for committing a crime

The state bears the burden of proofMurderRobberyRape

CIVIL CASESBetween 2 or more partiesAre personalPlaintiff brings legal action against defendant and has to bear the burden of proof

Citizenship Property rights Child custody Contracts Marriages/divorces inheritance

TRIAL COURTS

1. Grand JuryDetermines whether or not persons accused of crimes should be indicted (officially charged and required to stand trial)2. Trial JuryA group of citizens who are charged with judging a person charged with a crime

STEPS IN CRIMINAL JUSTICE PROCESS

State or prosecution files criminal charges against an individual----

Trial determines guilt or innocence

CRIMES

1. felony: serious crime punishable by one or more years in prison, a fine of at least $1,000 or BOTH

2. misdemeanor: a less serious crime punishable by less than one year in prison, a fine of less than $1,000 or BOTH

AVOIDING TROUBLE/SETTLING DISPUTES

Mediation

Arbitration

Compromise

Negotiation

Collaboration

Nonviolence

LOCAL GOVERNMENTS

SS8CG5

COUNTY- CITY - SPECIAL PURPOSE GOVERNMENTS

1. COUNTY GOVERNMENTS

Authorized by state charter Carries out certain government functions:

Power to tax Cost of county administration

Police/legal system

Roads/bridges

Public health

Free medical care

Assistance to dependent children

Parks/libraries

Public education

MOST COUNTY GOVERNMENTS ARE HEADED BY ELECTED BOARDS OF COMMISSIONERS.

Board of Commissioners 4 year terms Popular vote

Clerk of superior court

Judge of probate court

Tax commissioner

Sheriff

Coroner

COMMISSIONERS HAVE THE AUTHORITY TO :::

County policies & ordinances County budget Establish tax rates Provide services to people of

county

COUNTY OFFICIALS

Appointed positions County clerks Attorneys Tax assessors

2. CITY GOVERNMENT

A City exists as a political unit when it receives a charter form the state legislature

200 residents

3 miles from boundary of another city

60% of its land is divided into tracts for residential, business, industrial, institutional, or governmental purposes

Follows whatever the city charter authorizes

Provides: Police protection Licenses to businesses Traffic control Water and sewage services

DIFFERENCES: COUNTY/CITY

Provide different services to the county and the city they serve

TYPES OF CITY GOVERNMENTS

WEAK MAYOR COUNCIL

City council has both legislative and executive powers Mayor has limited powers, appoints few city officials,

and has little veto power Mayor is more a figurehead who presides over council

meetings and performs other ceremonial duties

STRONG MAYOR COUNCIL

Mayor is a strong leader who proposes legislation, prepares the budget, appoints all department heads, and has veto power

ATLANTA, GEORGIA

COUNCIL MANAGER FORM

Voters elect a city council that establishes laws and policies

Mayor may be elected or named by the council

Council hires city manager who is responsible for daily operation of city, appoints heads of government, and sees that they carry out their jobs

3. SPECIAL PURPOSE GOVERNMENTS

Created for a single job or single group of tasks School systems MARTA Public Housing Authority fire departments Parks and recreation authorities airports port authorities

Special Purpose Governments govern themselves Example: school board

attendance dress code behavior/discipline schedules

Exist to provide for the public’s welfare

JUVENILE OFFENDERS

SS8CG6

Juvenile- a child under 17 years of age

TWO IMPORTANT TERMS

Delinquent Act- would be considered criminal if committed by an adult

(burglary and car theft)

Status Offense- would not be considered criminal if committed by an adult

(running away from home and skipping school)

JUVENILE COURTS 3 main purposes:

To help and protect the well-being of children

To make sure that any child coming under the jurisdiction of the court receives the care, guidance, and control needed

To provide care for children who have been removed from their homes

JUVENILE COURTS-JURISDICTION OVER:

Juveniles who commit traffic offenses

Delinquent juveniles Unruly juveniles Deprived juveniles Juveniles under the supervision or

probation of the court Cases involving children who

need mental health service

Proceedings involving judicial consent for marriage, employment, or enlistment in the armed services when such consent is required by law

1. DELINQUENT JUVENILE

A juvenile who commits serious acts that would be considered criminal if an adult had committed them

Is under the age of 17

Thought to be in need of treatment or rehabilitation

2. UNRULY JUVENILE

If the parents cannot manage a young person whose actions would not be considered criminal if he/she were an adult

Absent from school on a regular basis without an excuse (truant)

Has run away from home

Disobeys reasonable commands from parent/guardian

Hangs out (between midnight-5:00a.m.)

Goes to a bar without parent or guardian or is in possession of alcoholic beverages

Disobeys terms of supervision in court order

3. DEPRIVED JUVENILE

One who has been neglected or who needs special help from the court and is under the age of 18

Does not have adequate food, shelter, or protection

Child is NOT at fault

State prosecutes parent or guardians who endanger or neglect children under their care

Abuse or neglect

Physical or psychological abuse

Guardian ad litem-person appointed by juvenile court to represent child’s best interest in legal proceedings

When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be “taken into custody” rather than “under arrest”.

Juveniles handled under the juvenile justice system have the same basic rights that other citizens have.

Juvenile cases are decided by a judge, not a jury.

Juvenile court proceedings can result in the loss or liberty.

Juveniles have the right to a fair trial: They must be notified of the charges against them

They are protected against self-incrimination

RIGHTS:

They have the right to an attorney

They have the right to confront and question witnesses against them

The accused has the right to present a defense

The right to introduce evidence

The right to testify on his/her own behalf

The right to have a parent /guardian present in all hearings

If a lawyer cannot be afforded, the court must appoint one to represent the child

STEPS IN PROCESS:

1. INTAKE

GUILTY-Released to custody of parents

or they are Detained 2. DETENTION

Probable cause hearing w/in 72 hours

Dismiss

Informal adjustment

Formal hearing

3. FORMAL HEARING complaint witness files petition

outlining wrong doing date set for formal

hearing/summons issued

Part 1- Adjudicatory Hearing (like a trial) Judge hears case & the defense Judge makes decision (guilty/2nd

hearing OR

not guilty (released)

Part 2: Dispositional hearing Judge determines punishment

4. SENTENCING

a. Released to custody of parents/guardian with NO

court supervision

b. Placed on probation

c. Placed in youth development center (up to 90 days)

d. Commit juvenile to Department of Juvenile Justice

e. Sent to special program (boot camp)

f. Assign other punishment (fines, restitution) & special conditions of probation (mandatory school attendance, community service, counseling, suspension/probation of driver’s license)

g. Transfer the case to Superior Court

5. RIGHT TO AN APPEAL Court has right to extend its

custody or supervision of the juvenile for up to 5 years

6. SEVEN DEADLY SINS Certain violent crimes committed by

juveniles that may result in the courts treating juveniles as adults.

1. murder 6. aggravated sexual battery

2. rape 7. voluntary manslaughter

3. armed robbery

4.aggravated child molestation

5. aggravated sodomy AGGRAVATED-something that makes a crime more

severe/worse

Just because a youth has been arrested for one of the 7 Deadly Sins does not mean he or she will be tried in the adult system.

Before an indictment, the superior court determines in which court the case will be heard.

If convicted in superior court, the juvenile serves a mandatory 10-year sentence without the possibility of parole.

7. DECISION

Before an indictment (a formal charge or accusation of a serious crime), the superior court determines in which court the case will be heard

8. CONSEQUENCES

If convicted in superior court, the juvenile serves a mandatory 10 year sentence without the possibility of parole.

http://www.gpb.org/georgiastories/stories/criminal_justice_and_the_juvenile

REVENUE

SS8E4

1. SOURCES:

State funds

Federal funds

Special fees collected by agencies

2. DISTRIBUTION:

STATE LEVEL: 1. education

2. wages/salaries of government employees

3. public safety

4. transportation

5. interest on debt

LOCAL LEVEL: 1. education

2. police/fire protection

3. libraries

4. parks

5. water/sewer systems

CHOICES:

Resources (budget)

Needs (essential services for people)