Embed Size (px)
Citation preview
Unit 11Government
Chapter 14
STANDARDS SS8H4 The student will describe the impact of events
that led to the ratification of the United States Constitution and the Bill of Rights.
SS8CG1 The student will describe the role of citizens under Georgia’s constitution.
a. Explain the basic structure of the Georgia state constitution.
b. Explain the concepts of separation of powers and checks and balances.
c. Describe the rights and responsibilities of citizens. d. Explain voting requirements and elections in Georgia. e. Explain the role of political parties in government.
Essential Questions Distribution of Power: The student will understand that distribution of
power in government is a product of existing documents and laws combined with contemporary values and beliefs.
• What are the roles or functions of each of the branches and levels of government? (CG2, CG3, CG4)
• What are the qualifications and duties of the legislative branch? (CG2a)
• What is the structure of the legislative branch of government? (CG2b)
• What are the qualifications, duties, and terms of office of the executive branch of Georgia government? (CG3a)
• What is the structure of the executive branch of government? (CG3b)
• What is the structure of the judicial branch of Georgia government? (CG4a)
• What is the difference between a criminal law and a civil law? (CG4b)
CONSTITUTION OF GEORGIA (Nov, 1998) PREAMBLE To perpetuate the principles of free
government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
What were the Articles of Confederation and when were they ratified?
The Articles of Confederation, ratified in 1781, were the first Constitution of The
United States of America. They INTENTIONALLY set up a weak
national government
What type of legislature existed under the Articles of Confederation?
Unicameral legislature which means one chamber – each state had one representative/one vote.
No chief executive, no national court system
Who was the chief executive under the Articles of Confederation?
There wasn’t one!
Describe the National Court System under the Articles of Confederation
There wasn’t one of these either!
What were the problems with the Articles of Confederation? Articles of Confederation were weak –
Confederation Congress could only ask states for help – made for a weak central government – in addition to problems domestically, the new country did not have much respect from foreign nations.
The Articles of Confederation were considered weak because… Government did not have the power to regulate trade
Each state had its own money system No military under federal government control No method of paying soldiers who served in the
Revolutionary War (congress had no way to get money – could only request states send money)
No federal court No chief executive Each state had one representative and one vote
regardless of size States had the final say in everything concerning their
state Legislation had to be approved by 9 out of 13 states All 13 states had to agree if you wanted to change the
articles of confederation.
What made the nations leaders decide that changes to the Articles of Confederation must be done secretly?
New leaders were afraid people would panic and chaos might result if the people heard the government was going to change.
When did the Constitutional Convention convene?
In February, 1787, the Confederation Congress gave support to the Philadelphia Convention. Three months later, representatives met in Philadelphia
Why was Rhode Island absent from the Constitutional Convention?
Rhode Island did not believe in a stronger national government.
Describe the delegates at the Constitutional Convention.
Well educated, wealthy landowners many of whom served in the Continental Congress (41 out of 55). Value system was more CONSERVATIVE – favoring traditional values and reluctant to make change.
However, they did realize the need for a strong central government to protect the states (no one state strong enough to stand up against a foreign enemy)
What type of government did the delegates recommend for the United States?
A REPUBLIC form of government, described by James Madison as a type of government where the powers of the government are given to the people. The people elect representatives.
What two plans were presented before the delegates
The Virginia Plan (called for a strong central government) and The New Jersey Plan (would continue government as under the Articles of Confederation with a few adjustments).
Describe the power balance in each.
1. Virginia Plan….. Strong National government that had the power to collect taxes, make laws, enforce the laws in its own courts. Could also mobilize the armed forces and elect people to serve in executive and judicial branches
2. New Jersey Plan Congress would have a one house
legislature that could levy taxes, control interstate and foreign trade. The executive branch would be appointed by several persons selected from Congress.
The executive branch would appoint a Supreme Court, which had the power to handle conflicts.
What were the disadvantages of each?
Virginia Plan had equal numbers of representatives and not PROPORTIONAL REPRESENTATION.
New Jersey Plan left government weak.
What was THE GREAT COMPROMISE?
Connecticut proposal that called for a bicameral Congress – one based upon proportional representation and the other based upon equal representation.
Under the great compromise, where would taxation and government spending bills originate?
Taxation and government spending bills would originate in the house but they would have to be approved by the senate.
How were slaves figured into population estimates necessary for representation?
The total number of free persons would be counted, but only three fifths of all other persons (slaves) would be counted.
For Georgia, this meant the 29,500 slaves could be counted as 17,700 people and added to the totals for that state’s representatives.
What compromises were reached specific to the topic of slavery?
The delegates prohibited the importation of slaves after 1808 and agreed that fugitive slaves had to be returned to their masters.
How did this compromise address the presidency
Each state’s legislature was allowed to send as many “electors” as it had members in Congress – these electors were eligible to vote for TWO people.
This was the creation of the ELECTORAL COLLEGE.
How were president and vice president selected?
The individual with the highest number of votes was the president and the person with the next highest number was the vice president.
Who were federalists?
Individuals who supported a strong
national government were known as federalists.
Who were antifederalists? Antifederalists opposed a strong national
government and believed the national government should not have too much power.
They wanted the major powers left to state governments
They also insisted citizen’s individual rights be protected – this led to the Bill of Rights (which are the first ten amendments to the constitution).
Who wrote THE FEDERALIST PAPERS
Alexander Hamilton, James Madison, John Jay
When did Georgia ratify the Constitution?
Georgia was the fourth state to ratify the Constitution – on January 2, 1788.
Nine states needed to ratify the Constitution in order for it to take effect – the ninth state was New Hampshire – June 21, 1788.
What is the Bill of Rights?
The first ten amendments to the Constitution are called the Bill of Rights.
What are the first ten amendments?
Extra credit if you can name the first ten amendments by the end of this unit (November 7th)
First Ten Amendments Freedom of religion, speech, press, and the right to assemble
and petition the government Right to keep and bear arms Prohibits stationing of troops in homes without consent Protects against unreasonable search and seizures – requires
probable cause Establishes grand jury, protects against double jeopardy, self
incrimination, guarantees due process and eminent domain Ensures right to speedy trial, to be informed of charges, counsel Provides for trial by jury Prohibits excessive bail or fines and prohibits cruel and unusual
punishment Does not deny people any rights that are not specifically
mentioned in the Constitution Gives the states or the people all powers not specifically granted
to Congress or denied to the states.
How can the Constitution be amended?
The Constitution can be amended by a three-fourths of the state legislatures (38).
What are the five principles that the Constitution is based upon?
1. Sovereignty – the idea of supreme power or authority -Electorate (voters) choose the individuals who will be part of the government and represent the people
2. Constitutionalism – representatives are bound by state and federal constitutions
3. Separation of powers – creates a limited government 4. Checks and balances 5. Federalism – national and state government share
authority over same territory and people. National law takes precedence (is first followed)
In the United States, where does the right to govern come from?
In the United States, the power to govern the people comes from a form of government known as a republic.
This is what is known as the principle of sovereignty.
What is the meaning of “Separation of Powers”?
The concept that a “limited government” is created by separating government. In our federal government, this was
accomplished by the three branches of government: executive, legislative and judicial.
What is the system of Checks and Balances?
A system where by no one branch becomes too powerful.
Each branch of government has some power or control to prevent some actions of the other two branches.
What is meant by the statement “The United States government is based upon a system of FEDERALISM?
A federal system is one in which the national government and the state governments share authority over the same territory and the same people.
(For example, Georgians are state citizens, but they are also US citizens. They are subject to both state and federal laws)
What occurs if there is a conflict between state and federal laws?
National Law takes precedence.
SECTION 2 PAGE 510
What is the senate composed of?
Two representatives from each state for a total of 100 members
Who serves as president of the senate?
The Vice President of the United States serves as president of the senate and presides over sessions.
The vice president does not vote on any issues before the Senate unless there is a tie.
Who is the president pro tempore and when do they serve?
The president pro tempore of the senate presides over the senate in absence of the vice president and is the senior member of the majority party.
Who are the majority and minority leaders of the senate?
Majority and minority leaders of the senate represent the political leaders of the country’s two dominant political parties – the Democratic and Republican parties.
See page 510 for a list of Georgia’s representatives
What are the requirements to be a senator?
An individual must be at least 30years old, been a citizen of the US for 9 years and a resident of the state he or her represents.
Terms are 6 year and staggered so that only one third of the entire Senate is elected in any one election year.
What are the requirements to be a member of the US House of Representatives?
An individual must be at least 25 years old, a citizen of the United States for at least 7 and a resident of the state he or she represents.
Serve Two Year Terms
Who is the “Speaker of the House”?
The Speaker of the House is the leader of the House and is always a member of the majority party (the political party that holds the majority of the 435 seats). The speaker is responsible for the day to day functions of the house of representatives.
How many representatives in the house does Georgia have?
Based up the 2000 census, Georgia has thirteen representatives.
What does it mean to “control the house”?
A political party that holds the majority of the seats is said to control the house.
Based upon the 2000 census, Georgia has
THIRTEEN REPRESENTATIVES
Examine page 512 and list the Expressed Powers of Congress. Expressed powers: those powers specifically
given to Congress in the US Constitution Regulate commerce, levying taxes, coining
and issuing money, borrowing money, establishing bankruptcy, establishing naturalization procedures, establishing post offices, issue copyrights, weights and measures, establishing federal courts, punish treason, punish counterfeiters, provide for national parks, federal buildings, declaring war and making rules for warfare.
IMPLICIT POWERS
Powers not specifically stated in the constitution but derived from Congress’s right to make all laws necessary to carry out its expressed powers.
Known as ELASTIC clause because it stretches the powers of congress (comes from Article 1, Section 8 of the Constitution).
How can Congress override a presidential veto?
If the president vetoes a bill, it can be passed by a vote of 2/3 of BOTH houses of Congress
What is a “pocket veto”?
For presidential veto that is over ridden:: If the president does not sign a bill into law within ten days, and IF Congress is still in session, the bill becomes law without the president’s signature. However, if Congress adjourns during this ten day period, the bill does not become a law and is dead.
Section 3 – Executive Branch – page 514
How is the President elected?
The president is elected by a special committee known as the electoral college.
Using page 515, list the powers of the president.
Appoint and dismiss thousands of federal employees, including ambassadors, federal judges, cabinet offices etc
Act as commander in chief for military Call extra sessions of congress Recommend legislation Veto bills or sign bills into law Receive diplomatic representatives Enter into treaties with foreign governments with Senate approval Issue proclamations (ie honor astronauts) Pardon all offenses against the United States except in cases of
impeachment, where a pardon can never be granted.
What are the parts of the electoral college?
538 electors in the Electoral College Members selected from each state –
equals number of its representatives in the Senate (2) and in the house of representatives combined.
Section 4 page 520 – The Judicial Branch
What makes up the judicial branch of the federal government?
The Supreme Court and all lower federal courts make up the judicial branch of the Federal government.
The judicial branch protects individual citizens from mistreatment by other branches of government and decide the meaning or interpretation of the Constitution and other laws.
What is the highest court in the land?
The United States Constitution established the Supreme Court as the highest court in the land.
How many justices serve this court?
One Chief Justice and eight associate justices.
How long do these justices serve?
These justices serve for life or until they choose to retire
How are these justices appointed?
They are appointed, with the consent of the senate, by the President of the United States.
What happens when the Supreme Court decides a case on constitutional grounds?
The decision becomes _______________
or guidelines for ___________________
What are circuits?
Judicial areas established lower than the supreme court.
What court circuit is Georgia in.
Georgia is in the ___________________ which includes
_____________________ ________________________________
_.
Where is the US Court of Appeals for the 11th Circuit located?
Who appears in appellate court?
No juries or witnesses, only opposing
What courts are below the circuit court?
Below the circuit courts are the ninety four district courts. District courts are the _____________trial courts and hear_______________________________
What are the only federal courts that have juries and witnesses in trials?
_________________Courts.
What are the three districts in Georgia?
Northern District, ___________________,
What is bankruptcy court?
Bankruptcy is a legal judgment that a person or an organizer________________
Using page 522, list the checks and balances existing in each of the three branches.
Chapter 15 Page 526 – State Government
How are the branches of Georgia’s state government like the federal government?
The state government has the branches of executive, legislative and judicial.
What is the purpose of the state constitution?
The purpose of the state constitution, despite many revisions to the text, remains the same:
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of all citizens, and of the family, and transmit to prosperity the enjoyment of liberty….
What is the largest branch of the state government?
Executive branch
Who is the Chief Executive Officer of the state?
The Governor is the Chief executive officer of the state
How is the Chief Executive Officer of the State selected and for how long do they serve?
The Governor is elected by a majority of the popular vote for a four year term. The constitution allows governors to serve two consecutive terms. After a second term, an individual has to wait four or more years before being able to run again.
What are the qualifications for Chief Executive Officer of the State?
30 years of age when taking office, a citizen of the United States for at least 15 years, and a resident of the state for at least 6 years.
What happens if the governor (Chief Executive of the State) dies or resigns?
If the governor dies or resigns, the lieutenant governor becomes the state’s chief executive officer until the next election for members of the general assembly. Should both die, the speaker of the house of representatives takes over until a new governor is elected.
What are the formal powers of the Governor? The Governor’s formal powers can be classified as 1.Executive Powers: being able to appoint state
officials and making sure that criminal and civil laws are enforced.
2. Legislative powers including sending requests and messages to the legislature, signing bills into law, and being able to veto a bill so it does not become a law.
3. Judicial powers include being able to pardon persons convicted of crimes and appoint state justices to fill unexpired terms.
What are the informal powers of the Governor?
One of the greatest informal powers is to appoint individuals to boards and executive offices.
How did Governor Joe Harris (1983 to 1990) change education?
Governor Joe Harris appointed all fifteen members of the Board of Regents, and all ten members of the state Board of Education.
These groups joined together to create what are now today the Georgia Performance Standards.
How is the lieutenant governor selected for office?
The lieutenant governor is elected by popular vote at the same time the governor is elected.
What are the qualifications for lieutenant governor?
The lieutenant governor must meet the same qualifications as governor but he can serve an unlimited number of consecutive terms of office.
How do term limits differ between governor and lieutenant governor?
The lieutenant governor can serve an unlimited number of consecutive terms in office.
When does the lieutenant governor assume the role of governor?
In the event of a governor’s death, resignation, or impeachment. He also serves as chief executive officer when the governor is out of state.
What happens if neither the governor nor the lieutenant governor are available?
The speaker of the house of representatives would take over the role of governor until an election for members of the General Assembly.
How does the lieutenant governor affect the passage or failure of bills?
As the presiding officer of the state senate, the Lieutenant Governor assigns senate committee appointments, assigns senate bills to committees and recognizes members of the senate who wish to speak.
Because of these powers, the lieutenant governor may affect the passage or failure of some senate bills.
What other positions in Georgia’s state government are elected?
State Attorney General, commissioner of agriculture, commissioner of labor, commissioner of insurance, public service commissioners, secretary of state, state school superintendent (see figure 63, page 534)
1.2.3.4.5.6.7.
What are statutory officials?
In addition to the officials named in the Georgia Constitution, there are a large number of government officials known as statutory officials. The jobs of these officials are called for by statute law. They are appointed by the governor or by the head of directing boards of the department which they serve (for example, the chief drug inspector appointed by the commissioner of agriculture).
Give an example of a statutory official.
Using figure 30 on page 531, list 10 agencies in the state government.
State Board of Pardons and Paroles Board of Natural Resources State Personnel board These are examples of governing boards
created by Georgia’s Constitution.
How many consecutive terms can a Georgia governor serve?
two
What are the three classifications of the Governor’s formal powers?
Executive, legislative, judicial
How does the lieutenant governor affect state legislation?
As presiding officer over the senate, the lieutenant governor makes senate committee appointments, assigns bills to committees, recognizes members of the senate who wish to speak.
Who is elected to head the Georgia Department of Education?
The state school superintendent
How do you think the tenth amendment to the Constitution relates to the legislative branch?
The tenth amendment states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively to the people”
Who has the power to make laws under the Georgia State Constitution?
Under the Georgia State Constitution, law making power is granted to the legislative branch.The Georgia legislature is officially known as the Georgia General Assembly.
How many members are in the house of representatives?
180 members of the house of representatives
How many members are in the senate?
56 members of the senate
How often are members elected and how long may they serve?
Members of the legislature are elected by popular vote to two year terms of office.
There is no limit on the number of terms a representative or senator can serve.
Compare the numbers of representatives in house and senate districts.
Each house district contains about the same number of people as all of the other house districts, and each senate district contains about the same number of people as all the senate districts.
What are the qualifications to serve in the house of representatives in Georgia?
House of Representatives: twenty one years of age, citizens of the US, citizens of Georgia for at least 2 years, and legal residents of the district from which they were elected for at least one year.
What are the qualifications to serve in the Georgia senate?
Senate: twenty five years of age, citizens of the United States, and citizens of Georgia for at least two years. In addition, they must have been legal residents of the district from which they were elected for at least one year.
How long are the legislative sessions?
The Georgia General Assembly meets each year for a forty day session beginning on the second Monday in January. Breaks and recesses do not count as part of the forty days, so the sessions usually last until the middle of March.
Who presides over legislative sessions?
The lieutenant governor presides over the senate.
Members of the house of representatives elect a speaker as their presiding officer.
Who is considered the individual to break a tie?
The lieutenant governor does not have a vote in the senate, but the speaker of the house votes when it is necessary to break a tie.
What are the types of committees in the legislature?
Standing Committees – permanent, lasting from one session to the next – examples: ways and means committees, appropriations committee, judiciary committee
Other committees are organized only for a specific task, such as an interim committee or a conference committee.
What are the types of legislation considered in the Georgia General Assembly?
The Georgia General Assembly can pass laws on any matter not denied it by the US Constitution. It can amend laws or do away with them.
Laws on matters such as taxes, education, contracts, and real and personal property. It also deals with inheritances, mortgages, marriage, divorce and makes laws concerning fines, imprisonment or death in criminal matters.
What are public regulations?
The Georgia General Assembly also deals with public regulations, which are laws that affect such issues as morals, public health, business or professional regulations or any general welfare rule that restricts personal property.
How does a bill become a law? Using page 540, list the steps.
NINE STEPS
GREEN TREE FROG DVD
How are district lines determined?
What two changes are likely to happen with the latest redistricting effort in Georgia?
Checkpoint:
Which house can propose a bill concerning how the state spends money?
House of Representatives
When does the General Assembly convene each year and how long are the regular sessions?
Second Monday in January: forty working days
What happens when the governor takes no action on a bill passed by both houses?
The bill becomes a law automatically
Who makes up the conference committee?
3 senators and 3 representatives are appointed for a conference committee.
What is the role of the judicial branch of the Georgia state government?
The role of the judicial branch, consisting of the state’s courts, is to
1. Interpret the state constitution 2. protect the legal rights of citizens 3. Enforce the laws of the state
What types of laws do courts enforce?
Courts enforce constitutional laws, statutory laws, administrative laws and case laws.
How are citizens protected from abuses by the government?
By ensuring that each citizen has “due process of law” – persons arrested have the right to have a lawyer present during questioning, must be given a speedy public trial, public trial must be before a fair judge and jury, they may face and question witnesses, may remain silent so as not to incriminate themselves
What is the difference between a civil case and a criminal case?
Civil case – dispute between two or more persons or groups
Criminal case – involves violation of law
What are crimes divided into?
Felony Misdemeanor
What is a felony?
Felony: serious crime such as murder or burglary and punishable by a year or more in prison, a fine of at least $1,000.00 or both
What is a misdemeanor?
A misdemeanor is a less serious crime, punishable by less than a year in prison, a fine of less than $1,000.00 or both
What is the highest ranking court in the Georgia court system?
The highest ranking court in the Georgia court system is the SUPREME COURT
How are the justices determined?
7 supreme court justices elected by popular vote to six year terms
How long may a supreme court justice serve the court?
Elected to a 6 year term by popular vote
What happens in the event of the death of one of the supreme court justices?
If a supreme court justice dies or resigns, the governor appoints the replacement to complete the term of office
How is the chief justice determined?
Supreme court justices elect the chief justice from among themselves
The supreme court is an APPELLATE court – what does this mean?
The supreme court is an appellate court, which means it only reviews cases on appeal from lower ranking courts – there are no witnesses and juries
FAIRY TALES ON TRIAL: read the following story and decide if the events are accurate or not….explain your rationale in the box to the right.
Excerpt from testimony to the Georgia Supreme Court: Little Red Riding Hood and Family Vs the Big Bad Wolf
“……..and so I met the defendant, Mr. Wolf, on the way to my grandmother’s house – she was sick in bed and left the door unlocked so I could get in to check on her. When I got to my grandmother’s house, Mr. Wolf was in the bed disguised as my grandmother. He would have eaten me alive, just like he did to my grandmother, if not for the woodcutter coming to my rescue….”
At this point, Mr. Wolf jumped up from his chair yelling “that’s a bold face lie” as he snarled at the jury. The Supreme Court justices were a bit disturbed by his outburst and asked the bailiff to remove Mr. Wolf, threatening to charge him with much more than a misdemeanor if he did not cooperate with his removal. “You can’t remove me”, Mr. Wolf yelped. “I am a Great Lakes Gray Wolf and under government protection through the endangered species act.”
Does the supreme court have the right to interpret the state constitution?
A responsibility of the supreme court is to interpret the state constitution
What are other duties of the state supreme court?
Regulates conduct for judges of the state, regulates the admission of attorneys to practice law in Georgia, automatically reviews all cases involving the death penalty, can review cases involving constitutionality of laws, title to land, equity, wills, HABEAS CORPUS (legal or factual error by court – ie wrongful imprisonment)
What is the Court of Appeals?
The second highest ranking state court is the court of appeals.
Only hears cases appealed from lower ranking courts
How many judges serve on this court?
Twelve judges serve on this court and they elect one member to serve as chief judge.
How long are their terms?
Judges are elected to six year terms
What makes this court also an APPELLATE court?
They only hear cases appealed from lower ranking courts
What are trial courts?
Trial courts hear original cases such as criminal court cases and civil cases between private parties.
How many trial courts does the state have?
The state’s trial courts include 188 superior courts in 49 circuits, 70 state courts, 159 probate courts, 159 juvenile courts, 159 magistrate courts
What is the meaning of jurisdiction?
The range of actions over which the court has control or influence
How does jurisdiction differ between trial courts?
For example, probate court deals with wills and estates of deceased persons, magistrate courts only hear civil cases involving sums under $15,000, juvenile court handles cases of persons under the age of seventeen
What are the two types of juries?
Grand Jury: determines whether or not persons accused of crimes should be indicted and required to stand trial
Trial Jury: a group of citizens who are charged with judging a person charged with a crime
Check point:
What is the difference between appellate and original jurisdiction?
Appellate courts review cases from lower courts and involve no witnesses or juries. Original jurisdiction courts hear civil and criminal cases where witnesses and evidence are presented.
Which type of court normally handles cases involving persons under the age of seventeen?
Juvenile Court
Which type of jury decides to indict a person accused of a crime?
Grand Jury
More Fairy Tales on Trial – Read the following excerpt from a TRIAL COURT and decide if the events are accurate or not – record your answers in the box to the right.
Excerpts from testimony to the MAGISTRATE COURT of RICHMOND HILL
“…..yes, your honor, the witch lured my brother and I to her candy house, put us in cages and fed us only sweets and candy until we got fat. She put my brother in the oven and was going to cook him!”
“Can you please point out the witch to me” the Judge asked. “There she sits, right over there” (Gretel points to where the defendant,
the witch, is sitting). “I’ve heard enough”, the Judge declares. “She is guilty and the
sentence is death”. “I appeal to the Probate Court” cackles the witch. “Denied” thunders the Judge. “Even the Supreme Court won’t hear
you” he declares. “Prepare the witch for her sentence – Oh, and for her last meal, give her some candy”.
Section 4, page 547
What is truancy and what branch of the justice system does it fall under?
Truancy is failure to attend school and falls under the jurisdiction of Georgia’s juvenile justice system.
What are juveniles?
Juveniles are citizens under the age of seventeen
What are some examples of the additional laws juveniles must follow that do not apply to adults?
Attend school until the age of 16 Cannot run away from home Cannot possess alcoholic beverages or tobacco
until ages twenty one and eighteen respectively May not hang around public places or wander the
streets breaking local curfews (usually 12 midnight to 5 am)
Responsible for obeying all of the reasonable and lawful instructions or commands of their parents or guardians
What are the usual hours for curfew?
12 midnight to 5 am
When was the juvenile justice system established?
In 1906, the Georgia General Assembly passed a law establishing a special court for juveniles. Today,every county in Georgia has one.
What are the three main purposes of the Juvenile Justice System?
To help and protect the well being of children
To make sure 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
What is a delinquent act?
A delinquent act is an act that would be considered a crime if committed by an adult
What is a status offense?
A status offense refers to an act that would NOT be considered a crime if it were committed by an adult
Using the table on page 548, figure 71, identify the areas of jurisdiction for Georgia’s juvenile courts
What does it mean to be “taken into custody”
When a juvenile commits a delinquent act or a status offense, they are taken into custody (vs being “under arrest”)
What is the first step when a juvenile is taken into custody?
INTAKE – an intake officer investigates the case and decides if there is enough evidence (probable cause) to support the charges
What happens if there is sufficient evidence to think a juvenile may be guilty of the charges?
If there is sufficient evidence, the intake officer may:
Release the juvenile into the custody of the parent or guardian
Detain the juvenile
In what cases are juveniles not released to a parent/guardian?
Juveniles who might be a risk to run away, who might have nowhere else to go if parents or guardians are unable or unwilling to take them, who might be a risk to harm themselves or others or who have been in trouble with the law before
Where are juveniles housed if they cannot be released into the custody of a parent?
Juveniles are housed in one of the state’s Regional Youth Detention Centers (RYDC)
In special circumstances, juveniles charged with serious crimes can be placed in adult jails and tried by adult courts rather than juvenile courts.
What is detention in the juvenile justice system?
Detention: If the juvenile is detained (taken out of their home environment and placed under supervision of the justice system) a probable cause hearing must take place within 72 hours
What are the three options a judge has after the probable cause hearing concludes?
Dismiss the case have an INFORMAL ADJUSTMENT have a FORMAL HEARING
What occurs with an informal adjustment?
The juvenile and the parents must must agree to the informal adjustment, the young person must admit the wrongdoing and remains under the supervision of the court for at least ninety days
The juvenile may also be required to pay for damages, complete community service etc…
What happens if there is not an informal adjustment?
If an informal adjustment is not held, the third step in the juvenile justice process is a formal hearing
What are the steps involved in a formal hearing?
The complaining witness files a petition outlining the wrong doing.
Once the petition is signed, a date is set for the formal hearing and a summons is issued.
The summons requires the juvenile, the parent/guardian and those involved in the charges to attend the hearing.
What is the first part of the formal hearing?
The first part of the formal hearing is the adjudicatory hearing, which is somewhat like a trial. The juvenile judge hears the case against the juvenile and the juvenile’s defense. There is NO jury.
Why isn’t there a jury?
A jury trial, by definition, has to be a trial by peers. In the case of a juvenile, the peers would all have to be juveniles – under age and unable to legally make recommendations.
What happens at the end of the formal hearing if the judge decides the juvenile is guilty?
If found guilty, the court schedules a second hearing.
What is the second part of the formal hearing?
The second part of the formal hearing is the dispositional hearing.
What additional evidence can be brought into the second part of the hearing and why?
In the second part, both the defense and the prosecutor can call witnesses and present evidence that might influence the judge’s sentence.
The fourth step in the juvenile justice process is sentencing. The judge may select a number of options including probation, YDC placement, boot camp etc….
Does the juvenile have a right to appeal?
Yes, the juvenile has the right to appeal his or her case
How long can the court extend its custody or supervision of a juvenile?
The court has the right to extend its custody or supervision of the juvenile for up to five years
Using figure 72 on page 549, list the types of sentences a juvenile may receive.
What are Georgia’s SEVEN DEADLY SINS?
In 1994, the Georgia legislature addressed the issue of increasingly violent youth crimes. This led to an amendment to the Georgia Juvenile Code that permits youth who are charged with violent crimes to be treated as though they were adults.
What type of sentencing occurs with the Seven Deadly Sins?
Mandatory ten year sentences are part of the guidelines.
What are the seven deadly sins?
Under current Georgia law, youth ages 13 to 17 may be tried as adults for allegedly committing one of seven crimes. The crimes, otherwise known as the "Seven Deadly Sins" include: murder, rape, armed robbery (with a firearm), aggravated child molestation, aggravated sodomy, aggravated sexual battery and voluntary manslaughter.
The law that allows youth to be tried as adults is often referred to as "SB440".
Do juveniles have the same rights as adults with respect to basic legal rights?
Juveniles handled under the juvenile justice system have the same basic legal rights that other citizens have
What amendments have protected student’s rights in cases involving school rights Vs student rights?
The courts have protected the First Amendment rights of students (freedom of religion, speech, press, right to assemble and right to petition) as well as Fourth Amendment rights against unreasonable search and seizure and under the Fifth Amendment – due process.
O.C.G.A. § 16-12-171 GEORGIA CODE
Copyright 2008 by The State of GeorgiaAll rights reserved.
*** Current through the 2008 Regular Session *** TITLE 16. CRIMES AND OFFENSES
CHAPTER 12. OFFENSES AGAINST PUBLIC HEALTH AND MORALS ARTICLE 7. SALE OR DISTRIBUTION TO, OR POSSESSION BY, MINORS OF CIGARETTES AND TOBACCO RELATED OBJECTS
O.C.G.A. § 16-12-171 (2008)
§ 16-12-171. Prohibited acts
(a)(1) It shall be unlawful for any person knowingly to:
(A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects to a minor;
(B) Purchase any cigarettes or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the purchaser; or
(C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects. (2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, tobacco products, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, tobacco products, or tobacco related objects are sold is 18 years of age or older.
(B) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom cigarettes or tobacco related objects are to be sold or otherwise furnished is actually 18 years of age or older, it shall be the duty of the person selling or otherwise furnishing such cigarettes or tobacco related objects to request to see and to be furnished with proper identification as provided for in subsection (b) of this Code section in order to verify the age of such person. The failure to make such request and verification in any case where the person to whom the cigarettes or tobacco related objects are sold or otherwise furnished is less than 18 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such cigarettes or tobacco related objects did so knowingly.
(3) Any person who violates this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any minor to:
(A) Purchase, attempt to purchase, or possess for personal use any cigarettes or tobacco related objects. This subparagraph shall not apply to possession of cigarettes or tobacco related objects by a minor when a parent or guardian of such minor gives the cigarettes or tobacco related objects to the minor and possession is in the home of the parent or guardian and such parent or guardian is present; or
(B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects.
(2) A minor who commits an offense provided for in paragraph (1) of this subsection may be punished as follows:
(A) By requiring the performance of community service not exceeding 20 hours;
(B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion is offered without charge to the minor; or
(C) By a combination of the punishments described in subparagraphs (A) and (B) of this paragraph.
Chapter 16 – page 560 – Local Government and Citizenship
Bryan County was the 16th county formed in Georgia, from parts of Chatham county. It was named for Jonathan Bryan, a member of the King's Council who accompanied Oglethorpe and was an early critic of oppressive English rule
What are counties?
Counties are subdivisions of the state set up to carry out certain governmental functions
What sets up county powers?
The state constitution sets up county powers
What does the state constitution require of all counties?
The state constitution requires that all county governments be uniform (organized the same way)
What can the General Assembly do with certain county positions?
The General Assembly may establish commissioners of roads and revenues, consolidate the offices of tax receiver and collector into the office of tax commissioner and abolish the office of treasurer.
Who heads most county governments in Georgia?
Most county governments are headed by elected BOARDS OF COMMISSIONERS
How are commissioners chosen?
The commissioners are elected by the voters for four year staggered terms
What do they have the authority to do?
They have the authority to establish county policies, adopt county ordinances, establish the county budget, establish tax rates and provide services for the citizens of the county
What is the job of the county administrator?
The county administrator, appointed by the board of commissioners, serves as the chief administrative officer.
The county administrator manages the day to day operations of the county and implements county policies
How is the person for this job determined?
Appointed by the board of commissioners
What is a “county seat”?
The city or town where the county government is located
Where is the “county seat” of Bryan County?
County Profile Incorporated: December 19, 1793 Population: 23,417 Total Area: 441.8 Square miles Cities and Towns • Pembroke (County Seat) • Ellabelle •
Groveland • Hardwicke • Keller • Lanier • Richmond Hill
How are services shared in some counties?
Fire Police – Chatham County city and county
police merger Other Capital Outlay Projects - Public
Safety OTHER PRECONSTRUCTION 2003-2008 $17,300,000 Allocate funds to fire departments for capital projects, for the County/City Police Merger and for the County Courthouse
Parks/Recreation
How are members of the board of education determined?
Elected by popular vote Board then elects school superintendent Does this vary from county to county?
What elected officials are typical of a Georgia county government?
Commissioners, clerk of the superior court, judge of the probate court, tax commissioner, sheriff, coroner
Most county officials are appointed rather than elected
What are examples of appointed county officials?
County clerks, attorneys, tax assessors, emergency management services directors, fire chiefs, planning and building inspectors, registrars, road supervisors, animal control officers, surveyors, environmentalists
Checkpoints
What is the maximum number of counties allowed by Georgia law?
159
How many counties were established in Georgia by the first state constitution?
8
Name at least six services counties provide to Georgia citizens.
School, fire, police, court, animal control…
What is the major source of revenue for local government?
TAXES
What are the three types of property taxes?
Real property taxes on immovable property such as land and buildings
Personal property taxes such as movable items: automobiles, boats, warehoused merchandise, business machinery
Intangible property taxes such as bonds, stocks
What is a MUNICIPALITY?
A municipality is a city with its own government
What was Georgia’s first city?
Georgia’s first city was SAVANNAH, founded in 1733 by James Oglethorpe. Augusta was the state’s second city.
Because of its Spanish heritage, St. Mary’s claims to be the second oldest city in the United States, after St. Augustine
When does a city exist as a political unit?
A city exists as a political unit when it receives a charter from the state legislature
What are the requirements?
1. It must have at least 200 residents 2. It must be located at least three miles
from the boundaries of the nearest city 3. It must have 60 percent of its land
divided into tracts or being used for residential, business, industrial, or governmental purposes
What is a charter?
Charter is what authorizes a city to provide servies
What are the most common forms of city government?
The most common forms of city government are the mayor council form, the council manager form and the commission form
Describe the mayor-council form of government.
In the mayor council form of government, the elected city council is responsible for making the laws.
An elected mayor acts as the city’s chief executive officer and is responsible for seeing that laws are carried out and city agencies do their jobs.
What is a “weak-mayor” system of a mayor council form of government?
In a weak mayor system, the city council has both legislative and executive powers. The mayor has limited powers and is primarily a figurehead.
What is a strong mayor system?
The mayor is a strong leader who proposes legislation, prepares the budged, appoints all department heads and has veto power.
Atlanta, for example, has a strong mayor system
What is a council-manager form of government?
In the council-manager form of government, the voters elect a city council that establishes laws and polices. There is a mayor that may be elected or named by the council. The council hires a city manager who is responsible for the day to day operation of the city.
Describe the type of government involved in a commission form of government.
In a commission form of government, the voters elect the commissioners. Each commissioner is the head of a department within the city government, such as finance, streets, public safety etc..
How can duplication of city and county services be avoided?
Mergers may occur to prevent duplication of services.
Example: Columbus and Muscogee County merged in 1971
Athens and Clarke County merged in 1991
Augusta and Richmond County merged in 1995
What are special purpose districts?
Special purpose districts are created for a single job or group of tasks
Most such districts govern themselves Examples: schools, airport,
park/recreation centers, MARTA
How is local government funded?
Local governments obtain money to provide services to citizens from a variety of sources including state and federal grants.
Majority of funds, however, come from local property taxes called AD VALOREM taxes
Property taxes are paid to local governments based upon the value of the piece of real property (Land, buildings etc…)or personal property (boats, cars, airplanes…).
What are user fees?
User fees paid by citizens for services such as garbage collection, recycling, waste disposal, water and sewage, parking, use of libraries or recreational facilities
What is a general local option sales tax?
Countywide sales tax that is added onto and collected at the same time as the required sales taxes
SPLOST
Special purpose local option sales tax – voters agree to support over a five year period in order to finance specific local improvement projects such as public facilities, roads and bridges.
How do some governments seek permission to raise money for public interest projects?
May approve bond issues – in which some level of government asks permission to raise money for a public project. For example, some schools, libraries, and hospitals have been built with bond issue. The money raised from bond issues must be repaid with interest.
