Unit 12 Juvenile SystemSS8CG4 The student will analyze the role of the judicial branch in Georgia state government. a. Explain the structure of the court system in Georgia, to

include trial and appellate procedures, and how judges are selected.

b. Explain the difference between criminal law and civil law.c. Describe the history of the juvenile court.d. Compare the juvenile justice system to the adult justice

system, emphasizing the different jurisdictions, terminology, and steps in the criminal justice process.

e. Describe the rights of juveniles when taken into custody.f. Describe ways to avoid trouble and settle disputes

peacefully.

Unit 10 Juvenile SystemSS8CG6 The student will explain how the Georgia court

system treats juvenile offenders. a. Explain the difference between delinquent behavior

and unruly behavior and the consequences of each.b. Describe the rights of juveniles when taken into custody.c. Describe the juvenile justice system, emphasizing

the different jurisdictions, terminology, and steps in the juvenile justice process.

d. Explain the seven delinquent behaviors that can subject juvenile offenders to the adult criminal justice process, how the decision to transfer to adult court is made, and the possible consequences.

Explain the structure of the court system in GA,to include trial and appellate procedures, and how judges are selected.• Ct System falls under the Judicial Branch of Gov’t.

ADULT JUSTICE SYSTEM:• You have the GA State Ct and Federal Ct in U.S.• Trial Ct- a person is charged of a crime and attends a

trial to determine if GUILTY or INNOCENT. Also hears Civil Cases. Judges are appointed- http://www.hrc.org/justice/state_courts/HwStCrtJdgSltd.htm

• 2 types of Trials: Jury or Bench. (2 types of Jury trials)a.Grand Jury- determines whether or not persons accused

of crimes should be indicted (officially charged) and required to stand trial.

b.Jury Trial- a group of citizens who are charged with judging a person charged with a crime. (deciding if guilty or innocent)

Bench Trial- Judge decides if you are guilty or innocent.

Explain the structure of the court system in GA,to include trial and appellate procedures, and how

judges are selected.• Trial Cts in GA:• 188 Superior Cts in 49 circuits (regions)• 70 State Cts• 159 Probate Cts• 159 Juvenile Cts• 159 Magistrate Cts• Over 400 Municipal Cts (City)Supreme Ct- highest Ct in GA- 7 judges-elected-6yr termProbate Ct- Ct handles wills and estates of deceasedPersons-judges elected.Juvenile Ct- hears cases of persons under the age of 17-

judges are appointed by Superior Ct. Judges.Magistrate Ct- hears civil cases involving sums under$1500.00- judges elected.

Explain the structure of the court system in GA,to include trial and appellate procedures, and how judges are selected.• REMEMBER: Just because you are arrested doesn’tmean you are guilty and just because the verdict (finaldecision) is innocent, you can still be guilty of crime. -Appellate procedures:Court of Appeals (2nd highest ranking Ct): After the verdict is Guilty, a person has the right to anAppellate Trial or also called an Appeal. This is when theattorney writes to the Appellate Court to hear the case-

likea second chance in Ct. Only hears cases from lower court-12 judges serve on this court and they elect one of them to serve as the Chief Justice. Judges areelected to a 6 yr term.

Explain the difference between criminal law and civil law.

1. Criminal Law: when an act is ILLEGALa.Felony- serious crime such as murder, burglary, punishable by a year or more in prison , a fine of at

least $1,000, or both. b. Misdemeanor- is a less serious crime punishable by

less than a year in prison, a fine or less than $1,000, or

both. Ex: stealing a shirt, stealing gas etc…2. Civil Law: are personal-they do not affect society.

Ex: property rights, contracts, marriage, divorce, child

custody, inheritance. Plaintiff- person or group that files the lawsuitDefendant- person or group that the lawsuit is brought against.

Describe ways to avoid trouble and settle disputes peacefully.

1. Mediation- 3rd party meets with 2 opposing sides and they come to a compromise

2. Arbitration- opposing sides designate a neutral 3rd party called an arbitrator agree to accept the arbitrator’s solution to the disagreement.

3. Compromise-each of the opposing parties gives up something in order to settle the dispute.

Describe ways to avoid trouble and settle disputes peacefully.

4. Negotiation- process of discussing an issue with the intention of resolving it. Often used in real estate or selling a vehicle.

5. Collaboration- opposing parties work together to identify common ground or objectives. Also takes place in writing of books or songs.

6. Non-Violence-seeking chance that specifically rejects violence. Rev. MLK used non-violence in the Civil Rts. Movement.

Describe the history of the Juvenile Court• 1906, the GA General Assembly passed a

law establishing a special Ct. for Juveniles. In 1911, Fulton Co. became the 1st county in GA to set up a Juvenile Ct.

• Today every county in GA has one- 159. The

Judges are appointed to that position bySuperior Court Judges. JV Cts had 3 main purposes:1.To help & protect the well-being of

children2.Make sure that any child coming under

the jurisdiction of the Ct receives the care,

Describe the history of the Juvenile Courtguidance, and control needed3. To provide care for children who have been

removed from their homes.

GA JV Cts have jurisdiction over the following:

1.JV’s who commit traffic offenses2.Delinquent JV’s 3.Unruly JV’s4.JV’s under the supervision or probation of

the Ct.5.Deprived JV’s, children under 18 yrs old, who

are neglected or abused by parents or guardians or those who have no parents or legal guardians

Describe the history of the Juvenile Court

6. Cases involving children who need mental health services

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

Explain the difference between delinquent behavior and unruly behavior and the consequences of each.• JV’s MUST follow the same local, state,

and federal laws that all other citizens follow.

• JV’s have special status under the law, and they must follow some laws that DO NOT apply to adults. Ex: JV’s attend school until 16 yrs old, can’t run away from home, can’t possess alcoholic beverages or tobacco until ages 21 and 18.

Explain the difference between delinquent behavior and unruly behavior and the

consequences of each

Delinquent Act- act that would be considered a crime is committed by an adult. Ex: Burglary and car theft.

Status Offense- act that would NOT be considered a crime if committed by an adult. Ex: Running away from home, repeatedly truant from school.

Describe the rights of juveniles when taken into custody.

• When JV’s commit a Delinquent Act or a Status Offense and are captured by law enforcement, they are said to be “taken into custody” rather than “under arrest.”

• JV’s handled under the JV system have the same basic legal rights that other citizen have. These rights are set out in Amendments 1,4 and 5 of the U.S. Const. JV’s have the rt to have their cases decided quickly, just as adults have the rt to a speedy trial. JV cases, however, are decided by a JUDGE, not a Jury.

Describe the rights of juveniles when taken into custody.

• JV Ct proceedings can result in the loss of liberty. • JV’s have all of the rts to a fair trial. 1. JV must be notified of the charges against them.2. JV is protected against self-incrimination3. JV has rt to an attorney4. JV has rt to confront and to question witnesses

against them.5. JV has the rt to present a defense, to introduce

evidence, and to testify on his or her own behalf. 6. JV has the rt to have a parent or a guardian present

in all hearings.7. If a child’s parents or guardian can’t afford a lawyer,

the court must appoint an attorney to represent the child.

Describe the juvenile justice system, emphasizing the different jurisdictions, terminology, and steps

in the juvenile justice process

• 1st step- Intake:• JV is taken into custody- they are turned

over to a JV ct intake officer who investigates the case. Intake Officer will decide if there is enough evidence to support the charges against the JV. If there is not enough evidence, the intake officer must release the JV.

• If there is enough evidence to think the JV may be guilty of the charges, the intake officer may:

Steps in JV Process

1. Release the JV into custody of their parents or legal guardian

2. Detain the JV and are housed in one of the state’s Regional Youth Detention Centers.

Steps in JV Process• 2nd step- detention:• If the juvenile is detained, a probable cause

hearing before the juvenile judge must be held within 72 hrs.

• Judge has 3 options:1. Dismiss the case2. Have an Informal adjustment3. Have a formal hearingGenerally, an informal adjustment is held for1st offenders. The juvenile and their guardian

mustagree to the informal adjustment, and the

Steps in JV Processyoung person must admit the wrongdoing.

Thejuvenile is under the supervision of the

court for at least 90 days. While under the court’s supervision, the juvenile might be required to attend school regularly or participate in counseling programs. The juvenile may also be required to pay for any damages caused or to complete community service requirements.

Steps in JV Process• 3rd step- Formal Hearing:- if an informal

adjustment is not held. • First the complaining witness files a petition

outlining the wrongdoing. Once the petition is signed, a date is set for the formal hearing and a summons issued. The summons requires the juvenile, guardian, and those involved in the charges to attend the hearing.

-1st part of a 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. After listening to all the evidence, the judge decides

Steps in JV Processwhether or not the child is guilty of

committing a delinquent act. If found not guilty, the

juvenile is released. If found guilty, the court schedules

a second hearing. -2nd part of the formal hearing is called the dispositional hearing. In this part, the

judge determines the punishment for the offense. At this hearing, both the prosecutor and the defense can call witnesses and present evidence that might influence the judge’s sentence.

Steps in JV Process

• 4th step- Sentencing:• The judge may select from a number of options. The

judge may:1.Release the jvenile to the custody of guardian with no court supervision.2. Place the juvenile on probation3. Place juvenile in a youth development center for up

to 90 days4. Commit the juvenile to the Dept. of juvenile Justice5. Send the juvenile to Boot Camp6. Assign other punishments (such as restitution and

fines) and special conditions of probation (such as mandatory school attendance, community service, counseling, suspension, or prohibition of Driver’s License)

Steps in JV Process

• Final step- Appeal • Juvenile has the right to appeal their

case. The court has the right to extend its custody or supervision of the juvenile for up to 5 yrs.

Explain the seven delinquent behaviors that can subject juvenile offenders to the adult criminal justice process, how the

decision to transfer to adult court is made, and the possible consequences.

7 Deadly SINSIn 1994- GA legislature addressed the issue

of increasingly violent youth crimes. It passed an amendment to the GA JV Code (SB 440) that permits youths ages 13- 17 yrs old who are charged with certain violent crimes to be treated as though they were adults. These young offenders fall under the jurisdiction of the superior court and are treated as ADULT criminals.

7 Deadly SINS• The Superior Ct has original jurisdiction over

JV’s charged with serious crimes. The 7 violent offenses, known as the “7 Deadly Sins,” are:

1.Murder2.Rape3.Armed Robbery with a Firearm (gun)4.Aggravated child molestation5.Aggravated Sodomy6.Aggravated Sexual Battery 7.Voluntary Manslaughter*Aggravated enhances (makes worse) the

crime

7 Deadly SINS• Just because a youth has been arrested

for 1 of the “7 Deadly Sins” does not mean they will be tried in the adult system. Before an indictment, the Superior Ct determines in which court the case will be heard. If convicted in Superior Ct., the JV serves a mandatory 10-yr sentence without the possibility of parole.

Brain Pop- Trials

• http://www.brainpop.com/socialstudies/usgovernmentandlaw/trials/

Brain pop- Court System

• http://www.brainpop.com/socialstudies/usgovernmentandlaw/courtsystem/