Presentation on theme: "Georgia Studies Unit 8 – Judicial Branch in Georgia"— Presentation transcript:
1 Georgia Studies Unit 8 – Judicial Branch in Georgia Lesson 6 – Juvenile JusticeStudy Presentation
2 Lesson 6 – Juvenile Justice ESSENTIAL QUESTIONHow are juveniles treated differently under Georgia’s judicial system?This is an essential question for this section of the chapter.
3 Juvenile Justice System GA in 1906 passed a law establishing juvenile courts1911 Fulton County set up the 1st juvenile courtJuveniles – citizens under the age of 17Delinquent Act – an act that would be considered a crime if committed by adultStatus offense – act that would not be a crime if committed by adultTruancy – failure to attend school
4 The Purpose of the Juvenile System Help and protect the well being of childrenTo make sure that any child coming under the jurisdiction of the court receives the care guidance, and control neededTo provide care for children who have been removed from their homesJuveniles are taken into custody
5 Juvenile Court’s Jurisdiction Traffic OffensesDelinquent JuvenilesUnruly Juveniles – those who commit status offenses (running away, truancy)Juveniles under probationDeprived Juveniles – children who are neglected or abusedChildren needing mental health servicesJudicial consent for marriage, employment, etc. of a juvenile
6 Juvenile JusticeJuvenile – Any person, in the state of GA, under the age of 17.Unruly Behavior – Is considered a status offense when committed by children (would not be a crime if committed by an adult). Examples of unruly behavior:Child refusing to go to school (Truancy).Child habitually disobeys parents or caregivers.Child runs away from home.Loitering (child roams the streets or “hanging out”) between midnight and 5 A.M.Disobeying supervision terms after previous finding of unruly (told to not do something and you do it).Going to bar without parent.Underage possession of alcohol/tobacco.HB 242 – In 2013, House Bill 242 changed the terminology for juvenile offenders from Unruly Behavior to “Children in Need of Supervision” or CHINS Behavior.A child showing unruly behavior may be given treatment (if offense involves alcohol or drugs) and may be committed to a place of detention ran by GA’s Department of Juvenile Justice.
7 Juvenile JusticeDelinquent Behavior – When a child commits a crime it is considered delinquent behavior. A child who is less than 13 years old cannot be tried for a crime in GA. A child between 13 and 17 years old will be punished according to the law. This may include spending up to five years in a juvenile detention facility.Rights of Juvenile Offenders:Right to Notice of ChargesRight to a lawyer (Counsel)Right to Confront and cross-examine witnessesRight to No self-incriminationRight to written transcript of proceedingsRight to Appellate reviewRight to bailRight to proof beyond reasonable doubtRight to No “double jeopardy”
8 Juvenile Justice Process Children thought to be delinquent are taken into custody (Intake) and their parents are notified. Children may then be released to the parents or detained (held) at a Regional Youth Detention Center or in a community shelter or foster home.The next step is a Probable Cause Hearing. A judge looks over the case to determine whether the children should be released or detained further.The next step is a Adjudicatory Hearing (equivalent of adult trial). A judge decides whether the charges are true or not. If the judge decides the charges are untrue the case can be dismissed.The next step is a Dispositional Hearing (equivalent of adult sentencing). At this hearing the judge decides the course of treatment, supervision, or rehabilitation that the delinquent, unruly, or deprived child should undergo. The judge may decide that probation if necessary. In some serious cases the judge may transfer the case to a superior court where the child will be tried as an adult.The different courts each have their own job and jurisdictions.
9 Juvenile Justice System Age/Nature of Offense0-1213-1415-161718+Status offenseJN/ATraffic offenseADelinquent act which would not be a felony for adultDelinquent act which would be felony for adultJ but can be transferred to ADelinquent act/crime which is (a) punishable by death or life imprisonment or (b) aggravated battery resulting in serious bodily injury to victim, but which is not a deadly sinDeadly sin
10 Difference in Terminology AdultJuvenileCrimeOffenseArrestTaken into custodyTrialAdjudicatory HearingConvictionAdjudicationSentenceDisposition=====
11 Seven Deadly Sins ActPassed in 1994 youths charged with certain violent crimes could be tried as adultsThey would fall under the jurisdiction of the superior courtSome of the crimes are murder, rape, and armed robbery with a firearm.
12 The Seven Delinquent Behaviors Seven Delinquent Behaviors – Behaviors that are automatically outside the jurisdiction of juvenile court (transferred to Superior Court, where the juvenile will be prosecuted as an adult). Children between the ages of 13 and 17 who are thought to have committed any of these crimes will be tried as an adult:MurderVoluntary ManslaughterArmed Robbery with a firearmRapeAggravated SodomyAggravated Sexual BatteryAggravated Child Molestation
13 Murder Committed with Malice Thought about ahead of time, express or impliedLife in prison for juvenile – probation after 30 years
14 Voluntary Manslaughter Causes DeathThe result of a sudden, violent, and irresistible passion.Resulting from serious provocation
15 Armed Robbery with a firearm People are robbed. Houses are BurglarizedPerson has to be present, Gun has to be real.Life in prison
16 Sexual Crimes Consequences Life in prison without paroleLife in prison with possibility of parole after 25 or 30 years.Register as a sex offender