Presentation on theme: "Steps in the Adult Criminal Justice Process"— Presentation transcript:
1 Steps in the Adult Criminal Justice Process criminal actInvestigation (if no evidence, no arrest)ArrestInitial appearance (Person is notified of charges, attorney, bail)Preliminary hearing (must be within 48 hrs if no warrant, 72 hrs with warrant; must present evidence)Misdemeanor- judge sets date for trial, felony- grand jury will decide if enough evidence to indictArraignment (plead guilty or not guilty) if guilty skip to sentencing
2 Steps in the Adult Criminal Justice Process Trial (right to: jury, attorney, be silent so as not to incriminate self, call witnesses, confront witnesses, public trial, innocent until proven guilty)guilty or not guilty determined by juryPresentence hearing (judge determines sentence except only a jury can impose a death sentenceSentence (can include imprisonment, fines, probation, restitution)After imprisonment, parole, probation
3 Juvenile Justice System EQ: How does the juvenile justice system operate?
4 Steps in the juvenile criminal process Juvenile is taken into custody (NOT arrested)Intake – juvenile is brought to an Intake Officer who decides if there is enough evidence to make a charge against themRelease OR DetainRelease if not enough evidenceDetention in a youth detention center or adult prison depending on the crimeIf detained, there must be a probable cause hearing within 72 hours
5 Steps in the juvenile criminal process Informal adjustment: The judge may dismiss (if 1st time offender), juvenile must admit guilt to the judge and is under the supervision of the courts for 90 daysAdjudicatory Hearing: The judge decides guilty or not guilty. Juries do not hear juvenile cases. (an adjudicatory hearing is like an adult trial, adjudication is like an adult sentence)Disposition Hearing: the judge hears witnesses and determines the punishment for the juvenile.
6 Steps in the juvenile criminal process Sentencing: The judge rules on the punishmentOptions:release to parents, probationYouth Detention Center (YDC)boot camprestitutionfinesother (such as mandatory school attendance, counseling, community service, lose license)Appeal: the juvenile can appeal the ruling if there is evidence to prove they were innocent
7 History1906Georgia General Assembly passed a law creating a juvenile court.1911Fulton County was first to set one up.PurposeTo protect the well-being of childrenTo make sure that children entering the jurisdiction of the court receive the care, guidance, and control neededto provide care for children who have been removed from their homes.
8 Terms Juvenile Person under 17 Status offense Offenses that would NOT be crimes if committed by adultsUnruly juvenilea juvenile who commits a status offenseDeprived juvenilea juvenile that is abused or neglected, or who does not have parents (may be cared for until age 18)Delinquent juvenilea juvenile who commit acts that would be crimes if committed by adults (age 17 considered adult)Any delinquent act (age 13-16) can go to adult court!
9 Examples of status offenses TruancyFailure to attend school between the ages of 6-16Running away from homeCurfew violationsAlcoholTobaccoDisobeying parents
10 How Judges are Selected Juvenile CourtCourtHow Judges are SelectedNumber of CourtsJurisdictionResponsibilitiesJuvenile(no jury)~ Appointed by superior court judges~ 4 year termsMust be 30 years old, practiced law 5 years, lived in GA 3 years(may be full or part-time)159Original for delinquents under 17 or deprived under 18(Concurrent with superior in some cases)~ delinquent &unruly offensesby children~ deprived &neglectedchildren~ minors seekingpermission tomarry orjoin military~traffic violations (minors)
11 Comparison to adult system Crime = OffenseArrest = Taken into custodyTrial = Adjudicatory hearingConviction = AdjudicationSentence = Disposition
12 Juvenile Justice Reform Act (7 Deadly Sins Act) law that permits juveniles charged with certain violent crimes to be tried as adults in Superior Court (age instantly in the adult system)If found guilty, juveniles are housed in the juvenile section within the adult prison or at the YDC until their 17th birthday; then they move into the general adult populationThere are some offenses where the juvenile court can determine if a child should be charged as a juvenile or an adult (Ex. Age 15 charged with delinquent act)
13 7 delinquent behaviors that result in juveniles tried as adults Murder (life imprisonment under 17)rape (life imprisonment with/without parole, 25 years +probation; register as sex offender for life- $250 fee)armed robbery with a firearm (life imprisonment or years; at least 15 if robbing to get drugs)voluntary manslaughter (1-20 years imprisonment)aggravated child molestation (life imprisonment or 25+probation; register as sex offender)aggravated sexual battery (life imprisonment or 25+probation and must register a sex offender)aggravated sodomy (life imprisonment with possibility of parole or 25+probation)
14 Juvenile Rights when taken into custody quick and fair trial (hearing)notification of chargesremain silent -do not have to testify against themselvesan attorneymay confront and question witnesses, present a defense, introduce evidence, testify on their own behalfmay have a parent or guardian present before they can be questionedRight to have parents contacted immediatelyRight not to have names or photographs made publicTwo phone calls (parent and attorney)No jury (not a public trial)Not placed with adult offenders (until 17th birthday)