2 SS8CGC4 The student will analyze the role of the judicial branch in Georgia state government.
3 GPS SS8CG 4a. Explain the structure of the court system in Georgia including trial and appellate procedures and how judges are selected.b. Explain the difference between criminal law and civil law.c. Describe the adult justice system, emphasizing the different jurisdictions, terminology, and steps in the criminal justice process.d. Describe ways to avoid trouble and settle disputes peacefully.
4 Georgia Judicial Branch This branch of government has a role to:a. Interpret the laws of the state of GeorgiaProtect the legal and civil rights of citizens through “due process.”Enforce the laws of the state in court
5 Terminology of the Justice System Criminal courts try violators of the law; civil courts handle arguments between citizens.Grand juries hear cases to determine if enough evidence is present to “officially charge” or indict the accused; Trial juries hear cases to judge whether the accused is guilty or not guilty (beyond a reasonable doubt)Trial courts handle the original criminal or civil cases; while Appellate courts hear cases that are appealed from lower-ranking courts
7 State Supreme Court Jurisdiction Georgia’s highest court (oversee all judges and lawyers in the state)An appellate court (reviews civil and criminal cases from trial courts and Court of Appeals)Reviews challenges to the constitutionality of state lawsReviews all death penalty cases in the state of GeorgiaJudges and QualificationsSeven justices (Leah Ward Sears--Chief Justice)Lawyer for seven years
8 State Supreme Court Selection of Judges and Terms Selected by voters in state-wide nonpartisan electionServe 6-year termsJustices select chief Justice
9 State Court of Appeals Jurisdiction An Appellate court by handling appeals concerning civil and trail cases from superior, state, and juvenile courtsJudges and Qualifications12 justicesLawyer for seven yearsSelection of Judges and TermsElected by voters in state-wide nonpartisan electionServe six-year termsJustices select the chief justice
10 Superior Courts Jurisdiction Mainly handles felony criminal cases or major civil cases (i.e. divorce)Jury TrialCounty election lawsJudges and Qualifications193 judgesLawyer for seven years and 30 years oldSelection of Judges and termsVoter within circuit select in nonpartisan election4-year terms
11 State Trial Courts Jurisdiction 71 county-level courts Jury trials Hears original misdemeanor and traffic violation casesJudges and Qualifications193 judgesLawyer for seven years and 30 years oldSelection of Judges and TermsNonpartisan elections within county4-year terms
12 Juvenile Courts Jurisdiction Hears cases involving youths who are 17 years old and younger (unruly or delinquent)Non-juryJudges and Qualifications120 judgesLawyers for five years and 30 years oldSelection of JudgesAppointed by Superior Court judge4-year terms
13 Probate Courts Jurisdiction 159 county courts Hears cases involving wills, estates, guardian rights, and marriage licensesJury TrialsJudges and Qualifications159 judgesMust be high school grad. and 25 years oldLawyer for seven years in larger countiesSelection of Judges and TermsPartisan election within county4-year terms
14 Magistrate Court Jurisdiction 159 county courts Hears civil cases under $15,000 (“People’s Court”)Non-juryIssues arrest and search warrantsJudges and Qualifications159 chief magistrates and 354 magistratesMust be high school grads. And 25 years oldSelection of Judges and termsMost Chief magistrates elected in county-wide election4-year termsOther magistrates appointed by chief magistrate
15 Whose case is it anyways? There are numerous trial and appellate courts within the state of Georgia. Each has their own duties and jurisdictions over who tries which case.Match the letter and court level or jury below to the appropriate scenario or court case that court would handlea.) State Supreme Court b.) Court of Appeals c.) State Trial Courtsd.) Juvenile Court e.) Probate Court f.) Magistrate Courtg.) Grand Jury h.) Trial Jury i.) Superior CourtDetermine whether or not there is enough evidence to “officially charge” or indict an individual with a crime. ___________Citizens challenge a law claiming it violates the civil rights of others. _______A 14 year old is charged with shoplifting.________Family members argue over who should inherit their deceased father’s house and property. ______An individual appeals a guilty verdict claiming their trial or jury was unfair. ________Neighbors argue over property damage of $5, ________The accused is charged and on trial for first degree murder. ________Reviews case where an individual has been found guilty of murder and sentenced to the death penalty. _______Oversees rules of ethics and personal conduct among lawyers and judges within the state of Georgia. _______An aunt and uncle wish to acquire official guardian rights for their niece or nephew. _______Accused is charged with petite theft. ________Youth is truant at school and ran away from home. ______The accused passed a number of “bad checks.” ______Hears the case of someone who is a first time DUI offender. _______Police want to obtain a warrant to search an individual’s house or business. _______A group of an individual’s peers judge whether he or she is guilty or not. _____
16 Steps in the Criminal Justice Process #1 Arrest**warrants**Miranda Rights
17 #2 Initial Appearance**Must happen within 48 to 72 hours (prevent someone from being “forgotten in Jail”)**notified of charges**bail set**attorney appoint if defendant does not have one
18 #3 Preliminary Hearing **Prosecution presents evidence **in felony cases, a grand jury determines if there is enough evidence to “indict” defendant**or if nor enough, grand jury “acquits” the defendent
19 #4 Arraignment **defendant pleads: 1. guilty (skips trial) 2. not guilty3. nolo centendre “No contest” (guilty gharge does not go on record, but defendant serves a sentence)**plea bargain occurs
20 #5 Trial **Several rights are: 1. trial by jury (6th amendment) 2. right to attorney, not to incriminate self, and present evidence (5th amendment)3. right to public trial and confront accusers (7th amendment)**burden of proof on persecution**right to appeal case
21 #6 Presentence Hearing**hearing to determine the sentence the accused will received**court investigators, victims, and defense will present arguments
22 #7 Sentencing **Judge announces defendents punishment 1. imprisonment 2. probation3. fines4. restitution to victims**protection of cruel and unusual punishment (8th amendment)
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