Georgia’s SS8CG4 and SS8CG6

SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia court system treats juvenile offenders. Like the U.S. Constitution, the GA Constitution provides for a separation of powers (SS8CG4a): Today we will look at the JUDICIAL branch

SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia court system treats juvenile offenders. GA’s Court System is divided into two levels: appellate courts and trial courts. Let’s first examine APPELLATE courts… Appellate Courts – handle appeals from lower courts Supreme Court of Georgia – highest court in the state; has seven members (six Justices and a Chief Justice); there is no jury Court of Appeals – twelve judges working in three man panels to hear appeals; no jury

Georgia’s Court System is divided into two levels, appellate courts and trial courts. Now let’s examine TRIAL courts… Trial Courts – lower courts with the original right, power, or authority to interpret and apply the law Superior Courts – can hear almost any civil or criminal case; consists of a judge and a jury State Courts – hold jurisdiction over misdemeanor violations and civil cases; consists of judge and jury Fulton Co. Superior Court Ware County State Court SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia court system treats juvenile offenders.

TRIAL Courts Continued…. SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia court system treats juvenile offenders. Juvenile Courts – jurisdiction over delinquent children under 17 years and deprived children under 18; no jury Probate Courts – handle administrative matters such as wills; may have a jury Magistrate Courts – handles small civil claims, bad checks, arrest warrants; no jury

How are Judges selected in Georgia? SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia court system treats juvenile offenders. Most judges in Georgia are elected Magistrate court judges may be elected or appointed by local legislatures Juvenile court judges are appointed by superior court judges

SS8CG4 – The student will analyze the role of the judicial branch in GA state government. SS8CG6 – The student will explain how the Georgia court system treats juvenile offenders. Civil vs. Criminal Law Civil cases are introduced by private parties seeking monetary damages Criminal cases are introduced by the government seeking punishment (fine, imprisonment, or death) In civil cases, the defendant may be forced to testify In criminal cases, the defendant has the right to defend himself or not to testify under the 5th Amendment In a civil case, the plaintiff only needs to show guilt of the other party by a “preponderance of the evidence” ” In a criminal case, the prosecutor must prove the defendant guilty “beyond a reasonable doubt” Criminal law deals with actions that harm people or society (e.g., DUI, murder, armed robbery, etc.) Civil law deals with private disputes (e.g., divorce, property ownership, contracts, personal injuries, etc.)

Key Players in Trials Defendant: This is the person who has been accused of a crime in a criminal court OR the person who is being sued by the plaintiff in a civil case. Plaintiff: This is the person who initiates, or starts, a lawsuit in a court. In a civil case, the plaintiff is suing someone else. In a criminal case, the District Attorney is the one “starting the case” against the defendant. Defense Attorney: This is a lawyer who represents a person accused of a crime. Their job is to try to prove the defendant is innocent of the charges against them. District Attorney: This person is a lawyer who represents the government in all criminal court cases. They argue for the laws of the state and are on the opposite sie of the person accused of the crime. Grand Jury: This group of people decide whether or not people accused of a crime should be indicted and made to stand trial for their actions. Trial Jury: This group of people are chosen and responsible for judging a person who has already been formally charged with a crime to determine guilt or innocence.

1.When an adult suspect is placed under arrest, he or she is taken into custody. 2.Authorities place the suspect in a holding cell and make an official record of the arrest called booking. 3.The suspect makes an initial appearance before a magistrate judge who explains the charges makes sure that the suspect is given due process. 4.Next is the preliminary hearing to determine if there is probable cause that the suspect committed the crime. 5.If the case is sent to a grand jury they determine whether an indictment (a formal accusation of a serious crime) will be made. 6.If indicted, the suspect has an arraignment before a superior court. The judge allows the suspect to enter a plea. 7.If a suspect pleads “not guilty,” a court date is set and a trial is conducted unless a plea bargain is made (suspect admits guilt immediately for a shorter sentence). Criminal Court: What is the process before a trial?

1.Trials begin with jury selection. 2.Once the jury is selected, prosecution and defense attorneys present opening statements to the jury. 3.Both sides present evidence and cross-examine witnesses 4.Closing statements (final arguments) are made to jury by the prosecution and the defense... 5.The jury deliberates (discusses and decides) and then delivers the verdict If the jury finds the suspect “GUILTY”... The judge is responsible for sentencing. HOWEVER……… If a suspect is found guilty, the defendant’s lawyer can file a motion for a new trial. The lawyer tells the appellate court why the case should be reviewed. The court can either overturn (reverse) or uphold (keep) the verdict. Criminal Court: What is the process during a trial?

Felony vs. Misdemeanor In a criminal case, the defendant is charged with either a felony or a misdemeanor by the state, represented by the District Attorney. Depending on the charges, there may be certain procedures that the court must follow. Felony: A very serious crime, such as murder or burglary. The punishment for this type of crime is more than one year in prison, a fine of at least $1,000 or both. Misdemeanor: A crime that is considered to be a less serious offense. It is punishable by less than one year in prison, a fine of less than $1,000 or both. An example in Georgia would be shoplifiting.

There are important differences between the way the justice system is applied to adults and that way it is applied to youth: –Purpose – The emphasis of adult court is on punishment, while the emphasis in juvenile court is on rehabilitation. –Jurisdiction – Juvenile Courts have jurisdiction (the right to rule) over cases involving children under 17 years old, or children under 18 who do not have a parent or guardian. –Terminology – Juveniles are “taken into custody” and adults are “arrested”; adults are found “guilty” and juveniles are found “delinquent”; etc. –Procedure – The adult and juvenile justice processes are different. Juvenile vs. Adult Justice

Juvenile vs. Adult Justice--PROCEDURE Minor is taken into custody Minor is taken to a juvenile detention center Minor is released or sent to a formal or informal hearing Minor is warned or given small punishment at an INFORMAL hearing Minor is charged at a FORMAL hearing Minor enters plea agreement or faces trial If found delinquent (guilty), the judge gives a deposition (sentence) Adult is arrested if probable cause exists Adult is committed to jail or released on bail Adult is given an arraignment where probable cause is reviewed, an attorney is appointed, and a plea is entered A court date is set and a trial is conducted If convicted (found guilty), the person is sentenced and the guilty verdict may be appealed Juvenile Adult

If charged with a crime and taken into custody, juveniles have rights similar to adults: The right to remain silent when questioned about an alleged crime The right to have an attorney present when questioned by the police The right to be represented by an attorney at trial Juvenile vs. Adult Justice—What rights do they have?

In the Juvenile System, Not All Crimes are Delinquent… Unruly behavior is behavior that is disorderly or disobedient, but not necessarily criminal (e.g., truancy, underage drinking, curfew violations, running away from home, etc.). May result in commitment to juvenile detention centers for up to two years (can be extended for a total of 4 years if necessary) Delinquent behavior is behavior in which a criminal act has been committed (e.g., theft or damage of property; illegal weapon possession; sale of illegal drugs, etc.) May result in commitment to juvenile detention centers for periods of months (but must be out by age 21)

The Seven Deadly Sins Act of 1994 There are seven crimes which, if committed by a juvenile between years old, may result in trial as an adult: Murder Voluntary Manslaughter Aggravated Sodomy Aggravated Child Molestation Aggravated Sexual Battery Rape Armed Robbery (if committed with a firearm) The term “aggravated” refers to crimes committed under the threat of serious or deadly force