What You Should Know About the Law and……
What do we call the person charge with a crime? Who tries to prove the case? Who helps defendant? Who is in charge in the courtroom? Who decides guilt of innocence? How many jurors? How many needed for verdict? What is the standard of proof?
What is a crime? illegal act couple with intent to commit that act Determined by state and federal code of laws What is a party to a crime? Anyone who causes, aids, abets, advises, encourages, hires, counsels, or procures another to commit a crime Treated as if you committed the crime What is the difference between federal court vs. state court? What is the difference between jail and prison? What is the difference between probation and parole? What is the difference between juvenile court and superior court? How old do you have to be to be an adult?
Private attorney vs. Public Defender
Which country in the world has the most prisoners? United States (AJC) 1,605,127 as of 2011 (Pew research)- 2.3 million if you count people in local jails More than one out of 100 adults- 7 times that of Canada Russia is second
Mostly men or women? 93% men How about by race? 32% white, 38% AA, 22% Hispanic, 8% other AA make up 12% of US population
60,000 prison inmates (another 150,000 on probation)- one out of every 70 adults What number in United States? Seven out of fifty states, who is number one? Louisiana Racial Disparities Georgia population 29% AA, what % of prison population? 64% (Gibbs magazine) Economic effects How much to keep someone in prison per day? $46 (also, $4.43 a day to monitor someone on probation) 1 out of every 17 Georgia dollars goes to our prison system Georgia Criminal Justice Reform Act
Effects on the victim and the community Prison time Effect on children and other family member Ability to get a job Effect on marriage and relationships Mental health effects Physical health effects Economic effects on prisoner Economic effects on society Label on the prisoner even after release (transition)
Taking property of another from person or immediate presence of another by use of an offensive weapon, replica, or device having the appearance of an offensive weapons Gun? Fake gun? Water pistol? Knife? Hammer? Bat? Mase? 5 guys in a car What needs to be taken? Shoes? $1 bill? Candy? Sentencing? or life, no parole How old does the Defendant have to be? GA SB 440 (1994)- Juvenile Justice Reform Act Children charged as adults for armed robbery (with a gun), murder, voluntary manslaughter, rape, aggravated child molestation, kidnapping, aggravated sexual battery Sentence as adult
Engaging in sexual intercourse with person under 16 years of age Sentencing Defendant under 21….1-20 years Defendant over 21… years, 10 years must be served Who has heard of Genarlow Wilson? Victim 14-16, Defendant under 18, no more than 4 year difference……Misdemeanor Sex Offender Registry Act of sodomy or sexual battery- minimum 25 years What if person consented? What if person said that they were 17? What if everyone is drunk? What if no “sex”?
Entering the dwelling house of another, or any building or other structure, or remaining therein, without authority with intent to commit a crime (OCGA ) Penalty? 1-20 years; Increases as more on record Go in, look around, and don’t take anything? Invited at first, and then stay? Just a garage? Don’t go into the house?
2 types Malice- killing someone in cold blood Felony- causing the death of another while committing a felony Do not need to have meant to kill anyone Must be reasonable that felony could lead to death Penalty? life with parole, life without parole, death (OCGA ) Burglary scenario Store clerk scenario Stolen car scenario Speeding scenario Marijuana deal scenario
Stay out of trouble Stay busy!!!!! If approached by police Do not fight, be disrespectful, or give false information Right to remain silent Do not have to consent to searches Consult with an attorney Be good role models and great parents Educate yourselves about your rights SPREAD THE WORD!!!!!