2 Juvenile JusticeIn each scenario, decide whether the person should be tried as a juvenile or transferred to criminal court and tried as an adult. Explain the reasons for your decisions.
3 ScenariosEric, age 15, is accused of robbing an 86-year-old woman at gunpoint. Eric, who has a long juvenile record including acts of burglary, brags about the robbery.Marcia, age 17, is accused of killing a pedestrian while driving a stolen car. She has never been in trouble before, is remorseful about the killing, and claims that she planned to return the car after the short joyride.
4 Juvenile Justice Notes Georgia’s juvenile justice system has jurisdiction over childrenIn Georgia, a person is considered to be a child if they are 17 years old or lessIn addition, someone who is 18 and deprived (child without supervision of parents or other caregiver) is also considered a childIn 1966, the Supreme Court ruled that juvenile have the same rights in the court system as adultsThe one exception is that juveniles (being tried as such) do not have the right to a jury trial – to protect privacy
5 Juvenile JusticeUnruly behavior is also considered a status offense. This means this behavior would not be criminal if committed by an adult.Sometimes status offenses are handled by offering appropriate adult supervision, or with drug or alcohol treatment (if necessary)If the court decides unruly behavior is serious, the child may be committed to a juvenile justice detention centerChildren may be sentenced to up to two years time
6 Juvenile Justice – Unruly Behavior Juvenile courts in GA consider the following to constitute unruly behavior :The child frequently refuses to go to schoolThe child frequently disobeys parents/caregiversThe child runs away from homeThe child roams about on the streets between midnight and 5 a.m.The child goes to a bar without his or her parents/caregivers, and/or is caught with alcoholic drinks in hand
7 Juvenile Justice-Delinquent Behavior Juvenile Courts may also decide a child shows delinquent behavior (committing a crime)A child who is under 13 cannot be tried for a crime in GeorgiaChildren 13 to 17 will be punished according to the lawThis can include up to 5 years in a detention facility
8 Juvenile Rights while in Custody Right to have a lawyerRight to cross-examine witnessesRight to provide evidence to support own caseRight to provide witnesses to support own caseRight to remain silentRight to appealRight to a transcript of the trial
14 The Seven Delinquent Behaviors These behaviors lead juveniles directly to adult court: (Superior Court will handle)Aggravated child molestationAggravated sexual batterySerious sexual crimesMurderRapeVoluntary manslaughterArmed robbery with a firearmThese crimes are punishable with harsh punishments, i.e., prison