1. Judicial Branch of the Georgia State Government

2. SS8CGC4 The student will analyze the role of the judicial branch in Georgia state government.

3. GPS SS8CG 4
a. 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 Georgia
Protect 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

6. Structure of Georgia’s Justice System

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 laws
Reviews all death penalty cases in the state of Georgia
Judges and Qualifications
Seven 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 election
Serve 6-year terms
Justices 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 courts
Judges and Qualifications
12 justices
Lawyer for seven years
Selection of Judges and Terms
Elected by voters in state-wide nonpartisan election
Serve six-year terms
Justices select the chief justice

10. Superior Courts Jurisdiction
Mainly handles felony criminal cases or major civil cases (i.e. divorce)
Jury Trial
County election laws
Judges and Qualifications
193 judges
Lawyer for seven years and 30 years old
Selection of Judges and terms
Voter within circuit select in nonpartisan election
4-year terms

11. State Trial Courts Jurisdiction 71 county-level courts Jury trials
Hears original misdemeanor and traffic violation cases
Judges and Qualifications
193 judges
Lawyer for seven years and 30 years old
Selection of Judges and Terms
Nonpartisan elections within county
4-year terms

12. Juvenile Courts Jurisdiction
Hears cases involving youths who are 17 years old and younger (unruly or delinquent)
Non-jury
Judges and Qualifications
120 judges
Lawyers for five years and 30 years old
Selection of Judges
Appointed by Superior Court judge
4-year terms

13. Probate Courts Jurisdiction 159 county courts
Hears cases involving wills, estates, guardian rights, and marriage licenses
Jury Trials
Judges and Qualifications
159 judges
Must be high school grad. and 25 years old
Lawyer for seven years in larger counties
Selection of Judges and Terms
Partisan election within county
4-year terms

14. Magistrate Court Jurisdiction 159 county courts
Hears civil cases under $15,000 (“People’s Court”)
Non-jury
Issues arrest and search warrants
Judges and Qualifications
159 chief magistrates and 354 magistrates
Must be high school grads. And 25 years old
Selection of Judges and terms
Most Chief magistrates elected in county-wide election
4-year terms
Other 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 handle
a.) State Supreme Court b.) Court of Appeals c.) State Trial Courts
d.) Juvenile Court e.) Probate Court f.) Magistrate Court
g.) Grand Jury h.) Trial Jury i.) Superior Court
Determine 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 guilty
3. 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. probation
3. fines
4. restitution to victims
**protection of cruel and unusual punishment (8th amendment)