The Juvenile Justice System in Georgia
SS8CG6 the student will explain how the Georgia court system treats juvenile offenders.
SS8CG6a Explain the difference between delinquent behavior and unruly behavior and the consequences of each. SS8CG6b Describe the rights of juveniles when taken into custody. SS8CG6c Describe the juvenile justice system, emphasizing the different jurisdictions, terminology, and steps in the juvenile justice process. SS8CG6d Explain the seven delinquent behaviors that can subject juvenile offenders to the adult criminal justice process, how the decision to transfer to adult court is made, and the possible consequences.
1. A juvenile is someone who is 17 years of age and younger.
2. The Department of Juvenile Justice was established in 1992 with the sole purpose of a. protecting our communities b holding youth offenders accountable for their actions.
Youth have certain restrictions that do not apply to adults:
a. attend school until 16. b. obey the rules of their parent's or caregiver. c. Not run away from home. d. follow night curfews e. enter bars without parent/guardians permission or drink.
4. According to the laws of Georgia, a youth violating any of these expectations
would be considered unruly behaviors or status offenses. A delinquent act is when a juvenile commits a crime that would be punishable for an adult as well.
6. Both types of actions could result in
a. probation b. enrollment in community treatment programs. c. commitment to detention facility for two to five years.
7. Youth, however, have rights, which are:
Right to a lawyer Right to cross-examine witnesses Right to provide witnesses and evidence Right to remain silent Right to appeal Right to transcript of trial
Steps in the Juvenile Justice Process
Arrest or custody **Miranda Rights **Parents or guardians notified **Release or detained
2. Probable Cause Hearing
**within 48 hours within taken into custody **notified of charges, attorney **judge decides whether youth is to be released or detained.
3. Adjudicatory Hearing **ten days of less for detained youth, 60 days or less for released youth **evidence is present by both sides **no jury **judge decides guilty or not
**judges decides on decides on punishment and consequences **usually immediately after adjudicatory hearing **if serious felonies, may transfer case to Superior Court to be tried as an adult
The “Seven Deadly Sins” may result in a youth (between 13 and 17) being tried as an adult He or she will have their case tried not in juvenile court but in Superior Court, and carry the same punishment as an adult. Aggravated child molestation Aggravated sexual battery Aggravated sodomy Murder Voluntary Manslaughter Rape Armed robbery with a Firearm
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