SS8CG6

1. SS8CG6 Explain how the Georgia court system treats juvenile offenders.

2. Juvenile • A juvenile is a person not yet considered an adult. • In Georgia, you are classified as a juvenile if you are 17 or younger. • Juveniles must follow the same local, state, and federal laws that all other citizens must follow. • They must also follow some laws that do not apply to adults. • On any given day, over 2,500 children are locked up in Georgia…mostly for non-violent crimes.

3. Delinquent or unruly? • "unruly act" - disobedient or disorderly This is now called ungovernorable. • {Not a crime if committed by an adult} • Skipping school, running away from home, continually disobeying parents, trying to buy cigarettes) • "delinquent act" - guilty of minor criminal offences • {Anything that would be considered a criminal act if committed by an adult.} • (battery, theft, shop lifting, criminal damage, underage drinking, criminal trespass, car theft, burglary)

4. History of Juvenile Courts • 1906-GA. General Assembly passed a law creating a special court for juveniles. • 1911-Fulton Co. was the first to set up this type of court. • Today, all 159 counties in GA have a juvenile court system in place.

5. 3 purposes of Juvenile courts • 1. They help protect the well being of children. • 2.They provide the guidance and control children need while protecting the interest of the state. • 3.The provide care for children who have been removed from their homes.

6. Jurisdictions • Juvenile courts have exclusive jurisdiction over cases involving delinquent behavior by citizens younger than 17 and unruly behavior of those under 18.

7. Juvenile court process • Technically, juveniles who commit delinquent acts or who are accused of unruly behavior in Ga. are not arrested. • They are “taken into custody”. • When this happens the juvenile court process begins.

8. Juvenile court process • The first step is the INTAKE process. • The juvenile is turned over to a juvenile-court intake officer who investigates the case. • The intake officer looks at the evidence presented against the juvenile and decides if there is enough evidence to support charges. • If not, the intake officer releases the juvenile. • If there is…the intake officer must then decide if the juvenile can be released into the custody of their parents/guardians or keep the juvenile in custody.

9. Juvenile court process • State officials usually release juveniles into the custody of their parents unless the believe the juvenile is likely to run away, harm themselves or another person, have a history of breaking the law, or have no parents or legal guardian. • The state is required to notify parents or a legal guardian before keeping a juvenile in custody.

10. Juvenile court process • The state must hold a probable-cause hearing within 72 hours of deciding to keep a juvenile in custody. • The judge presiding over the probable-cause hearing will decide whether to dismiss the case, have an informal adjustment, or hold a formal hearing. • An informal adjustment means the juvenile and his parents/guardians must admit the juvenile committed the offense and agree to certain conditions before he/she may be released.

11. Juvenile court process • The court will then supervise the juvenile for 90 days to make sure he/she obeys the conditions. • First time offenders usually receive informal adjustments.

12. Juvenile court process • FORMAL HEARINGS • The court will usually order formal hearings for repeat offenders and in the case of more serious offenses. • In a formal hearing, the complaining witness (usually the victim of the crime) files a petition detailing what happened. • Once the petition is signed, the court sets a date for the hearing and issues a summons that requires the juvenile and his/her parents and any witnesses to attend the hearing.

13. Juvenile court process • The first part of the formal hearing is the adjudicatory hearing. • This is like a trial, but no jury is present. • The judge of juvenile court hears the case against the juvenile and the arguments for the juveniles defense. • The judge will decide guilt or innocence. • If the juvenile is found guilty, the court will schedule a dispositional hearing, where the judge will determine the punishment. • Both the prosecutor and defense may call witnesses to try and influence the judges decision.

14. Consequences • Releasing the juvenile into custody of parents/guardian • Placing juvenile on probation • Placing a juvenile in a youth detention center for 90 days • Special conditions • Fines, attending counseling, community service *Often courts will order juveniles to fulfill certain conditions with the understanding that failure to do so could result in serving time in a youth detention center.

15. Georgia’s Seven deadly sins • There are 7 delinquent behaviors in Ga. that can transfer a juvenile’s case to the adult criminal justice system. • The courts will try juveniles ages 13-17 as adults if they are accused of: murder, rape, armed robbery, aggravated child molestation, aggravated sodomy, aggravated sexual battery, and/or manslaughter.

16. Georgia’s Seven deadly sins • Each offense carries a mandatory 10-year prison sentence under Ga. law. • If a juvenile is accused of one of these crimes, then his/her case is tried in superior court under adult guidelines rather than juvenile. • If found guilty, these offenders face serious consequences. • All or part of their sentence is usually served in adult prison.

17. Juvenile’s rights • Juveniles have the same basic legal rights as adult citizens. • The state must grant them a fair and speedy trial. • Notify them of the charges against them • Respect their rights not to incriminate themselves • Provide them with attorneys if they cannot afford them • Allow them to question witnesses testifying against them • They have the right to have their parents/guardians present at all hearings • They also have the right to appeal their case to a higher court ***They do NOT have the right to a jury unless being tried as an adult.***

18. The end Plea from Mrs. Mize… don’t get yourself into situations that might send you into the juvenile court system!!! You are good, be good, do good, act good.