Unit 12 Juvenile System

1. Unit 12 Juvenile System SS8CG4The student will analyze the role of the judicial branch in Georgia state government. a. Explain the structure of the court system in Georgia, to include trial and appellate procedures, and how judges are selected. b. Explain the difference between criminal law and civil law. c. Describe the history of the juvenile court. d. Compare the juvenile justice system to the adult justice system, emphasizing the different jurisdictions, terminology, and steps in the criminal justice process. e. Describe the rights of juveniles when taken into custody. f. Describe ways to avoid trouble and settle disputes peacefully.

2. Unit 10 Juvenile System SS8CG6 The student will explain how the Georgia court system treats juvenile offenders. • Explain the difference between delinquent behavior and unruly behavior and the consequences of each. b. Describe the rights of juveniles when taken into custody. c. Describe the juvenile justice system, emphasizing the different jurisdictions, terminology, and steps in the juvenile justice process. d. 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.

3. Explain the structure of the court system in GA,to include trial and appellate procedures, and how judges are selected. • Ct System falls under the Judicial Branch of Gov’t. ADULT JUSTICE SYSTEM: • You have the GA State Ct and Federal Ct in U.S. • Trial Ct- a person is charged of a crime and attends a trial to determine if GUILTY or INNOCENT. Also hears Civil Cases. Judges are appointed- http://www.hrc.org/justice/state_courts/HwStCrtJdgSltd.htm • 2 types of Trials: Jury or Bench. (2 types of Jury trials) • Grand Jury- determines whether or not persons accused of crimes should be indicted (officially charged) and required to stand trial. • Jury Trial-a group of citizens who are charged with judging a person charged with a crime. (deciding if guilty or innocent) Bench Trial- Judge decides if you are guilty or innocent.

4. Explain the structure of the court system in GA,to include trial and appellate procedures, and how judges are selected. • Trial Cts in GA: • 188 Superior Ctsin 49 circuits (regions) • 70 State Cts • 159 Probate Cts • 159 Juvenile Cts • 159 Magistrate Cts • Over 400 Municipal Cts (City) Supreme Ct- highest Ct in GA- 7 judges-elected-6yr term Probate Ct- Ct handles wills and estates of deceased Persons-judges elected. Juvenile Ct- hears cases of persons under the age of 17-judges are appointed by Superior Ct. Judges. Magistrate Ct- hears civil cases involving sums under $1500.00- judges elected.

5. Explain the structure of the court system in GA,to include trial and appellate procedures, and how judges are selected. • REMEMBER: Just because you are arrested doesn’t mean you are guilty and just because the verdict (final decision) is innocent, you can still be guilty of crime. -Appellate procedures: Court of Appeals (2nd highest ranking Ct): After the verdict is Guilty, a person has the right to an Appellate Trial or also called an Appeal. This is when the attorney writes to the Appellate Court to hear the case- like a second chance in Ct. Only hears cases from lower court -12 judges serve on this court and they elect one of them to serve as the Chief Justice. Judges are elected to a 6 yr term.

6. Explain the difference between criminal law and civil law. 1. Criminal Law: when an act is ILLEGAL • Felony- serious crime such as murder, burglary, punishable by a year or more in prison , a fine of at least $1,000, or both. b. Misdemeanor- is a less serious crime punishable by less than a year in prison, a fine or less than $1,000, or both. Ex: stealing a shirt, stealing gas etc… 2. Civil Law: are personal-they do not affect society. Ex: property rights, contracts, marriage, divorce, child custody, inheritance. Plaintiff- person or group that files the lawsuit Defendant- person or group that the lawsuit is brought against.

7. Describe ways to avoid trouble and settle disputes peacefully. • Mediation- 3rd party meets with 2 opposing sides and they come to a compromise • Arbitration- opposing sides designate a neutral 3rd party called an arbitrator agree to accept the arbitrator’s solution to the disagreement. • Compromise-each of the opposing parties gives up something in order to settle the dispute.

8. Describe ways to avoid trouble and settle disputes peacefully. 4. Negotiation- process of discussing an issue with the intention of resolving it. Often used in real estate or selling a vehicle. 5. Collaboration- opposing parties work together to identify common ground or objectives. Also takes place in writing of books or songs. 6. Non-Violence-seeking chance that specifically rejects violence. Rev. MLK used non-violence in the Civil Rts. Movement.

9. Describe the history of the Juvenile Court • 1906, the GA General Assembly passed a law establishing a special Ct. for Juveniles. In 1911, Fulton Co. became the 1st county in GA to set up a Juvenile Ct. • Today every county in GA has one- 159. The Judges are appointed to that position by Superior Court Judges. JV Cts had 3 main purposes: • To help & protect the well-being of children • Make sure that any child coming under the jurisdiction of the Ct receives the care,

10. Describe the history of the Juvenile Court guidance, and control needed 3. To provide care for children who have been removed from their homes. GA JV Cts have jurisdiction over the following: • JV’s who commit traffic offenses • Delinquent JV’s • Unruly JV’s • JV’s under the supervision or probation of the Ct. • Deprived JV’s, children under 18 yrs old, who are neglected or abused by parents or guardians or those who have no parents or legal guardians

11. Describe the history of the Juvenile Court 6. Cases involving children who need mental health services 7. Proceedings involving judicial consent for marriage, employment, or enlistment in the armed services when such consent is required by law.

12. Explain the difference between delinquent behavior and unruly behavior and the consequences of each. • JV’s MUST follow the same local, state, and federal laws that all other citizens follow. • JV’s have special status under the law, and they must follow some laws that DO NOT apply to adults. Ex: JV’s attend school until 16 yrs old, can’t run away from home, can’t possess alcoholic beverages or tobacco until ages 21 and 18.

13. Explain the difference between delinquent behavior and unruly behavior and the consequences of each Delinquent Act- act that would be considered a crime is committed by an adult. Ex: Burglary and car theft. Status Offense- act that would NOT be considered a crime if committed by an adult. Ex: Running away from home, repeatedly truant from school.

14. Describe the rights of juveniles when taken into custody. • When JV’s commit a Delinquent Act or a Status Offense and are captured by law enforcement, they are said to be “taken into custody” rather than “under arrest.” • JV’s handled under the JV system have the same basic legal rights that other citizen have. These rights are set out in Amendments 1,4 and 5 of the U.S. Const. JV’s have the rt to have their cases decided quickly, just as adults have the rt to a speedy trial. JV cases, however, are decided by a JUDGE, not a Jury.

15. Describe the rights of juveniles when taken into custody. • JV Ct proceedings can result in the loss of liberty. • JV’s have all of the rts to a fair trial. • JV must be notified of the charges against them. • JV is protected against self-incrimination • JV has rt to an attorney • JV has rt to confront and to question witnesses against them. • JV has the rt to present a defense, to introduce evidence, and to testify on his or her own behalf. • JV has the rt to have a parent or a guardian present in all hearings. • If a child’s parents or guardian can’t afford a lawyer, the court must appoint an attorney to represent the child.

16. Describe the juvenile justice system, emphasizing the different jurisdictions, terminology, and steps in the juvenile justice process • 1st step- Intake: • JV is taken into custody- they are turned over to a JV ct intake officer who investigates the case. Intake Officer will decide if there is enough evidence to support the charges against the JV. If there is not enough evidence, the intake officer must release the JV. • If there is enough evidence to think the JV may be guilty of the charges, the intake officer may:

17. Steps in JV Process • Release the JV into custody of their parents or legal guardian • Detain the JV and are housed in one of the state’s Regional Youth Detention Centers.

18. Steps in JV Process • 2nd step- detention: • If the juvenileis detained, a probable cause hearing before the juvenilejudge must be held within 72 hrs. • Judge has 3 options: • Dismiss the case • Have an Informal adjustment • Have a formal hearing Generally, an informal adjustment is held for 1st offenders. The juvenileand their guardian must agree to the informal adjustment, and the

19. Steps in JV Process young person must admit the wrongdoing. The juvenileis under the supervision of the courtfor at least 90 days. While under the court’s supervision, the juvenilemight be required to attend school regularly or participate in counseling programs. The juvenile may also be required to pay for any damages caused or to complete community service requirements.

20. Steps in JV Process • 3rd step- Formal Hearing:- if an informal adjustment is not held. • First the complaining witness files a petition outlining the wrongdoing. Once the petition is signed, a date is set for the formal hearing and a summons issued. The summons requires the juvenile, guardian, and those involved in the charges to attend the hearing. -1st part of a formal hearing is the Adjudicatory hearing, which is somewhat like a trial. The juvenile judge hears the case against the juvenile and the juvenile’s defense. There is NO Jury. After listening to all the evidence, the judge decides

21. Steps in JV Process whether or not the child is guilty of committing a delinquent act. If found not guilty, the juvenile is released. If found guilty, the court schedules a second hearing. -2nd part of the formal hearing is called the dispositional hearing. In this part, the judge determines the punishment for the offense. At this hearing, both the prosecutor and the defense can call witnesses and present evidence that might influence the judge’s sentence.

22. Steps in JV Process • 4th step- Sentencing: • The judge may select from a number of options. The judge may: • Release the jvenileto the custody of guardian with no court supervision. 2. Place the juvenileon probation 3. Place juvenilein a youth development center for up to 90 days 4. Commit the juvenileto the Dept. of juvenileJustice 5. Send the juvenileto Boot Camp 6. Assign other punishments (such as restitution and fines) and special conditions of probation (such as mandatory school attendance, community service, counseling, suspension, or prohibition of Driver’s License)

23. Steps in JV Process • Final step- Appeal • Juvenilehas the right to appeal their case. The court has the right to extend its custody or supervision of the juvenilefor up to 5 yrs.

24. 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. 7 Deadly SINS In 1994- GA legislature addressed the issue of increasingly violent youth crimes. It passed an amendment to the GA JV Code (SB 440) that permits youths ages 13- 17 yrs old who are charged with certain violent crimes to be treated as though they were adults. These young offenders fall under the jurisdiction of the superior court and are treated as ADULT criminals.

25. 7 Deadly SINS • The Superior Ct has original jurisdiction over JV’s charged with serious crimes. The 7 violent offenses, known as the “7 Deadly Sins,” are: • Murder • Rape • Armed Robbery with a Firearm (gun) • Aggravated child molestation • Aggravated Sodomy • Aggravated Sexual Battery • Voluntary Manslaughter *Aggravated enhances (makes worse) the crime

26. 7 Deadly SINS • Just because a youth has been arrested for 1 of the “7 Deadly Sins” does not mean they will be tried in the adult system. Before an indictment, the Superior Ct determines in which court the case will be heard. If convicted in Superior Ct., the JV serves a mandatory 10-yr sentence without the possibility of parole.

27. Brain Pop- Trials • http://www.brainpop.com/socialstudies/usgovernmentandlaw/trials/

28. Brain pop- Court System • http://www.brainpop.com/socialstudies/usgovernmentandlaw/courtsystem/