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Georgia State Judicial Branch

Georgia State Judicial Branch. SS8CG4: The student will analyze the role of the judicial branch in Georgia state government. Today’s Warm-Up.

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Georgia State Judicial Branch

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  1. Georgia State Judicial Branch SS8CG4: The student will analyze the role of the judicial branch in Georgia state government.

  2. Today’s Warm-Up • Writing Prompt Topic-Why are courts and judges needed in Georgia? Also, what does it mean to be presumed innocent, until proven guilty in a court of law?

  3. Georgia’s Judicial Branch • Made up of state’s courts • Purpose: • interpret state constitution • protect legal rights of citizens • enforce laws of the state • Due Process of Law: amendments in the Constitution that make sure everyone is protected from abuse by the government. Examples of Due Process include: • Right to a fair and public trial • Right to be present at the trial • Right to an impartial jury • Right to be heard in one's own defense

  4. Georgia’s Judicial Branch Supreme Court is state’s highest court. • Supreme Court judges are called Justices. State justices are elected to six-year terms. • The Chief Justice (leader) is chosen by the other justices. AppellateCourt (Court of Appeals) reviews cases (no witnesses and no juries). It is the 2nd highest court in the state. Trial Courts hear criminal and civil cases • examples: magistrate, juvenile, state, superior, probate, municipal

  5. Laws are divided into two categories: Criminal & Civil Laws Criminal Law: protects society from individuals • Crime: a serious offense, where a prosecutor (lawyer for GA) will start legal action against the person who is accused of a crime • The accused or defendant will be tried in criminal court.

  6. Laws are divided into two categories: Criminal & Civil Laws Civil Law: deals with the relationship between individuals (reality TV court shows) • Tort: an injury or wrong done to a person. The person sues for money (called damages) in a civil court. • Plaintiff: Person who sues • Defendant: Person who is being sued

  7. Georgia’s Judicial Branch • A felony is a serious crime. • It is punishable by a prison sentence of more than 1 year (arson, kidnapping, robbery, rape, burglary, selling drugs, & car theft). • A capital felony is punishable by death (murder). • A misdemeanor has a less severe punishment of jail or fine (shoplifting, cruelty to animals, and assault & battery with minor injuries).

  8. Ticket out the Door Question What is the difference between criminal and civil law?

  9. Juvenile Court System SS8CG6: The student will explain how the Georgia court system treats juvenile offenders.

  10. Juvenile Court System • Juvenile: citizen under the age of 17. • Common crimes are: 1. truancy(not going to school) 2. Drugs 3. drinking alcohol 4. loitering (hanging around a public place without permission) 5. violating curfews 6. running away from home

  11. Juvenile Court System • Every county has a juvenile court. • Purposes: • help and protect children • provide care for children removed from homes • Delinquent Act: act that would be a crime if committed by an adult (example: burglary) • Status Offense: act that would not be a crime if committed by an adult (example: smoking)

  12. Steps in Juvenile Justice Process • Juvenile “taken into custody” (arrested) • Intake: intake officer evaluates case • Detain or release (to parents) • Detained juveniles sent to YDC (youth detention center) 5. Probable cause hearing before a judge (Judge Peggy Walker for Douglas County) 6. Dismissal, informal adjustment, or formal hearing 7. Sentencing/ Consequences

  13. Georgia’s Seven Deadly Sins Act • In 1994, the General Assembly made a law about violent youth crime. • Juvenilescould be treated as adults by the courts if charged with crimes such as: • Murder • Voluntary Manslaughter • Rape • Sodomy • Child Molestation • Sexual Battery • Armed robbery with a firearm • Superior courts handle these cases, not juvenile courts. • Mandatory10-year sentences were a part of the new law.

  14. Rights of Juveniles • Juveniles have the right to a fair and speedy trial. • There are no juries in juvenile cases. • Parents or guardians may be present at hearings. • An attorney must be provided if child’s parents cannot afford one.

  15. Ticket out the Door Question In your own words, what is the Seven Deadly Sins Act that the General Assembly made law in 1994?

  16. Respond to the following Juvenile Justice System questions (Think/Share/Pairs): • Joanne is caught at her neighbor’s house during a party with an alcoholic drink in her hand. What type of behavior would this be classified as? What will happen to her? If Joanne is caught again with an alcoholic drink what might happen to her? • Describe the Seven Deadly Sins Act that the General Assembly made law in 1994.

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