SS8CG4 The student will analyze the role of the judicial branch in Georgia state government.
a. Explain the structure of the court system in Georgia and how judges are selected.
Court Structure and Judges
• Ga Supreme Court is the highest court in Ga. It only hears cases appealed from lower courts decisions, reviews all cases in which the death penalty is given, and investigates the Constitutionality of law according to the state Constitution
• Court of Appeals is the 2nd highest court and it hears the appellate cases before they go to the Supreme Court.
• Trial courts are next and hear original criminal and civil cases with the Superior Court being the highest trial Court and all remaining being of equal importance but dealing with different areas of the law such State Court, Juvenile court ( deals with people under 17), Probate Court (deals with wills and estates), and Magistrate Court (hears civil cases under $15,000).
• Most judges are elected to office but in special cases the Governor may appoint a judge
b. Explain the difference between criminal law and civil law.
• Criminal Law – Cases that deal with violations of the Law
• Civil Law – Deals with disputes between two or more parties
• In other words, Criminal law has to do with criminals who break the law like theft, murder etc. while civil law has to with a disagreement between people like lawsuits usually involving money
c. Describe the history of the juvenile court.
Juvenile Justice History
• Before 1906 young people who broke the law were treated the same as adults and could be imprisoned with adults.
• In 1906, a new court was set up for people under the age of 18 thus establishing the Juvenile Justice System
• In 1911, Fulton County set up the 1st Juvenile Court and today every county in Ga has a Juvenile Court in place
• These courts have 3 main purposes
– Help protect the well being of children
– Ensure any child coming under the care of the court receives care, guidance, and control needed
– Provide care for children removed from their homes
• Delinquent Act is an act that would be a crime if committed by an adult
• Status Offense is an act that would not be considered a crime
• Juveniles are taken into custody not arrested
d. Compare the juvenile justice system to the adult justice system, emphasizing the different jurisdictions, terminology, and steps in the criminal justice process
Steps in Juvenile Justice
• 1 – Intake – officer turns juvenile over to court official
• 2 – Investigation – is there enough evidence to prosecute
• 3 – If no evidence then juvenile is released but if there is enough the juvenile may be handed to parents or detained and parents are notified
• 4 – Detained juveniles are detained in RYDC’s
• 5 – Detained Juveniles must have a probable cause hearing within 72 hours and the judge may
– Dismiss case
– Have an informal adjustment
– Have a Formal Hearing
Formal Adjustment
• A Formal Adjustment is a meeting required by the judge in which
• Usually involves 1st time offenders
• Agreed to by parents
• Young person admits wrongdoing
• Stays under the supervision of the court for approximately 90 days
• Juvenile promises to do certain things which may include repayment of damages, regular school attendance, or other things as set by the judge.
Formal Hearing
• A Formal hearing involves an actual court hearing
• Complaining witness files complaint and a summons is issued
• The first step is the Ad judicatory Hearing which is much like a court hearing without a jury. If the judge declares innocence, the juvenile is released but if he is found guilty then a 2nd court appearance is set.
• The 2nd step is the Dispositional Hearing in which the judge hands out the sentence. Both sides may call witnesses to try and influence the judges sentence
• The last step is the sentencing by the judge.
• A Juvenile does have the right to appeal just like an adult but overall the steps in the Juvenile Justice system are more closely monitored (with parental assistance if possible) than in adult cases.
e. Describe the rights of juveniles when taken into custody.
Juvenile Rights
• Juveniles have the Same Basic Rights as ALL citizens of the U.S
• They have the right to a speedy trial but unlike adults, their case is decided by a Judge NOT a Jury
• They have all the rights to a fair trial such as the right to
– Be notified of charges
– Be protected from self incrimination
– An attorney
– Confront and ask questions of witnesses
– Present a defense
– Introduce evidence
– Testify
– Have a parent present during all hearings
Juvenile Rights
f. Describe ways to avoid trouble and settle disputes peacefully.
Student Responsibilities
• While students rights are protected within the school system there are also student responsibilities
• Students should obey reasonable rules, regulations and guidelines as established by the school.
• Students should allow teachers or school officials to handle disputes
• Students should try to work with others to maintain a learning environment and focus on education
• Should should allow legal authorities to settle problems when it becomes necessary rather then try to “handle it themselves”
