Unit 5 – Juvenile Justice

1. Georgia Studies Unit 5 – Juvenile Justice

2. Lesson 5 – Juvenile Justice • ESSENTIAL QUESTION • How are juveniles treated differently under Georgia’s judicial system?

3. Standards SS8CG6 The student will explain how the Georgia court system treats juvenile offenders. • a. 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 process, how the decision to transfer to adult court is made, and the possible consequences.

4. Juvenile Justice • Juvenile Justice System deals with any person 17 years old or less • Unruly Behavior – Is considered a status offense when committed by children (would not be a crime if committed by an adult). Examples of unruly behavior: • Child refusing to go to school. • Child frequently disobeys parents or caregivers. • Child runs away from home. • Child roams the streets between midnight and 5 A.M. • Child goes to a bar without parents and/or is caught with alcoholic drinks in hand.

5. Juvenile Justice • A child showing unruly behavior may be given treatment (if offense involves alcohol or drugs) and may be committed to a place of detention run by GA’s Department of Juvenile Justice. • Delinquent Behavior – When a child commits a crime. A child who is less than 13 years old cannot be tried for a crime in GA. A child between 13 and 17 years old will be punished according to the law. This may include spending up to 5 years in a detention facility.

6. Juvenile Justice • Rights of Juvenile Offenders: • Right to a lawyer. • Right to cross-examine witnesses. • Right to provide evidence to support one’s own case. • Right to provide witnesses to support one’s own case. • Right to remain silent. • Right to an appeal. • Right to a transcript of a trial (written copy of the trial).

7. Juvenile Justice Process • Children thought to be delinquent are arrested and their parents are notified. Children may then be released to the parents or detained (held) at a Regional Youth Detention Center, community shelter, or foster home. • The next step is a probable cause hearing. A judge looks over the case to determine whether the children should be released or detained further.

8. Juvenile Justice Process • The next step is an adjudicatory hearing. A judge decides whether the charges are true or not. If the judge decides the charges are untrue the case can be dismissed. • If the judge thinks the charges are true, the next step is a dispositional hearing. At this hearing the judge decides the course of treatment, supervision, or rehabilitation that the delinquent, unruly, or deprived child should undergo. The judge may decide that probation if necessary. In some serious cases the judge may transfer the case to a superior court where the child will be tried as an adult.

9. The Seven Delinquent Behaviors • Seven Delinquent Behaviors – Behaviors that are automatically outside the jurisdiction of juvenile court. Children between the ages of 13 and 17 who are thought to have committed any of these crimes will be tried as adults in Superior Court: • Aggravated Child Molestation • Aggravated Sexual Battery • Aggravated Sodomy • Murder • Rape • Voluntary Manslaughter • Armed Robbery with a firearm

10. Directions: Read the statements below and decide whether you agree (A), disagree (D), or are undecided (U). Be prepared to give reasons for your opinions. There are no right or wrong answers; every opinion is good when you can give reasons for that opinion. • 1. ___Children who run away from home or who are beyond the control of their parents should be treated the same as juveniles who commit offenses. • 2. ___Juveniles who commit an offense should get the same penalty as other juveniles who commit the same offense. • 3. ___It is unfair to give a juvenile a greater penalty for an offense because the juvenile has committed other offenses in the past. • 4. ___Victims of crimes should have more rights than juveniles who have harmed them. • 5. ___Judges should be free to decide which sentence best fits each individual, taking into account the circumstances of each individual. • 6. ___The juvenile justice system should be used as a way to put youths in programs like alcohol and drug counseling in which they otherwise would not participate. • 7. ___Accountability (being held responsible) is the most important part of a juvenile justice system. • 8. ___Juveniles who break the law should be treated the same as adults who break the law. • 9. ___Juveniles should be accountable for their crimes starting at age six. • 10. ___Juveniles should be subject to the death penalty for certain crimes. • 11. ___Juveniles hearings should be open to the public.