Georgia State Government

1. Georgia State Government Judicial Branch CH 13 CRCT Prep Books

2. The criminal justice process • Laws are made in society to keep order. • Conflicts over these laws may be over… 1. Rights and duties of citizens, businesses or governments. 2. Questions of guilt or innocence 3. Constitutionality of laws

3. Cases in our judicial system • The state prosecutes someone charged with committing a CRIME. • Prosecution - The government who is putting the defendant on trial for breaking the law. • A defendant in a criminal case different than a defendant in a civil case because they are charged with a crime. Criminal Cases

4. Types of Crimes • Felony • A very serious crime punishable by a year or more in prison and/or a fine issued by the court. Arson, burglary, kidnapping, car theft, murder, robbery, & rape. • Misdemeanor • Less serious crime, punishable to 1–12 months in jail and or a fine up to $1000 or less.

5. Types of Court Jurisdiction • When someone does not agree with the courts decision, they can appeal the decision. • This type of case goes to an appeals courts because they have appellate jurisdiction. • Appellate Courts have the right to review decisions of lower courts. • These courts are the first to hear court cases. Either Criminal or Civil. • The have original jurisdiction – they are the FIRST to hear a case. Appellate Courts Trial Courts

6. 6th Amendment Rights • Due Process: This is the process by which your rights in the criminal justice process are outlined. • You have the right to be notified of the charges against you. • You are to be provided a speedy and public trial • Be able to confront and cross-examine witnesses • Be represented by a lawyer

7. The Criminal Justice Process • In a criminal case, there is a jury made up of 12 citizens of your peers. • The Jury has three main tasks: 1. Hear the evidence presented by the prosecution 2. Hears evidence presented by the defense attorney 3. Decides whether the defendant is guilty or not guilty. A Bench Trial is when there is no jury; only a judge

8. Pretrial Proceedings • Arrested for a crime • Booking at police station • Initial appearance before a judge • Preliminary Hearing • Grand Jury Indictment • Arraignment • Plea Bargain

9. Trial Proceedings • Jury Selection • Opening Statements • Presentation of Case • Closing Statements • Jury Deliberation & Verdict • Sentencing

10. Cases in our judicial system Most Civil Cases are seeking monetary compensation • A case where a citizen brings legal action against another party. • Plaintiff: Person who brings legal action • Defendant: Person whom legal action was brought against. Civil Cases

11. Types of Civil Cases Property Disputes Personal Injury Divorce & Child Custody Broken business agreements

12. Courts that hear civil cases • Disputes over money $15,000 or less. • Judges decide these cases. • Land disputes • Divorce settlements Magistrate Courts Superior Court State Courts also hear Civil Cases

13. Civil Law terms Courts order one party in the civil case to pay money to the other party “Paying Damages” The defendant asks for money as well “Counter Sue”

14. Answer Your EQ for Today! How does a Civil Case differ from a Criminal Case? List Three Examples!

15. Juvenile Justice System • Juveniles (anyone under 17) have a separate court system. • Children may not be fully aware or responsible for their actions or able to take care of themselves. Children needed to be protected not punished.

16. Juveniles Must follow rules that adults do not • Obey reasonable and lawful commands of parents or guardians. • Attend school regularly or have a proper excuse • Not run away from home • Not wander or loiter on the streets or in any public places between midnight and 5 AM • Not enter any bar where alcoholic beverages are sold without a parent or guardian • Not possess or use any alcoholic beverages

17. Like adults, Juveniles have rights, when taken into custody, juveniles have these rights • To be notified in writing of the charges against them • To be represented by an attorney • To call witnesses • To confront and cross-examine witnesses against them • Not to be found guilty solely on the bases of a confession • Not to have their names or photographs made public on a first offense (unless being tried as an adult)

18. Different Courts for Juveniles • Protect the well being of children • Provide guidance and control in the interests of the child as well as of the state • Secure care for any child removed from his or her home.

19. Delinquent Act V/s Unruly Act (Status Offense) • Delinquent Act • Any act that would be a criminal offense if committed by an adult • Unruly Act (Status Offense) • An offense that would NOT be a crime if committed by an adult.

20. 3 statuses of Juveniles • Delinquent Juveniles • Children and youth under 17 who commit acts which would be criminal offenses if committed by an adult. • Deprived Juveniles • Children and youth under 18 who need of some kind of supervision by the court. • Unruly Juveniles • Children who commit acts that would NOT be offenses if committed by adults. Refuse to go to school, run away, curfew, etc.

21. The seven deadly sins for juveniles • A juvenile who is 13, 14, 15, or 16 may be prosecuted and punished as an adult if they are charged with any of the following crimes: • Murder (including felony murder) • Voluntary Manslaughter • Rape • Aggravated Sodomy • Aggravated Child Molestation • Aggravated Sexual Battery • Armed Robbery is committed with a firearm. The District Attorney decides whether the juvenile will be charged as an adult. The Juvenile can face the death penalty!! Technically, you are an ADULT on your 17th birthday!

22. What Happens When you are arrested?? Taken into custody • Legal authorities apprehend the juvenile. • Parents notified • Juvenile court decides to send them to a juvenile detention center or to release them to their parents.

23. What Happens When you are arrested?? Intake Decision • Juvenile court officer investigates charges and family situation. • Course of action is one of the following: 1. No further action 2. Informal adjustment –youth to attend counseling, pay damages, or other things aimed at changing behavior 3. Filing a petition for a formal hearing

24. Formal Hearing • Juvenile & parents receive a formal summons to appear in juvenile court. • Witness notified to appear. • Juvenile may have an attorney • Juvenile court judge conducts hearing. • Two parts: adjudication and disposition.