Georgia State Judicial Branch

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

The First FiveDecember 10, 2013 Agenda Message: Study for tomorrow’s Unit 5 Quiz (Vocabulary & class notes) Today’s Warm-up: CRCT Practice Questions 3. Which term BEST describes the kind of people Oglethorpe and the other trustees wanted to bring to Georgia? Former convents Well educated Deeply religious Poor but worthy

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

Criminal Law versus Civil Law • State laws are divided into two categories: • criminal laws (protect society from the wrongdoing of an individual) • civil laws (deal with relationships between and among individuals) • When a crime is committed, the state starts legal action in a criminal court against the person accused. • In contrast, a tort is an injury or wrong done to a person that can be compensated with the payment of money. A single act may be both a crime and a tort. • If criminal statues are violated, a person has a right of action, or a civil case, against the offender. • If insurance does not satisfy person(s) in a civil case, he or she, as plaintiffs, can sue (file a lawsuit against) the offender (called the defendant).

Disputes over Legal Rights • Since our government abides by rule of law, it has a major role in settling disputes. • The judicial branch of government uses court systems to adjudicate matters: • Both sides of a legal argument or question of law are heard by the court. • A decision is made by the court.

Describing Courts • When a court has authority to decide a case, it has jurisdiction over it: • Original jurisdiction usually means a trial complete with witnesses, evidence, a judge, and a jury (citizens determine the facts of the case). • Courts of limited jurisdiction (handling criminal cases and some civil matters) deal with less serious cases or those involving specific issues. • Appellate jurisdiction takes up where courts of original or limited jurisdiction leave off. • Note: An appeal (take case to higher court for rehearing) may be made in a criminal or civil case.

Georgia’s Court System

Courts of Original Jurisdiction • The Superior Court hears both civil and criminal cases. • Superior court judges preside over all felony trials – (sometimes serious violent juvenile offenders). • Superior court judges are elected to 4-year terms in circuit-wide, nonpartisan elections. • Candidates for judges must be a lawyer who has practiced law for at least 7 years.

Courts of Limited Jurisdiction • State courts: • misdemeanors are heard (most traffic violations) • search and arrest warrants are issued • Probate courts: • deal with wills and estates of deceased persons • issue licenses for marriage and to carry firearms • appoint a legal guardian as needed, etc. • Magistrate courts: • issue warrants, hear minor criminal offenses, hear civil cases involving amounts of $15,000 or less • do not hold jury trials • Juvenile courts were established to give attention to the treatment of juveniles: • handle cases of deprived/neglected children • see to delinquent/unruly child offenses • supervise juvenile traffic violations

The First FiveDecember 11, 2013 Agenda Message: Unit 6 CDA on the following Thursday…STUDY! Today’s Essential Question: How does Georgia’s judicial system provide justice and protect the rights of its citizens?

Municipal Courts • Municipal courts have been established to: • handle traffic offenses and violations of local regulations • issue warrants, and, in some instances • hear misdemeanor cases (e.g., shoplifting) • Municipal court judges are often appointed by the mayor, but some are elected. • There are approximately 370 municipal courts operating in Georgia. Link: Georgia’s District and Circuit Courts

Settling Disputes Peacefully • Laws must be respected and observed. • Laws can be repealed under the doctrine known as judicial review. • Ways to settle disputes peacefully include: • filing a lawsuit in a civil matter • mediation • arbitration • compromise • negotiation • collaboration • non-violent protest

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

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.

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

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).

Misdemeanor Crimes in Georgia Misdemeanors are punishable by: • Fine of up to $1,000 • Up to 12 months in county jail • Both a fine &time in county jail • Up to 12 months in a state diversion center For example, simple battery (hitting someone) is a misdemeanor under Georgia’s laws.

Felony Crimes in Georgia These crimes are generally treated as felonies: • Rape • Murder • Robbery • Grand Theft: Commit a crime of any type and the value is over $400.00 • Burglary • Selling Drugs • Kidnapping • Assault & Battery: Harm another person • Fraud: Intent to be deceitful These crimes are punishable by one year in prison to a life sentence

State Prisons • Georgia has a total of almost 80 state prisons within it's state lines. • They are located all over the state. • This number includes both men's and women's prisons, but does not include jails or federal prisons in Georgia.

Pretrial Proceedings • arrest (suspect taken into custody) • booking (official record of the arrest) • initial appearance (by suspect) before magistrate judge • preliminary hearing (magistrate judge determines if crime was committed and probable cause or causes) • a grand jury indictment (a formal accusation of a serious crime) • an arraignment before superior court judge (suspect may enter a plea of guilty or not guilty) • possible plea bargaining (process of negotiating for a less serious charge) A crime is serious offense, regarded as an injury to society.

The Trial • jury selection (trial process begins, has 12 jurors, at least one alternate) • opening statements (prosecutor and defense attorney speak to the jury; state expectation to be proved) • presentation of evidence and cross-examination of witnesses • closing statements (final arguments by defense attorney and prosecutor are made to the jury) • jury deliberation/verdict (jurors discuss among themselves the case and reach a decision) • sentencing (judge discloses length of time to be served in prison if verdict is guilty; sets amounts of payment for restitution; or dismisses defendant if not guilty) Most evidence is presented by witnesses.

The Appeal • There are several actions that can take place after a trial: • If the defendant was found guilty, his/her lawyer may file a motion for a new trial. • The defense lawyer can then file a notice of appeal to the appellate court giving reason(s) why the case should be reviewed. • If the appellate court reverses the previous decision, the case goes back to superior court. • If the court upholds the guilty verdict, the sentence is carried out.

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

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

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

Deprived Child • Deprived child is a legal name for a child under the age of 18 who is without adequate food, shelter, or protection: • The state prosecutes parents/guardians who neglect children under their care. • DFCS (Georgia’s Division of Family and Children Services) helps children who are abused. • A guardian ad litem is a person appointed by the juvenile court to represent a child’s best interest in any legal proceedings.

Unruly Child • A child who commits an act that would not be considered a crime if committed by an adult is called an unruly child or a status offender. • Behaviors displayed by an unruly child 17 or under: • absent from school on a regular basis without legitimate excuse (truant) • run away from home • disobeys reasonable commands from parent/guardian • hangs around public places between midnight and 5:00 a.m. • goes to a bar without parent or possesses alcoholic beverages, • disobeys terms of supervision contained in a court order • Unruly behaviors may be handled throughinformal adjustment: • Family is given counseling and a plan of supervision for a child. • A period lasting at least 90 days and may be extended another 90 days. • The juvenile has to follow certain conditions and restrictions.

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)

Steps in the Juvenile Justice System • Reasonable suspicion is something more concrete than a “hunch” but less certain than probable cause. • A regional youth detention center (RYDC) is a holding facility for juveniles. • Intake • The juvenile court designates a court officer (intake officer). • Procedures of intake officer include: investigating charges, determining which of 4 options to follow, and deciding whether to release juvenile into custody of parents or guardian or detain at the RYDC. • Detention Hearing • Within 48 hours of being detained at an RYDC, a juvenile court judge reviews the intake officer’s report. • Judge decides whether to detain juvenile (hearing takes place within 10 days) or release on bail (hearing takes place within 60 days).

Ticket Out the Door • By Georgia law, who is considered a juvenile? • What is the difference between a delinquent act and a status offense?

The First FiveDecember 12, 2013 Agenda Message: Complete Juvenile Justice System worksheet Today’s Warm-up: Delinquent juveniles are those who… • commit traffic offenses. • Neglected or abused by parents or guardians. • Are under 17 years of age and who commit acts that would be crimes if they were committed by an adult. • Are under 18 years of age and who commit acts that would not be considered crimes if they were committed by adults.

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

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.

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.

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

The First FiveDecember 13, 2013 Agenda Message: Unit 5 CDA = Wednesday & Unit 6 CDA = Thursday • Collect last night’s homework for a grade Today’s Warm-up: Respond to the following Juvenile Justice System questions (Think-Pair-Share): • Allison 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 Allison is caught again with an alcoholic drink what might happen to her?

Juvenile Justice Video http://app.discoveryeducation.com/search?Ntt=juvenile+justice+system http://app.discoveryeducation.com/search?Ntt=+justice+system#selItemsPerPage=20&intCurrentPage=0&No=0&N=0&Ne=&Ntt=%252Bjustice%252Bsystem&Ns=&Nr=&browseFilter=&indexVersion=&Ntk=

Georgia State Judicial Branch