The Judicial Branch

1. The Judicial Branch Sara, Ethan, Avery, Anna, and Ashlyn

2. EQ How does GA’s Judicial system provide justice and protect the rights of its citizens?

3. SSCG1 Part B Explain the difference between criminal and civil law.

4. Criminal Law • Part of law- relates to endangering or threatening of human health of safety • Anyone arrested- has right to have lawyer present when being questioned • Blamed person must give fast, public trial before facing judge or jury • Involves breaking the law • Made to punish the person as to make them not do it again, or a crime similar • Two types- felonies and misdemeanors • Punishments include imprisonment, fined, or death penalty • Filed by government or prosecution • Services are paid for by public funds • Police and prosecutors hired by government to deal with case • Must prove guilty with solid evidence, and that the person intended to commit the crime

5. Civil Law • Handles disputes between two or more people or organizations • Filed by private individuals/organizations • Resolves non-criminal arguments such as contracts, divorces, property, child custody, marriages, payments, and damages • Can be based on a state or federal person, or a court ruling • Two parties- plaintiff and defendant • “pays” for unfairness as punishment • Can buy insurance that helps pay • Plaintiff must prove unfairness, harm, or loss • Courts may dismiss case

6. SSCG1 Part C • Georgia Department of Corrections (GDC) considered ‘final stop’ in administration of justice. • Includes state legislature, state and local police and sheriffs, prosecuting attorney offices, defense attorneys, superior courts, jails, state probation officers, and prisons. • Creates checks and balances and ensures that administration of justice is fair and equitable

7. Police can elect not to arrest • Prosecuting attorneys can elect not to prosecute • Judges can dismiss cases • Jurors can find defendants not guilty • Once found guilty, the judge decides length of sentence, and how the person is treated. • Offender is sentenced to a short incarceration term and sent to jail, released when time is served, pardoned, or put on parole. • Offender then may then proceed to be issued a probation. • Each court has a special jurisdiction. • Courts protects citizens from abuses by government by ensuring that each citizen has a “due process of law” • U.S. Constitution says no state can deprive a citizen of life, liberty, or property without “Due process of law”

8. Steps in criminal justice process • Investigation by police. Gathers evidence against suspect and supports an arrest. • Arrest by police. Probable cause is the legal requirement for an arrest. • Prosecution of criminal defendant by a district attorney. • Indictment by a grand jury or the filing of an information by a prosecutor. • Arraignment by judge. Defendant enters court and enters a plea. • Pretrial, temporary custody prior to trial. • Plea bargaining between defense attorney and prosecutor.

9. Process Cont’d 8. Trial/ Adjudication of guilt by a judge or jury, with a prosecutor and defense attorney. 9. Sentencing by judge. If guilty, judge gives sentence. 10. Appeals filed by attorneys. 11. Punishment/ Rehabilitation administered by authorities.

10. SSCG1 Part D Describe ways to avoid trouble and settle disputes peacefully

11. Avoiding Trouble and Settling Disputes Avoiding trouble is fairly simple. First, you need to know the laws of the country, which is my case is the U.S.A. then you need to know the laws of the state or region, in my case, Georgia. These laws may differ, but they should not contradict. You must follow both sets of laws even though they could be different somewhere else in the country, or in another country. Don’t break these laws. Some examples for my region are the legal drinking age of 21, the voting age of 18, and certain drugs are illegal. By following the laws, you should be pretty much in the clear. Disputes among citizens and states are settled by the judicial branch. For the bigger disputes, they are settled in court. In a criminal case, if someone is guilty, they will either be sentenced to time in jail by the judge or fined. In a civil case, the judge just tries to settle the problem with both sides in mind.

12. Compromise Compromise is the best way to settle disputes. Calmly figure out what both sides want and do what you can to please both sides. Be slow and careful and don’t raise voices. • Litigation and trial with a judge or jury decide who is right or wrong- someone wins, someone loses • Negotiation, mediation, arbitration- ADR for alternative dispute resolution

13. Standard SSCG4 Part E • Evaluate how the Judicial branch fulfills its roles in interpreting the laws of Georgia and ensuring justice in our legal system

14. How Does the Judicialbranch Interpret Laws? • How: Any law passed by Congress can be declared invalid if declared unconstitutional. • Types of laws enforced: constitutional, statutory, administrative, and case laws • How: Supreme Court reviews cases involving title to land, equity, wills, divorce, and alimony by checking constitutionality. • Constitutionality: seeing if the law is legal based on the Constitution

15. How does our Judicial Branch ensure justice? • Protects citizens by: • Ensuring justice under a “due process of law” (means no person can be deprived of life, liberty, or property without due process of law) • Handling criminal and civil cases • Grand Jury decides if person accused of crime should be charged and stand trial • Providing a Defense Attorney without cost

16. How does this affect us? • Juvenile Courts built to: • Help and protect the well being of children • To make sure that any child coming under the jurisdiction of court receives the care, guidance, and control needed • To provide care for children removed from their homes

17. Quiz Time! 1.What are the two types of crimes? 2.Who are civil cases filed by and who are criminal cases filed by? 3.What must you know to stay out of trouble and be legal? 4.Who decides if a person is right or wrong? 5. What does the “due process of law” do? 6. Name 1 way Juvenile courts help kids. 7. Once found guilty, who decides the length of the defendants sentence? 8. What was 1 step to the criminal justice process?

18. Answers 1. felonies and misdemeanors 2. civil- private person/organization, criminal- government or prosecution 3. laws of your country and region 4. litigation or a trial with a judge or jury 5.Protects a persons life, liberty, and property until found guilty 6. Help and protect the well being of children; To make sure that any child coming under the jurisdiction of court receives the care, guidance, and control needed ;To provide care for children removed from their homes 7. The Judge 8. (look back at slides)