Georgia Georgia and the American Experienceand the American Experience

Chapter 15: Chapter 15:

Government of the Government of the Empire StateEmpire State

Section 3Section 3

Judicial Branch Judicial Branch

©2005 Clairmont Press

Judicial BranchJudicial 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: courts make sure that everyone is protected from abuse by the government

• Handle civil cases: disputes between citizens• Handle criminal cases: involve violation of laws• Felony: serious crime with severe punishments

allowed• Misdemeanor: less serious crime with smaller

punishments

Georgia CourtsGeorgia Courts• The Supreme Court is state’s highest court

• Justices elected by popular vote to six-year term (7 TOTAL)

• Chief Justice is chosen by the other justices

• If a justice dies or resigns before their term is over, the governor may appoint a justice to complete the term of office.

• The GA Supreme Court is an appellate court (which means it only reviews cases on appeal from lower courts– no witnesses and juries)

• Second highest-ranking court is the court of appeals

• Under the appellate courts are trial courts which hear criminal and civil cases.

– examples: magistrate, juvenile, state, superior, probate, municipal (city court)

• Each court has a specific jurisdiction (range of action over which court can rule)

Jury SystemJury System

• Important part of GA’s court system is a jury trial (a trial by one’s peers)

• Grand jury: determines if enough evidence exists to indict (officially charge) a person

• Trial jury: citizens whose duty is to determine guilt or innocence of a person charged with a crime

Separation of PowersSeparation of Powers• Each branch of government has its own

powers

• Similar to US Constitution

• Designed so that no branch or person can become too powerful

• Checks and balances system depends on citizens choosing wisely when they vote

Young People and the LawYoung People and the Law• On any given day, there are over 2,500

children in jail in Georgia• Many are jailed for non-violent crimes like

shoplifting, truancy (failure to attend school), or running away from home.

• A juvenile is a citizen under the age of 17• Common crimes: smoking, drinking alcohol,

loitering (hanging around a public place without permission), violating curfews, running away

Juvenile Court SystemJuvenile Court System• Every county has a juvenile court• Purposes:

– help and protect children– ensure protection of children coming under

their jurisdiction– provide care for children removed from their

home

• 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 Juvenile Justice Steps in Juvenile Justice ProcessProcess

1. Juvenile is “taken into custody” instead of “under arrest”

2. Intake: intake officer evaluates case3. Detain or release (to parents)4. Detained juveniles sent to RYDC (regional youth

detention center)5. Probable cause hearing before a juvenile court

judge6. Dismissal, informal adjustment, or formal hearing7. If the juvenile committed a serious offense or

multiple offenses, a judge has many sentencing options

Georgia’s Seven Deadly Sins Georgia’s Seven Deadly Sins ActAct

• In 1994, the GA legislature addressed the issue of increasingly violent youth crimes

• Juveniles charged with certain crimes (murder, rape, armed robbery with a firearm) could be treated as adults by the courts

• Superior courts handle these cases

• Mandatory 10-year sentences were a part of the new law

Rights of JuvenilesRights of Juveniles

• Juveniles have the same basic legal rights that other citizens have.

• They have the right to a fair and speedy trial• Juvenile cases are decided by a judge, not a

jury• Parents or guardians may be present at

hearings• Attorney must be provided if child’s parents

cannot afford one

Students’ Rights Students’ Rights Under School LawUnder School Law

• Sometimes students’ rights have been in conflict with schools’ authority

• Courts have ruled that students’ civil rights are in effect at school; however, schools have been given broad power to control and manage the school environment

Students Responsibilities Students Responsibilities Under School LawUnder School Law

• Students have a legal right to a free public education

• However, with this right comes responsibilities!

• Responsibilities of students:– attend school regularly from ages 6-16– follow reasonable rules and regulations– work with school officials to prevent disruption and

violence which keeps students from learning and achieving