Georgia State Judicial Branch

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

Georgia’s Judicial Branch

• Made up of state’s courts

• Purpose:– interpret state constitution– apply laws to court cases– protect legal rights of citizens

• Due Process of Law: parts of 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 at the trial – Right to an unbiased jury – Right to speak in your defense

Georgia’s Judicial BranchSupreme 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.

Appellate Court (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

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).

Juvenile Court SystemSS8CG6: 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. Drugs3. drinking alcohol4. loitering (hanging around a public place without permission)5. violating curfews6. running away from home

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 (Unruly juvenile): act that would not be a crime if committed by an adult (example: smoking)

Steps in Juvenile Justice Process1. Juvenile “taken into

custody” (arrested)

2. Intake: intake officer evaluates case

3. Detain or release (to parents)

4. 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. • Juveniles charged with crimes such as: 1)

murder, 2) voluntary manslaughter, 3) rape, 4) sodomy, 5) child molestation, 6) sexual battery, & 7) armed robbery with a firearm could be treated as adults by the courts.

• Superior courts handle these cases, not juvenile courts.

• Mandatory 10-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.