GEORGIA STATE GOVERNMENT

Legislative, Executive & Judicial

CITIZENS AND GOVERNMENT Ways that citizens can participate in

their government & politics: 1. VOTE2. Join a political party and become active in local and state politics. 3. Contributing money to a

candidate or political organization.4. Campaign for individuals or

become candidates for public office

themselves.

CITIZENS AND GOVERNMENTGeorgia citizens vote

for the following national positions:

President & Vice President

2 US Senators to represent GA

1 Congressman (House of Representatives) to represent GA.

CITIZENS AND GOVERNMENT

General Election

Special Election

A normal, planned election where citizens

Vote for national, state, and local offices.

These are held on Tuesdays after the first Monday of November in even-numbered years.

Can be held at almost any time.

Used to fill elective positions that become vacant when the officeholder dies or resigns from office.

CITIZENS AND GOVERNMENT Referendum is

where citizens vote on a questions directly rather that going through their elected representative.

Examples of a referendum: Sales Tax, State Flag Issue, Sunday Alcohol Sales

CITIZENS AND GOVERNMENT

Georgia has an OPEN PRIMARY

Both the Democratic and Republican primaries are open to any registered voter. One does not have to be a member of a party organization to vote in a primary.

CITIZENS AND GOVERNMENT There are no rules governing the

general election.  Voters can choose all democrats, all

republicans, or a mixture of the two parties and independent parties.  

Runoff elections are held between the two candidates with the highest vote totals.

These are scheduled three weeks after the general election.

THE LEGISLATIVE Made up by the General Assembly. 2 Houses – Senate and House of

Representatives. 236 Members General Assembly members meet for a

40 day session beginning on the second Monday in January.

2 year term in office

THE LEGISLATIVE Responsible for making laws for

the state of Georgia. Responsible for appropriating

funds for the State to spend. Leadership:

-- Speaker of the House (Majority party)

-- President of Senate (Lt. Gov.)

THE LEGISLATIVE Committee System in the General Assembly

A Standing committee is a group of legislators organized by subject area that continues from session to session. Each committee is organized into two or more subcommittees to allow greater specialization of expertise.

THE LEGISLATIVE – HOW A BILL BECOMES A LAW Bill is introduced Committee

recommends Bill The Bill Goes to

the Entire House Vote

The Bill Goes to the Senate

Bill Goes to the Governor

THE EXECUTIVE Governor: Sonny Perdue

Lieutenant Governor: Casey Cagle

Qualifications:• US Citizen for

15 years• GA Citizen for 6

years• 30 Years Old

Term In Office:• 4 Years

Elected In:• November

General Election

Takes Office In:• January

THE EXECUTIVE BRANCH - AGENCIES Government Agency: A unit of

government such as a department, board, commission or office. They are a part of the executive branch.

All executive branch activities fit into seven major policy categories: Education, Human Services, Public Safety, Transportation, General Government, Economic Development, and Natural Resources.

EXAMPLES OF GOVERNMENT AGENCIES THAT AFFECT US

Education State Board of Education

To administer state education laws. Sets curriculum, and teacher salaries. They oversee all school districts in Georgia

Human Services(Health & Welfare)

Department of Human Resources

Disease control, immunization, family planning, mental health care, substance abuse treatment and prevention, restaurant inspection and daycare licenses.

EXAMPLES OF GOVERNMENT AGENCIES THAT AFFECT US

Public Safety

Office of Secretary of State.

Licenses and regulating many professions and occupations, such as accountants, architects, cosmetologists, dentists, engineers and pharmacists.

Transportation Department of Transportation

Planning, building, maintaining state, U.S. and interstate highways in Georgia.

General Government

Department of Administrative Services

Provides computers, printing, purchasing, insurance, and motor vehicle service to other state agencies.

EXAMPLES OF GOVERNMENT AGENCIES THAT AFFECT US Economic Development

Department of Economic Development

Promotes GA as a location site for new industries.

Natural Resources

Department of Natural Resources

Water & air protection, water resources management, hazardous waste management, land protection, and enforcement of various environmental protection laws.

HOW DOES THE GOVERNMENT GET MONEY? Expenditure is

the amount of money the government spends on something.

Revenue is money that the government gets to pay for expenditures.

HOW DOES THE STATE GOVERNMENT GET MONEY?

Income Tax

Other Taxes

Fuel Tax

Sales Tax

LOCAL GOVERNMENTS – THREE TYPES

CountiesCities

Special Districts

COUNTY GOVERNMENT A County Seat is

the center of a county’s government.

Canton is Cherokee County’s central seat of government.

The governing body of a county is its county commission, whose members are elected by the county voters.

County commissioners can pass ordinances (law about property & affairs) and resolutions (informal statement on the commission's opinion).

SERVICES COUNTIES PROVIDE

Fire Protection

Police Protection

Sewer System

Parks & Recreation FacilitiesPublic Health Facilities

Public Transportation

CITY GOVERNMENTWeak Mayor

CouncilStrong Mayor

CouncilCouncil

ManagerMayor recommends ordinances and appoints department heads with council approval. Council decided on policies and makes laws.

Mayor has strong executive power, an administrative assistant, can veto council legislation, etc. Council has limits on their power.

Mayor can preside over council meetings, but has no administrative power. Council decides on laws and policy. City Manager appointed to run admin items.

SPECIAL DISTRICTS A unit set up by the legislature or

by a city or county ordinance for a special purpose.

Hospitals Grady Hospital

Public Transportation

MARTA – CCT -

Industrial Development

To advertise to get business to come to the community.

THE BIG 8 LOCAL GOVERNMENT SERVICESPublic Safety Police, Firefighters, Inspectors, etc.

Public Works Roads, streets, water & sewer lines, storm drainage

Public Utilities Waterworks, sewage treatment plants, electric companies

Community Development

Divide the community into zones. Each zone has a designated use – residential, commercial, industrial, or agricultural.

Human Services

Hearing & Eye tests. Spraying for mosquitoes, and community immunization

Leisure Services

Parks & Recreation facilities.

Judicial Services

Running all county courts and the sheriff’s department

Record Keeping

Keeps internal records for the county. Land lots, births, death, marriages, taxes on real and personal property.

LOCAL GOVERNMENT REVENUE

Taxes •Property Taxes•Real & Personal Property

Revenue •Alcohol tax, Hotel tax•Tax on Insurance

Services •Public Safety, Public Works, Public Utilities, Community Development, Human Services, Leisure Services, Judicial Services, Record Keeping.

COUNTY & CITY REVENUE The COUNTY

gets the most revenue from Property Taxes.

The COUNTY gets the least revenue from licenses and permits.

The CITY gets the most revenue from Public Utilities.

The CITY gets the least revenue from licenses and permits.

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 innocence3. Constitutionality of laws

CASES IN OUR JUDICIAL SYSTEM

Criminal CasesCivil Cases

A case where a citizen brings legal action against another party. IE: Monetary Compensation, Divorce, Accident, etc.

Plaintiff: Person who brings legal action

Defendant: Person whom legal action was brought against.

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.

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.

TYPES OF COURT JURISDICTION

Appellate Courts

Trial Courts

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.

THE CRIMINAL JUSTICE PROCESS

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

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 prosecution2. Hears evidence presented by the defense attorney3. Decides whether the defendant is

guilty or not guilty.

PRETRIAL PROCEEDINGS

Arrested for a crime Booking at police

station Initial appearance

before a judge Preliminary Hearing

Grand Jury Indictment

Arraignment Plea Bargain

TRIAL PROCEEDINGS Jury Selection

Opening Statements Presentation of Case Closing Statements

Jury Deliberation & Verdict Sentencing

Supreme Court 7 Justices 1 Court Court of Appeals 12 Judges 1 Court Superior Court 159 Courts (49 circuits) State Court 70 CourtsJuvenile Court 159 CourtsProbate Court 159 Courts

Magistrate Court 159 CourtsMunicipal “City” Court- approximately 400 Courts

Supreme Court

Appellate jurisdiction

Exclusive in cases

involving constitutional issues, contested elections, capital felonies, titles to land, wills, and divorces.

Appellate jurisdiction in cases not reserved to the Supreme Court.

Appellate Court

Superior CourtTrial Courts

159 Courts (49 circuits)

General jurisdiction Exclusive in cases of

felonies, divorces, titles to land. Appellate jurisdiction: over probate, magistrate, and municipal courts.

Limited jurisdiction Misdemeanors,

traffic offenses, and most civil cases.

State Court 70 Courts

Juvenile Court159 Courts

Limited jurisdiction Children under 17

years old said to be delinquent, unruly, or charged with a traffic violation; under 18 said to be deprived.

Limited jurisdiction Probating wills,

administering estates, appointing guardians, and involuntary hospitalization of incapacitated individuals.

Probate Court159 Courts

Magistrate Court

159 Courts

Limited Jurisdiction: Criminal: pretrial

proceedings, warrants, and bail.

County ordinance, traffic, and bad check violations.

Civil Claims under $5,000.

Limited jurisdiction Traffic violations,

ordinance violations, and criminal preliminaries (such as warrants).

Municipal “City” Court approximately

400 Courts

JUVENILE JUSTICE SYSTEM

Juveniles (anyone under 17) have a separate court system.

In the 1800’s it was believed that children should be treated differently under the law.

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.

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

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)

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.

DELINQUENT ACT V/S STATUS OFFENSE Delinquent Act Any act that

would be a criminal offense if committed by an adult

Status Offense An offense that

would NOT be a crime if committed by an adult.

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 are neglected or abused by parents or who have no parents or guardians. They are considered to be in 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.

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.

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

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.