Georgia’s Judicial System

1. Georgia’s Judicial System

2. What Is A Crime? • A Crime is an action (by a person), in which a society has deemed it as inappropriate, and has outlawed it. • Societies usually breakdown crimes into two categories: • 1.) Mala In Se – A crime that is bad in itself. The majority of societies view the action as a negative behavior (murder & rape). • 2.) Mala Prohibita – A crime that is bad because a certain society views it as a negative behavior (drugs & prostitution)

3. Classifications of Crimes In the U.S. • In the U.S., crimes are categorized based on their seriousness • 1.) Summary Offenses – Least serious crimes (traffic citations) • 2.) Misdemeanors – Less serious but more serious than summary offenses. Punishable by one to twelve months in jail or a fine up to $1,000 (DUI & criminal trespass). • 3.) Felonies - Very serious crimes punishable by more than a year in prison and/or a fine of $1,000 and up (murder, rape, robbery). When the crime is punishable by death it is known as a Capital Felony.

4. Civil Cases • Unlike a criminal case, a civil case involves a dispute between two or more parties. (citizens & businesses). This type of case is also known as a lawsuit. • Plaintiff - The party who brings the legal action. • Defendant – The party against whom the action is brought.

5. Criminal Cases • In a criminal case, it is the state’s responsibility to prosecute – charge someone with a crime; the state is responsible for proving someone’s guilt. • Police Officers – Make the arrest • District Attorneys – Prosecute the individual.

6. Georgia’s Court System • Georgia’s courts operate under different jurisdictions(the range of actions over which a court has control or influence.) : 1.) Original – first court to hear a case 2.) Appellate – review decisions made by lower courts. Courts Municipal “City” Courts – limited jurisdiction: warrants, traffic offenses, ordinances (city law). Magistrate Courts – limited jurisdiction: pretrial proceedings, warrants, bail, civil under $5,000.

7. Courts Continued • Juvenile Courts – limited jurisdiction: crimes & traffic offenses under 17 yrs. of age. • State Courts – limited jurisdiction: civil cases, traffic offenses, & misdemeanors. • Superior Court - original: Felonies & Divorces & Appellate: over lower courts. • Court of Appeals (12 Judges) - Appellate jurisdiction in cases not reserved to the GA Supreme Court.

8. Georgia Supreme Court • 7 Justices • Appellate Jurisdiction • Hears appeals involving: constitutional issues, capital felonies, contested elections, titles to land, wills & divorces

9. Criminal Justice Process Due Process – All rights outlined in the U.S.Constitution must be applied by the states. Steps In The C.J. Process 1.) Arrest 2.) Booking – official record of the arrest 3.) Initial Appearance – magistrate provides the following: explanation of the charge, bail, attorney (if indigent – means poor). 4.) Preliminary Hearing – a magistrate determines if probable cause is present.

10. Continued 5.) Grand Jury (Indictment) – 16 to 23 citizens – determines if there is enough evidence to charge the suspect. 6.) Arraignment – (Superior Court) – charges are read and a plea is entered. 7.) Plea Bargain - plead to a lesser charge. 8.) Trial – jury selection, opening statements, presentation of the case, closing statements, deliberation and verdict. 9.) Appeal

11. Juvenile Justice In the state of Georgia, individuals under the age of seventeen (juveniles) are treated differently from adults because they may not be fully responsible for their actions. Juvenile courts have 3 main purposes: : • To help & protect the well-being of children. • To make sure that any child coming under the jurisdiction of the court receives the care, guidance, & control needed. • To provide care for children who have been removed from their homes.

12. Juvenile Justice (continued) There are Juvenile Courts, which deal entirely with types of Juvenile offenders: 1.) Delinquent Juveniles – under the age of 17 who commit acts that would be crimes if committed by an adult. 2.) Unruly Juveniles – juveniles who commit acts that would not be crimes if committed by adults.

13. Rights of Juveniles Accused of Unruly or Delinquent Behavior • Right to have a lawyer. (Juvenile cases are decided by a judge, however, not a jury.) • Right to cross-examine witnesses. • Right to provide evidence to support one’s own case. • Right to provide witnesses to support one’s own case. • Right to remain silent. • Right to appeal. • Right to transcript of the trial.

14. Steps in Juvenile Justice System Notify parents or caregivers. • Juveniles are “taken into custody” (rather than “under arrest”). • Intake: juveniles may be released to parents’ custody or detained.

15. Steps (continued) 3. Probable cause hearing-a judge looks over the case and has 3 options: • Dismiss the case. • Have an informal adjustment (common for first offenders) • Have a formal hearing (2 parts)- • adjudicatory hearing- like a trial, but no jury.

16. Steps (continued) Formal Hearing (continued) • Dispositional hearing- in this part, the judge determine the punishement for the ofense. 4. The fourth step is sentencing – the judge may select from a number of options. (see page 549 in text.)

17. Student Responsibilities Under School Law • Must attend school between the ages of 6 & 16. • Must follow reasonable rules & regulations, behavior codes, & dress codes schools have established to provide an environment that is safe & conducive to learning. • To work with school officials to prevent disruptions & violence in their schools.