Juvenile Justice System info. Goes here from other sheet at school
Delinquent Behavior and Unruly Behavior
Two terms are important to understand juvenile laws and courts. A delinquent act is an act that would be considered a crime if committed by an adult. Burglary and car thief are examples of delinquent acts. A status offense refers to an act that would not be considered a crime if committed by an adult. Examples of status offenses include running away from home and being repeatedly truant from school.
When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be “taken into custody” rather than “under arrest.”
Juveniles handled under the juvenile justice system have the same basic legal rights that other citizens have. These rights are set out in Amendments 1,4, and 5 of the U.S. Constitution. Juveniles have the right to have their cases decided quickly, just as adults have the right to a speedy trial. Juvenile cases, however, are decided by a judge, not a jury.
Juvenile court proceedings can result in the loss of liberty. As a result, juveniles have all of the rights to a fair trial: They must be notified of the charges against them, they are protected against self-incrimination; they have the right to an attorney; and they have the right to confront and to question witnesses against them. The accused juvenile has the right to present a defense, to introduce evidence, and to testify on his or her own behalf. Most importantly, the juvenile has the right to have a parent or a guardian present in all hearings. If a child’s parents or guardian cannot afford a lawyer, the court must appoint an attorney to represent the child.
Steps in the Juvenile Justice Process
1. Intake: turned over to an intake office who investigates the case to decide if there is enough evidence. If not, the juvenile is released. (If there is enough evidence, the juvenile can be released in the custody of his/her parents or housed in one of the state’s regional youth detention center)
2. Detention: Within 72 hours a probable cause hearing must be held and the judge can: (1) dismiss the case,
(2) have an informal adjustment or (3) have a formal hearing
Informal adjustment is held for 1st offenders – they must admit the wrongdoing and be under the supervision of the court for 90 days
3. Formal Hearing: 1stpart is a hearing which is like a trial. After hearing the case the judge decides if the juvenile is guilty (there is no jury). If found guilty then there is a 2nd hearing where the juvenile, his/her parents/guardians, and witnesses receive a summons and must attend. In this part, the judge determines the punishment for the offense.
4. Sentencing: The judge may select from a number of options.
- Release the juvenile to the custody of parents or legal guardian with no court supervision
- Place the juvenile on probation
- Place the juvenile in a youth development center for up to 90 days
- Send the juvenile to the Department of Juvenile Justice
- Send the juvenile to a special program such as boot camp
- Assign other punishments such as fines or restitution and place special conditions of probation such as mandatory school attendance, counseling, etc… on the Juvenile
5. Final step: juvenile has the right to appeal his/her case
Georgia’s Seven Deadly Sins
In 1994, the Georgia legislature addressed the issue of increasingly violent youth crimes It passed an amendment to the Georgia Juvenile Code that permits youths ages 13 to 17 who are charged with certain violent crimes to be treated as though they were adults. These young offenders fall under the jurisdiction of the superior court and are treated as adult criminals.
The superior court has original jurisdiction over juveniles charged with serious crimes. The 7 violent offenses, known as the “Seven Deadly Sins,” range from crimes such as rape, voluntary manslaughter, and murder. Just because a youth has been arrested for one of the 7 Deadly Sins does not mean he or she will be tried in the adult system. Before an indictment, the superior court determines in which court the case will be heard. If convicted in superior court, the juvenile serves a mandatory 10-year sentence without the possibility of parole.
Questions:
_____ 1. Delinquent juveniles are those who
A. commit traffic offenses
B. are neglected or abused by parents or guardians
C. are under 17 years of age and who commit acts that would be crimes if they were
committed by adults
D.are under 18 years of age and who commit acts that would not be considered crimes if
they were committed by adults
_____ 2. A juvenile in Georgia is one who is under the age of
A. 15B. 17
C. 17D. 18
_____ 3. Juveniles in Georgia are NOT guaranteed the right to
A. bailB. a fair trial
C. an attorneyD. due trial
_____ 4. What are Georgia’s “Seven Deadly Sins” ?
A. crimes committed by juveniles that result in the courts treating the juveniles as adults
B. Violent crimes committed by adults refusing to declare a religious affiliation
C. adult crimes that can lead to 7 different types of penalties
D. a political version of the Ten Commandments
_____ 5. Which is considered one of Georgia’s “Seven Deadly Sins” when committed by a 16-year old?
A. using a fake ID to purchase alcohol
B. hijacking a bus
C. shoplifting
D. murder