Judicial Branch of Government

I.Structure of Georgia’s Court System

Court / How judges are selected / Trial or Appellate? / Responsibilities
State / Elected / Trial / Misdemeanors, civil cases, can also issues warrants
Juvenile / Appointed / Trial / Delinquent and unruly offenses by children under 17
Probate / Elected / Trial / Wills and estates, marriage license, firearms licenses
Magistrate / Elected / Trial / Issue warrants, minor criminal cases, civil cases less $15,000
Superior / Elected / Trial / Civil trials, Felony criminal trials
Court of Appeals / Elected / Appellate / Reviews criminal and civil cases previously heard by lower trial courts
Supreme Court of Georgia / Elected / Appellate / Determines if laws are constitutional, reviews decisions made civil or criminal cases by trial courts or court of appeals

II. Judicial Branch

  1. CriminalLaws that protect society from wrong-doers. Can be punishable with fines community service, prison, and sometimes even death.
  2. CivilLaws created to deal with relationships amongst individuals. Compensation from one individual or group to another is possible based on injury or wrong doing.
  3. Negotiation List and define at least three ways to settle disputes peacefully.
  4. Compromise
  5. Non-violence
  6. Supreme Court of GeorgiaHighest court in Georgia. Has the power to interpret laws passed by the

General Assembly.

  1. Trial courtsType of court that ensures justice in our legal system.
  2. 7 Number of justices that sit on the Supreme Court of Georgia
  3. GovernmentIn a criminal case, who files the charges?
  4. JuvenileThis court was created because minors may not be fully responsible for their

actions and may need additional legal protection.

  1. FelonyWhat are the most serious criminal crimes called?
  2. PunishmentWhat is the purpose of the Adult Justice system?
  3. Rehabilitation What is the purpose of the Juvenile Justice system?

III. Steps in the Justice System

  1. Pretrial

Arrest / There is enough evidence that someone has committed a crime serious enough to warrant being taken in to custody.
Booking / Law enforcement officers make an official arrest report and hold the suspect in the local jail.
Initial appearance / The suspect appears before a magistrate court judge to have charges brought against them explained and determine if they are to be released on bail.
Preliminary hearing / The magistrate judge determines if there was a crime committed and if there is probable cause that the suspect was involved with the crime.
Grand Jury / A group of citizens examines the evidence in order to determine if the suspect should be charged with a crime. If they do decide there is enough evidence, they issue what is called an indictment.
Assignment before Superior court / Upon receiving an indictment, the suspect is then arraigned and brought before the superior court judge where the suspect officially states guilty or not guilty.
Guilty/ Plea bargain / The suspect has the opportunity to plead guilty. If they plead guilty, the judge will sentence the individual, or the suspect can plea bargain; the suspect is sentenced for the lesser offense.
  1. Trial

Selecting a Jury / 12 citizens are selected as jurors for the case.
Opening Statements / Both attorneys are given the opportunity to speak directly to the jury to explain their case.
Presentation of evidence / Witnesses are called to give testimony.
Closing statements / After all of the witnesses have had a chance to speak, both attorneys present their final arguments.
Sentencing / The judge sentences the defendant.
Appeal / If the defendant maintains his innocence or if there were mistakes made in the case, the defendant can make an appeal where an appellate court will review the case.
  1. Juvenile Justice Process

Intake / Juvenile is brought to an officer who decides if there is enough evidence to make a charge against them.
Release/Detained / If there is not enough evidence, the juvenile is released to their parent or guardian; if there is enough evidence, they are held in youth detention center. If held, must have hearing within 72 hours
Informal Adjustment / Juvenile must admit guilt and is under the supervision of the courts for 90 days (only for first time offenders)
Adjudicatory Hearing / The judge determines the juvenile’s guilt or innocence. No jury.
Dispositional Hearing and then Sentencing / Judge rules on the juvenile’s punishment, which can include boot camp, probation, YDC, fines, and/or mandatory counseling and school attendance.
Appeal / The juvenile can appeal the ruling if there is enough evidence to prove that they were innocent.

IV. Juvenile Justice

  1. UnrulyBehavior that is considered a status offense when committed by children (would not be a crime if committed by an adult); examples include a child refusing to go to school and running away from home.
  1. DelinquentWhen a child commits a crime it is considered to be this type of behavior; a child between 13 and 17 will be punished according to the law, which may include up to serving 5 years in a juvenile detention facility.
  1. JuvenileTerm for a person between the ages of 13 and 17 in Georgia.
  1. Murder7 Delinquent Behaviors that children between the ages of 13 and 17 who are
  2. Rapethought to have committed any of these crimes will be tried as adults
  3. Armed Robbery
  4. Aggravated Child Molestation
  5. Aggravated Sexual Battery
  6. Aggravated Sodomy
  7. Voluntary Manslaughter
  8. Must attend schoolList three laws that apply to juveniles but do not apply to adults.
  9. Curfew 12-5
  10. Cannot run away
  11. Right to an attorneyList three rights of juveniles when they are taken into custody.
  12. Have parents at hearing
  13. Right to a speedy trial