Georgia Judicial Branch
Judicial Branch
• Purpose:
– interpret state constitution
– protect legal rights of citizens
– enforce laws of the state
– Enforce Due Process of Law
• Felony: serious crime with severe punishments allowed
– ex. Arson, murder, rape, and grand theft
• Capital Crimes: Felonies punishable by death (Murder,
kidnapping with bodily injury, aircraft hijacking, and treason)
• Misdemeanor: less serious crime with smaller punishments
– Ex. Assault and battery, cruelty to animals, shop lifting, trespassing
Georgia Courts
1. Supreme Court:
• state’s highest court
– Interprete laws passed by GGA,
resolve challenges to election results,
and review death penalty cases
– Justices elected by popular vote to
six-year term
– Chief Justice is chosen by the other
justices (6)
2. Court of appeals:
• second highest court
– (12 judges/4 panels) – Review civil
and criminal cases previously heard
by trial courts
3. Trial courts:
• hears criminal and civil cases
– magistrate (159) – issue warrants,
minor criminal cases, search/arrest
warrants, civil cases under 15,000
– juvenile (159) – Offences by children
under 17
– State (70) – misdemeanors, civil
cases, preliminary criminal case
– superior (49) – civil trials, criminal
trials, felony trials, divorce cases,
land titles
– probate (159) – wills and estate,
marriage licenses, firearms licenses,
appoint legal guardians, violations of
game and fish laws
– municipal (city court) – violations of
city laws
Adult Justice System
• Civil cases: disputes between citizens
(injury or wrong doing) Tort
• Criminal cases: involve serious violation
of laws punishable with fines, community
service, prison, and/or death
• Can be charged with Criminal and Civil wrong doing for
same action.
Adult Justice System - Pretrial
5. Grand Jury Indictment:
1. Arrest: enough evidence
Grand Jury says there is
to be taking into custody
enough evidence for this
2. Booking: official arrest
suspect to be charged
report – held in local jail
6. Assignment before Superior
Court: Arraigned (state
3. Initial appearance:
guilty or not guilty) If not
magistrate court – before
guilty, move to trial.
a judge – bail?
7. Admitting Guilt/Plea
4. Preliminary hearing:
Bargaining:
judge decides there is
Guilty – judge assigns sentence
probable cause that
No contest - no trial
indicates the suspect was • Choice of plea bargain:
involved in the crime
admit guilt to lesser crime
Adult Justice System - Trial
1. Selecting a Jury: 12
citizens – questioned by
attorneys and judge
2. Opening Statements:
attorneys explain what they
hope to prove
3. Presentation of
evidence: Witnesses
testimonies. Prosecution
starts. Defense may crossexamine
4. Closing Statements:
Attorneys final arguments
5. Jury Deliberation and
verdict: If not guilty, defendant
released.
6. Sentencing: Judge issues
punishment
7. Appeal: Defendant
maintains innocence or mistakes
made in case – appellate court will
review case. If ruling overturned,
case goes back to superior court
for new trial.
Jury System
• “A trial by one’s peers”
• Grand jury: determines if enough evidence
exists to indict (officially charge) a person
• Trial jury: determines guilt or innocence of a
person charged with a crime