Georgia State Judicial Branch
SS8CG4: The student will analyze the role
of the judicial branch in Georgia state
government.
The First Five
December 8, 2014
Agenda Message: No homework tonight
Today’s Warm-up: Similarities & Differences Chart
ADULT vs. JUVENILE JUSTICE SYSTEM
SIMILARITIES
DIFFERERENCES
1.
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2.
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3.
3.
Georgia’s Judicial Branch
• Made up of state’s courts
• Purpose:
– interpret state constitution
– protect legal rights of citizens
– enforce laws of the state
• Due Process of Law: Amendments in the
Constitution that make sure everyone is
protected from abuse by the government.
Examples of Due Process include:
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–
–
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Right to a fair and public trial
Right to be present at the trial
Right to an impartial jury
Right to be heard in one's own defense
Georgia’s Judicial Branch
Supreme Court is state’s highest court.
• Supreme Court judges are called Justices. State
justices are elected to six-year terms.
• The Chief Justice (leader) is chosen by the other
justices.
• Georgia Supreme Court three main roles are:
1. Determines constitutionality of new laws created by
the General Assembly.
2. Review death penalty cases in Georgia
3. Ensures justice for all citizens of the state.
Georgia’s Judicial Branch
Appellate Court (Court of Appeals) reviews
cases (no witnesses and no juries). It is the 2nd
highest court in the state.
Trial Courts hear criminal and civil cases
– Examples: magistrate, juvenile, state, superior,
probate, municipal
Laws are divided into two categories:
Criminal Laws & Civil Laws
Criminal Law: It protects society from
individuals.
• Crime: A serious offense, where a prosecutor
(lawyer for GA) will start legal action against
the person who is accused of a crime.
• The accused or defendant will be tried in
criminal court.
Laws are divided into two categories:
Criminal Laws & Civil Laws
Civil Law: Deals with the relationship between
individuals (reality TV court shows).
• Tort: An injury or wrong done to a person. The
person sues for money (called damages) in a
civil court.
• Plaintiff: Person who sues.
• Defendant: Person who is being sued.
Ticket out the Door Question
What is the difference between
criminal and civil law?
The First Five
December 9, 2014
Agenda Message: No homework tonight
Today’s Warm-up: Writing Prompt
In a paragraph, describe the ways that you can
avoid trouble and settle disputes peacefully in
the state of Georgia (10 minutes).
Georgia’s Judicial Branch
• A felony is a serious crime.
• It is punishable by a prison sentence of more
than 1 year (arson, kidnapping, robbery, rape,
burglary, selling drugs, & car theft).
• A capital felony is punishable by death
(murder).
• A misdemeanor has a less severe punishment
of jail or fine (shoplifting, cruelty to animals,
and assault & battery with minor injuries).
Misdemeanor Crimes in Georgia
Misdemeanors are punishable by:
• Fine of up to $1,000
• Up to 12 months in county jail
• Both a fine & time in county jail
• Up to 12 months in a state diversion center
For example, simple battery (hitting someone) is
a misdemeanor under Georgia law.
Felony Crimes in Georgia
These crimes are generally treated as felonies:
• Rape
• Murder
• Robbery
• Grand Theft: Commit a crime of any type and the value is
over $400.00
• Burglary
• Selling Drugs
• Kidnapping
• Assault & Battery: Harm another person
• Fraud: Intent to be deceitful
These crimes are punishable by one year in prison to a life
sentence.
State Prisons
• Georgia has a total of almost 80 state prisons
within it's state lines.
• They are located all over the state.
• This number includes both men's and
women's prisons, but does not include jails or
federal prisons in Georgia.
Ticket Out the Door
• What are the differences between
felony and misdemeanor crimes in
the state of Georgia?
The First Five
December 10, 2014
Agenda Message: Answer the following 5 homework
questions…
1. Why is it necessary to have both civil and criminal law?
2. Explain the difference between a plaintiff and a
defendant.
3. What are three examples of felony crimes?
4. What type of punishment can be given for a felony
crime?
5. What is the highest court in Georgia and what are its
three roles?
6. What are the seven pretrial procedures that an adult
accused of committing a crime will go through?
Today’s Warm-up: Think-Pair-Share
Suppose that SMS is broken into over the weekend
when no one is in the building. Offices are trashed
and equipment is stolen from the Media Center.
When the break-in is discovered, the police come
immediately. Crime scene investigators examine
the area carefully, collecting and recording
evidence. From the evidence (fingerprints,
shoeprints, and surveillance tapes) and from
reports of witnesses (joggers on the athletic track
across from the school), police officers arrest three
adult suspects. What happens next?
Pretrial Procedures: Adult Justice System
• The following steps will happen:
1. Law enforcement authorities take the suspects into
custody = Arrest.
2. Police make an official record of the rest & suspects
are placed in a holding cell = Booking.
3. Suspects will make 1st appearance before a
magistrate judge.
4. Next is the preliminary hearing where the magistrate
judge determines if there was a crime committed,
and if there is probable cause (sufficient reason) to
believe that each suspect committed the crime.
Pretrial Procedures: Adult Justice System
5. Next is the grand jury stage. A group of citizens will be
chosen from voters in the county to determine whether the
evidence and testimonies link the accused to the crime. If it
does, the grand jury issues an indictment.
6. Arraignment occurs before superior court judge, who
reads the charges and allows the suspects to enter a plea of
guilty or not guilty.
7. The last process before a trial is called possible plea
bargaining. The accused and their lawyer will try to negotiate
for less time or probation with the district attorney.
Exit Slip
• Fill-in the blanks below
People who are _____ of a crime are presumed
to be ____ until they are proven _____ in a
court of law.
The First Five
December 11, 2014
Agenda Message: Complete Juvenile Justice System
worksheet
Today’s Warm-up:
Delinquent juveniles are those who…
A. commit traffic offenses.
B. 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 an adult.
D. Are under 18 years of age and who commit acts that
would not be considered crimes if they were
committed by adults.
Juvenile Court System
SS8CG6: The student will explain how the
Georgia court system treats juvenile
offenders.
Juvenile Court System
• Juvenile: citizen under the age of 17.
• Common crimes are:
1. truancy(not going to school)
2. Drugs
3. drinking alcohol
4. loitering (hanging around a public place
without permission)
5. violating curfews
6. running away from home
Juvenile Court System
• Every county has a juvenile court.
• Purposes:
– help and protect children
– provide care for children removed from homes
• Delinquent Act: act that would be a crime if
committed by an adult (example: burglary)
• Status Offense: act that would not be a
crime if committed by an adult (example:
smoking)
Steps in Juvenile Justice Process
1. Juvenile “taken into
custody” (arrested)
2. Intake: intake officer
evaluates case
5. Probable cause hearing
before a judge (Judge
Peggy Walker for
Douglas County)
3. Detain or release (to
parents)
6. Dismissal, informal
adjustment, or formal
hearing
4. Detained juveniles
sent to YDC (youth
detention center)
7. Sentencing/
Consequences
Georgia’s Seven Deadly Sins Act
• In 1994, the General Assembly made a law about violent youth
crime.
• Juveniles could be treated as adults by the courts if charged
with crimes such as:
1. Murder
2. Voluntary Manslaughter
3. Rape
4. Sodomy
5. Child Molestation
6. Sexual Battery
7. Armed robbery with a firearm
• Superior courts handle these cases, not juvenile courts.
• Mandatory 10-year sentences were a part of the new law.
Rights of Juveniles
• Juveniles have the right to a fair and
speedy trial.
• There are no juries in juvenile cases.
• Parents or guardians may be present at
hearings.
• An attorney must be provided if child’s
parents cannot afford one.
Ticket Out the Door
1. By Georgia law, who is considered a juvenile?
2. What is the difference between a delinquent
act and a status offense?
The First Five
December 12, 2014
Agenda Message: Unit 6 CDA = Thursday, 12/18
Today’s Warm-up:
Respond to the following Juvenile Justice System
questions (Think-Pair-Share):
• Allison is caught at her neighbor’s house during a
party with an alcoholic drink in her hand. What
type of behavior would this be classified as? What
will happen to her? If Allison is caught again with
an alcoholic drink what might happen to her?
Collaborative Group Activity
• Work in collaborative groups of 4-5 students
to discuss the steps of the justice system & the
rights of a juvenile in the justice system
according to your assigned scenario.
• Each group will share their scenario & the
group responses with the class.
Ticket out the Door Question
In your own words, what is the Seven Deadly
Sins Act that the General Assembly made law
in 1994?