Chapter 6
Georgia’s Juvenile
Justice System
Juveniles
• In 1906 the Georgia General Assembly passed
a law that established a special court for
juveniles.
• Juvenile courts handle all cases involving
deprived and neglected children under 18,
delinquent and unruly offenses committed by
children under 17 years of age, and traffic
violations committed by drivers under 18.
Juveniles
• A deprived child is the legal term for a
child under 18 who does not have
adequate food, shelter or protection. The
child is not at fault; the state prosecutes
parents or guardians who endanger or
neglect children under their care.
Georgia’s Division of Children and Family
Services (DCFS) steps in when a child may
be the victim of physical or psychological
abuse. A parent’s addiction to alcohol
and drugs is a common reason.
• A guardian ad litem is a person appointed
by the juvenile court to represent the
child’s best interest in any legal
proceedings where the child’s rights and
parent’s rights appear to be at odds. For
ex. A custody battle.
Unruly Child
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A child who commits an act that would not be considered a
crime if committed by an adult is called an unruly child or
status offender.
Often described as “unmanageable” or “disobedient.”
Ex. Absent from school on regular basis without excuse
(truant).
Run away from home.
Disobeys reasonable commands from a parent or guardian.
Hangs around city streets or other public places between
midnight and 5:00 am.
In possession of alcoholic beverages.
Disobeys the terms of supervision contained in a court order.
An informal adjustment sets up family counseling and a plan of
supervision for a child.
Juvenile Delinquent
• A juvenile delinquent is someone under
seventeen who has committed a delinquent
act and is thought to be in need or treatment
or rehabilitation. A delinquent act is the term
used to describe an act that would be a crime
if committed by an adult. EX. Burglary and car
theft.
Juvenile Courts and Justice-Section 2
• Juveniles have the same basic legal rights that
other citizens have.
• Juvenile cases are decided by a judge not a jury.
• If a juvenile commits a felony or misdemeanor, he
will be detained by police. If there is reasonable
suspicion the person has committed the crime, he
can be placed in custody rather than arrested in a
regional youth detention center (RYDC).
• A juvenile court officer which is an intake officer
will arrive to make an intake decision. The intake
officer investigates the charges and determines the
next step in the process.
Juvenile Courts and Justice
• The intake officer has four options:
– Recommend to the judge that the case be
dismissed.
– Handle the case through an informal
adjustment, setting up counseling and other
conditions.
– Move the case to a child services agency.
– File a petition for a detention hearing.
Within 48 hours of being detained, a juvenile court
judge reviews the intake officer’s report and
determines how to handle the case. The Juvenile
will continue to be detained or released on bail.
Juvenile Courts and Justice
• Adjudicatory hearings are somewhat like a trial.
Also present will be the judge, attorneys, parents
and witnesses.
• The judge reads the charges stated in the petition
and asks the juvenile to either admit or deny the
charges. If he denies the hearing continues.
• The judge hears the case and decides if the
charges are a delinquent act. If he is not guilty he
is released. If he is guilty there will be a hearing
to determine the consequences.
Juvenile Courts and Justice
• A dispositional hearing is similar to sentencing in adult court.
• The judge may release the juvenile, put him on probation, place
him in custody of the Department of Juvenile Justice, designate him
a felon to be confined, sentence him to a YDC or to DCFS or transfer
the case to superior court.
• Probation is a form of punishment that is served outside of, or in
some cases, instead of confinement.
• The juvenile’s behavior is closely monitored on probation.
Probation may include public service, a fine, counseling, wearing an
electronic monitoring device, suspension of a driver’s license.
Seven Delinquent Behaviors
• The seven most serious crimes (The
Seven Deadly Sins) that will allow a juvenile to be tried as
an adult are:
Murder
Voluntary Manslaughter
Rape
Aggravated Sexual Battery
Aggravated Child Molestation
Aggravated Sodomy
Armed Robbery
Aggravated describes something that makes the crime worse or more
severe.
Seven Delinquent Behaviors
• Murder is the intentional killing of another person.
• Voluntary manslaughter is what occurs when someone
takes the life of another person as a result of sudden,
violent passion. It is not premeditated.
• Rape, aggravated sexual battery, aggravated child
molestation and aggravated sodomy all involve forced
sexual acts committed without consent on unwilling or
underage victims.
• Rape is a forced sexual act committed unwillingly or
without consent. Statutory rape is when one of the parties
has not yet reached the age of consent (16).
• Armed robbery occurs when an offender takes the property
of another person while using a weapon.