Criminal Justice & Georgia’s Judicial System

What Is A Crime?  A Crime is an action (by a person), in which a society has deemed it as inappropriate, and has outlawed it.  Societies usually breakdown crimes into two categories:  1.) Mala In Se – A crime that is bad in itself. The majority of societies view the action as a negative behavior (murder & rape).  2.) Mala Prohibita – A crime that is bad because a certain society views it as a negative behavior (drugs & prostitution)

Classifications of Crimes In the U.S.  In the U.S., crimes are categorized based on their seriousness  1.) Summary Offenses – Least serious crimes (traffic citations)  2.) Misdemeanors – Less serious but more serious than summary offenses. Punishable by one to twelve months in jail or a fine up to $1,000 (DUI & criminal trespass).  3.) Felonies - Very serious crimes punishable by more than a year in prison and/or a fine of $1,000 and up (murder, rape, robbery). When the crime is punishable by death it is known as a Capital Felony.

Civil Cases  Unlike a criminal case, a civil case involves a dispute between two or more parties. (citizens & businesses). This type of case is also known as a lawsuit.  Plaintiff - The party who brings the legal action.  Defendant – The party against whom the action is brought.

Criminal Cases  In a criminal case, it is the state’s responsibility to prosecute – charge someone with a crime; the state is responsible for proving someone’s guilt.  Police Officers – Make the arrest  District Attorneys – Prosecute the individual.

Types of Laws  Constitutional Law  Statutory Law  Administrative Law  Case Law

There are four kinds of law: There are four kinds of law: 1. Constitutional law Written provisions of U.S. and state constitutions 2. Statutory law Written law enacted by legislative bodies 3. Administrative law Written law rules and regulations of executive agencies 4. Case law Court interpretations of written law and common law (legal rights and duties that courts have decided exist in situations not covered by written law)

Georgia’s Court System  Georgia’s courts operate under different jurisdictions: 1.) Original – first court to hear a case & 2.) Appellate – review decisions made by lower courts. Courts Municipal “City” Courts – limited jurisdiction: warrants, traffic offenses, ordinances (city law). Magistrate Courts – limited jurisdiction: pretrial proceedings, warrants, bail, civil under $5,000.

Courts Continued  Juvenile Courts – limited jurisdiction: crimes & traffic offenses under 18 yrs. of age.  State Courts – limited jurisdiction: civil cases, traffic offenses, & misdemeanors.  Superior Court - original: Felonies & Divorces & Appellate: over lower courts.  Court of Appeals (12 Judges) - Appellate jurisdiction in cases not reserved to the GA Supreme Court.

Georgia Supreme Court  7 Justices  Appellate Jurisdiction  Hears appeals involving: constitutional issues, capital felonies, contested elections, titles to land, wills & divorces

Criminal Justice Process Due Process – All rights outlined in the U.S.Constitution must be applied by the states. Due Process – All rights outlined in the U.S.Constitution must be applied by the states. Steps In The C.J. Process 1.) Arrest 2.) Booking – official record of the arrest 3.) Initial Appearance – magistrate provides the following: explanation of the charge, bail, attorney (if indigent – means poor). 4.) Preliminary Hearing – a magistrate determines if probable cause is present.

Continued 5.) Grand Jury (Indictment) – 16 to 23 citizens – determines if there is enough evidence to charge the suspect. 6.) Arraignment – (Superior Court) – charges are read and a plea is entered. 7.) Plea Bargain - plead to a lesser charge. 8.) Trial – jury selection, opening statements, presentation of the case, closing statements, deliberation and verdict. 9.) Appeal

Juvenile Justice In the state of Georgia, individuals under the age of seventeen (juveniles) are treated differently from adults. In the state of Georgia, individuals under the age of seventeen (juveniles) are treated differently from adults. There are Juvenile Courts, which deal entirely with types of Juvenile offenders: There are Juvenile Courts, which deal entirely with types of Juvenile offenders: 1.) Delinquent Juveniles 1.) Delinquent Juveniles 2.) Unruly Juveniles 2.) Unruly Juveniles 3.) Neglected Juveniles 3.) Neglected Juveniles