The Structure of Georgia’s Court System

State Courts Number : 70 Jurisdiction: One County Judges are elected Term: 4 years Responsibilities: Preliminary hearings Misdemeanors (criminal) Civil cases Traffic violations Can issue search warrants

Juvenile Courts Number : 159 Jurisdiction: One County Judges are appointed Term: 4 years Responsibilities: Delinquent and unruly offenses by children under 17 Deprived and neglected children under 18 Minors seeking permission to marry or join military

Probate Number : 159 Jurisdiction: One County Judges are elected Term: 4 years Responsibilities: Wills and estates Firearm license Marriage license Appointing legal guardians Fish and game violations In counties with NO state courts: Misdemeanors Traffic violations

Magistrate Court Number : 159 Jurisdiction: One County Judges are elected or appointed Term: n/a Responsibilities: Minor criminal cases Civil cases under $15k Civil disputes Search warrants Arrest warrants Small claims court

Superior Court Number : 49 Jurisdiction: Original Judges are elected Term: 4 year s Responsibilities: Civil trials over $15k Criminal trials Felony trials Divorce cases Land titles Several courts hear civil and criminal cases depending on their severity, but Superior Court hears ALL felony trials

Court of appeals Number : 14 divisions Jurisdiction: Appellate 12 Judges are elected to four divisions Term: 6 yrs Responsibilities: Reviews civil and criminal cases previously heard by trial courts

Supreme court Number : 1 Jurisdiction: Appellate 6 Justices 1 Chief Justice Elected Term: 6 yrs Responsibilities: Reviews civil and criminal cases previously heard by trial courts or Court of Appeals Determines if laws are constitutional Challenges elections Death sentences

Which court would handle the case? Scenarios Which court would handle the case?

Scenarios: Which court would handle the case? Michael was Charged with shoplifting, which court will hear his case. State/Magistrate- minor criminal case A prisoner on death row asking for an appeal Supreme Court Herbs grandmother passed away and his family is disputing her will. Probate Court- wills and estates Lacey is unhappy with the court’s decision regarding her worker’s comp case. The Court of Appeals An 18 year old boy is going trial for auto theft. Superior Court – criminal trials /felony A company is suing an employee for breach of contract. State or Magistrate Court – Civil cases Rebecca’s appeal has been denied by the Court of Appeals. Supreme court

Scenarios continued: Which court would handle this case? A hunter was caught killing deer out of hunting season Probate Court The FBI needs a warrant to search the premises of a known drug dealer State or Magistrate After receiving a gun for his birthday, where will Jeb get his gun permit. Probate Court- firearm license Connie is suing her neighbor for $3k, the cost of replacing her after the neighbor’s tree fell on it Magistrate Court- civil cases under $5k Christy wants to get married to Bradley, where will they go to receive their marriage license Lynn is 16 and was caught with drugs and alcohol at a party Juvenile Court Jennifer wants to become the legal guardian of her two young nephews. Probate Court – legal guardians

The adult justice system

Adult Justice System Characterized as Civil or Criminal Criminal laws are characterized as felonies or misdemeanors For more serious crimes, defendants are given a trial by jury For less serious crimes a defendants stand before a judge Several courts hear civil and criminal cases depending on their severity, but Superior Court hears ALL felony trials

Pre trial steps Arrest- There is enough evidence that someone has committed a crime serious enough to warrant being taken into 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 where he or she goes before a judge to have the charges brought against them explained and to 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.

Pre trial steps Grand Jury- A group of citizens, called a grand jury, examine 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. During the arraignment, the suspect officially states that they are guilty or not guilty of the offense. If the suspect claims that they are not guilty, the case moves on to trial. Admitting Guilt/Plea deal- The suspect also has the opportunity to plea guilty. If they plea guilty to the charge, the judge will sentence the individual and the case does not go to trial. The suspect also has the choice of plea bargaining and admitting guilt to a lesser offence. If the prosecutor agrees to the plea bargain, the suspect is sentenced for the lesser offense and the case will also not go to trial.

Trial Selecting a Jury: In order to begin the trial, 12 citizens are selected as jurors for the case. In this process, the prosecuting and defending lawyers, along with the judge, can ask the juror questions to determine if they should serve on the trial. Opening Statements: Once the trial begins, both attorneys are given the opportunity to speak directly to the jury to explain what they hope to prove in the case. Presentation of evidence: During the case, witnesses are called to the stand to give testimony. The process starts with the prosecuting attorney calling a witness who he or she hopes will prove the guilt of the defendant. The defendant’s attorney is given the opportunity to cross-examine the witness. Closing statements: After all of the witness have had a chance to speak, both attorneys present their final arguments in the case.

Trial Jury deliberation and verdict: After the final arguments, the jury is asked to discuss amongst themselves if they think the defendant is guilty or not. Once they make their decision, they notify the judge. If the verdict is not guilty, the defendant is released. Sentencing: If the jury finds the defendant guilty, the judge sentences the defendant, telling him/her the amount of time he/she will spend in prison and how much they owe in damages. Appeal: If the defendant maintains his or her innocence or if there were mistakes made in the case, the defendant can make an appeal where an appellate court will review the case. If they overturn the ruling, the case goes back to superior court for a new trial.

Jury Selection

Opening Statements

Presentation of Evidence

Closing Statement Part Two Part One

Jury Deliberation

Sentencing

Appeal