The structure of the Adult Judicial System

Types of Courts Appellate: Courts whose responsibility is to review prior court cases No witnesses are heard There are multiple judges in the courtroom to hear the argument Focus is on the questions of the law and interpret the law. Trial: The court where most cases are heard first. Both sides present their side of the story Only one judge hears evidence and makes a decision Jury Focus on the evidence and administer justice

Supreme Type of Court How Judges are selected Supreme Responsibilities Number of courts How Judges are selected Jurisdiction Supreme -reviews decisions made in civil or criminal cases by trial or Court of Appeals. -determine if laws are constitutional -challenges to elections -death sentences 1 6 Justices and 1 Chief Justice. Elected to six year terms (statewide, nonpartisan elections). Appellate (only reviews cases on appeal from lower-ranking courts.)

Court of Appeals Type of Court How Judges are selected Responsibilities Number of courts How Judges are selected Jurisdiction Court of Appeals -Reviews civil and criminal cases previously heard by trail courts. 4 divisions 12 judges assigned to 4 panels. Elected to six year terms (statewide, nonpartisan elections) Appellate (only hears cases appealed from lower ranking courts.)

Superior Type of Court How Judges are selected Superior -Civil trials Responsibilities Number of courts How Judges are selected Jurisdiction Superior -Civil trials - Criminal trials - Felony trials -Divorce cases -Land titles 49 circuit courts Elected to 4 year terms (circuit-wide, nonpartisan elections) Original

Magistrate Type of Court How Judges are selected Magistrate Responsibilities Number of courts How Judges are selected Jurisdiction Magistrate -Issue warrants - Minor criminal cases - Civil cases ($15,000 or less) -Civil disputes -Search and arrest warrants 159 Either elected or appointed Limited to one county

Probate Type of Court How Judges are selected Probate Responsibilities Number of courts How Judges are selected Jurisdiction Probate -Wills and estates -Marriage licenses - Firearms licenses -Appointing legal guardians -Traffic violations (for counties with no state courts) -Misdemeanors (for counties with no state courts) -Violations of game and fish laws 159 Elected to 4 year terms (countywide, nonpartisan elections) Limited to one county

Juvenile Type of Court How Judges are selected Juvenile Responsibilities Number of courts How Judges are selected Jurisdiction Juvenile -Delinquent and unruly offences by children under 17 -Deprived and neglected children under 18 -Minors seeking permission to marry or join military 159 Appointed by superior court judges to four year terms. Limited to one county

State Type of Court State 70 Responsibilities Number of courts How Judges are selected Jurisdiction State -Misdemeanors -Preliminary criminal case hearings -Civil cases -Can also issue search warrants 70 Elected to four year terms (countywide, non-partisan elections) Limited

Interpreting or Justice? Court rules that the owner of a dog that dug up Mrs. Floyd’s prize roses must pay to replace the roses. Court declared the use of random traffic stops and search and seizure to be unconstitutional. Marcus gets a speeding ticket for going 75 in a 55 mph zone. He has to pay $100 and go to driving school. The Supreme Court rules that students have the right to color their hair any color they want.

Desk top Review How are the Supreme Court of Georgia Justices selected? How are the Juvenile judges selected? How is the Superior Court judge selected? Which court handles Unruly and Delinquent minors? Which court handles wills and estates, firearms licenses, and marriage licenses? Which type of court only hears cases that were heard in lower courts? Which type of court only hears original cases with testimony and witnesses? What are the two purposes of the Judicial branch?

Civil Law Criminal Law Define   Civil Law Criminal Law Define A dispute between two or more persons or a group.  Cases involving violations of the law. Types Marriages/divorce Custody of children Property rights Inheritance Contracts citizenship  Felony – a serious crime, probably involves violence. Ex: burglary or murder  Misdemeanor – less serious crime Shoplifting, traffic citations, assault Punishment Obey court orders Plaintiff brings legal actions against the defendant Compensation Correction of wrong doings Felony – at least one year or more of prison and at least $1,000 fine or both. Misdemeanor – less than one year in jail at least $1,000 fine or both.

Adult Criminal Justice Process There is enough evidence to show that an adult has committed a crime. What happens next? Not this:

Steps in the Criminal Justice Process for serious crimes Pretrial Arrest: if there is enough evidence that someone has committed a crime serious enough, then the person could be 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 an explanation of the charges being brought against the suspect. A determination is made concerning bail.

Pretrial Preliminary hearing: The magistrate judge determines if there was a crime committed and if there is probable cause that the suspect was involved in the crime. Grand jury indictment: a group of citizens, called a grand jury, examines 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 an indictment. The person is considered indicted.

Pretrial Arraignment before Superior Court: upon receiving the indictment, the accused is then arraigned and brought before a superior court judge. During the arraignment, the accused officially states if they are guilty or not guilty of the offense. If the accused pleads not guilty, the case moves on to trial, and the suspect is referred to as the defendant. If the accused pleads guilty, the judge will sentence the individual and the case does not go to trial. If a plea bargain is offered, the accused admits guilt to a lesser offense. The prosecutor must agree to the plea bargain, and the accused is sentenced for the lesser offense and will not go to trial.

Trial Jury Selection: The judge, prosecuting attorney and defense attorneys can ask the prospective jurors questions to determine if they should serve on the jury for the trial. Twelve citizens are then selected as jurors for the case. Opening Statements: Once the trial begins, both attorneys are given the opportunity to directly address 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 prosecuting attorney calls witnesses in hopes of proving the guilt of the defendant. The defense attorney has the opportunity to cross-examine the witnesses.

Trial Closing statements: after all the witnesses have testified, both attorneys present their final arguments to the jury. Jury deliberation and verdict: after the final arguments, the jury is asked to discuss among themselves if they think the defendant is guilty beyond a reasonable doubt. Once the decision is made, they notify the judge. If the verdict is not guilty, the defendant is released.

Trial Sentencing: If the jury finds the defendant guilty, the judge sentences the defendant (years in prison or fines) Appeal: If the defendant maintains his or her innocence, or if there were mistakes made during the trial, the defendant can make an appeal. An appellate court will review the case. If they overturn the ruling, the case goes back to superior court for a new trial.

Steps in the Criminal Justice Process for serious crimes Pretrial Arrest: if 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 an explanation of the charges being brought against the suspect. A determination is made concerning bail.

Pretrial Preliminary hearing: The magistrate judge determines if there was a crime committed and if there is probable cause that the suspect was involved in the crime. Grand jury indictment: a group of citizens, called a grand jury, examines 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 an indictment. The person is considered indicted.

Pretrial Arraignment before Superior Court: upon receiving the indictment, the accused is then arraigned and brought before a superior court judge. During the arraignment, the accused officially states if they are guilty or not guilty of the offense. If the accused pleads not guilty, the case moves on to trial, and the suspect is referred to as the defendant. If the accused pleads guilty, the judge will sentence the individual and the case does not go to trial. If a plea bargain is offered, the accused admits guilt to a lesser offense. The prosecutor must agree to the plea bargain, and the accused is sentenced for the lesser offense and will not go to trial.

Trial Jury Selection: The judge, prosecuting attorney and defense attorneys can ask the prospective jurors questions to determine if they should serve on the jury for the trial. Twelve citizens are then selected as jurors for the case. Opening Statements: Once the trial begins, both attorneys are given the opportunity to directly address 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 prosecuting attorney calls witnesses in hopes of proving the guilt of the defendant. The defense attorney has the opportunity to cross-examine the witnesses.

Trial Closing statements: after all the witnesses have testified, both attorneys present their final arguments to the jury. Jury deliberation and verdict: after the final arguments, the jury is asked to discuss among themselves if they think the defendant is guilty beyond a reasonable doubt. Once the decision is made, they notify the judge. If the verdict is not guilty, the defendant is released.

Trial Sentencing: If the jury finds the defendant guilty, the judge sentences the defendant (years in prison or fines) Appeal: If the defendant maintains his or her innocence, or if there were mistakes made during the trial, the defendant can make an appeal. An appellate court will review the case. If they overturn the ruling, the case goes back to superior court for a new trial.