Georgia’s Judicial Branch

Georgia’s Judicial Branch Standard: SS8CG4 Analyze the role of the judicial branch in Georgia state government. Describe the ways that judges are selected in Georgia. Analyze the dual purpose of the judicial branch to interpret the laws of Georgia and administer justice in our legal system. Explain the difference between criminal and civil law. Explain the steps in the adult criminal justice system beginning with arrest.

Overview of Courts J J TRIAL COURTS All cases begin here Searching for the facts Courts: Superior State Juvenile Probate Magistrate APPELLATE COURTS Only hear appeals from lower trial courts Ensure trial courts interpret the law correctly Courts: Court of Appeals Supreme Court J J Judges serve 4 year terms. Judges serve 6 year terms.

Court Jurisdiction Jurisdiction: a court’s authority over the types of cases they are allowed to hear. Supreme Court Review trial court cases Determine constitu-tionality of laws Challenges to elections Upholds or removes death sentences State Mis-demeanors Prelim. Hearings Civil cases Probate Licenses Minor traffic violations Juvenile Delinquent and unruly cases Deprived and neglected Minors wanting to marry or join military Court of Appeals Review criminal and civil cases heard by trial courts Superior Hears most cases Civil Criminal Felony Divorce Land Titles Magistrate Warrants Minor criminal cases Small claims civil cases Civil disputes

Magistrate (sometimes elected, sometimes appointed) a. Selection of Judges Most judges in Georgia are ELECTED. Judges of juvenile courts are APPOINTED. State Probate Superior Juvenile Magistrate (sometimes elected, sometimes appointed) Court of Appeals Supreme Court

b. Dual purpose: interpret laws and administer justice INTERPRETING LAWS Resolve constitutional challenges Resolve challenges to election results (remember: 1946 governor’s controversy) Review death penalty cases Strike down unconstitutional laws Ensure lower courts are correctly interpreting laws ADMINISTERING JUSTICE Prosecuting crimes Murder Robbery Traffic law Punishing those convicted of crimes Prison Community service Payments/fines Resolving civil disputes Lawsuits

b. Dual purpose: interpret laws and administer justice EXAMPLES: It was determined that a law reducing the number of voting locations was unfair to rural voters. A grocery store clerk goes to prison for one year because he sold drugs to customers at the checkout line. It was determined that preventing students from attending their neighborhood schools based on race was unconstitutional.

c. Criminal and civil law CRIMINAL LAW Laws created to protect society from wrong-doers Punishable with fines, community service, prison time, or the death penalty CIVIL LAW Laws created to deal with relationships amongst individuals Usually involve compensation based on injury or wrongdoing

Breakdown of Criminal Law Felonies Misdemeanors Criminal Law Include less serious crimes like petty theft, public intoxication, reckless driving, and vandalism Punishments: at most a year in prison, and/or a fine Include more serious crimes like murder, aggravated assault, kidnapping, and arson Punishments: minimum of 1 year in prison p p p Extremely serious crimes like treason, aircraft hijacking, kidnapping with bodily harm, and murder Potential death penalty Capital Crimes

c. Criminal and civil law EXAMPLES: Homicide Child custody dispute Running a red light Obstruction of justice Damaging property Divorce Assault Bankruptcy Breaking a contract Possession of illegal substances Defamation of character

d. Steps of the adult justice system DEFNENDANT: individual charged with wrong-doing PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant I. Arrest: enough evidence to take someone into custody for possibly committing a crime 2. Booking: An official arrest report is made and suspect is held in jail. f f f f 4. Preliminary Hearing: magistrate judge determines if a crime was committed and if there is probable cause that the suspect was involved. 3. Initial Appearance: suspect appears before magistrate court. Judge explains charges and determines if bail will be set. f f

d. Steps of the adult justice system DEFNENDANT: individual charged with wrong-doing PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant 5. Grand Jury Indictment: group of citizens examines evidence to determine if suspect should be charged with a crime. (This is not the trial.) If enough evidence exists, they issue an indictment, which is a formal charge of a crime. 6. Arraignment: formal reading of the charges f f 7. Assignment before Superior Court, where the suspect can state guilty or not guilty. Guilty: no trial; later sentence hearing Not Guilty: go to trial or take a plea deal f

d. Steps of the adult justice system DEFNENDANT: individual charged with wrong-doing PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant TRIAL Selecting a petit jury (pronounced “petty”) Opening statements Evidence and witnesses Closing statements Jury deliberation and verdict Sentencing Appeal