Thursday, January 23rd Grab a yellow, orange and white sheet from the front table. Have your local government webquest on your desk. Read the front and back of the white sheet. You are keeping these sheets, so feel free to underline or highlight them. When you are finished reading, answer these questions in your warm-up section: What is the difference between unruly and delinquent behavior? What are some offenses that can subject a juvenile to the adult criminal process?

Remember Tomorrow: Mr. Fitzpatrick. Come prepared to learn and ask questions. Monday: Review for test Tuesday: Judicial Branch and Justice System Test Warm-ups Vocabulary Judicial Branch Chart - Structure of Georgia’s Court System (White) Georgia’s Justice System (Yellow) Settling Disputes Peacefully (Salmon) Juvenile Justice (Orange)

The Juvenile Justice system was created to both protect and bring justice to child offenders who are under the age of 17. A child who is under 13 cannot be tried for a crime in Georgia. Unruly Act or Status Offense Unruly Behavior is behavior that would not be criminal if committed by an adult. It is also called a status offense because the offense (wrongdoing) is based on their status (current condition) as a juvenile. The juvenile is considered a status offender.

Examples: refuses to go to school disobeys parents/caregivers (incorrigible) runs away from home roams about on the streets between midnight and 5:00 AM (curfew) is caught with alcoholic drinks in hand Punishment: Sometimes status offenses are handled by offering appropriate adult supervision, or with drug or alcohol treatment (if necessary). If the court decides unruly behavior is serious, the child may be committed to a Regional Youth Detention Center or a Youth Development Campus

Theft Assault Battery Possession of drugs Delinquent behavior A delinquent act is an act committed by a juvenile that would be a criminal offense according to adult law. If an adult committed the act, it would be considered a crime. The child is considered a delinquent child or a juvenile delinquent. Examples: Theft Assault Battery Possession of drugs

What about really serious delinquent behaviors? There are seven delinquent behaviors that can lead a juvenile (13-16) directly to the adult court system. Aggravated child molestation Aggravated sexual battery Aggravated sodomy Murder Rape Voluntary manslaughter Armed robbery with a firearm

Rights of Juveniles when taken into custody Unlike adults, in order for a juvenile to be taken into custody, the law enforcement officer must only have probable cause that the juvenile committed an offense. The right to have a parent or guardian present before they are questioned by authorities The right not to have their names or photographs made public The right to two phone calls (parent and attorney) The right to not self-incriminate and to be counseled on the topic of self-incrimination The right not to be placed with adult offenders The right for parents to be contacted immediately In addition to the above rights, juveniles also have these same rights as adults, such as the right to have a lawyer, the right to cross-examine witnesses, the right to provide evidence and witnesses to support own case, the right to remain silent, and the right to appeal.

Steps in the Juvenile Justice Process Taken into custody: (the equivalent of arrested in the adult justice process) A youth may be taken into custody if there are reasonable grounds to believe that he or she has committed a delinquent act or a status offense Intake: The juvenile is turned over to the juvenile court intake officer, who investigates the case. The intake officer must decide if there is enough evidence (probable cause) to support the charges made against the juvenile. If there is not enough evidence, the intake officer must release the juvenile. If there is enough evidence to think the juvenile may be guilty of the charges, the intake officer may release the juvenile into the custody of his or her parents or legal guardian. In Georgia’s juvenile system, most juveniles are not detained but are released into the custody of parents or guardians. detain the juvenile. Juveniles who are detained are housed in one of the state’s Regional Youth Detention Centers.

Detention: If the juvenile is detained, a probable cause hearing before the juvenile judge must be held within seventy-two hours. At that point, the judge has three options: dismiss the case have an informal adjustment. Generally, an informal adjustment is held for first offenders. The juvenile and his or her parents or guardian must agree to the informal adjustment, and the young person must admit the wrongdoing. The juvenile is under the supervision of the court for at least ninety days. have a formal hearing

3. have a formal hearing The first part of the formal hearing is the adjudicatory hearing, which is somewhat like a trial. The juvenile judge hears the case against the juvenile and the juvenile’s defense. There is no jury. After listening to all of the evidence, the judge decides whether or not the child is guilty of committing a delinquent act. If found not guilty, the juvenile is released. If found guilty, the court schedules a second hearing. The second part of the formal hearing is called the dispositional hearing. In this part, the judge determines the punishment for the offense. At this hearing, both the prosecutor and the defense can call witnesses and present evidence that might influence the judge’s sentence.

Sentencing: The judge may select from a number of options Sentencing: The judge may select from a number of options. The judge may: release the juvenile to the custody of parents or legal guardian with no court supervision place the juvenile on probation place the juvenile in a youth development center for up to ninety days commit the juvenile to the Department of Juvenile Justice send the juvenile to a special program such as boot camp assign other punishments (such as restitution and fines) and special conditions of probation (such as mandatory school attendance, community service, counseling, suspension or prohibition of driver’s license).

Appeal : As a final step in the process, a juvenile has the right to appeal his or her case. The court as the right to extend its custody or supervision of the juvenile for up to five years.