Today is Thursday, March 27th Warm up: Answer the following questions on your warm up sheet: 1. What is a court’s jurisdiction? 2. How is the Supreme Court and the Court of Appeals different from the rest of Georgia’s courts? Agenda: -Courts -Pretrial/Trial Process Quiz on Judicial Branch 4/10 Government Test 4/16

Georgia’s Judicial Branch What is the dual purpose of the judicial branch? How are judges selected in Georgia? What is the difference between criminal and civil cases?

Three ways judges acquire their positions are: Two Types of Courts Trial Courts Appellate Courts First hearing of a case Jury Trials Not a trial Review evidence and decision of a trial court Uphold or overrule the trial court’s decision Three ways judges acquire their positions are: Partisan election Non-partisan election Appointed

 ONE COURT PER COUNTY IN GEORGIA  Supreme Court 9 Justices (elected 6 year terms) Nonpartisan Court of Appeals 15 judges (elected 6 year terms) Nonpartisan Superior Court 49 circuits Population determines the # of counties in a circuit (elected 4 year terms) State Court (elected 4 yr. terms) 70 Courts Juvenile Court (appointed 4yr Terms) 159 Courts Probate Court (elected 4yr term) Partisan Not a trial court Magistrate Court (elected or appointed 4yr) Smaller counties do not have a state court  ONE COURT PER COUNTY IN GEORGIA 

REVIEW Open your textbook to page 110- 116. Review EACH of the following courts and be ready to discuss their jurisdiction. Superior State Probate Magistrate Juvenile

Judge selection Qualifications Responsibilities Elected (nonpartisan) 4 year term 30 years old Lawyer for 7 years Resident of circuit Criminal Cases Felonies Civil cases Over $15k Divorce

State Court Judge selection Qualifications Responsibilities Elected (non partisan) 4 year terms 25 years 3 years in state Lawyer for 7 years Less serious criminal cases- like traffic violations Issues warrants Search Arrest Small counties may not have (70)

Probate Court Judge selection Qualifications Responsibilities Elected (partisan) 4 year term U.S. Citizens Resident of county for 2 years In counties with more then 96k = 30 years/ 7yrs in law All other counties 25 yrs and high school diploma Wills and estates Licenses Marriage Firearms Print and count election ballots Legal guardians of elderly or mentally ill

Magistrate Court Judge selection Qualifications Responsibilities Elected or appointed (partisan) 25 years High school diploma Resident of county for 1 year Issues warrants Civil cases less than $15k Minor criminal cases No jury trials People can represent themselves in court

Juvenile Court Judge selection Qualifications Responsibilities Appointed (by Superior) 4 year term 30 years of age Lawyer 7 years Cases of deprived and neglected children under 18 Delinquent or unruly children under 17 Traffic violations committed by juveniles No juries

Court of Appeals Judge selection Qualifications Responsibilities Elected (nonpartisan) 6 year term State resident Practice law for 7 years Hear cases being appealed from lower courts The correct legal errors made at the trial level Reads transcripts, and briefs from the original trial

Supreme Court Judge selection Qualifications Responsibilities Nine Justices Elected (nonpartisan) 6 year term Nonpartisan Chief Justice is head of court and elected by the other justices. State resident Practice law for 7 years Decides if laws passed by the legislature are constitutional Death penalty case Decisions are final unless a federal law or U.S. constitution are involved

Why do you think judges are elected in NON-PARTISAN elections? Let’s Summarize Juvenile and Magistrate No Juries Appointed Magistrate and Probate Partisan Elections Most judges are elected in non-partisan elections Juvenile judges are appointed Magistrate can be appointed or elected depending on the county Why do you think judges are elected in NON-PARTISAN elections? Magistrate and probate represent a political party in elections Probate is not really a trial court. They issue paperwork Magistrate handles smaller criminal and civil cases WHICH TWO COURTS HAVE SIMILAR JURISDICTIONS? How can we keep them apart? State and magistrate State Similar Magistrate Not every county has one Traffic violations Lesser criminal offences Issue warrants One in EVERY county Civil less than $15k NO JURY trials

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

Answer on your warm –up sheet Friday, March 29th Agenda: Warm Up: Adult Trial Process Hmwk- Have a great break Answer on your warm –up sheet Which TWO courts appoint judges instead of elect them? What TWO courts do not have a JURY? What TWO courts have a partisan election? What is the term a judge serves for trial courts? What is the term a judge serves for Supreme Court and Court of Appeals?

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 Herb’s 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. Superior 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 roof 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 95 year old grandmother with dementia. Probate Court – legal guardians

http://www.pbs.org/video/georgia-stories-judicial-branch/

The adult justice system Pretrial and trial steps

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 trail Steep 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 offense. 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 witnesses have had a chance to speak, both attorneys present their final arguments in the case.

Trial 5. 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. 6. 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. 7. 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

Cross Examination

Closing Statement

Jury Deliberation

Sentencing

Appeal