Georgia Studies Unit 8 – Judicial Branch in Georgia Lesson 6 – Juvenile Justice Study Presentation

Lesson 6 – Juvenile Justice ESSENTIAL QUESTION How are juveniles treated differently under Georgia’s judicial system? This is an essential question for this section of the chapter.

Juvenile Justice System GA in 1906 passed a law establishing juvenile courts 1911 Fulton County set up the 1st juvenile court Juveniles – citizens under the age of 17 Delinquent Act – an act that would be considered a crime if committed by adult Status offense – act that would not be a crime if committed by adult Truancy – failure to attend school

The Purpose of the Juvenile System Help and protect the well being of children To make sure that any child coming under the jurisdiction of the court receives the care guidance, and control needed To provide care for children who have been removed from their homes Juveniles are taken into custody

Juvenile Court’s Jurisdiction Traffic Offenses Delinquent Juveniles Unruly Juveniles – those who commit status offenses (running away, truancy) Juveniles under probation Deprived Juveniles – children who are neglected or abused Children needing mental health services Judicial consent for marriage, employment, etc. of a juvenile

Juvenile Justice Juvenile – Any person, in the state of GA, under the age of 17. Unruly Behavior – Is considered a status offense when committed by children (would not be a crime if committed by an adult). Examples of unruly behavior: Child refusing to go to school (Truancy). Child habitually disobeys parents or caregivers. Child runs away from home. Loitering (child roams the streets or “hanging out”) between midnight and 5 A.M. Disobeying supervision terms after previous finding of unruly (told to not do something and you do it). Going to bar without parent. Underage possession of alcohol/tobacco. HB 242 – In 2013, House Bill 242 changed the terminology for juvenile offenders from Unruly Behavior to “Children in Need of Supervision” or CHINS Behavior. A child showing unruly behavior may be given treatment (if offense involves alcohol or drugs) and may be committed to a place of detention ran by GA’s Department of Juvenile Justice.

Juvenile Justice Delinquent Behavior – When a child commits a crime it is considered delinquent behavior. A child who is less than 13 years old cannot be tried for a crime in GA. A child between 13 and 17 years old will be punished according to the law. This may include spending up to five years in a juvenile detention facility. Rights of Juvenile Offenders: Right to Notice of Charges Right to a lawyer (Counsel) Right to Confront and cross-examine witnesses Right to No self-incrimination Right to written transcript of proceedings Right to Appellate review Right to bail Right to proof beyond reasonable doubt Right to No “double jeopardy”

Juvenile Justice Process Children thought to be delinquent are taken into custody (Intake) and their parents are notified. Children may then be released to the parents or detained (held) at a Regional Youth Detention Center or in a community shelter or foster home. The next step is a Probable Cause Hearing. A judge looks over the case to determine whether the children should be released or detained further. The next step is a Adjudicatory Hearing (equivalent of adult trial). A judge decides whether the charges are true or not. If the judge decides the charges are untrue the case can be dismissed. The next step is a Dispositional Hearing (equivalent of adult sentencing). At this hearing the judge decides the course of treatment, supervision, or rehabilitation that the delinquent, unruly, or deprived child should undergo. The judge may decide that probation if necessary. In some serious cases the judge may transfer the case to a superior court where the child will be tried as an adult. The different courts each have their own job and jurisdictions.

Juvenile Justice System Age/Nature of Offense 0-12 13-14 15-16 17 18+ Status offense J N/A Traffic offense A Delinquent act which would not be a felony for adult Delinquent act which would be felony for adult J but can be transferred to A Delinquent act/crime which is (a) punishable by death or life imprisonment or (b) aggravated battery resulting in serious bodily injury to victim, but which is not a deadly sin Deadly sin

Difference in Terminology Adult Juvenile Crime Offense Arrest Taken into custody Trial Adjudicatory Hearing Conviction Adjudication Sentence Disposition = = = = =

Seven Deadly Sins Act Passed in 1994 youths charged with certain violent crimes could be tried as adults They would fall under the jurisdiction of the superior court Some of the crimes are murder, rape, and armed robbery with a firearm.

The Seven Delinquent Behaviors Seven Delinquent Behaviors – Behaviors that are automatically outside the jurisdiction of juvenile court (transferred to Superior Court, where the juvenile will be prosecuted as an adult). Children between the ages of 13 and 17 who are thought to have committed any of these crimes will be tried as an adult: Murder Voluntary Manslaughter Armed Robbery with a firearm Rape Aggravated Sodomy Aggravated Sexual Battery Aggravated Child Molestation

Murder Committed with Malice Thought about ahead of time, express or implied Life in prison for juvenile – probation after 30 years

Voluntary Manslaughter Causes Death The result of a sudden, violent, and irresistible passion. Resulting from serious provocation

Armed Robbery with a firearm People are robbed. Houses are Burglarized Person has to be present, Gun has to be real. Life in prison

Sexual Crimes Consequences Life in prison without parole Life in prison with possibility of parole after 25 or 30 years. Register as a sex offender