PART 2 JUDICIAL BRANCH INTERPRETS THE LAW

SS8CG4 JUDICIAL BRANCH  1 - Court System: Supreme Court Court of Appeals Trial Courts other courts

SUPREME COURT  Highest ranking court in Georgia  6 year terms  7 judges  Popular vote/dies or resigns-governor appoints replacement  Is an appellate court  Reviews decisions from lower courts  Interprets the state constitution  Reviews all GA cases involving death penalty  Has final say in matters of law

COURT OF APPEALS  2 nd highest ranking court in Georgia  12 judges/ 1 member is selected by members to serve as Chief Judge  6 year term  Popular vote  Is an appellate court  Hears cases from lower courts

TRIAL COURTS  Hears original cases  Criminal or Civil  Superior Courts-hear cases involving state law---highest ranking trial court  Juvenile Courts-hear juvenile cases  State Courts-hear civil and misdemeanor criminal cases

OTHER COURTS  Probate courts  Small claims courts  Municipal courts  Justices of the peace  Traffic violations -appoints guardians  Game and fish law violations –issue arrest warrants  Minor traffic offenses -issue search warrants  Will/disposition of estates –violation of ordinances

Criminal cases State takes legal action against someone who has been arrested for committing a crime The state bears the burden of proof Murder Robbery Rape

CIVIL CASES  Between 2 or more parties  Are personal  Plaintiff brings legal action against defendant and has to bear the burden of proof  Citizenship  Property rights  Child custody  Contracts  Marriages/divorces  inheritance

TRIAL COURTS 1. Grand Jury Determines whether or not persons accused of crimes should be indicted (officially charged and required to stand trial) 2. Trial Jury A group of citizens who are charged with judging a person charged with a crime

STEPS IN CRIMINAL JUSTICE PROCESS  State or prosecution files criminal charges against an individual----  Trial determines guilt or innocence

CRIMES  1. felony: serious crime punishable by one or more years in prison, a fine of at least $1,000 or BOTH  2. misdemeanor: a less serious crime punishable by less than one year in prison, a fine of less than $1,000 or BOTH

AVOIDING TROUBLE/SETTLING DISPUTES  Mediation  Arbitration  Compromise  Negotiation  Collaboration  Nonviolence

LOCAL GOVERNMENTS  SS8CG5  COUNTY- CITY - SPECIAL PURPOSE GOVERNMENTS

1. COUNTY GOVERNMENTS  Authorized by state charter  Carries out certain government functions:  Power to tax  Cost of county administration  Police/legal system  Roads/bridges  Public health  Free medical care  Assistance to dependent children  Parks/libraries  Public education

MOST COUNTY GOVERNMENTS ARE HEADED BY ELECTED BOARDS OF COMMISSIONERS.  Board of Commissioners  4 year terms  Popular vote Clerk of superior court Judge of probate court Tax commissioner Sheriff Coroner

COMMISSIONERS HAVE THE AUTHORITY TO :::  County policies & ordinances  County budget  Establish tax rates  Provide services to people of county

COUNTY OFFICIALS  Appointed positions  County clerks  Attorneys  Tax assessors

2. CITY GOVERNMENT  A City exists as a political unit when it receives a charter form the state legislature  200 residents  3 miles from boundary of another city  60% of its land is divided into tracts for residential, business, industrial, institutional, or governmental purposes

 Follows whatever the city charter authorizes  Provides:  Police protection  Licenses to businesses  Traffic control  Water and sewage services

DIFFERENCES: COUNTY/CITY  Provide different services to the county and the city they serve

TYPES OF CITY GOVERNMENTS

WEAK MAYOR COUNCIL  City council has both legislative and executive powers  Mayor has limited powers, appoints few city officials, and has little veto power  Mayor is more a figurehead who presides over council meetings and performs other ceremonial duties

STRONG MAYOR COUNCIL  Mayor is a strong leader who proposes legislation, prepares the budget, appoints all department heads, and has veto power  ATLANTA, GEORGIA

COUNCIL MANAGER FORM  Voters elect a city council that establishes laws and policies  Mayor may be elected or named by the council  Council hires city manager who is responsible for daily operation of city, appoints heads of government, and sees that they carry out their jobs

3. SPECIAL PURPOSE GOVERNMENTS  Created for a single job or single group of tasks  School systems  MARTA  Public Housing Authority  fire departments  Parks and recreation authorities  airports  port authorities

 Special Purpose Governments govern themselves  Example: school board  attendance  dress code  behavior/discipline  schedules  Exist to provide for the public’s welfare

JUVENILE OFFENDERS  SS8CG6  Juvenile- a child under 17 years of age

TWO IMPORTANT TERMS  Delinquent Act- would be considered criminal if committed by an adult  (burglary and car theft)  Status Offense- would not be considered criminal if committed by an adult  (running away from home and skipping school)

JUVENILE COURTS  3 main purposes:  To 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

JUVENILE COURTS-JURISDICTION OVER:  Juveniles who commit traffic offenses  Delinquent juveniles  Unruly juveniles  Deprived juveniles  Juveniles under the supervision or probation of the court  Cases involving children who need mental health service

 Proceedings involving judicial consent for marriage, employment, or enlistment in the armed services when such consent is required by law

1. DELINQUENT JUVENILE  A juvenile who commits serious acts that would be considered criminal if an adult had committed them  Is under the age of 17  Thought to be in need of treatment or rehabilitation

2. UNRULY JUVENILE  If the parents cannot manage a young person whose actions would not be considered criminal if he/she were an adult  Absent from school on a regular basis without an excuse (truant)  Has run away from home  Disobeys reasonable commands from parent/guardian  Hangs out (between midnight-5:00a.m.)  Goes to a bar without parent or guardian or is in possession of alcoholic beverages  Disobeys terms of supervision in court order

3. DEPRIVED JUVENILE  One who has been neglected or who needs special help from the court and is under the age of 18  Does not have adequate food, shelter, or protection  Child is NOT at fault  State prosecutes parent or guardians who endanger or neglect children under their care  Abuse or neglect  Physical or psychological abuse  Guardian ad litem-person appointed by juvenile court to represent child’s best interest in legal proceedings

 When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be “taken into custody” rather than “under arrest”.  Juveniles handled under the juvenile justice system have the same basic rights that other citizens have.  Juvenile cases are decided by a judge, not a jury.  Juvenile court proceedings can result in the loss or liberty.

 Juveniles have the right to a fair trial:  They must be notified of the charges against them  They are protected against self-incrimination RIGHTS:  They have the right to an attorney  They have the right to confront and question witnesses against them  The accused has the right to present a defense  The right to introduce evidence  The right to testify on his/her own behalf  The right to have a parent /guardian present in all hearings  If a lawyer cannot be afforded, the court must appoint one to represent the child

STEPS IN PROCESS:  1. INTAKE  GUILTY-Released to custody of parents or they are Detained  2. DETENTION  Probable cause hearing w/in 72 hours  Dismiss  Informal adjustment  Formal hearing

 3. FORMAL HEARING  complaint witness files petition outlining wrong doing  date set for formal hearing/summons issued  Part 1- Adjudicatory Hearing (like a trial)  Judge hears case & the defense  Judge makes decision (guilty/2 nd hearing OR not guilty (released)

 Part 2: Dispositional hearing  Judge determines punishment

 4. SENTENCING a. Released to custody of parents/guardian with NO court supervision b. Placed on probation c. Placed in youth development center (up to 90 days) d. Commit juvenile to Department of Juvenile Justice e. Sent to special program (boot camp) f. Assign other punishment (fines, restitution) & special conditions of probation (mandatory school attendance, community service, counseling, suspension/probation of driver’s license) g. Transfer the case to Superior Court

 5. RIGHT TO AN APPEAL  Court has right to extend its custody or supervision of the juvenile for up to 5 years

6. SEVEN DEADLY SINS  Certain violent crimes committed by juveniles that may result in the courts treating juveniles as adults.  1. murder 6. aggravated sexual battery  2. rape 7. voluntary manslaughter  3. armed robbery  4.aggravated child molestation  5. aggravated sodomy  AGGRAVATED-something that makes a crime more severe/worse

 Just because a youth has been arrested for one of the 7 Deadly Sins does not mean he or she will be tried in the adult system.  Before an indictment, the superior court determines in which court the case will be heard.  If convicted in superior court, the juvenile serves a mandatory 10-year sentence without the possibility of parole.

7. DECISION  Before an indictment (a formal charge or accusation of a serious crime), the superior court determines in which court the case will be heard

8. CONSEQUENCES  If convicted in superior court, the juvenile serves a mandatory 10 year sentence without the possibility of parole.  al_justice_and_the_juvenile al_justice_and_the_juvenile

REVENUE  SS8E4

1. SOURCES:  State funds  Federal funds  Special fees collected by agencies

2. DISTRIBUTION:  STATE LEVEL:  1. education  2. wages/salaries of government employees  3. public safety  4. transportation  5. interest on debt

 LOCAL LEVEL:  1. education  2. police/fire protection  3. libraries  4. parks  5. water/sewer systems

CHOICES:  Resources (budget)  Needs (essential services for people)