Steps in the Adult Criminal Justice Process criminal act Investigation (if no evidence, no arrest) Arrest Initial appearance (Person is notified of charges, attorney, bail) Preliminary hearing (must be within 48 hrs if no warrant, 72 hrs with warrant; must present evidence) Misdemeanor- judge sets date for trial, felony- grand jury will decide if enough evidence to indict Arraignment (plead guilty or not guilty) if guilty skip to sentencing

Steps in the Adult Criminal Justice Process Trial (right to: jury, attorney, be silent so as not to incriminate self, call witnesses, confront witnesses, public trial, innocent until proven guilty) guilty or not guilty determined by jury Presentence hearing (judge determines sentence except only a jury can impose a death sentence Sentence (can include imprisonment, fines, probation, restitution) After imprisonment, parole, probation

Juvenile Justice System EQ: How does the juvenile justice system operate?

Steps in the juvenile criminal process Juvenile is taken into custody (NOT arrested) Intake – juvenile is brought to an Intake Officer who decides if there is enough evidence to make a charge against them Release OR Detain Release if not enough evidence Detention in a youth detention center or adult prison depending on the crime If detained, there must be a probable cause hearing within 72 hours

Steps in the juvenile criminal process Informal adjustment: The judge may dismiss (if 1st time offender), juvenile must admit guilt to the judge and is under the supervision of the courts for 90 days Adjudicatory Hearing: The judge decides guilty or not guilty. Juries do not hear juvenile cases. (an adjudicatory hearing is like an adult trial, adjudication is like an adult sentence) Disposition Hearing: the judge hears witnesses and determines the punishment for the juvenile.

Steps in the juvenile criminal process Sentencing: The judge rules on the punishment Options: release to parents, probation Youth Detention Center (YDC) boot camp restitution fines other (such as mandatory school attendance, counseling, community service, lose license) Appeal: the juvenile can appeal the ruling if there is evidence to prove they were innocent

History 1906 Georgia General Assembly passed a law creating a juvenile court. 1911 Fulton County was first to set one up. Purpose To protect the well-being of children To make sure that children entering the jurisdiction of the court receive the care, guidance, and control needed to provide care for children who have been removed from their homes.

Terms Juvenile Person under 17 Status offense Offenses that would NOT be crimes if committed by adults Unruly juvenile a juvenile who commits a status offense Deprived juvenile a juvenile that is abused or neglected, or who does not have parents (may be cared for until age 18) Delinquent juvenile a juvenile who commit acts that would be crimes if committed by adults (age 17 considered adult) Any delinquent act (age 13-16) can go to adult court!

Examples of status offenses Truancy Failure to attend school between the ages of 6-16 Running away from home Curfew violations Alcohol Tobacco Disobeying parents

How Judges are Selected Juvenile Court Court How Judges are Selected Number of Courts Jurisdiction Responsibilities Juvenile (no jury) ~ Appointed by superior court judges ~ 4 year terms Must be 30 years old, practiced law 5 years, lived in GA 3 years (may be full or part-time) 159 Original for delinquents under 17 or deprived under 18 (Concurrent with superior in some cases) ~ delinquent & unruly offenses by children ~ deprived & neglected children ~ minors seeking permission to marry or join military ~traffic violations (minors)

Comparison to adult system Crime = Offense Arrest = Taken into custody Trial = Adjudicatory hearing Conviction = Adjudication Sentence = Disposition

Juvenile Justice Reform Act (7 Deadly Sins Act) 1994 -- law that permits juveniles charged with certain violent crimes to be tried as adults in Superior Court (age 13-16 instantly in the adult system) If found guilty, juveniles are housed in the juvenile section within the adult prison or at the YDC until their 17th birthday; then they move into the general adult population There are some offenses where the juvenile court can determine if a child should be charged as a juvenile or an adult (Ex. Age 15 charged with delinquent act)

7 delinquent behaviors that result in juveniles tried as adults Murder (life imprisonment under 17) rape (life imprisonment with/without parole, 25 years +probation; register as sex offender for life- $250 fee) armed robbery with a firearm (life imprisonment or 10-20 years; at least 15 if robbing to get drugs) voluntary manslaughter (1-20 years imprisonment) aggravated child molestation (life imprisonment or 25+probation; register as sex offender) aggravated sexual battery (life imprisonment or 25+probation and must register a sex offender) aggravated sodomy (life imprisonment with possibility of parole or 25+probation)

Juvenile Rights when taken into custody quick and fair trial (hearing) notification of charges remain silent -do not have to testify against themselves an attorney may confront and question witnesses, present a defense, introduce evidence, testify on their own behalf may have a parent or guardian present before they can be questioned Right to have parents contacted immediately Right not to have names or photographs made public Two phone calls (parent and attorney) No jury (not a public trial) Not placed with adult offenders (until 17th birthday)