The Judicial Branch Part 2 (courts)

Standard SS8CG4 The student will analyze the role of the judicial branch in Georgia state government. Element Explain the structure of the court system in Georgia including trial and appellate procedures and how judges are selected.

Essential Question What is the role of the judicial branch of Georgia government, and how is it organized?

Steps in the Criminal Justice Process Pretrial Arrest (Investigation-if no evidence, no arrest) If evidence is found of a crime, person is taken into custody Booking – officers make official arrest report and hold suspect in jail Initial appearance –suspect appears before magistrate judge where charges are explained; The suspect may be released on bail Preliminary hearing (must be within 48 hrs if no warrant, 72 hrs with warrant) present evidence Misdemeanor- judge sets date for trial Felony- grand jury will decide if enough evidence to indict

Pretrial continued Grand jury indictment- group of citizens examines evidence to determine if the suspect should be charged with a crime. If there is enough evidence, they issue an indictment. Assignment before Superior Court - Arraignment (suspect may plead guilty or not guilty; if not guilty, the case moves to trial) *Admitting guilt/plea bargaining – if suspect pleads guilty, the judge will sentence and there is no trial. Suspect may plea bargain (admit to a lesser offense). If prosecutor agrees, the suspect is sentenced for lesser offense and there is no trial.

Steps in the Criminal Justice Process Trial Selecting a jury: 12 citizens are selected as jurors (6 in state court) Opening statements: 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: witnesses are called to the stand to give testimony. The prosecution goes first, but the defendant’s attorney is allowed to cross-examine the witness. Next, the defense presents witnesses and the prosecution cross-examines. Closing statements: after all witnesses have spoken, both attorneys present their final arguments

Trial continued Jury deliberation and verdict: the jury discusses among themselves and decide if they think the defendant is guilty or not. They notify the judge. If not guilty, the defendant is released. Sentencing: If guilty, the judge determines the sentence (can include imprisonment, fines, probation, restitution); only a jury can impose a death sentence. After imprisonment, parole, probation *Appeal: If mistakes were made in the case, or the defendant maintains innocence, he/she can make an appeal where an appellate court will review the case. If they overturn the ruling, the case goes back to the superior court for a new trial.

Create a new ISN page entitled Who’s at the Courthouse? Use the brochure/posters to create a page describing and/or illustrating all of the people you would find in a courtroom (hint: there are 8) Save space at the bottom of the page to list rights of defendants. Who’s at the Courthouse? Rights of Defendants

Rights of defendants speedy trial Fair trial public trial attorney be silent so as not to incriminate themselves call witnesses confront witnesses innocent until proven guilty guilty or not guilty is determined by jury Due process (rules and procedures must be followed and citizens’ rights may not be violated)

The Structure of Georgia’s Court System How Judges are Selected Number of Courts Jurisdiction Responsibilities Superior (jury trials) ~ Elected to 4 year terms (nonpartisan) ~ circuit-wide elections Qualifications: 30 years old, citizen for 3 years, must have practiced law for at least 7 years 159 49 circuits General jurisdiction (Exclusive over felonies, divorce, and land cases) Appellate jurisdiction over probate and magistrate courts) ~ civil trials ~ criminal trials ~ felony trials ~ divorce cases ~ land titles ~juveniles who commit serious felonies

The Structure of Georgia’s Court System How Judges are Selected Number of Courts Jurisdiction Responsibilities State (jury trials) ~ Elected to 4 year terms ~ countywide elections Must be at least 25, lived in GA 3 years, and have practiced law for 7 years (about half of these judges are part-time) 70 counties have state courts Limited  (civil unless superior court is required) ~misdemeanors ~ traffic & civil cases ~ initial criminal case hearings (preliminary hearings) ~ issue search warrants

The Structure of Georgia’s Court System 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)

The Structure of Georgia’s Court System How Judges are Selected Number of Courts Jurisdiction Responsibilities Probate (jury trials) ~ Elected to 4 year terms ~ countywide elections (in counties >96,000 30 years old, practiced law for 7+ years; <96,000 high school graduate, county resident 2+ yrs) 159 Original in  ~ wills & estates ~ marriage & firearms licenses ~ appointing legal guardians ~involuntary hospitalization ~ traffic violations (in some counties) ~print election ballots and count votes (some counties)

The Structure of Georgia’s Court System How Judges are Selected Number of Courts Jurisdiction Responsibilities Magistrate (no jury trials) ~ Either elected or appointed 25+ years old, high school graduate, county resident 1+ year (other qualifications may be imposed by local legislation) 159 Original for  ~ issue warrants ~ minor criminal offenses ~ civil cases ($15,000 or less) ~ civil disputes ~ search & arrest warrants ~bail ~county ordinance violations ~preliminary hearings

The Structure of Georgia’s Court System How Judges are Selected Number of Courts Jurisdiction Responsibilities Municipal (no jury) ~ Either elected or appointed (qualifications set by local legislation) 370 Limited to city ~ issue warrants ~ violations of city ordinances ~ search & arrest warrants ~preliminary hearings ~Traffic violations in city limits

The Structure of Georgia’s Court System How Judges are Selected Number of Courts Jurisdiction Responsibilities Court of Appeals ~ 12 judges (4 panels of 3 judges) ~ Elected to 6 year terms; chief 2–year elected by other judges ~ statewide elections Must have practiced law 7 years 4 divisions Appellate (court of review) ~ reviews civil & criminal cases previously heard by trial courts UNLESS the Supreme Court has exclusive jurisdiction

The Structure of Georgia’s Court System How Judges are Selected Number of Courts Jurisdiction Responsibilities Supreme ~ 6 Justices ~ 1 Chief Justice and 1 presiding justice elected by other justices ~ Elected to 6 year terms ~ Elected statewide Must have practiced law for 7 years 1 Appellate (court of review) Exclusive over  ~ reviews decisions made in civil or criminal cases by trial courts or Court of Appeals ~ determines if laws are constitutional ~ challenges to elections ~ automatically review death sentence cases ~divorce ~constitutionality of law ~wills (Court of Last Resort)

http://www.georgiacourts.org/index.php/georgia-courts

Superior Court Info The Superior Court is Georgia’s general jurisdiction trial court. It has exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land. The exclusive jurisdiction of this court also covers such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition. The Superior Court corrects errors made by lower courts by issuing writs ofcertiorari; for some lower courts, the right to direct review by the Superior Court applies. Superior Courts are organized into 10 Judicial Districts, comprising 49 judicial circuits. Each county has its own Superior Court, though a judge may serve more than one county. A chief judge handles the administrative tasks for each circuit. Superior Court judges are elected to four-year terms in nonpartisan, circuit-wide races. To qualify as a Superior Court judge, a candidate must be at least 30 years old, a citizen of Georgia for at least three years, and have practiced law for at least seven years. Superior Court judges who have retired and taken senior status may hear cases in any circuit at the request of a local judge, an administrative judge, or the governor.

Court System Record at least 2 facts in your Video Log http://www.brainpop.com/socialstudies/usgovernmentandlaw/courtsystem/preview.weml