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Juvenile Justice Explain how the Georgia court system treats juvenile offenders
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Vocabulary ▪ Truancy- Failure to attend school ▪ Juveniles- Citizens under the age of 17
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3 Laws for Juveniles ▪ Must attend school until at least 16 years old ▪ Cannot run away from home ▪ Cannot possess alcohol until 21 and tobacco until 18
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3 Main Purposes of Juvenile Court ▪ Help and protect the well-being of children ▪ Make sure any child coming under the jurisdiction of the court has the care, guidance, and control needed ▪ Provide for children who have been removed from their homes
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Vocabulary ▪ Delinquent Act- an act considered a crime if committed by an adult ▪ Can include theft, assault, possession of drugs, rape, and murder. ▪ If serious enough, juvenile can be charged as an adult ▪ Unruly Act (status offense)- an act which would not be a crime if committed by an adult ▪ Possession of alcohol or tobacco, leaving home w/o permission, breaking curfew, skipping school, driving w/o license, not following reasonable commands of parents or other adults ▪ Can result in placement in juvenile detention center
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Steps to Juvenile System ▪ (1)Intake- an intake officer decides if there is enough evidence to make a charge against the juvenile ▪ Release or (2)Detained- if not enough evidence, juvenile is released to parents; if there is enough, they will be detained in juvenile detention center or an adult prison depending on the crime. If detained, there must be a hearing w/in 72 hours
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Steps to Juvenile System ▪ (2)Once detained: (three options) ▪ Case is dismissed ▪ Informal adjustment- Juvenile must admit guilt to judge and is under the supervision of the courts for 90 days. Usually for first time offenders. ▪ (3)Formal Hearing- a petition is written outlining the wrongdoing, date for hearing is set, summons issued for juvenile, parents, and others involved in case to appear at hearing; has two parts ▪ Adjudicatory hearing (part one)- the judge determines the juvenile’s guilt or innocence after listening to all evidence. NO Juries! If guilty, part two is scheduled, if not guilty the juvenile is released.
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Steps to Juvenile System ▪ Dispositional hearing (part two)- judge hears witnesses from both sides and determines the punishment for the juvenile ▪ (4)Sentencing- judge rules on punishment, which can include release to parents, boot camp, probation, detention center, fines, counseling, school attendance ▪ (5)Appeal- juvenile can appeal ruling if enough evidence proves they were innocent ▪ http://www.gpb.org/georgiastories/stories/criminal_justice_and_the_juvenil e
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Seven Deadly Sins ▪ The superior court has sole jurisdiction over juveniles aged 13, 14, 15, or 16 charged with such serious crimes as: murder, rape, or armed robbery. ▪ These offenses were called the “Seven Deadly Sins” when the legislation was being debated in 1994. ▪ Adult trial with adult sentencing
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Seven Deadly Sins’ Consequences ▪ First Offense – non-parolable sentence of at least 10 yrs. ▪ Minimum sentencing for first offense of murder is LIFE, with no parole eligibility for 25 yrs. ▪ Second Offense - for any of the “7 Deadly Sins” – LIFE with NO parole.
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Student Rights in Schools ▪ First amendment rights of freedom of religion, speech, the press, the right to assemble, and the right to petition (school boards determine what is appropriate, lewd or offensive) ▪ Fourth Amendment rights against unreasonable searches and seizures (schools need only reasonable suspicion) ▪ Fifth Amendment rights of students (equal protection under the law and right of due process of law)
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Student Responsibilities in Schools ▪ Students must attend school between the ages of six and sixteen. ▪ Students must follow reasonable rules and regulations, behavior codes, and even dress codes. ▪ Students must work with school officials to prevent disruptions and violence in their schools.
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Student Rights In Custody ▪ Have a parent or guardian present before questioned ▪ Not to have their names or photographs made public ▪ Two phone calls (parent and attorney) ▪ Not to self-incriminate and to be counseled on what that means ▪ Not to be placed with adult offenders ▪ For parents to be contacted immediately
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