1. The Structure of Georgia’s Court System

2. State Courts Number : 70 Jurisdiction: One County
Judges are elected Term: 4 years
Responsibilities:
Preliminary hearings
Misdemeanors (criminal)
Civil cases
Traffic violations
Can issue search warrants

3. Juvenile Courts Number : 159 Jurisdiction: One County
Judges are appointed Term: 4 years
Responsibilities:
Delinquent and unruly offenses by children under 17
Deprived and neglected children under 18
Minors seeking permission to marry or join military

4. Probate Number : 159 Jurisdiction: One County
Judges are elected Term: 4 years
Responsibilities:
Wills and estates
Firearm license
Marriage license
Appointing legal guardians
Fish and game violations
In counties with NO state courts:
Misdemeanors
Traffic violations

5. Magistrate Court Number : 159 Jurisdiction: One County
Judges are elected or appointed Term: n/a
Responsibilities:
Minor criminal cases
Civil cases under $15k
Civil disputes
Search warrants
Arrest warrants
Small claims court

6. Superior Court Number : 49 Jurisdiction: Original
Judges are elected Term: 4 year s
Responsibilities:
Civil trials over $15k
Criminal trials
Felony trials
Divorce cases
Land titles
Several courts hear civil and criminal cases depending on their severity, but Superior Court hears ALL felony trials

7. Court of appeals Number : 14 divisions Jurisdiction: Appellate
12 Judges are elected to four divisions Term: 6 yrs
Responsibilities:
Reviews civil and criminal cases previously heard by trial courts

8. Supreme court Number : 1 Jurisdiction: Appellate
6 Justices 1 Chief Justice Elected Term: 6 yrs
Responsibilities:
Reviews civil and criminal cases previously heard by trial courts or Court of Appeals
Determines if laws are constitutional
Challenges elections
Death sentences

9. Which court would handle the case?
Scenarios
Which court would handle the case?

10. Scenarios: Which court would handle the case?
Michael was Charged with shoplifting, which court will hear his case.
State/Magistrate- minor criminal case
A prisoner on death row asking for an appeal
Supreme Court
Herbs grandmother passed away and his family is disputing her will.
Probate Court- wills and estates
Lacey is unhappy with the court’s decision regarding her worker’s comp case.
The Court of Appeals
An 18 year old boy is going trial for auto theft.
Superior Court – criminal trials /felony
A company is suing an employee for breach of contract.
State or Magistrate Court – Civil cases
Rebecca’s appeal has been denied by the Court of Appeals.
Supreme court

11. Scenarios continued: Which court would handle this case?
A hunter was caught killing deer out of hunting season
Probate Court
The FBI needs a warrant to search the premises of a known drug dealer
State or Magistrate
After receiving a gun for his birthday, where will Jeb get his gun permit.
Probate Court- firearm license
Connie is suing her neighbor for $3k, the cost of replacing her after the neighbor’s tree fell on it
Magistrate Court- civil cases under $5k
Christy wants to get married to Bradley, where will they go to receive their marriage license
Lynn is 16 and was caught with drugs and alcohol at a party
Juvenile Court
Jennifer wants to become the legal guardian of her two young nephews.
Probate Court – legal guardians

12. The adult justice system

13. Adult Justice System Characterized as Civil or Criminal
Criminal laws are characterized as felonies or misdemeanors
For more serious crimes, defendants are given a trial by jury
For less serious crimes a defendants stand before a judge
Several courts hear civil and criminal cases depending on their severity, but Superior Court hears ALL felony trials

14. Pre trial steps
Arrest- There is enough evidence that someone has committed a crime serious enough to warrant being taken into custody
Booking- Law enforcement officers make an official arrest report and hold the suspect in the local jail
Initial appearance- The suspect appears before a magistrate court where he or she goes before a judge to have the charges brought against them explained and to determine if they are to be released on bail
Preliminary hearing- The magistrate judge determines if there was a crime committed and if there is probable cause that the suspect was involved with the crime.

15. Pre trial steps
Grand Jury- A group of citizens, called a grand jury, examine the evidence in order to determine if the suspect should be charged with a crime. If they do decide there is enough evidence, they issue what is called an indictment.
Assignment before Superior Court- Upon receiving an indictment, the suspect is then arraigned and brought before the superior court judge. During the arraignment, the suspect officially states that they are guilty or not guilty of the offense. If the suspect claims that they are not guilty, the case moves on to trial.
Admitting Guilt/Plea deal- The suspect also has the opportunity to plea guilty. If they plea guilty to the charge, the judge will sentence the individual and the case does not go to trial. The suspect also has the choice of plea bargaining and admitting guilt to a lesser offence. If the prosecutor agrees to the plea bargain, the suspect is sentenced for the lesser offense and the case will also not go to trial.

16. Trial
Selecting a Jury: In order to begin the trial, 12 citizens are selected as jurors for the case. In this process, the prosecuting and defending lawyers, along with the judge, can ask the juror questions to determine if they should serve on the trial.
Opening Statements: Once the trial begins, 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: During the case, witnesses are called to the stand to give testimony. The process starts with the prosecuting attorney calling a witness who he or she hopes will prove the guilt of the defendant. The defendant’s attorney is given the opportunity to cross-examine the witness.
Closing statements: After all of the witness have had a chance to speak, both attorneys present their final arguments in the case.

17. Trial
Jury deliberation and verdict: After the final arguments, the jury is asked to discuss amongst themselves if they think the defendant is guilty or not. Once they make their decision, they notify the judge. If the verdict is not guilty, the defendant is released.
Sentencing: If the jury finds the defendant guilty, the judge sentences the defendant, telling him/her the amount of time he/she will spend in prison and how much they owe in damages.
Appeal: If the defendant maintains his or her innocence or if there were mistakes made in the case, the defendant can make an appeal where an appellate court will review the case. If they overturn the ruling, the case goes back to superior court for a new trial.

18. Jury Selection

19. Opening Statements

20. Presentation of Evidence

21. Closing Statement
Part Two
Part One

22. Jury Deliberation

23. Sentencing

24. Appeal