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JUVENILE JUSTICE SYSTEM
STANDARD: SS8CG4 The student will analyze the role of the judicial branch in Georgia state government. ELEMENT: SS8CG4.d Compare the juvenile justice system to the adult justice system, emphasizing the different jurisdictions, terminology, and steps in the criminal justice process. ELEMENT: SS8CG4.e Describe the rights of juveniles when taken into custody.
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THE JUVENILE COURTS HAVE 3 MAIN PURPOSES
To help protect the well-being of children To make sure that any child coming under the jurisdiction of the juvenile court receives care, guidance, & the control needed. To provide care for children who have been removed from their homes (like children put into foster homes.)
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TWO IMPORTANT TERMS OF THE JUVENILE LAWS & COURTS
STATUS OFFENSE: an act that would NOT be considered a crime if committed by an adult (like being out late at night, drinking under the age of 21, trying to buy tobacco products before the age of 18). DELINQUENT ACTS: When juveniles commit a delinquent act (an act that would be considered a crime if committed by an adult) OR a status offense (see above for definition) & are captured by police, they are said to be “TAKEN INTO CUSTORY” rather than “UNDER ARREST.”
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STEPS IN THE JUVENILE JUSTICE SYSTEM
INTAKE DETENTION FORMAL HEARING SENTENCING APPEAL
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1. INTAKE Take into custody & turned over to the Juvenile Court Intake Officer Intake Officer investigates the case Intake Officer decides if enough evidence exists to support charges If NOT enough evidence---juvenile is RELEASED to parents If enough evidence DOES exist, the juvenile is DETAINED
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2. DETENTION If juvenile is detained, this happens:
Probable cause hearing within 72 hours Dismiss the case---release juvenile to parents/guardians Informal Adjustment--- USUALLY FIRST OFFENDERS Juvenile & parents must agree to informal adjustment Juvenile must admit wrong-doing Juvenile under court supervision for at least 90 days Juvenile must attend school & counseling Juvenile must pay damages or community service
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3. FORMAL HEARING: 1st Petition filed by complaining witness of wrong-doing 2nd After signing petition, date set for Formal Hearing 3rd Summons issued (requires parents & juvenile to attend)
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PARTS OF THE FORMAL HEARING
1st Part: ADJUDICATORY HEARING Like a trial, but only the judge hears the case No jury After evidence presented, Judge decides guilty or not guilty NOT GUILTY: juvenile released to parents GUILTY: 2nd hearing scheduled 2nd Part: DISPOSITIONAL HEARING Judge determines punishment Evidence presented to influence the Judge
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4. SENTENCING Judge selects from a number of options such as,
Release juvie into parental custody with no court supervision Probation YDC (Youth Detention Center or Incarceration) Commit juvie to Dept. of Juvenile Justice Assign other punishments: restitution & fines, special conditions of probation such as, mandatory school attendance, community service work, counseling, suspension or prohibition of driver’s license.
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5. APPEAL Juvenile has right to appeal
Court has the right to extend custody or supervision of the juvenile for up to 5 years
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“SEVEN DEADLY SINS” ACT
Allows juveniles to be under the supervision of Superior Court & they are treated as an adult criminal. Murder • Rape • Armed robbery with firearm • Aggravated child molestation • Aggravated sodomy • Aggravated sexual battery • Voluntary manslaughter
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JUVENILE RIGHTS Speedy trial Fair trial
Due Process (rights & charge notification) Protection against self-incrimination Right to an attorney Right to confront & question any witnesses Right to present a defense Right to introduce evidence Right to testify on your own behalf Right to have a parent present at all hearings
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