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Georgia’s Court System:
JUVENILE OFFENDERS
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Juvenile Offenders Delinquent acts and unruly acts are legal terms for behavior in minors under the age of 16. Delinquent behavior is an act committed by a juvenile that would be a criminal offense according to state law. Unruly behavior is an act committed by a juvenile that would not be a criminal offense according to adult law.
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Delinquent Behavior Delinquent behavior would be considered a crime if it were committed by an adult. Treatment, rehabilitation, or court supervision is necessary. Examples include possession of drugs, theft, assault, rape, and murder. If the act is serious enough, the juvenile may be charged as an adult and subject to all adult penalties. Repeat offenders are called designated felons and are considered a danger to the community and can be imprisoned for up to five years.
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Unruly Behavior Unruly behavior is when a juvenile violates a law that only pertains to children. Treatment, rehabilitation, or supervision by the court is necessary. Examples include skipping school, driving without a license, possession of alcohol or cigarettes, loitering in public places between 12 am and 5 am, and leaving home without parents’ permission. If a minor commits these acts, he or she may be placed in a juvenile detention center.
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Juveniles’ Rights Juveniles have the same rights as adults do when taken into custody, as well as several more specifically for juveniles: The right to have parent/guardian contacted immediately. The right to have parent/guardian and an attorney present before they can be questioned by authorities. The right to be represented by an attorney at a trial. The right to not be placed with adult offenders. The right not to have names or photographs made public.
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Juvenile Courts Courts in the juvenile justice system are focused on rehabilitating juveniles rather than punishing them like adults. The system has a lot of flexibility because its main goal is to correct juvenile offenders and not necessarily to punish them. Juvenile courts have jurisdiction over cases involving children 17 and under, or those under 18 who don’t have a parent/guardian. In Georgia, juvenile courts may stand alone or be part of the superior court system.
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Steps There are several basic procedures for juveniles entering the criminal justice system. Taken into Custody - similar to arrest for adults Intake Officer – decides if there is enough evidence to make a charge against the juvenile Released to parent/guardian or Detained – detained in a youth detention center or adult prison (depending on the crime). If detained, there must be a hearing within 72 hours to determine if proceedings should continue.
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Steps 4. Informal Adjustment – optional if juvenile is first time offender. Juvenile must admit guilt to the judge and is under court supervision for 90 days. 5. Adjudicatory Hearing – judge determines guilt or innocence. There are no juries in juvenile cases. 6. Disposition Hearing – judge hears witnesses and determines punishment. 7. Sentencing – judge rules on punishment. Options include fines, probation, boot camp, youth detention center, and/or mandatory counseling and school attendance. 8. Appeal – juvenile can appeal ruling if there is enough evidence to prove they were innocent.
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7 Delinquent Behaviors If a juvenile between the ages of commits one of the seven delinquent behaviors listed below, he/she can be tried as an adult and will face the same punishment. Murder Voluntary manslaughter Rape Aggravated sodomy Aggravated child molestation Aggravated sexual battery Armed robbery with a firearm
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Adult Court The teen accused of one of the seven delinquent behaviors is no longer protected by the juvenile justice system and the case is sent to the Superior Court. A complaint is first made about the delinquent act and the juvenile may be sent to a detention center. After the case is investigated, it is either dismissed or a petition is filed.
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Adult Court 3. If a petition is filed, an arraignment hearing is scheduled. 4. The alleged offender may remain silent, deny the petition, or agree to the petition. 5. A court date is set and a trial is conducted.
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Consequences The possible consequences are the same as an adult.
A jury may find the defendant guilty and a sentence is passed down. A guilty verdict may be appealed to the Supreme Court. If convicted, the juvenile must spend all jail time (minimum of 10 years) in an adult prison without parole.
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Local Governments: COUNTY & CITY
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County: Origins A county is an administrative subdivision of a state or territory. Counties serve as ways for people to be represented in state government. In 1777, Georgia’s Constitution established 8 counties. Today, there are 159 counties in Georgia, as determined by the Constitution.
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County: Purpose The original purpose of Georgia counties was to determine jurisdiction for state representatives. Senate and House districts overlap county boundaries so that all counties are represented in the General Assembly. Also, each county has a probate court, a magistrate court, and a juvenile court.
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County: Functions Since the Constitution of 1983, the functions of county governments have increased. Today, county government services include: running elections, building and maintaining roads, controlling licenses for cars and trucks, conducting local courts, and providing welfare and public assistance programs.
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County: Leaders At the county level of government, Georgians vote for the county commissioner and/or board of commissioners. There are four other elected county officials: sheriff, clerk of superior court, judge of probate court, and tax commissioner.
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City: Origins Georgia has over 500 cities and towns (or municipalities). These city governments have been granted charters by the General Assembly. The charters outline the city’s form of government and define the city’s boundaries.
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City: Purpose Early Georgia cities originated in areas that were significant trading hubs. The purpose of city governments is to provide services that are not given by the county government.
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City: Functions As county services have grown in Georgia, cities and counties have had to agree on who is providing which service to avoid duplication. Some city government functions include: public transportation, police and fire protection, garbage collection, water services, public health services, libraries, etc.
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Forms of: CITY GOVERNMENT
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City Gov. The forms of government of Georgia’s counties are standard across the state. However, in cities, there are three main forms of government: weak mayor-council, strong mayor-council, and council-manager. In all three forms, citizens elect members to the city council.
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Strong Mayor The strong major-council form of city government divides power between an elected city council that acts as the legislative branch and elected mayor who serves as the city’s chief executive. The council is responsible for passing city ordinances and the mayor is responsible for enforcing them. The mayor has a great deal of power and influence over the council, and often has veto power over the council’s actions.
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Atlanta has a strong mayor-council form of government.
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Weak Mayor Some cities prefer not to allow their mayor to have so much power. In the weak major-council form of city government, both the legislative and executive powers lie with the city council. The mayor’s powers are very limited and he/she rarely has veto power. Often, the mayor serves as figurehead who presides over meetings and engages in ceremonial duties.
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Council Manager In the council-manager system, the citizens elect a city council that makes the laws and policies. The council hires a city manager to oversee the day-to-day operations, determine the budget, and appoint heads of city departments. Sometimes, such governments have a mayor, but he/she generally does little more than preside over council meetings and represent the city at events.
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Buford, GA has a council-manager form of government.
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SPECIAL-PURPOSE GOVERNMENT
Functions of: SPECIAL-PURPOSE GOVERNMENT
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Special-Purpose The Georgia Constitution also allows special-purpose districts to be created. These are set up by a city or county in order to meet specific needs of the people. Special-purpose governments are administrative units which aim to accomplish a specific task. They are funded by loans or user-fees instead of taxes.
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Community fire departments are special-purpose governments.
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Special-Purpose Special-purpose governments can create jobs and increase business, maintain and rebuild the downtowns of cities, maintain and develop land for parks and recreation, manage housing options, etc. For example, Georgia generally divides its public schools into districts, each of which is governed by a school board (special-purpose government). Another example is MARTA, which runs Atlanta’s bus and train system, sets its transportation schedule, and determines the cost of fares.
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MARTA Train © Brain Wrinkles
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Role of LOCAL GOVERNMENT
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Local Support Counties work at the local government level with state agencies to administer state programs. Every county in Georgia conducts local courts of law, voter registration, and elections. They sell motor vehicle tags, validate wills, file property ownership records, run public assistance programs, and repair county roads. All of these things help support Georgia’s state-run programs.
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Local Support As Georgia’s population has grown, citizens have demanded more and more services from county’ governments. Georgia’s Constitution of 1983 added extra powers for county governments in order to provide additional services desired by Georgians. These local-level services strengthen the state’s programs as a whole and improve the quality of life for Georgia residents.
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