1. Judicial Branch
This branch interprets the state’s laws and makes sure that they are applied properly and uphold the constitution.
The state’s courts make up the judicial branch of Georgia’s government.
Georgia has two main kinds of courts: trial courts and appellate courts.
Georgia’s court system is organized into seven levels with 2 appellate-level courts and 5 trial-level courts.

3. Appellate Courts
The appellate courts look over judgements made by lower courts and handles their appeals.
They only hear cases appealed from lower courts rather than trying cases for the first time.
Appellate courts make sure that trials are fair and do not go against Georgia’s Constitution.
There are two types of appellate courts in Georgia: the Supreme Court and the Court of Appeals.

4. Appellate Courts
1. Supreme Court: Highest court in the state and is made up of 7 justices elected to six-year terms.
Georgia’s Supreme Court may hear cases involving the constitutionality of a law, disputes over elections, death penalty convictions (all), titles to land, etc.
2. Court of Appeals: Second highest court in the state and is made up of 12 judges who work in panels of three to hear cases.

5. Georgia State Supreme Court Building

6. Trial Courts
In trial courts, peoples’ actions are measured against the law.
The actions can be judged in one of two ways: by a group of citizens called a jury, or simply by a judge.
Trial courts hear and try cases for the first time.
The five trial-level courts are: superior, state, juvenile, probate, and magistrate courts.

7. Trial Courts
Superior Courts: Can hear almost any civil or criminal case; have a judge and jury
State Courts: Have jurisdiction over misdemeanor violations and civil cases; have a judge and jury
Juvenile Courts: Have jurisdiction over delinquent children under 17 and deprived children under 18; no jury
Probate Courts: Handle administrative matters such as wills and administration of estates; may have a jury
Magistrate Courts: Handle small civil claims of $15,000 or less, bad checks, arrest warrants, etc.; no jury

9. Judges Georgia’s judges are either elected or appointed.
Judges in the Supreme Court, Court of Appeals, superior, state, and probate courts are elected to their positions at the state, local, and county level.
Most magistrate judges are elected, but some are appointed by local legislators.
Juvenile court judges are appointed by superior court judges.

10. Chief Judge of the Georgia Court of Appeals in the court’s Atlanta courtroom

11. Two Types of Law:
CRIMINAL &
CIVIL

12. 2 Types of Law
Trial courts oversee cases dealing with the two types of law—criminal law and civil law.
Criminal law deals with actions that harm people and society. Ex: murder, robbery, DUI
Civil law handles private disputes where one person or group says that another person or group has somehow done them wrong. Ex: divorce, contracts, property ownership, injuries.

14. Criminal Law
A criminal case is introduced by the government, who claims that a person or group has committed a crime.
The government‘s prosecuting attorney seeks to convince the judge or jury that the defendant (person accused) both committed a crime and wanted to commit the crime.
The defendant has a right to testify to defend himself.
If the defendant is found guilty of breaking the law, he can be punished by being put in jail or made to pay a fine, or both.

15. Criminal Law Criminal law defines two classes of crimes.
Crimes for which the punishment is less than a year in jail are called misdemeanors.
Crimes with punishments of one year or more in jail are more serious and are called felonies.
Guilt is harder to prove in a criminal case because the prosecutor must prove that the defendant is guilty “beyond a reasonable doubt”.

16. Civil Law
A civil case is introduced by a private party (plaintiff) seeking monetary damages.
The plaintiff brings their complaint to the court’s attention and tries to convince either a judge or a jury that their complaint has a real basis.
The defendant may be forced to testify.
If the plaintiff proves guilt of the other party by a “preponderance of evidence”, then the defendant may have to pay money to the plaintiff.
Most civil cases are resolved out of court, and people found guilty in civil cases never have to go to jail.

18. Georgia’s
JURISDICTIONS

19. Jurisdiction
Jurisdiction is the power, right, or authority to interpret and apply the law.
Georgia’s adult justice system consists of courts of three different types of jurisdiction: general, limited, and appellate.

20. General
Jurisdiction
Georgia’s general jurisdiction trial court is the superior court.
Land disputes, felony cases, and divorce are all handled by the superior court.

21. Limited
Jurisdiction
The three limited jurisdiction courts are state trial courts, probate trial courts, and magistrate courts.
State trial courts exercise limited jurisdiction over misdemeanor criminal cases, such as traffic violations, and civil cases.

22. Limited
Jurisdiction
Probate trial courts exercise limited jurisdiction over marriage licenses, wills, guardianships, and estates.
These courts also supervise election ballot printing and vote counting.
Magistrate courts exercise limited jurisdiction over minor civil claims, bad checks, arrest and search warrants, and ordinance violations.
These courts do not have jury trials.

23. Appellate Jurisdiction
The two appellate jurisdiction courts are the Court of Appeals and the Supreme Court.
Neither court holds jury trials or hears new material as all cases have been heard in lower courts.

24. Appellate Jurisdiction
The Court of Appeals has jurisdiction over appeals from superior and state courts in the adult justice system.
It hears appeals for civil claims for child custody cases, damages, and criminal cases (except felonies).
The Supreme Court has jurisdiction over appeals related to wills, divorce, and cases where a sentence of death was or may be given.

25. Types of Court Cases serious crime with severe punish-ments allowed
Civil Cases
disputes between citizens
Criminal Cases
involve violation of laws
Felony
serious crime with severe punish-ments allowed
Misdemeanor
Types of Court Cases
less serious crime with smaller punish-ments

26. The Jury System  Trial before one’s peers  Two Types:
1) Grand Jury -- determines whether or not persons accused of crimes should be indicted (officially charged) and required to stand trial.
2) Trial Jury -- group of citizens who are charged with judging a person charged with a crime

27. Judicial Branch:
Interpreting
Laws &
Ensuring
Justice

28. Interpreting Law
It is the role of Georgia’s judges to interpret and apply state laws to individual cases and circumstances.
One way that the judicial branch fulfills its role is that the Supreme Court may rule that a law passed by the legislative branch is unconstitutional.
Also, when a state law is unclear, the Supreme Court has the final say about the meaning of the law.
This is an important check by the judiciary branch on the other two branches of government.

29. Ensuring Justice
The judicial branch is charged with ensuring equal protection under the law for all of Georgia’s citizens, and for enforcing the rule of the law.
It is responsible for ensuring justice in our legal system by making sure that laws are constitutional, deciding guilt or innocence in a fair manner, and designating punishment that fits the crime.

30. Steps in the
CRIMINAL JUSTICE
PROCESS

31. 1. Arraignment
A suspect has his first court appearance between 24 and 48 hours after an arrest.
The judge reviews circumstances involved and decides whether or not there is probable cause for the arrest.
The suspect is read his rights under Georgia law.
During the arraignment, the suspect can have a lawyer, but no evidence is presented on his behalf at this point.

32. 2. Bail
Bail is set if the crime is non-violent in nature or if the suspect is not likely to run away.
The suspect can go about his daily business until his court date.
If the suspect is out on bail, but does not return when scheduled, a warrant is issued for his arrest and he will be put in jail.
If bail is not set, or he is unable to pay the bail, the suspect is held in jail until the court date.

33. 3. Commitment
Hearing
If the suspect pleads “not guilty” to the charges when asked by the judge, it is the state prosecutor’s job to show that there is “probable cause” that a crime was committed.
If the judge decides that there isn’t enough evidence, the case may be dropped.
If there is enough evidence, the judge will set a trial date.

34. 4. Preparing for
Trial
During this step, both sides, the defense (for the suspect) and the prosecution (for the state), gather evidence.
The jurors are also chosen during this time.
Continuances, or postponements, might be filed during this time, and a new trial date can be set.

35. 5. Plea Bargaining
The prosecution sometimes offers a plea bargain to the suspect.
If the defense accepts the plea bargain, the suspect agrees to plead “guilty” in exchange for a lighter sentence and there would be no trial.
If the defense feels they have a strong case, they do not accept the plea and the trial date stands as is.

36. 6. The Trial
Both the prosecution and defense argue their cases at the trial.
It is up to the prosecution to prove to the jury beyond a reasonable doubt that a crime was committed.
The defense tries to make the jury doubt the guilt of the accused.
The defendant may be found guilty of all, some, or none of the charges.

37. Ways to
Avoid Trouble
and
Settle Disputes
Peacefully

38. Avoid Trouble
There are many ways to avoid trouble and stay out of the criminal justice system:
Choose friends with morals and values similar to your own.
Avoid drugs and alcohol.
Obey rules at home, school, and in the community.
Can you think of other ways to avoid trouble?

39. Settle Disputes
In order to settle disputes peacefully, there are many things that you can do:
Respect other people’s differences and their opinions.
Never let a disagreement grow into violence—ask someone else (a mediator) to help resolve the conflict.
Try to see the person’s point of view and be willing to compromise.

40. Georgia’s Court System:
JUVENILE
OFFENDERS

41. 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.

43. 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.

44. 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.

47. 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.

48. 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.

50. 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.

52. 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.

55. 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

56. 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.

57. 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.

58. 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.

60. Local Governments:
COUNTY &
CITY

61. 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.

63. 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.

64. 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.

65. 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.

66. 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.

67. 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.

68. 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.

69. Forms of:
CITY GOVERNMENT

70. 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.

71. 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.

72. Atlanta has a strong mayor-council form of government.

73. 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.

74. 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.

75. Buford, GA has a council-manager form of government.

76. SPECIAL-PURPOSE GOVERNMENT
Functions of:
SPECIAL-PURPOSE GOVERNMENT

77. 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.

78. Community fire departments are special-purpose governments.

79. 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.

80. MARTA Train
© Brain Wrinkles

81. Role of
LOCAL GOVERNMENT

82. 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.

83. 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.