1. Georgia’s Judicial Branch

2. Georgia’s Judicial Branch
Standard: SS8CG4 Analyze the role of the judicial branch in Georgia state government.
Describe the ways that judges are selected in Georgia.
Analyze the dual purpose of the judicial branch to interpret the laws of Georgia and administer justice in our legal system.
Explain the difference between criminal and civil law.
Explain the steps in the adult criminal justice system beginning with arrest.

3. Overview of Courts J J TRIAL COURTS All cases begin here
Searching for the facts
Courts:
Superior
State
Juvenile
Probate
Magistrate
APPELLATE COURTS
Only hear appeals from lower trial courts
Ensure trial courts interpret the law correctly
Courts:
Court of Appeals
Supreme Court J J
Judges serve 4 year terms.
Judges serve 6 year terms.

4. Court Jurisdiction Jurisdiction: a court’s authority over the types of cases they are allowed to hear.
Supreme Court
Review trial court cases
Determine constitu-tionality of laws
Challenges to elections
Upholds or removes death sentences
State
Mis-demeanors
Prelim. Hearings
Civil cases
Probate
Licenses
Minor traffic violations
Juvenile
Delinquent and unruly cases
Deprived and neglected
Minors wanting to marry or join military
Court of Appeals
Review criminal and civil cases heard by trial courts
Superior
Hears most cases
Civil
Criminal
Felony
Divorce
Land Titles
Magistrate
Warrants
Minor criminal cases
Small claims civil cases
Civil disputes

5. Magistrate (sometimes elected, sometimes appointed)
a. Selection of Judges
Most judges in Georgia are ELECTED.
Judges of juvenile courts are APPOINTED.
State
Probate
Superior
Juvenile
Magistrate (sometimes elected, sometimes appointed)
Court of Appeals
Supreme Court

6. b. Dual purpose: interpret laws and administer justice
INTERPRETING LAWS
Resolve constitutional challenges
Resolve challenges to election results (remember: 1946 governor’s controversy)
Review death penalty cases
Strike down unconstitutional laws
Ensure lower courts are correctly interpreting laws
ADMINISTERING JUSTICE
Prosecuting crimes
Murder
Robbery
Traffic law
Punishing those convicted of crimes
Prison
Community service
Payments/fines
Resolving civil disputes
Lawsuits

7. b. Dual purpose: interpret laws and administer justice
EXAMPLES:
It was determined that a law reducing the number of voting locations was unfair to rural voters.
A grocery store clerk goes to prison for one year because he sold drugs to customers at the checkout line.
It was determined that preventing students from attending their neighborhood schools based on race was unconstitutional.

8. c. Criminal and civil law
CRIMINAL LAW
Laws created to protect society from wrong-doers
Punishable with fines, community service, prison time, or the death penalty
CIVIL LAW
Laws created to deal with relationships amongst individuals
Usually involve compensation based on injury or wrongdoing

9. Breakdown of Criminal Law
Felonies
Misdemeanors
Criminal Law
Include less serious crimes like petty theft, public intoxication, reckless driving, and vandalism
Punishments: at most a year in prison, and/or a fine
Include more serious crimes like murder, aggravated assault, kidnapping, and arson
Punishments: minimum of 1 year in prison p p p
Extremely serious crimes like treason, aircraft hijacking, kidnapping with bodily harm, and murder
Potential death penalty
Capital Crimes

10. c. Criminal and civil law
EXAMPLES:
Homicide
Child custody dispute
Running a red light
Obstruction of justice
Damaging property
Divorce
Assault
Bankruptcy
Breaking a contract
Possession of illegal substances
Defamation of character

11. d. Steps of the adult justice system
DEFNENDANT: individual charged with wrong-doing
PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant
I. Arrest: enough evidence to take someone into custody for possibly committing a crime
2. Booking: An official arrest report is made and suspect is held in jail. f f f f
4. Preliminary Hearing: magistrate judge determines if a crime was committed and if there is probable cause that the suspect was involved.
3. Initial Appearance: suspect appears before magistrate court. Judge explains charges and determines if bail will be set. f f

12. d. Steps of the adult justice system
DEFNENDANT: individual charged with wrong-doing
PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant
5. Grand Jury Indictment: group of citizens examines evidence to determine if suspect should be charged with a crime. (This is not the trial.) If enough evidence exists, they issue an indictment, which is a formal charge of a crime.
6. Arraignment: formal reading of the charges f f
7. Assignment before Superior Court, where the suspect can state guilty or not guilty.
Guilty: no trial; later sentence hearing
Not Guilty: go to trial or take a plea deal f

13. d. Steps of the adult justice system
DEFNENDANT: individual charged with wrong-doing
PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant
TRIAL
Selecting a petit jury (pronounced “petty”)
Opening statements
Evidence and witnesses
Closing statements
Jury deliberation and verdict
Sentencing
Appeal