1. Steps in the Adult Criminal Justice Process
criminal act
Investigation (if no evidence, no arrest)
Arrest
Initial appearance (Person is notified of charges, attorney, bail)
Preliminary hearing (must be within 48 hrs if no warrant, 72 hrs with warrant; must present evidence)
Misdemeanor- judge sets date for trial, felony- grand jury will decide if enough evidence to indict
Arraignment (plead guilty or not guilty) if guilty skip to sentencing

2. Steps in the Adult Criminal Justice Process
Trial (right to: jury, attorney, be silent so as not to incriminate self, call witnesses, confront witnesses, public trial, innocent until proven guilty)
guilty or not guilty determined by jury
Presentence hearing (judge determines sentence except only a jury can impose a death sentence
Sentence (can include imprisonment, fines, probation, restitution)
After imprisonment, parole, probation

3. Juvenile Justice System
EQ: How does the juvenile justice system operate?

4. Steps in the juvenile criminal process
Juvenile is taken into custody (NOT arrested)
Intake – juvenile is brought to an Intake Officer who decides if there is enough evidence to make a charge against them
Release OR Detain
Release if not enough evidence
Detention in a youth detention center or adult prison depending on the crime
If detained, there must be a probable cause hearing within 72 hours

5. Steps in the juvenile criminal process
Informal adjustment: The judge may dismiss (if 1st time offender), juvenile must admit guilt to the judge and is under the supervision of the courts for 90 days
Adjudicatory Hearing: The judge decides guilty or not guilty. Juries do not hear juvenile cases. (an adjudicatory hearing is like an adult trial, adjudication is like an adult sentence)
Disposition Hearing: the judge hears witnesses and determines the punishment for the juvenile.

6. Steps in the juvenile criminal process
Sentencing: The judge rules on the punishment
Options:
release to parents, probation
Youth Detention Center (YDC)
boot camp
restitution
fines
other (such as mandatory school attendance, counseling, community service, lose license)
Appeal: the juvenile can appeal the ruling if there is evidence to prove they were innocent

7. History
1906
Georgia General Assembly passed a law creating a juvenile court.
1911
Fulton County was first to set one up.
Purpose
To protect the well-being of children
To make sure that children entering the jurisdiction of the court receive the care, guidance, and control needed
to provide care for children who have been removed from their homes.

8. Terms Juvenile Person under 17 Status offense
Offenses that would NOT be crimes if committed by adults
Unruly juvenile
a juvenile who commits a status offense
Deprived juvenile
a juvenile that is abused or neglected, or who does not have parents (may be cared for until age 18)
Delinquent juvenile
a juvenile who commit acts that would be crimes if committed by adults (age 17 considered adult)
Any delinquent act (age 13-16) can go to adult court!

9. Examples of status offenses
Truancy
Failure to attend school between the ages of 6-16
Running away from home
Curfew violations
Alcohol
Tobacco
Disobeying parents

10. How Judges are Selected
Juvenile Court
Court
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
Juvenile
(no jury)
~ Appointed by superior court judges
~ 4 year terms
Must be 30 years old, practiced law 5 years, lived in GA 3 years
(may be full or part-time)
159
Original for delinquents under 17 or deprived under 18
(Concurrent with superior in some cases)
~ delinquent &
unruly offenses
by children
~ deprived &
neglected
children
~ minors seeking
permission to
marry or
join military
~traffic violations (minors)

11. Comparison to adult system
Crime = Offense
Arrest = Taken into custody
Trial = Adjudicatory hearing
Conviction = Adjudication
Sentence = Disposition

12. Juvenile Justice Reform Act (7 Deadly Sins Act)
law that permits juveniles charged with certain violent crimes to be tried as adults in Superior Court (age instantly in the adult system)
If found guilty, juveniles are housed in the juvenile section within the adult prison or at the YDC until their 17th birthday; then they move into the general adult population
There are some offenses where the juvenile court can determine if a child should be charged as a juvenile or an adult (Ex. Age 15 charged with delinquent act)

13. 7 delinquent behaviors that result in juveniles tried as adults
Murder (life imprisonment under 17)
rape (life imprisonment with/without parole, 25 years +probation; register as sex offender for life- $250 fee)
armed robbery with a firearm (life imprisonment or years; at least 15 if robbing to get drugs)
voluntary manslaughter (1-20 years imprisonment)
aggravated child molestation (life imprisonment or 25+probation; register as sex offender)
aggravated sexual battery (life imprisonment or 25+probation and must register a sex offender)
aggravated sodomy (life imprisonment with possibility of parole or 25+probation)

14. Juvenile Rights when taken into custody
quick and fair trial (hearing)
notification of charges
remain silent -do not have to testify against themselves
an attorney
may confront and question witnesses, present a defense, introduce evidence, testify on their own behalf
may have a parent or guardian present before they can be questioned
Right to have parents contacted immediately
Right not to have names or photographs made public
Two phone calls (parent and attorney)
No jury (not a public trial)
Not placed with adult offenders (until 17th birthday)