1. Georgia State Judicial Branch
SS8CG4: The student will analyze the role of the judicial branch in Georgia state government.

2. The First Five December 10, 2013
Agenda Message: Study for tomorrow’s Unit 5 Quiz (Vocabulary & class notes) Today’s Warm-up: CRCT Practice Questions
Who was the 1st explorer to enter present-day Georgia?
Juan Ponce de Leon
Christopher Columbus
Hernando de Soto
Vasco da Gama
2. What was the 1st permanent British
colony in North America?
Roanoke Island
Jamestown
Georgia
Massachusetts Bay
3. Which term BEST describes the kind of people Oglethorpe and the other trustees wanted to bring to Georgia?
Former convents
Well educated
Deeply religious
Poor but worthy

3. Georgia’s Judicial Branch
Made up of state’s courts
Purpose:
interpret state constitution
protect legal rights of citizens
enforce laws of the state
Due Process of Law: amendments in the Constitution that make sure everyone is protected from abuse by the government.
Examples of Due Process include:
Right to a fair and public trial
Right to be present at the trial
Right to an impartial jury
Right to be heard in one's own defense

4. Criminal Law versus Civil Law
State laws are divided into two categories:
criminal laws (protect society from the wrongdoing of an individual)
civil laws (deal with relationships between and among individuals)
When a crime is committed, the state starts legal action in a criminal court against the person accused.
In contrast, a tort is an injury or wrong done to a person that can be compensated with the payment of money. A single act may be both a crime and a tort.
If criminal statues are violated, a person has a right of action, or a civil case, against the offender.
If insurance does not satisfy person(s) in a civil case, he or she, as plaintiffs, can sue (file a lawsuit against) the offender (called the defendant).

5. Disputes over Legal Rights
Since our government abides by rule of law, it has a major role in settling disputes.
The judicial branch of government uses court systems to adjudicate matters:
Both sides of a legal argument or question of law are heard by the court.
A decision is made by the court.

6. Describing Courts
When a court has authority to decide a case, it has jurisdiction over it:
Original jurisdiction usually means a trial complete with witnesses, evidence, a judge, and a jury (citizens determine the facts of the case).
Courts of limited jurisdiction (handling criminal cases and some civil matters) deal with less serious cases or those involving specific issues.
Appellate jurisdiction takes up where courts of original or limited jurisdiction leave off.
Note: An appeal (take case to higher court for rehearing) may be made in a criminal or civil case.

7. Georgia’s Court System

8. Courts of Original Jurisdiction
The Superior Court hears both civil and criminal cases.
Superior court judges preside over all felony trials – (sometimes serious violent juvenile offenders).
Superior court judges are elected to 4-year terms in circuit-wide, nonpartisan elections.
Candidates for judges must be a lawyer who has practiced law for at least 7 years.

9. Courts of Limited Jurisdiction
State courts:
misdemeanors are heard (most traffic violations)
search and arrest warrants are issued
Probate courts:
deal with wills and estates of deceased persons
issue licenses for marriage and to carry firearms
appoint a legal guardian as needed, etc.
Magistrate courts:
issue warrants, hear minor criminal offenses, hear civil cases involving amounts of $15,000 or less
do not hold jury trials
Juvenile courts were established to give attention to the treatment of juveniles:
handle cases of deprived/neglected children
see to delinquent/unruly child offenses
supervise juvenile traffic violations

10. The First Five December 11, 2013
Agenda Message: Unit 6 CDA on the following Thursday…STUDY!
Today’s Essential Question:
How does Georgia’s judicial system provide justice and protect the rights of its citizens?

11. Municipal Courts Municipal courts have been established to:
handle traffic offenses and violations of local regulations
issue warrants, and, in some instances
hear misdemeanor cases (e.g., shoplifting)
Municipal court judges are often appointed by the mayor, but some are elected.
There are approximately 370 municipal courts operating in Georgia.
Link: Georgia’s District and Circuit Courts

12. Settling Disputes Peacefully
Laws must be respected and observed.
Laws can be repealed under the doctrine known as judicial review.
Ways to settle disputes peacefully include:
filing a lawsuit in a civil matter
mediation
arbitration
compromise
negotiation
collaboration
non-violent protest

13. Georgia’s Judicial Branch
Supreme Court is state’s highest court.
Supreme Court judges are called Justices. State justices are elected to six-year terms.
The Chief Justice (leader) is chosen by the other justices.
Appellate Court (Court of Appeals) reviews cases (no witnesses and no juries). It is the 2nd highest court in the state.
Trial Courts hear criminal and civil cases
examples: magistrate, juvenile, state, superior, probate, municipal

14. Laws are divided into two categories: Criminal & Civil Laws
Criminal Law: protects society from individuals
Crime: a serious offense, where a prosecutor (lawyer for GA) will start legal action against the person who is accused of a crime
The accused or defendant will be tried in criminal court.

15. Laws are divided into two categories: Criminal & Civil Laws
Civil Law: deals with the relationship between individuals (reality TV court shows)
Tort: an injury or wrong done to a person. The person sues for money (called damages) in a civil court.
Plaintiff: Person who sues
Defendant: Person who is being sued

16. Georgia’s Judicial Branch
A felony is a serious crime.
It is punishable by a prison sentence of more than 1 year (arson, kidnapping, robbery, rape, burglary, selling drugs, & car theft).
A capital felony is punishable by death (murder).
A misdemeanor has a less severe punishment of jail or fine (shoplifting, cruelty to animals, and assault & battery with minor injuries).

17. Misdemeanor Crimes in Georgia
Misdemeanors are punishable by:
Fine of up to $1,000
Up to 12 months in county jail
Both a fine & time in county jail
Up to 12 months in a state diversion center
For example, simple battery (hitting someone) is a misdemeanor under Georgia’s laws.

18. Felony Crimes in Georgia
These crimes are generally treated as felonies:
Rape
Murder
Robbery
Grand Theft: Commit a crime of any type and the value is over $400.00
Burglary
Selling Drugs
Kidnapping
Assault & Battery: Harm another person
Fraud: Intent to be deceitful
These crimes are punishable by one year in prison to a life sentence

19. State Prisons
Georgia has a total of almost 80 state prisons within it's state lines.
They are located all over the state.
This number includes both men's and women's prisons, but does not include jails or federal prisons in Georgia.

20. Pretrial Proceedings arrest (suspect taken into custody)
booking (official record of the arrest)
initial appearance (by suspect) before magistrate judge
preliminary hearing (magistrate judge determines if crime was committed and probable cause or causes)
a grand jury indictment (a formal accusation of a serious crime)
an arraignment before superior court judge (suspect may enter a plea of guilty or not guilty)
possible plea bargaining (process of negotiating for a less serious charge)
A crime is serious offense, regarded as an injury to society.

21. The Trial
jury selection (trial process begins, has 12 jurors, at least one alternate)
opening statements (prosecutor and defense attorney speak to the jury; state expectation to be proved)
presentation of evidence and cross-examination of witnesses
closing statements (final arguments by defense attorney and prosecutor are made to the jury)
jury deliberation/verdict (jurors discuss among themselves the case and reach a decision)
sentencing (judge discloses length of time to be served in prison if verdict is guilty; sets amounts of payment for restitution; or dismisses defendant if not guilty)
Most evidence is presented by witnesses.

22. The Appeal
There are several actions that can take place after a trial:
If the defendant was found guilty, his/her lawyer may file a motion for a new trial.
The defense lawyer can then file a notice of appeal to the appellate court giving reason(s) why the case should be reviewed.
If the appellate court reverses the previous decision, the case goes back to superior court.
If the court upholds the guilty verdict, the sentence is carried out.

23. Ticket out the Door Question
What is the difference between criminal and civil law?

24. Juvenile Court System
SS8CG6: The student will explain how the Georgia court system treats juvenile offenders.

25. Juvenile Court System Juvenile: citizen under the age of 17.
Common crimes are:
1. truancy(not going to school)
2. Drugs
3. drinking alcohol
4. loitering (hanging around a public place
without permission)
5. violating curfews
6. running away from home

26. Deprived Child
Deprived child is a legal name for a child under the age of 18 who is without adequate food, shelter, or protection:
The state prosecutes parents/guardians who neglect children under their care.
DFCS (Georgia’s Division of Family and Children Services) helps children who are abused.
A guardian ad litem is a person appointed by the juvenile court to represent a child’s best interest in any legal proceedings.

27. Unruly Child
A child who commits an act that would not be considered a crime if committed by an adult is called an unruly child or a status offender.
Behaviors displayed by an unruly child 17 or under:
absent from school on a regular basis without legitimate excuse (truant)
run away from home
disobeys reasonable commands from parent/guardian
hangs around public places between midnight and 5:00 a.m.
goes to a bar without parent or possesses alcoholic beverages,
disobeys terms of supervision contained in a court order
Unruly behaviors may be handled through informal adjustment:
Family is given counseling and a plan of supervision for a child.
A period lasting at least 90 days and may be extended another 90 days.
The juvenile has to follow certain conditions and restrictions.

28. Juvenile Court System Every county has a juvenile court. Purposes:
help and protect children
provide care for children removed from homes
Delinquent Act: act that would be a crime if committed by an adult (example: burglary)
Status Offense: act that would not be a crime if committed by an adult (example: smoking)

29. Steps in the Juvenile Justice System
Reasonable suspicion is something more concrete than a “hunch” but less certain than probable cause.
A regional youth detention center (RYDC) is a holding facility for juveniles.
Intake
The juvenile court designates a court officer (intake officer).
Procedures of intake officer include: investigating charges, determining which of 4 options to follow, and deciding whether to release juvenile into custody of parents or guardian or detain at the RYDC.
Detention Hearing
Within 48 hours of being detained at an RYDC, a juvenile court judge reviews the intake officer’s report.
Judge decides whether to detain juvenile (hearing takes place within 10 days) or release on bail (hearing takes place within 60 days).

30. Ticket Out the Door By Georgia law, who is considered a juvenile?
What is the difference between a delinquent act and a status offense?

31. The First Five December 12, 2013
Agenda Message: Complete Juvenile Justice System worksheet
Today’s Warm-up:
Delinquent juveniles are those who…
commit traffic offenses.
Neglected or abused by parents or guardians.
Are under 17 years of age and who commit acts that would be crimes if they were committed by an adult.
Are under 18 years of age and who commit acts that would not be considered crimes if they were committed by adults.

32. Steps in Juvenile Justice Process
Juvenile “taken into custody” (arrested)
Intake: intake officer evaluates case
Detain or release (to parents)
Detained juveniles sent to YDC (youth detention center)
5. Probable cause hearing before a judge (Judge Peggy Walker for Douglas County) 6. Dismissal, informal adjustment, or formal hearing 7. Sentencing/ Consequences

33. Georgia’s Seven Deadly Sins Act
In 1994, the General Assembly made a law about violent youth crime.
Juveniles could be treated as adults by the courts if charged with crimes such as:
Murder
Voluntary Manslaughter
Rape
Sodomy
Child Molestation
Sexual Battery
Armed robbery with a firearm
Superior courts handle these cases, not juvenile courts.
Mandatory 10-year sentences were a part of the new law.

34. Rights of Juveniles
Juveniles have the right to a fair and speedy trial.
There are no juries in juvenile cases.
Parents or guardians may be present at hearings.
An attorney must be provided if child’s parents cannot afford one.

35. Ticket out the Door Question
In your own words, what is the Seven Deadly Sins Act that the General Assembly made law in 1994?

36. The First Five December 13, 2013
Agenda Message: Unit 5 CDA = Wednesday & Unit 6 CDA = Thursday
Collect last night’s homework for a grade
Today’s Warm-up:
Respond to the following Juvenile Justice System questions (Think-Pair-Share):
Allison is caught at her neighbor’s house during a party with an alcoholic drink in her hand. What type of behavior would this be classified as? What will happen to her? If Allison is caught again with an alcoholic drink what might happen to her?

37. Juvenile Justice Video