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Georgia State Judicial Branch SS8CG4: SS8CG4: The student will analyze the role of the judicial branch in Georgia state government.
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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
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Georgia’s Judicial Branch felony 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). capital felony A capital felony is punishable by death (murder). misdemeanor A misdemeanor has a less severe punishment of jail or fine (shoplifting, cruelty to animals, and assault & battery with minor injuries).
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Laws are divided into two categories: Criminal & Civil Laws Criminal Law: Criminal Law: protects society from individuals The accused or defendant will be tried in criminal court. A prosecutor (lawyer for GA) will start legal action against the person who is accused of a crime Crime: Crime: a serious offense that breaks the law in Georgia
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Laws are divided into two categories: Criminal & Civil Laws Civil Law: Civil Law: deals with the relationship between individuals (reality TV court shows) Think of an example from TV or from your own knowledge. Tort: Tort: an injury or wrong done to a person. The person sues for money (called damages) in a civil court. Plaintiff: Plaintiff: Person who sues Defendant: Defendant: Person who is being sued
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Georgia’s Judicial Branch Appellate Court Appellate Court reviews cases from lower courts (no witnesses and no juries). - includes the Supreme Court and the Court of Appeals Trial Courts Trial Courts hear criminal and civil cases –examples: magistrate, juvenile, state, superior, probate, municipal
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Juvenile Court System SS8CG6: The student will explain how the Georgia court system treats juvenile offenders.
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Juvenile Court System Juvenile: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
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Juvenile Court System Every county has a juvenile court. Purposes: –help and protect children –provide care for children removed from homes Delinquent Act:Delinquent Act: act that would be a crime if committed by an adult (example: burglary) Status Offense:Status Offense: act that would not be a crime if committed by an adult (example: smoking)
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Steps in Juvenile Justice Process 1.Juvenile “taken into custody” (arrested) 2.Intake: intake officer evaluates case 3.Detain or release (to parents) 4.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
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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: 1.Murder 2.Voluntary Manslaughter 3.Rape 4.Sodomy 5.Child Molestation 6.Sexual Battery 7.Armed robbery with a firearm Superior courts handle these cases, not juvenile courts. Mandatory 10-year sentences were a part of the new law.
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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.
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Ticket out the Door Question In your own words, what is the Seven Deadly Sins Act that the General Assembly made law in 1994?
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