1. Young People and the Law
SS8CG6 The student will explain how the Georgia court system treats juvenile offenders.
Essential Question: How does the Juvenile Justice system process differ from the adult system process? How does the rights of Juveniles differ from those of adults?

2. Juvenile Court System
In 1911, Fulton County became the first county in Georgia to set up a juvenile court. Today every county in Georgia has one.
Juvenile Courts have 3 main purposes:
1. To help and protect the well-being of children.
2. To make sure that any child coming under the jurisdictions of the court receives the care, guidance, and control needed.
3. To provide care for children who have been removed from their homes.

3. Definition of Georgia’s Juvenile
Georgia’s juvenile justice system has jurisdiction over children.
In Georgia, a person is considered to be a child if they are 17 years old or less.
In addition, someone who is 18 and deprived (child without supervision of parents or other caregiver) is also considered a child. 3

4. Georgia’s Juvenile’s
Most of the juveniles who are locked up in Georgia are jailed for non-violent crimes.
Examples: shoplifting, breaking windows, running away from home or truancy (failure to attend school).

5. Important Terms
An act that would be considered a crime if committed by an adult is a delinquent act. “Delinquent Juvenile”
An act that would NOT be considered a crime if committed by an adult is a status offense. “Unruly Juvenile”
When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be “taken in custody” rather than “under arrest.”
Deprived Juveniles are children under 18 who are neglected/abused by parents/guardians or who have no parents/guardians.

6. Special Status
Juveniles have special status under the law, which means they must also follow some laws that do not apply to adults:
Must attend school until at least age 16
Cannot run away from home
Cannot possess alcoholic beverages (until 21) or tobacco (until 18)
Have local curfews
Required to obey all of the reasonable and lawful instructions or commands of their parents/guardians

7. Juvenile courts in GA consider the following to constitute unruly behavior
The child frequently refuses to go to school.
The child frequently disobeys parents/caregivers.
The child runs away from home.
The child roams about on the streets between midnight and 5 a.m.
The child goes to a bar without his or her parents/caregivers, and/or is caught with alcoholic drinks in hand. 7

8. Juvenile Justice-Delinquent Behavior
Juvenile Courts may also decide if a child shows delinquent behavior (committing a crime)
A child who is under 13 cannot be tried for a crime in Georgia
Children 13 to 17 will be punished according to the law
This can include up to 5 years in a detention facility 8

9. Delinquent Act or Status Offense?
Shoplifting?
Delinquent act
Truancy?
Status offense
Breaking City Curfew?
Joyriding?
Possessing Alcohol?
Status offense
Running Away from Home?
Robbery?
Delinquent act
Smoking Tobacco?

10. Know the law…cartoon examples, but it’s real life!
What if I’m with someone who’s committing a crime?
What if was just a prank?
What can happen to me if I drink alcohol before I am the legal age?
Isn’t it my right to run away if I want to?

11. Juvenile Rights while in Custody
JUVENILES ARE NEVER UNDER ARREST INSTEAD THEY ARE TAKEN INTO CUSTODY
CHILDREN UNDER 18 HAVE A RIGHT TO…
A LAWYER
CROSS-EXAMINE WITNESSES
PROVIDE EVIDENCE TO SUPPORT ONE’S CASE
PROVIDE WITNESSES TO SUPPORT CASE
REMAIN SILENT
APPEAL
A TRANSCRIPT OF THE TRIAL 11

12. Steps in the Juvenile Justice Process Step 1: Intake
Juvenile is turned over to the intake officer who must investigate the case and decide if there is enough evidence (probable cause) to support the charges.
If there is enough evidence, the officer can do 2 things:
1. Release the juvenile to their parents/guardian
2. detain the juvenile (most are not detained)
Intake officers detain juveniles who might be a risk to run away, who might have nowhere else to go, who might be a risk to harm themselves or others, or who have been in trouble before.
Juveniles who are detained are housed in one of the state’s RYDC’s – Regional Youth Detention Center
Those who commit serious crimes may go to an adult jail and be tried in an adult court

13. Steps in the Juvenile Justice Process Step 2: Custody
When a juvenile is taken into custody by law enforcement officials, the parents and/or legal guardians are notified of the detainment.
An assessment of the potential risk to re-offend and risk of failure to appear for the court hearing is completed to determine immediate release or detention.
Finally, arrangements are made to release the juvenile to parents or transport the youth to a Regional Youth Detention Center (RYDC) if the youth is being securely detained or an alternative placement such as a shelter.

14. Steps in the Juvenile Justice Process Step 3: Probable Cause Hearing
A probable cause hearing must be held within 72 hours.
The judge has 3 options: dismiss the case, have an informal adjustment or a formal hearing
An informal adjustment is usually held for first offenders – they must admit wrongdoing.
The juvenile is under the supervision of the court for at least 90 days
May be required to attend school regularly, participate in counseling, pay for damages or complete community service.

15. Steps in the Juvenile Justice Process Step 4: Formal Hearing
Complaining witness files a petition outlining the wrongdoing.
A summons is issued to the juvenile to attend the hearing.
1st part: Adjudicatory Hearing – (like a trial without a jury) – Judge hears the case and makes a decision.
2nd part: Dispositional Hearing – Judge determines the punishment.

16. Steps in the Juvenile Justice Process Step 5: Sentencing
Release the juvenile to the custody of parents/guardian with no court supervision
Place the juvenile on probation
Place the juvenile in a Youth Detention Center for up to 90 days
Commit the juvenile to the Dept of Juvenile Justice
Send the juvenile to a special program such as boot camp
Assign other punishments such as restitution and fines

17. Georgia’s Seven Deadly Sins Act
In 1994, Georgia passed an amendment to the juvenile code that permits youths who are charged with certain serious crimes to be treated as though they were adults.
The superior court has sole jurisdiction over juveniles ages charged with such serious crimes that are referred to as the seven delinquent acts or seven deadly sins.
Juveniles who commit one of these serious crimes will serve a mandatory sentence of 10 years.

18. The Seven Delinquent Behaviors
These behaviors lead juveniles directly to adult court: (Superior Court will handle)
Aggravated child molestation
Aggravated sexual battery
Aggravated sodomy
Murder
Rape
Voluntary manslaughter
Armed robbery with a firearm
These crimes are punishable with harsh punishments, i.e., prison 18

19. Juvenile Justice Scenarios
In each scenario, decide whether the person should be tried as a juvenile or transferred to criminal court and tried as an adult. Explain the reasons for your decisions.. 19

20. Scenarios
Eric, age 15, is accused of robbing an 86-year-old woman at gunpoint. Eric, who has a long juvenile record including acts of burglary, brags about the robbery.
Marcia, age 17, is accused of killing a pedestrian while driving a stolen car. She has never been in trouble before, is remorseful about the killing, and claims that she planned to return the car after the short joyride.