1. The Judicial Branch Part 2 (courts)

2. Standard
SS8CG4 The student will analyze the role of the judicial branch in Georgia state government.
Element
Explain the structure of the court system in Georgia including trial and appellate procedures and how judges are selected.

3. Essential Question
What is the role of the judicial branch of Georgia government, and how is it organized?

4. Steps in the Criminal Justice Process
Pretrial
Arrest (Investigation-if no evidence, no arrest)
If evidence is found of a crime, person is taken into custody
Booking – officers make official arrest report and hold suspect in jail
Initial appearance –suspect appears before magistrate judge where charges are explained; The suspect may be released on bail
Preliminary hearing (must be within 48 hrs if no warrant, 72 hrs with warrant) present evidence
Misdemeanor- judge sets date for trial
Felony- grand jury will decide if enough evidence to indict

5. Pretrial continued
Grand jury indictment- group of citizens examines evidence to determine if the suspect should be charged with a crime. If there is enough evidence, they issue an indictment.
Assignment before Superior Court - Arraignment (suspect may plead guilty or not guilty; if not guilty, the case moves to trial)
*Admitting guilt/plea bargaining – if suspect pleads guilty, the judge will sentence and there is no trial. Suspect may plea bargain (admit to a lesser offense). If prosecutor agrees, the suspect is sentenced for lesser offense and there is no trial.

6. Steps in the Criminal Justice Process
Trial
Selecting a jury: 12 citizens are selected as jurors (6 in state court)
Opening statements: both attorneys are given the opportunity to speak directly to the jury to explain what they hope to prove in the case.
Presentation of evidence: witnesses are called to the stand to give testimony. The prosecution goes first, but the defendant’s attorney is allowed to cross-examine the witness. Next, the defense presents witnesses and the prosecution cross-examines.
Closing statements: after all witnesses have spoken, both attorneys present their final arguments

7. Trial continued
Jury deliberation and verdict: the jury discusses among themselves and decide if they think the defendant is guilty or not. They notify the judge. If not guilty, the defendant is released.
Sentencing: If guilty, the judge determines the sentence (can include imprisonment, fines, probation, restitution); only a jury can impose a death sentence. After imprisonment, parole, probation
*Appeal: If mistakes were made in the case, or the defendant maintains innocence, he/she can make an appeal where an appellate court will review the case. If they overturn the ruling, the case goes back to the superior court for a new trial.

8. Create a new ISN page entitled Who’s at the Courthouse?
Use the brochure/posters to create a page describing and/or illustrating all of the people you would find in a courtroom (hint: there are 8)
Save space at the bottom of the page to list rights of defendants.
Who’s at the Courthouse?
Rights of Defendants

9. Rights of defendants speedy trial Fair trial public trial attorney
be silent so as not to incriminate themselves
call witnesses
confront witnesses
innocent until proven guilty
guilty or not guilty is determined by jury
Due process (rules and procedures must be followed and citizens’ rights may not be violated)

10. The Structure of Georgia’s Court System
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
Superior
(jury trials)
~ Elected to 4 year
terms (nonpartisan)
~ circuit-wide elections
Qualifications: 30 years old, citizen for 3 years, must have practiced law for at least 7 years
159
49 circuits
General jurisdiction
(Exclusive over felonies, divorce, and land cases)
Appellate jurisdiction over probate and magistrate courts)
~ civil trials
~ criminal trials
~ felony trials
~ divorce cases
~ land titles
~juveniles who commit serious felonies

11. The Structure of Georgia’s Court System
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
State
(jury trials)
~ Elected to 4 year terms
~ countywide elections
Must be at least 25, lived in GA 3 years, and have practiced law for 7 years
(about half of these judges are part-time)
70 counties have state courts
Limited 
(civil unless superior court is required)
~misdemeanors
~ traffic & civil cases
~ initial criminal
case hearings (preliminary hearings)
~ issue search
warrants

12. The Structure of Georgia’s Court System
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)

13. The Structure of Georgia’s Court System
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
Probate
(jury trials)
~ Elected to 4 year
terms
~ countywide elections
(in counties >96, years old, practiced law for 7+ years;
<96,000 high school graduate, county resident 2+ yrs)
159
Original in 
~ wills & estates
~ marriage & firearms
licenses
~ appointing legal
guardians
~involuntary hospitalization
~ traffic violations (in some counties)
~print election ballots and count votes (some counties)

14. The Structure of Georgia’s Court System
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
Magistrate
(no jury trials)
~ Either elected or
appointed
25+ years old, high school graduate, county resident 1+ year (other qualifications may be imposed by local legislation)
159
Original for 
~ issue warrants
~ minor criminal
offenses
~ civil cases ($15,000
or less)
~ civil disputes
~ search & arrest
warrants
~bail
~county ordinance violations
~preliminary hearings

15. The Structure of Georgia’s Court System
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
Municipal
(no jury)
~ Either elected or
appointed
(qualifications set by local legislation)
370
Limited to city
~ issue warrants
~ violations of city ordinances
~ search & arrest
warrants
~preliminary hearings
~Traffic violations in city limits

16. The Structure of Georgia’s Court System
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
Court of Appeals
~ 12 judges
(4 panels of 3 judges)
~ Elected to 6 year
terms; chief 2–year elected by other judges
~ statewide elections
Must have practiced law 7 years
4 divisions
Appellate
(court of review)
~ reviews civil &
criminal cases
previously heard
by trial courts
UNLESS the Supreme Court has exclusive jurisdiction

17. The Structure of Georgia’s Court System
How Judges are Selected
Number of Courts
Jurisdiction
Responsibilities
Supreme
~ 6 Justices
~ 1 Chief Justice and 1 presiding justice elected by other justices
~ Elected to 6 year
terms
~ Elected statewide
Must have practiced law for 7 years 1
Appellate
(court of review)
Exclusive over 
~ reviews decisions
made in civil or
criminal cases by
trial courts or Court of Appeals
~ determines if laws
are constitutional
~ challenges to
elections
~ automatically review death sentence
cases
~divorce
~constitutionality of law
~wills
(Court of Last Resort)

19. Superior Court Info
The Superior Court is Georgia’s general jurisdiction trial court. It has exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land. The exclusive jurisdiction of this court also covers such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition. The Superior Court corrects errors made by lower courts by issuing writs ofcertiorari; for some lower courts, the right to direct review by the Superior Court applies.
Superior Courts are organized into 10 Judicial Districts, comprising 49 judicial circuits. Each county has its own Superior Court, though a judge may serve more than one county. A chief judge handles the administrative tasks for each circuit.
Superior Court judges are elected to four-year terms in nonpartisan, circuit-wide races. To qualify as a Superior Court judge, a candidate must be at least 30 years old, a citizen of Georgia for at least three years, and have practiced law for at least seven years. Superior Court judges who have retired and taken senior status may hear cases in any circuit at the request of a local judge, an administrative judge, or the governor.

20. Court System
Record at least 2 facts in your Video Log