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 ID: 535285
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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?Slide2
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.Slide3
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. Slide4
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).Slide5
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.Slide6
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 16Cannot run away from homeCannot 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/guardiansSlide7
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.Slide8
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 lawThis can include up to 5 years in a detention facilitySlide9
Delinquent Act or Status Offense?
Shoplifting?Delinquent actTruancy?Status offenseBreaking City Curfew?Status offenseJoyriding?
Delinquent act
Possessing Alcohol?
Status offenseRunning Away from Home?Status offenseRobbery?Delinquent actSmoking Tobacco?Status offenseSlide10
Know the law…cartoon examples, but it’s real life!
What if I’m with someone who’s committing a crime?http://www.sc.lawforkids.org/Media/shoplifting-accompliceIsn’t it my right to run away if I want to?
http://www.sc.lawforkids.org/Media/running-away
What if was just a prank?
http://www.lawforkids.org/Media/kirk-and-marco-2http://www.sc.lawforkids.org/Media/egging
What can happen to me if I drink alcohol before I am the legal age?http://www.sc.lawforkids.org/Media/alcohol-underageSlide11
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 TRIALSlide12
Steps in the Juvenile Justice Process
Step 1: IntakeJuvenile 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 courtSlide13
Steps in the Juvenile Justice Process
Step 2: CustodyWhen 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. Slide14
Steps in the Juvenile Justice Process
Step 3: Probable Cause HearingA probable cause hearing must be held within 72 hours.The judge has 3 options:
dismiss
the case, have an
informal adjustment or a formal hearingAn 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 daysMay be required to attend school regularly, participate in counseling, pay for damages or complete community service.Slide15
Steps in the Juvenile Justice Process
Step 4: Formal HearingComplaining 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.Slide16
Steps in the Juvenile Justice Process
Step 5: SentencingRelease the juvenile to the custody of parents/guardian with no court supervisionPlace the juvenile on probationPlace the juvenile in a Youth Detention Center
for up to 90 days
Commit
the juvenile to the Dept of Juvenile JusticeSend the juvenile to a special program such as boot campAssign other punishments such as restitution and finesSlide17
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 13-17 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.Slide18
The Seven Delinquent Behaviors
These behaviors lead juveniles directly to adult court: (Superior Court will handle)Aggravated child molestation
Aggravated sexual battery
Aggravated sodomy
MurderRapeVoluntary manslaughterArmed robbery with a firearmThese crimes are punishable with harsh punishments, i.e., prisonSlide19
Juvenile Justice S
cenariosIn 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..Slide20
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.