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PART 2 JUDICIAL BRANCH INTERPRETS THE LAW. SS8CG4 JUDICIAL BRANCH 1 - Court System: Supreme Court...
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Transcript of PART 2 JUDICIAL BRANCH INTERPRETS THE LAW. SS8CG4 JUDICIAL BRANCH 1 - Court System: Supreme Court...
SUPREME COURT
Highest ranking court in Georgia 6 year terms 7 judges Popular vote/dies or resigns-governor appoints
replacement Is an appellate court
Reviews decisions from lower courts
Interprets the state constitution
Reviews all GA cases involving death penalty
Has final say in matters of law
COURT OF APPEALS
2nd highest ranking court in Georgia 12 judges/ 1 member is selected by
members to serve as Chief Judge 6 year term Popular vote Is an appellate court
Hears cases from lower courts
TRIAL COURTS
Hears original cases Criminal or Civil
Superior Courts-hear cases involving state law---highest ranking trial court
Juvenile Courts-hear juvenile cases
State Courts-hear civil and misdemeanor criminal cases
OTHER COURTS
Probate courts
Small claims courts
Municipal courts
Justices of the peace Traffic violations -appoints guardians
Game and fish law violations –issue arrest warrants
Minor traffic offenses -issue search warrants
Will/disposition of estates –violation of ordinances
Criminal casesState takes legal action against someone who has been arrested for committing a crime
The state bears the burden of proofMurderRobberyRape
CIVIL CASESBetween 2 or more partiesAre personalPlaintiff brings legal action against defendant and has to bear the burden of proof
Citizenship Property rights Child custody Contracts Marriages/divorces inheritance
TRIAL COURTS
1. Grand JuryDetermines whether or not persons accused of crimes should be indicted (officially charged and required to stand trial)2. Trial JuryA group of citizens who are charged with judging a person charged with a crime
STEPS IN CRIMINAL JUSTICE PROCESS
State or prosecution files criminal charges against an individual----
Trial determines guilt or innocence
CRIMES
1. felony: serious crime punishable by one or more years in prison, a fine of at least $1,000 or BOTH
2. misdemeanor: a less serious crime punishable by less than one year in prison, a fine of less than $1,000 or BOTH
AVOIDING TROUBLE/SETTLING DISPUTES
Mediation
Arbitration
Compromise
Negotiation
Collaboration
Nonviolence
1. COUNTY GOVERNMENTS
Authorized by state charter Carries out certain government functions:
Power to tax Cost of county administration
Police/legal system
Roads/bridges
Public health
Free medical care
Assistance to dependent children
Parks/libraries
Public education
MOST COUNTY GOVERNMENTS ARE HEADED BY ELECTED BOARDS OF COMMISSIONERS.
Board of Commissioners 4 year terms Popular vote
Clerk of superior court
Judge of probate court
Tax commissioner
Sheriff
Coroner
COMMISSIONERS HAVE THE AUTHORITY TO :::
County policies & ordinances County budget Establish tax rates Provide services to people of
county
2. CITY GOVERNMENT
A City exists as a political unit when it receives a charter form the state legislature
200 residents
3 miles from boundary of another city
60% of its land is divided into tracts for residential, business, industrial, institutional, or governmental purposes
Follows whatever the city charter authorizes
Provides: Police protection Licenses to businesses Traffic control Water and sewage services
WEAK MAYOR COUNCIL
City council has both legislative and executive powers Mayor has limited powers, appoints few city officials,
and has little veto power Mayor is more a figurehead who presides over council
meetings and performs other ceremonial duties
STRONG MAYOR COUNCIL
Mayor is a strong leader who proposes legislation, prepares the budget, appoints all department heads, and has veto power
ATLANTA, GEORGIA
COUNCIL MANAGER FORM
Voters elect a city council that establishes laws and policies
Mayor may be elected or named by the council
Council hires city manager who is responsible for daily operation of city, appoints heads of government, and sees that they carry out their jobs
3. SPECIAL PURPOSE GOVERNMENTS
Created for a single job or single group of tasks School systems MARTA Public Housing Authority fire departments Parks and recreation authorities airports port authorities
Special Purpose Governments govern themselves Example: school board
attendance dress code behavior/discipline schedules
Exist to provide for the public’s welfare
TWO IMPORTANT TERMS
Delinquent Act- would be considered criminal if committed by an adult
(burglary and car theft)
Status Offense- would not be considered criminal if committed by an adult
(running away from home and skipping school)
JUVENILE COURTS 3 main purposes:
To help and protect the well-being of children
To make sure that any child coming under the jurisdiction of the court receives the care, guidance, and control needed
To provide care for children who have been removed from their homes
JUVENILE COURTS-JURISDICTION OVER:
Juveniles who commit traffic offenses
Delinquent juveniles Unruly juveniles Deprived juveniles Juveniles under the supervision or
probation of the court Cases involving children who
need mental health service
Proceedings involving judicial consent for marriage, employment, or enlistment in the armed services when such consent is required by law
1. DELINQUENT JUVENILE
A juvenile who commits serious acts that would be considered criminal if an adult had committed them
Is under the age of 17
Thought to be in need of treatment or rehabilitation
2. UNRULY JUVENILE
If the parents cannot manage a young person whose actions would not be considered criminal if he/she were an adult
Absent from school on a regular basis without an excuse (truant)
Has run away from home
Disobeys reasonable commands from parent/guardian
Hangs out (between midnight-5:00a.m.)
Goes to a bar without parent or guardian or is in possession of alcoholic beverages
Disobeys terms of supervision in court order
3. DEPRIVED JUVENILE
One who has been neglected or who needs special help from the court and is under the age of 18
Does not have adequate food, shelter, or protection
Child is NOT at fault
State prosecutes parent or guardians who endanger or neglect children under their care
Abuse or neglect
Physical or psychological abuse
Guardian ad litem-person appointed by juvenile court to represent child’s best interest in legal proceedings
When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be “taken into custody” rather than “under arrest”.
Juveniles handled under the juvenile justice system have the same basic rights that other citizens have.
Juvenile cases are decided by a judge, not a jury.
Juvenile court proceedings can result in the loss or liberty.
Juveniles have the right to a fair trial: They must be notified of the charges against them
They are protected against self-incrimination
RIGHTS:
They have the right to an attorney
They have the right to confront and question witnesses against them
The accused has the right to present a defense
The right to introduce evidence
The right to testify on his/her own behalf
The right to have a parent /guardian present in all hearings
If a lawyer cannot be afforded, the court must appoint one to represent the child
STEPS IN PROCESS:
1. INTAKE
GUILTY-Released to custody of parents
or they are Detained 2. DETENTION
Probable cause hearing w/in 72 hours
Dismiss
Informal adjustment
Formal hearing
3. FORMAL HEARING complaint witness files petition
outlining wrong doing date set for formal
hearing/summons issued
Part 1- Adjudicatory Hearing (like a trial) Judge hears case & the defense Judge makes decision (guilty/2nd
hearing OR
not guilty (released)
4. SENTENCING
a. Released to custody of parents/guardian with NO
court supervision
b. Placed on probation
c. Placed in youth development center (up to 90 days)
d. Commit juvenile to Department of Juvenile Justice
e. Sent to special program (boot camp)
f. Assign other punishment (fines, restitution) & special conditions of probation (mandatory school attendance, community service, counseling, suspension/probation of driver’s license)
g. Transfer the case to Superior Court
5. RIGHT TO AN APPEAL Court has right to extend its
custody or supervision of the juvenile for up to 5 years
6. SEVEN DEADLY SINS Certain violent crimes committed by
juveniles that may result in the courts treating juveniles as adults.
1. murder 6. aggravated sexual battery
2. rape 7. voluntary manslaughter
3. armed robbery
4.aggravated child molestation
5. aggravated sodomy AGGRAVATED-something that makes a crime more
severe/worse
Just because a youth has been arrested for one of the 7 Deadly Sins does not mean he or she will be tried in the adult system.
Before an indictment, the superior court determines in which court the case will be heard.
If convicted in superior court, the juvenile serves a mandatory 10-year sentence without the possibility of parole.
7. DECISION
Before an indictment (a formal charge or accusation of a serious crime), the superior court determines in which court the case will be heard
8. CONSEQUENCES
If convicted in superior court, the juvenile serves a mandatory 10 year sentence without the possibility of parole.
http://www.gpb.org/georgiastories/stories/criminal_justice_and_the_juvenile
2. DISTRIBUTION:
STATE LEVEL: 1. education
2. wages/salaries of government employees
3. public safety
4. transportation
5. interest on debt