What is a Juvenile? What does the word Justice mean?

Juvenile Justice

Warm Up: Juvenile Justice:

What is a Juvenile?

What does the word Justice mean?

Juvenile Justice

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.

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.

JUVENILE JUSTICE VS. ADULT JUSTICE

There are differences between the juvenile justice system and the adult justice system. One important difference is the basic purpose of the courts. In juvenile court, the emphasis is on rehabilitating youngsters. In adult court, the emphasis is on punishment.

Juvenile courts have jurisdiction over cases involving children under age 17, or children under 18 who don’t have a parent or guardian. Each of Georgia’s 159 counties has a juvenile court. All Georgia courts except juvenile court have jurisdiction in adult cases.

Different terminology is used in each system. For example, juveniles are “taken into custody,” while adults are “arrested.” If found guilty of a crime, juveniles are called delinquent, while adults are guilty.

WRITE ABOUT IT: WHY DO YOU THINK JUVENILES

SHOULD BE TREATED DIFFERENTLY THAN ADULTS BY THE

COURT SYSTEM?

Juvenile Justice Notes

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

In 1966, the Supreme Court ruled that juvenile have the same rights in the court system as adults The one exception is that juveniles (being tried as

such) do not have the right to a jury trial – to protect privacy

Juvenile Justice

Unruly behavior is also considered a status offense. This means this behavior would not be criminal if committed by an adult.

Sometimes status offenses are handled by offering appropriate adult supervision, or with drug or alcohol treatment (if necessary)

If the court decides unruly behavior is serious, the child may be committed to a juvenile justice detention center Children may be sentenced to up to two years time

Juvenile Justice – Unruly Behavior

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

Juvenile Justice-Delinquent

Behavior

Juvenile Courts may also decide 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

Juvenile Rights while in Custody

1. Right to have a lawyer

2. Right to cross-examine witnesses

3. Right to provide evidence to support own case

4. Right to provide witnesses to support own case

5. Right to remain silent

6. Right to appeal

7. Right to a transcript of the trial

The Seven Deadly Sins

These behaviors lead juveniles directly to adult

court: (Superior Court will handle) 1. Aggravated child molestation 2. Aggravated sexual battery 3. Aggravated sodomy 4. Murder 5. Rape 6. Voluntary manslaughter 7. Armed robbery with a firearm These crimes are punishable with harsh

punishments, i.e., prison

Juvenile Justice Process

Juvenile arrested

Released Detained

Juvenile Justice Process

Detained Delinquents:

Probable cause hearing

Petition filed by member of Department of Juvenile Justice within three days Petition outlines charges being brought against the juvenile

Judge looks over the case and decides if the child should be released or detained further

Takes place in two days or less

Juvenile Justice Process

Released Juveniles

Petition filed in 30 days or less

Juvenile Justice Process:

Next step

Adjudicatory Hearing: Judge decides if charges

are true or not (untrue-charges are dismissed)

Detained juvenile: Takes place in 10

Days or less

Released Juvenile: Takes place in 60

Days or less

Juvenile Justice: Next Step

If charges are true: Dispositional Hearing

(judge decides course of treatment)

Probation Detention Center (up to 5 years)

Transfer case to Superior Court

Video

“The Sentencing of Bill Thomas”

Take notes on your question sheet for discussion later

You decide

Other scenarios – if time…