WHAT IS CIVICS / GOVERNMENT?. SS8CG1 The student will describe the role of citizens under Georgia’s constitution. a. Explain the basic structure of the.

WHAT IS CIVICS / GOVERNMENT?WHAT IS CIVICS / GOVERNMENT?

SS8CG1SS8CG1 The student will describe the role of The student will describe the role of citizens citizens under Georgia’s constitution. under Georgia’s constitution.

a. Explain the basic structure of the a. Explain the basic structure of the Georgia state constitution. Georgia state constitution. b. Explain the concepts of separation of powers b. Explain the concepts of separation of powers and checks and balances. and checks and balances. c. Describe the rights and responsibilities of c. Describe the rights and responsibilities of citizens. citizens. d. Explain voting qualifications and elections in d. Explain voting qualifications and elections in Georgia. Georgia. e. Explain the role of political parties in e. Explain the role of political parties in government. government.

Concepts:Governance

Distribution of Power

Federalism: A system where national, state and local government share authority over the same land and same people.

Powers of Federal and State Governments

• To regulate interstate and foreign trade

• To coin and print money

• To conduct foreign relations

• To establish post offices and roads

• To raise and support armed forces

• To declare war and make peace

• To govern American territories and admit new states

• To pass naturalization laws and regulate immigrations

• To make all laws necessary and proper to carry out its powers

State or Reserved Powers• To regulate trade within the state

• To establish local governments

• To conduct elections

• To determine voter qualifications

• To establish and support public schools

• To incorporate businesses

• To make marriage laws

• To license professional workers

• To keep all powers not guaranteed to the federal government nor prohibited by the states

Shared or Concurrent Powers:

• To collect taxes• To borrow money• To establish courts• To charter banks• To enforce laws and

punish law breakers• To provide health and

welfare to the people

• Life, Liberty, and Property• Freedom of Religion• Freedom of Speech and Press• Right to Bear Arms• Right to Assemble and Petition• Right to Trial by Jury• Protection from Unreasonable Searches and Seizures

POLITICAL PARTIES IN AMERICA

The Role of Political Parties

Political parties are organized groups of people who share common ideals and who seek to influence government policies and decisions by electing members of their party to government offices.

Today America has 2 major political parties – the Republican party and the Democratic Party. Members of these groups share common beliefs about government’s role in American life and the policies that government should support. People who are not members of these two major parties are usually referred to as independents.

There are minor political parties that do not have enough members to win major elections, but who do have an important role in the democratic process. Minor parties bring attention to specific minority ideas. As minor parties gather political support from more people, their ideas influence the thinking and the principles of party leaders in the two major political groups.

SS8CG2SS8CG2 The student will analyze the role of the The student will analyze the role of the legislativelegislative branchbranch in Georgia state government. in Georgia state government.

a. Explain the qualifications, term, election, and a. Explain the qualifications, term, election, and duties of members of the General Assembly. duties of members of the General Assembly. b. Describe the organization of the General b. Describe the organization of the General Assembly, with emphasis on leadership and Assembly, with emphasis on leadership and the committee system. the committee system. c. Evaluate how the legislative branch fulfills its c. Evaluate how the legislative branch fulfills its role as the lawmaking body for the state of role as the lawmaking body for the state of Georgia. Georgia.

Concepts:Governance

Distribution of Power

Georgia General Assembly• Georgia’s legislative

body is called the General Assembly.

• It is made up of the Georgia Senate and the Georgia House of Representatives.

• They hold session at the Georgia capital.

GEORGIA HOUSE OF REPRESENTATIVES

180 MEMBERS

LEGISLATIVE BRANCH

THE GENERAL ASSEMBLY

GEORGIA SENATE

56 MEMBERS

• MUST BE 21 YEARS OLD• GEORGIA RESIDENT FOR 2 YEARS• MUST LIVE IN DISTRICT

QUALIFICATIONS

• MUST BE 25 YEARS OLD• GEORGIA RESIDENT FOR 2 YEARS• MUST LIVE IN DISTRICT

• SERVE 2 YEAR TERMS• NO TERM LIMITS

TERM • SERVE 2 YEAR TERMS• NO TERM LIMITS

• 180 DIFFERENT HOUSE DISTRICTS• VOTE DURING GENERAL ELECTION EVERY EVEN NUMBERED YEARS

ELECTION• 56 DIFFERENT SENATE DISTRICTS• VOTE DURING GENERAL ELECTION EVERY EVEN NUMBERED YEARS

• PROPOSING (MAKING) LAWS• PASSING GEORGIA’S BUDGET• AMENDING THE CONSTITUTION

DUTIES• PROPOSING (MAKING) LAWS• PASSING GEORGIA’S BUDGET• AMENDING THE CONSTITUTION

• SPEAKER OF THE HOUSE (3RD IN LINE TO SUCCEED THE GOVERNOR)• MAJORITY PARTY LEADER • MINORITY PARTY LEADER• FLOOR LEADER (works with Governor)

LDERSHIP• LIEUTENANT GOVERNOR (2ND IN LINE TO SUCCEED THE GOVERNOR)• MAJORITY PARTY LEADER = PRESIDENT PRO TEMPORE • MINORITY PARTY LEADER

• 36 COMMITTEES (groups of representatives who meet to pass bills / laws)

COMM.SYSTEM

• 26 COMMITTEES

WHITE IS LOCATED IN SENATE DISTRICT 51

Students in the Georgia Senate Chamber

WHITE IS LOCATED IN HOUSE DISTRICTS 8, 10, AND 27.

Georgia House of Representatives

General Assembly Committees

• Committees in the General Assembly are groups of people (experts) that get together to do research and discuss amendments to proposed bills. Georgia Senators and House Representatives spend most of their time in committees discussing/amending bills. Every legislator is on several committees.

Steve Gooch (R) District 51

• This is your Georgia Senator

• He is on ALL of these committees:

- Appropriations - Member

- Economic Development - Vice Chairman

- MARTOC - Member

- Natural Resources and the Environment - Member

- Rules - Ex-Officio

- Transportation - Chairman

Who puts you on these committees?

• The leader in each house assigns you to a committee: President of the Senate & Speaker of the House. Sometimes legislators are happy about it – and sometimes they are not.

I don’t want to be on the Appropriations

Committee! Its boring!!!

Committees

• Here’s some examples of some committees and the types of bills they hear….

• Appropriations: Researches bills that require spending money

• Economic Development: Researches bills that deal with economic development (duh)

• Transportation: Researches bills involving highway safety, trains, etc…

• Government Oversight: Researches bills that claim the government is not following the law

Bills being Assigned to a Committee

• The President of the Senate and the Speaker of the House read the bills and assign them to committees. Watch this:

• http://www.gpb.org/lawmakers/2014/day-21

• Casey Cagle (Pres. Of the Senate assigns bills to committees) That bill goes to

the Education Committee!!!

Types of Committees• Standing Committees: Permanent committees (ex:

appropriations, education, etc…)• Study Committees: Established to study an issue or

complete a specific task (temporary)• Conference Committee: When the senate and the house

can’t agree on passing an important bill. A conference committee is composed of 3 members from the Senate and 3 members from the House of Representatives. They “conference” and come to a compromise (hopefully).

• Joint Committees: There’s only 2. Joint committees are composed of both House and Senate members. Legislative Services and MARTOC are joint committees.

Sometimes things get tense…

• Georgia’s Legislative branch creates laws for the state of Georgia.

• Examples Stupid laws: • Members of the state assembly cannot be ticketed for

speeding while the state assembly is in session.• Donkeys may not be kept in bathtubs.• Signs are required to be written in English.• No one may carry an ice cream cone in their back pocket if it

is Sunday.

• Examples of Smart laws:• Damaging mailboxes & school property is a felony.• If the teen applicant (under 18) for the instructional permit

has left school without graduation, has conduct infractions, or has a total of 10 unexcused absences from school they will not be allowed to apply for the instructional permit.

HOW A BILL BECOMES A LAWN

ew LawsN

ew LawsN

ew Laws

http://www.georgiabikes.org/index.php/resources/35/98-how-a-bill-becomes-law-in-ga

SS8CG3SS8CG3 The student will analyze the role of the The student will analyze the role of the executiveexecutive branchbranch in Georgia state government. in Georgia state government.

a. Explain the qualifications, term, election, and a. Explain the qualifications, term, election, and duties of the governor and lieutenant governor. duties of the governor and lieutenant governor. b. Describe the organization of the executive b. Describe the organization of the executive branch, with emphasis on major policy areas of branch, with emphasis on major policy areas of state programs; include education, human state programs; include education, human resources, public safety, transportation, economic resources, public safety, transportation, economic development, and natural resources. development, and natural resources. c. Evaluate how the executive branch fulfills its c. Evaluate how the executive branch fulfills its role through state agencies that administer role through state agencies that administer programs and enforce laws. programs and enforce laws.

Concepts:Governance

Distribution of Power

Georgia State Georgia State Government- Government-

Executive Executive BranchBranch

SS8CG 3SS8CG 3

Executive Branch

1. Largest branch of state government2. Responsibilities;

a. To ensure that the state’s laws are carried outb. To manage the day-to-day operations of the state

http://www.georgia.gov/00/channel_title/0,2094,4802_1361701,00.html

GOVERNOR EXECUTIVE BRANCH

LIEUTENANT GOVERNOR

• MUST BE 30 YEARS OLD• CITIZEN OF U.S. FOR 15 YEARS• RESIDENT OF STATE FOR 6 YEARS

QUALIFICATIONS

• MUST BE 30 YEARS OLD• CITIZEN OF U.S. FOR 15 YEARS• RESIDENT OF STATE FOR 6 YEARS

• SERVE 4 YEAR TERMS• CAN RUN FOR A SECOND TERM

TERM • SERVE 4 YEAR TERMS• NO TERM LIMITS

• MUST WIN THE PARTY PRIMARY • ELECTED BY CITIZENS - POPULAR VOTE DURING GENERAL ELECTION

ELECTION• ELECTED BY CITIZENS• DOES NOT HAVE TO BE FROM THE SAME PARTY AS THE GOVERNOR

• CHIEF EXECUTIVE OFFICER• COMMANDER IN CHIEF OF MILITARY• CAN VETO (REJECT) LAWS• CAN SIGN BILLS INTO LAW• APPOINTS PEOPLE TO OFFICES• HELPS DIRECT THE STATE BUDGET

DUTIES• PRESIDENT OF THE SENATE• DECIDES WHO SERVES ON THE DIFFERENT SENATE COMMITTEES• 1ST PERSON TO SUCCEED (REPLACE) THE GOVERNOR

Governor’s Powers

Formal Powers

Executive: * Appoint state officials

Legislative: 1.Sending messages to the General Assembly thru the Floor leader

2.Signing and vetoing bills

3.Calling special sessions

Judicial: 1.Pardoning criminals

2.Appoint State Justices

Informal Powers•Communicate to the public about issues

•Act as honorary head of political party

•Honoring individuals, holidays, events

•Adding new state symbols with legislatures approval

•Represent Georgia in meetings with other states

•Work with legislature to get laws passed

•Guide state agencies

Other Elected Officials

• http://georgia.gov/elected-officials

ORGANIZATION of the EXECUTIVE BRANCHSTATE DEPARTMENTS

DEPARTMENT OF EDUCATION

DEPARTMENT OF HUMAN RESOURCES

DEPARTMENT OF NATURAL RESOURCES

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF ECONOMIC DEVELOPMENT

Concepts:Governance

Distribution of Power

SS8CG4 The student will analyze the role of the

judicial branch in Georgia state government.

a. Explain the structure of the court system in Georgia including trial and appellate procedures and how judges are selected. b. Explain the difference between criminal law and civil law.

c. Describe the adult justice system, emphasizing the different jurisdictions, terminology,

and steps in the criminal justice process. d. Describe ways to avoid trouble and settle disputes peacefully.

e. Evaluate how the judicial branch fulfills its role in interpreting the laws of Georgia and ensuring justice in our legal system.

COURT TERMINOLOGYCOURT TERMINOLOGY JURISDICTION = GEOGRAPHICAL AREA AND THE TYPES

OF CASES A CERTAIN COURT IS ABLE TO HOLD

MISDEMEANOR = CRIME THAT RECEIVES LESS THAN ONE YEAR OF PUNISHMENT or FINE OF LESS THAN $1,000

FELONY = CRIME THAT RECEIVES MORE THAN ONE YEAR OF PUNISHMENT or FINE OF MORE THAN $1,000

PROSECUTOR = GOVERNMENT TRIAL LAWYER WHO TRIES TO PROVE A SUSPECTED CRIMINAL IS GUILTY

PLAINTIFF = A PERSON WHO SUES OR HAS A COMPLAINT AGAINST ANOTHER PERSON

DEFENDANT = A PERSON CHARGED WITH A CRIME

Terminology of the Justice SystemTerminology of the Justice System

Criminal courts try violators of the law; civil courts handle arguments between citizens.

Grand juries hear cases to determine if enough evidence is present to “officially charge” or indict the accused; Trial juries hear cases to judge whether the accused is guilty or not guilty (beyond a reasonable doubt)

Trial courts handle the original criminal or civil cases; while Appellate courts hear cases that are appealed from lower-ranking courts

WHAT’S THE DIFFERENCE BETWEEN CRIMINAL LAW AND WHAT’S THE DIFFERENCE BETWEEN CRIMINAL LAW AND CIVIL LAW?CIVIL LAW?

CRIMINAL LAWMisdemeanors (less

than one year in jail) and Felonies (more than one year in jail)

The national, state, or local government (Prosecutor) claims a person (the Defendant) committed a crime.

If found guilty by a judge or jury the Defendant is sentenced to either jail, probation, community service, and/or a fine

CIVIL LAWA person or group that

has a complaint against another person or group

Plaintiff sues a Defendant and a judge must determine guilt based on facts, evidence, and testimony

If Plaintiff wins the case the Defendant must pay money (damages) or stop doing what they were charged with

The defendant never goes to jail if found guilty in a Civil case

The Adult Justice System

• The trial courts of the state hear original cases. Each court has a special jurisdiction (the range of actions over which the court has control or influence). – Ex: Juvenile Court: 17 and under– Ex: Probate Court: Wills & estates

• An important part of the Georgia Court system is the concept of a jury trial (Superior, State & Probate). There are two types of jury trials. – Grand Jury: Determines whether or not a person accused should

be indicted (officially charged) and required to stand trial.– Trial Jury: A group of people who are charged with judging a

person charged with a crime.

Criminal Law & Civil Law

• Civil Cases: Disputes between two of more persons

• Criminal Cases: Cases involving violation of the law.

• Criminal lawsuits are personal (marriage, child support, property rights, divorce…) Plaintiffs bring lawsuits against defendants.

• The state (called the prosecution) brings criminal charges against an individual, and a trial determines there guilt.

Misdemeanor versus Felony

Misdemeanor

1.Less than a year in prison

2.A fine of less than $1,000

Example: speeding tickets, vandalism less than $1,000

Felony

1.Punishable by a year or more in prison

2.A fine of at least $1,000

Example: theft of more than $500, murder, rape, etc…. Discuss road sign theft…

WHAT ARE THE DIFFERENT TYPES OF TRIAL COURTS IN GEORGIA?

WHAT ARE THE DIFFERENT TYPES OF TRIAL COURTS IN GEORGIA?

• WILLS, INHERITANCES, MARRIAGE, AND FIREARM LICENSES

• ONE JUDGE PER COUNTY ELECTED BY POLITICAL PARTY (PARTISAN)

• JURY TRIAL ONLY IN COUNTIES WITH 96,000+ PEOPLE

• WILLS, INHERITANCES, MARRIAGE, AND FIREARM LICENSES

• ONE JUDGE PER COUNTY ELECTED BY POLITICAL PARTY (PARTISAN)

• JURY TRIAL ONLY IN COUNTIES WITH 96,000+ PEOPLE

• SMALL CLAIMS COURT• ISSUE ARREST

& SEARCH WARRANTS

• SMALL CIVIL CASES UNDER

$15,000• JUDGE ONLY

(MAGISTRATE), NO JURY

• SMALL CLAIMS COURT• ISSUE ARREST

& SEARCH WARRANTS

• SMALL CIVIL CASES UNDER

$15,000• JUDGE ONLY

(MAGISTRATE), NO JURY

• JUDGES ALL CHILDREN UNDER 18 YRS OLD WHO ARE DEPRIVED

OR NEGLECTED• JUDGES UNRULY AND

DELINQUENT BEHAVIORS OF CHILDREN UNDER 17 YEAR OLDS

• JUDGES ARE APPOINTED, NO JURY

• JUDGES ALL CHILDREN UNDER 18 YRS OLD WHO ARE DEPRIVED

OR NEGLECTED• JUDGES UNRULY AND

DELINQUENT BEHAVIORS OF CHILDREN UNDER 17 YEAR OLDS

• JUDGES ARE APPOINTED, NO JURY

• JURY TRIAL THAT HANDLES MANY CIVIL AND MISDEMEANOR

CASES, HANDLE FELONIES INCLUDING VIOLENT FELONIES BY

JUVENILES• NONPARTISAN

JUDGES SERVE 4 YR TERMS

• JURY TRIAL THAT HANDLES MANY CIVIL AND MISDEMEANOR

CASES, HANDLE FELONIES INCLUDING VIOLENT FELONIES BY

JUVENILES• NONPARTISAN

JUDGES SERVE 4 YR TERMS

• JURY TRIAL THAT HANDLES MISDEMEANORS, CIVIL CASES,

AND TRAFFIC VIOLATIONS• NONPARTISAN ELECTION JUDGES SERVE 4 YR TERM

• JURY TRIAL THAT HANDLES MISDEMEANORS, CIVIL CASES,

AND TRAFFIC VIOLATIONS• NONPARTISAN ELECTION JUDGES SERVE 4 YR TERM

WHAT ARE THE DIFFERENT TYPES OF APPELLATE COURTS IN GEORGIA?

• GEORGIA’S HIGHEST COURT• REVIEWS CIVIL AND

CRIMINAL CASES IN TRIAL COURTS AND COURT OF

APPEALS• HANDLES ALL CASES

INVOLVING THE DEATH PENALTY

• MAKES SURE ELECTIONS ARE FAIR

• 7 JUSTICES (JUDGES) ARE ELECTED TO SIX YEAR TERMS

• THE CHIEF JUSTICE IS CHOSEN BY THE OTHER

JUDGES• NO WITNESSES OR JURIES

• GEORGIA’S HIGHEST COURT• REVIEWS CIVIL AND

CRIMINAL CASES IN TRIAL COURTS AND COURT OF

APPEALS• HANDLES ALL CASES

INVOLVING THE DEATH PENALTY

• MAKES SURE ELECTIONS ARE FAIR

• 7 JUSTICES (JUDGES) ARE ELECTED TO SIX YEAR TERMS

• THE CHIEF JUSTICE IS CHOSEN BY THE OTHER

JUDGES• NO WITNESSES OR JURIES

• HANDLES APPEALS INVOLVING CIVIL AND TRIAL CASES FROM

THE SUPERIOR, STATE, AND JUVENILE COURTS• JUDGES ELECTED FOR

SIX YEARS• NO JURIES

• HANDLES APPEALS INVOLVING CIVIL AND TRIAL CASES FROM

THE SUPERIOR, STATE, AND JUVENILE COURTS• JUDGES ELECTED FOR

SIX YEARS• NO JURIES

Judicial ProcedureSteps in the Judicial Process

• Due Process of Law: rights and procedures that safeguard everyone against abusive government power.

• Read p. 150-161

Steps in of the Criminal Justice System

Initial Appearance

Crime Occurs

Arraignment or Plea

Investigation/Arrest or Citation

Preliminary Hearing or Trial Information Filed

Not Guilty

Discovery & Plea Negotiations

Sentencing

Guilty

Not Guilty

Trial

WHAT ARE WAYS TO SOLVE DISPUTES PEACEFULLY WITHOUT GOING TO COURT?

SS8CG6SS8CG6 The student will explain how the The student will explain how the Georgia court system treats Georgia court system treats juvenile offendersjuvenile offenders. .

a. Explain the difference between delinquent behavior a. Explain the difference between delinquent behavior and and unruly behavior and the consequences of each unruly behavior and the consequences of each b. Describe the rights of juveniles when taken into b. Describe the rights of juveniles when taken into custody. custody. c. Describe the juvenile justice system, emphasizing c. Describe the juvenile justice system, emphasizing the the different jurisdictions, terminology, different jurisdictions, terminology, and steps in the juvenile justice process. and steps in the juvenile justice process. d. Explain the seven delinquent behaviors that can d. Explain the seven delinquent behaviors that can subject juvenile offenders to the adult criminal process, subject juvenile offenders to the adult criminal process,

how the decision to transfer to adult court is made, how the decision to transfer to adult court is made, and the possible consequences. and the possible consequences.

Concepts:Governance

Distribution of Power

UNRULY BEHAVIOR(STATUS OFFENSES)

DELINQUENT BEHAVIOR

- REFUSES TO GO TO SCHOOL (TRUANCY)

- FREQUENTLY DISOBEYS PARENTS

- RUNS AWAY FROM HOME

- VIOLATES CURFEW 12:00am to 5:00am

- GOES TO A BAR WITHOUT PARENTS OR CAREGIVERS AND HAS ALCOHOL

JUVENILE BEHAVIOR

- CHILD 17 OR YOUNGER THAT COMMITS A DELINQUENT ACT WHICH WOULD BE A CRIMINAL ACT IF COMMITTED BY AN ADULT

- ARE NOT ARRESTED, INSTEAD THEY ARE DETAINED

- JUVENILES AREN’T SENTENCED TO JAIL, INSTEAD THEY ARE PLACED IN CUSTODY OF A YOUTH DETENTION CENTER

WHAT’S THE DIFFERENCE BETWEEN UNRULY BEHAVIOR

AND DELINQUENT BEHAVIOR?

JUVENILE COURT JURISDICTIONGEORGIA’S JUVENILE COURTS HAVE JURISDICTION OVER

THE FOLLOWING AREAS:

• UNRULY JUVENILES • DELINQUENTS JUVENILES• JUVENILES WHO COMMIT TRAFFIC OFFENSES• DEPRIVED JUVENILES (CHILDREN 18 OR YOUNGER LIVING AT HOME WHO ARE ABUSED OR NEGLECTED BY THEIR PARENTS OR GUARDIANS• PROCEEDINGS INVOLVING JUDICIAL CONSENT FOR MARRIAGE, EMPLOYMENT, OR ENLISTMENT IN THE ARMED SERVICES

GEORGIA’S JUVENILE COURTS HAVE JURISDICTION OVER THE FOLLOWING AREAS:

• UNRULY JUVENILES • DELINQUENTS JUVENILES• JUVENILES WHO COMMIT TRAFFIC OFFENSES• DEPRIVED JUVENILES (CHILDREN 18 OR YOUNGER LIVING AT HOME WHO ARE ABUSED OR NEGLECTED BY THEIR PARENTS OR GUARDIANS• PROCEEDINGS INVOLVING JUDICIAL CONSENT FOR MARRIAGE, EMPLOYMENT, OR ENLISTMENT IN THE ARMED SERVICES

JUVENILES ARE NEVER UNDER ARREST INSTEAD THEY ARE TAKEN INTO CUSTODYCHILDREN UNDER 17 HAVE A RIGHT TO…

A LAWYERCROSS-EXAMINE WITNESSESPROVIDE EVIDENCE TO SUPPORT ONE’S CASEPROVIDE WITNESSES TO SUPPORT CASEREMAIN SILENTAPPEALA TRANSCRIPT OF THE TRIAL

RIGHTS OF JUVENILES WHILE IN CUSTODY

The Juvenile Justice ProcessThe Juvenile Justice Process

When children thought to be delinquent are arrested, the police notify their parents or caregivers. The police then decide whether to release the delinquents or detain them.

To detain means to keep under arrest.

Detained delinquents may be put in a Regional Youth Detention Center or in a community shelter or foster home.

The Probable Cause HearingThe Probable Cause Hearing

For detained delinquents, the next step is a Probable Cause Hearing. The Probable Cause Hearing takes place in two days or less. A judge in the juvenile court looks over the case and decides whether the children should be released or detained further.

Released ChildrenReleased Children

For released children, a petition will be filed 30 days or less if it seems likely that the children really were delinquent—or if the judge decided that they were unruly or deprived.

Detained ChildrenDetained Children

For detained delinquent children, the petition will be filed in 3 days or less. For unruly and deprived children, it is five days or less. A petition is a text that outlines the charges against the child. The petition is filed by a member of the Department of Juvenile Justice known as the Juvenile Probation Parole Specialist.

Adjudicatory HearingAdjudicatory Hearing

The next step is called an adjudicatory hearing. This takes place in ten days or less for detained children. For released children, it takes place within 60 days or less. At the adjudicatory hearing, a judge in the juvenile court decides whether the charges in the petition are true or not. If the judge thinks that the charges are untrue, the case will be dismissed.

Dispositional HearingDispositional Hearing

If the judge thinks that the charges in the petition are true, a dispositional hearing takes place. At the dispositional hearing, the judge decides the course of treatment, supervision, or rehabilitation that the delinquent, unruly, or deprived child should undergo. The judge may decide that probation is necessary. For instance, a child who frequently skips school will be ordered to go to school.

Cont’dCont’d

The judge might also decide that the child should be put into a detention facility or youth development center. For certain serious crimes, the delinquent may be detained for up to five years. In certain cases, the judge may decide that the case should be transferred to a superior court where the child will be tried as an adult.

Robb is 14 and is caught trespassing inside a school on a Saturday with his friends

Robb is taken into custody (detained) by police Police notify Robb’s parents and depending on the delinquent act Robb is

either released back to his parents or detained in a Youth Detention Center

If detained, Robb is in detention and goes to a probable cause hearing in front of a judge

Robb is then either 1) released, 2) has an informal adjustment, or 3) a formal hearingGENERALLY, AN INFORMAL ADJUSTMENT IS HELD FOR 1ST TIME OFFENDERS – THIS INCLUDES COUNSELING OR COMMUNITY SERVICE AND/OR PAYING FOR DAMAGES OR A FINE

JUVENILE JUSTICE PROCESS

If the judge says Robb must go to a formal hearing then the complaining witness (private citizen or police officer) files a petition outlining the wrongdoing

A summons is issued for Robb, his parents, and the witness(es) to attend the formal hearing

The 1st hearing is called a adjudicatory hearing, kind of like a trial but without a jury

The judge hears both sides of the case and evidence and decides if Robb is guilty

If guilty, the court schedules a second hearing called a dispositional hearing

In the dispositional hearing the judge determines the punishment for the offense

Robb is then sentenced: either put on probation and counseling; pay for damages or a fine; community service work; suspension of driver’s license; put in a Youth Detention Center for up to five years; put into a special boot camp

The final step in the process is that Robb can appeal his case

JUVENILE JUSTICE PROCESS

CAN A CHILD BE ARRESTED AND PUT ON TRIAL IN AN ADULT COURT?

YES!!!

The 7 Delinquent BehaviorsThe 7 Delinquent Behaviors

7 delinquent behaviors are automatically outside the jurisdiction of juvenile court. Children b/w the ages of 13 and 17 who are thought to have committed any of these seven crimes will be tried as adults in a superior court.

These seven crimes are:

7 Crimes7 Crimes

Aggravated child molestationAggravated sexual batteryAggravated sodomyMurderRapeVoluntary manslaughterArmed robbery with a firearmThe consequences of being found guilty of

any of these crimes are harsh punishments. The punishment for murder, for example, may be life in prison or even death.

WHAT ARE THE SEVEN DELINQUENT ACTS?GEORGIA’S 7 DEADLY SINS OR VIOLENT

CRIMES

WHAT ARE THE SEVEN DELINQUENT ACTS?GEORGIA’S 7 DEADLY SINS OR VIOLENT

CRIMESIF ANY OF

THESE CRIMES ARE COMMITTED BY A CHILD

AGES 13, 14, 15, OR 16THEN THE

CHILD IS NOT TRIED IN A JUVENILE

COURT, BUT INSTEAD

TRIED AS AN ADULT IN A SUPERIOR

COURT

THESE CRIMES ARE

ALL FELONIES AND THE

CHILD WILL SERVE THEIR SENTENCE IN

A YOUTH DETENTION

CENTER AND THEN WILL BE MOVED

TO AN ADULT PRISON

WHEN THEY TURN 17

Students’ RightsStudents’ Rights

Students do not leave their constitutional rights behind them when they enter the schoolhouse door. In particular, challenges have arisen over several areas of basic student freedoms when those freedoms seemed to conflict with a school’s right to manage its environment. Students and schools have disagreed over the nature of school disciplinary procedures, protection of lockers and book bags against searches, freedom of expression in slogans on T-shirts, articles in student newspapers, and even school dress and hairstyle restrictions.

Student ResponsibilitiesStudent Responsibilities

According to GA law, students have a legal right to a free public education. But along with rights come responsibilities.

Students must attend school b/w ages of six and sixteen. Students must follow reasonable rules and regulations, behavior codes, and even dress codes schools have established to provide an environment that is safe and conducive to learning.

Working togetherWorking together

Finally, students have a responsibility to work with school officials to prevent disruptions and violence in their schools.

After the school shootings of the late 1990s, all students have a responsibility to work together to avoid weapons and fights on school campuses.

And all students must work to prevent violence at school-sponsored activities, dances, ball games, and other events—not just in the school classrooms.