PART 2
JUDICIAL BRANCH
INTERPRETS THE LAW
SS8CG4 JUDICIAL BRANCH
• 1 - Court System:
Supreme Court
Court of Appeals
Trial Courts
other courts
SUPREME COURT
• Highest ranking court in Georgia
• 6 year terms
• 7 judges
• Popular vote/dies or resigns-governor appoints replacement
• Is an appellate court
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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
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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 CASES
STATE TAKES LEGAL ACTION AGAINST SOMEONE WHO
HAS BEEN ARRESTED FOR COMMITTING A CRIME
THE STATE BEARS THE BURDEN OF PROOF
MURDER
ROBBERY
RAPE
CIVIL CASES
• Between 2 or more parties
• Are personal
• Plaintiff 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 Jury
Determines whether or not persons accused of
crimes should be indicted (officially charged
and required to stand trial)
2. Trial Jury
A 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
LOCAL GOVERNMENTS
• SS8CG5
• COUNTY- CITY - SPECIAL PURPOSE GOVERNMENTS
1. COUNTY GOVERNMENTS
• Authorized by state charter
• Carries out certain government functions:
• Power to tax
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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
COUNTY OFFICIALS
• Appointed positions
• County clerks
• Attorneys
• Tax assessors
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
DIFFERENCES: COUNTY/CITY
• Provide different services to the county and the city
they serve
TYPES OF CITY
GOVERNMENTS
WEAK MAYOR COUNCIL
• City council has both legislative and executive powers
• Mayor has limited powers, appoints few city officials, and
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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
JUVENILE OFFENDERS
• SS8CG6
• Juvenile- a child under 17 years of age
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
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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)
• Part 2: Dispositional hearing
• Judge determines punishment
• 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
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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_justi
ce_and_the_juvenile
REVENUE
• SS8E4
1. SOURCES:
• State funds
• Federal funds
• Special fees collected by agencies
2. DISTRIBUTION:
• STATE LEVEL:
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1. education
2. wages/salaries of government employees
3. public safety
4. transportation
5. interest on debt
• LOCAL LEVEL:
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1. education
2. police/fire protection
3. libraries
4. parks
5. water/sewer systems
CHOICES:
• Resources (budget)
• Needs (essential services for people)