chapter 15: part 3 young people and the law ©2005 clairmont press georgia and the american...

Chapter 15: Chapter 15:

Part 3Part 3

Young People and the Young People and the LawLaw

©2005 Clairmont Press

Georgia Georgia and the and the

American ExperienceAmerican Experience

Georgia Georgia and the and the

American ExperienceAmerican Experience

Young People Young People

and the Lawand the Law

©2005 Clairmont Press

Section 4: Young People Section 4: Young People and the Lawand the Law

• ESSENTIAL QUESTION– How are young people affected by the

law?

Section 4: Young People Section 4: Young People and the Lawand the Law

• Some of the words do I need to know.– truancy– Juvenile– Delinquent act– Status offense– Delinquent juvenile– Unruly juvenile– Deprived juvenile

Young People and the LawYoung People and the Law

• Over 2,500 children in jail in Georgia

• juvenile: citizen under the age of 17

• truancy: failure to attend school

• juveniles must follow state’s laws, but violators may be tried by a juvenile court

• Common crimes: smoking, drinking alcohol, loitering (hanging around a public place without permission), violating curfews, running away

Juvenile Court SystemJuvenile Court System• Every county has a juvenile court• purposes:

– help and protect children– ensure protection of children coming under

their jurisdiction– provide care for children removed from their

home

• delinquent act: act that would be a crime if committed by an adult (example: burglary)

• status offense: act that would not be a crime if committed by an adult (example: smoking)

What is an example of a delinquent act?

Larceny, Kidnapping, and Distribution of Narcotics

What the failure to attend school?

truancy

Juvenile Court SystemJuvenile Court System• Unruly juvenile: commit status crimes like

truancy, breaking curfew, or running away from home…

• Delinquent juvenile : Commit adult crimes like robbery, theft, or assault…

• Deprived juvenile: children that are abused by their parents.

Steps in Juvenile Justice Steps in Juvenile Justice ProcessProcess

1. juvenile “taken into custody” (Arrested)2. intake: intake officer evaluates case decides

whether to detain or release3. detain or release (to parents)4. detained juveniles sent to RYDC (regional youth

detention center)5. probable cause hearing before a juvenile court

judge6. dismissal, informal adjustment, or formal hearing- (very similar to a trial-NO JURY)7. if the juvenile committed a serious offense or

multiple offenses, a judge has many sentencing options- (Rarely sent to prison)

What are status offenses?

Acts that would not be a crime if committed by an adult (example: smoking)

What is the term for someone who commits a status offense?An Unruly juvenile

Who in our state is considered ajuvenile?Anyone under the age of 17Anyone under the age of 17

What happens when a juvenile is Taken into “custody”?The juvenile is assigned an intake The juvenile is assigned an intake officerofficer

Georgia’s Seven Deadly Sins Georgia’s Seven Deadly Sins ActAct

• 1994: legislature addressed issue of increasingly violent youth crime

• juveniles charged with certain crimes (murder, rape, armed robbery) could be treated as adults by the courts

• superior courts handle these cases

• mandatory 10-year sentences were a part of the new law

What is the term for a juvenile whoCommits an adult crimeadult crime?Delinquent juvenileDelinquent juvenile

What is the term for a juvenile whoIs abusedabused by his/her parents?Deprived juvenileDeprived juvenile

Rights of JuvenilesRights of Juveniles

• juveniles have the right to a fair and speedy trial

Since juvenile court proceedings can result in loss of freedom:

• must know charges against them• cannot be required to testify against

themselves ---- (self-incrimination)• right to an attorney --- if cannot afford --- courts

provide• In other words… juveniles especially have the

Amendments 1, 4, and 5

What is the first step an intake Officer can take when a juvenile is taken into custody?

Contact parentsContact parents

Which step in the juvenile process is like a trial in the adult system?

A formal hearing

Who decides the case against a juvenile?

A judgeA judge

Students’ Rights Students’ Rights Under School LawUnder School Law

• sometimes students’ rights have been in conflict with schools’ authority

• courts have ruled that students’ civil rights are in effect at school; however, schools have been given broad power to control and manage the school environment

What options can be used in sentencing by a juvenile court judge?

•send the juvenile to youth detention•place the juvenile on probation•assign community service

When a juvenile commits a serious adult crime and is tried as an adult, where is the case tried?

In Superior CourtIn Superior Court

Students Responsibilities Students Responsibilities Under School LawUnder School Law

• students have a legal right to a free public education

• responsibilities of students:– attend school regularly from ages 6-16– follow reasonable rules and regulations– work with school officials to prevent disruption

and violence which keeps students from learning and achieving

Click to return to Table of Contents.

What rights are juveniles guaranteed? a fair triala fair trial the right to an attorneythe right to an attorney protection against self-incriminationprotection against self-incrimination

According to GA’s state constitution, all government originates from?

The people/votersThe people/voters