Juvenile Justice SystemJuvenile Justice System

Unruly BehaviorUnruly Behavior

Status Offense- because behavior Status Offense- because behavior would not be considered an offense would not be considered an offense is committed by an adultis committed by an adult

Examples: Examples: frequently refuses to frequently refuses to go to school; frequently disobeys go to school; frequently disobeys parents or caregivers; runs away parents or caregivers; runs away from home; roams streets between from home; roams streets between midnight and 5 a.m.; caught with midnight and 5 a.m.; caught with alcoholic drinks in hand alcoholic drinks in hand

Delinquent BehaviorDelinquent Behavior

Criminal BehaviorCriminal Behavior A child under 13 cannot be tried for a A child under 13 cannot be tried for a

crime in Georgia crime in Georgia Children between 13-17 are punished Children between 13-17 are punished

according to the lawaccording to the law

Rights of Juveniles Accused of Rights of Juveniles Accused of Delinquent BehaviorDelinquent Behavior

Right to a lawyer-judges are to warn Right to a lawyer-judges are to warn parents that there are dangers to not parents that there are dangers to not have an attorneyhave an attorney

Right to cross-examine witnessesRight to cross-examine witnesses Right to provide evidence to support Right to provide evidence to support

one’s caseone’s case

Rights of Juveniles Accused of Rights of Juveniles Accused of Delinquent BehaviorDelinquent Behavior

Right to remain silentRight to remain silent Right to appealRight to appeal Right to a transcript of the trialRight to a transcript of the trial

Juvenile ProcessJuvenile Process

Arrest/detainmentArrest/detainment Probable cause hearing: must take Probable cause hearing: must take

place within two days of arrest place within two days of arrest Judge determines if child should be Judge determines if child should be

detained or releaseddetained or released If released, petition outlining If released, petition outlining

charges against child is filed within charges against child is filed within 30 days( petition is filed by Juvenile 30 days( petition is filed by Juvenile Probation Parole Specialist)Probation Parole Specialist)

Juvenile ProcessJuvenile Process

If detained, petition is filed within 3 If detained, petition is filed within 3 daysdays

If unruly or deprived, petition is filed If unruly or deprived, petition is filed within 5 dayswithin 5 days

Adjudicatory Hearing: takes place Adjudicatory Hearing: takes place within 10 days for detained children within 10 days for detained children and within 60 days for released childrenand within 60 days for released children

Judge decides if charges are true or Judge decides if charges are true or notnot

Juvenile ProcessJuvenile Process

Dispositional Hearing: sentencing; if Dispositional Hearing: sentencing; if charges are found to be truecharges are found to be true

Judge decides course of treatment, Judge decides course of treatment, supervision, rehabilitation that child supervision, rehabilitation that child should undergoshould undergo

Delinquent Behaviors Outside of Delinquent Behaviors Outside of Juvenile Court JurisdictionJuvenile Court Jurisdiction

There are 7 delinquent behaviors for There are 7 delinquent behaviors for which a juvenile between ages of 13 which a juvenile between ages of 13 and 17 will be tried as an adultand 17 will be tried as an adult

MurderMurder Voluntary manslaughterVoluntary manslaughter Armed robbery with a firearmArmed robbery with a firearm 4-7 serious violent sexual offenses4-7 serious violent sexual offenses