The Juvenile Justice The Juvenile Justice System in GeorgiaSystem in Georgia

SS8CG6 the student will explain how SS8CG6 the student will explain how the Georgia court system treats the Georgia court system treats

juvenile offenders.juvenile offenders.

SS8CG6a Explain the difference SS8CG6a Explain the difference between delinquent behavior and between delinquent behavior and unruly behavior and the consequences unruly behavior and the consequences of each.of each.

SS8CG6b Describe the rights of SS8CG6b Describe the rights of juveniles when taken into custody.juveniles when taken into custody.

SS8CG6c Describe the juvenile justice SS8CG6c Describe the juvenile justice system, emphasizing the different system, emphasizing the different jurisdictions, terminology, and steps jurisdictions, terminology, and steps in the juvenile justice process.in the juvenile justice process.

SS8CG6d Explain the seven SS8CG6d Explain the seven delinquent behaviors that can subject delinquent behaviors that can subject juvenile offenders to the adult juvenile offenders to the adult criminal justice process, how the criminal justice process, how the decision to transfer to adult court is decision to transfer to adult court is made, and the possible consequences.made, and the possible consequences.

1. A 1. A juvenile juvenile is someone who is someone who is 17 years is 17 years of age and younger.of age and younger.

22. The Department of Juvenile Justice . The Department of Juvenile Justice was established in 1992 with the sole was established in 1992 with the sole purpose ofpurpose of

a. a. protecting our communitiesprotecting our communities

b b holding youth offenders accountable holding youth offenders accountable for their actions.for their actions.

3.3. Youth have certain restrictions that Youth have certain restrictions that do not apply to adults:do not apply to adults:

a. attend school until 16.a. attend school until 16.

b. obey the rules of their parent's or b. obey the rules of their parent's or caregiver.caregiver.

c. Not run away from home.c. Not run away from home.

d. follow night curfews d. follow night curfews

e. enter bars without e. enter bars without parent/guardians permission or parent/guardians permission or drink. drink.

4. According to the laws of Georgia, 4. According to the laws of Georgia, a youth violating any of these a youth violating any of these expectations expectations

would be considered would be considered unruly unruly behaviors or behaviors or statusstatus offenses. offenses.

5. A 5. A delinquent act delinquent act is when a is when a juvenile juvenile commits a crime that would commits a crime that would be punishable for an adult as well.be punishable for an adult as well.

6. Both types of actions could result 6. Both types of actions could result in in

a. a. probationprobation

b. b. enrollment in community enrollment in community treatment programs.treatment programs.

c. c. commitment to detention commitment to detention facility for two to five years.facility for two to five years.

7. Youth, however, have rights, 7. Youth, however, have rights, which are:which are:

a.a. Right to a lawyerRight to a lawyer

b.b. Right to cross-examine witnessesRight to cross-examine witnesses

c.c. Right to provide witnesses and Right to provide witnesses and evidenceevidence

d.d. Right to remain silentRight to remain silent

e.e. Right to appealRight to appeal

f.f. Right to transcript of trialRight to transcript of trial

Steps in the Juvenile Justice Steps in the Juvenile Justice ProcessProcess

1.1. Arrest or custodyArrest or custody

**Miranda Rights**Miranda Rights

**Parents or guardians notified**Parents or guardians notified

**Release or detained**Release or detained

2. Probable Cause Hearing2. Probable Cause Hearing

**within 48 hours within taken into **within 48 hours within taken into custodycustody

**notified of charges, attorney**notified of charges, attorney

**judge decides whether youth is to **judge decides whether youth is to be released or detained.be released or detained.

3. Adjudicatory Hearing3. Adjudicatory Hearing

**ten days of less for detained **ten days of less for detained youth, 60 days or less for released youth, 60 days or less for released youthyouth

**evidence is present by both sides**evidence is present by both sides

**no jury**no jury

**judge decides guilty or not**judge decides guilty or not

4.4. Dispositional HearingDispositional Hearing

**judges decides on decides on **judges decides on decides on punishment and consequencespunishment and consequences

**usually immediately after **usually immediately after adjudicatory hearingadjudicatory hearing

**if serious felonies, may transfer **if serious felonies, may transfer case to Superior Court to be tried case to Superior Court to be tried as an adultas an adult

The The “Seven Deadly Sins”“Seven Deadly Sins” may result in a may result in a youth (between 13 and 17) being tried youth (between 13 and 17) being tried as an as an adultadult. He or she will have . He or she will have their case tried their case tried not in not in juvenile court but juvenile court but in in Superior CourtSuperior Court, and carry the same , and carry the same punishment as an adultpunishment as an adult..

1.1. Aggravated child molestationAggravated child molestation

2.2. Aggravated sexual batteryAggravated sexual battery

3.3. Aggravated sodomyAggravated sodomy

4.4. MurderMurder

5.5. Voluntary ManslaughterVoluntary Manslaughter

6.6. RapeRape

7.7. Armed robbery with a FirearmArmed robbery with a Firearm