georgia and the american experience chapter 15: government of the empire state section 3 judicial...
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Georgia Georgia and the American Experienceand the American Experience
Chapter 15: Chapter 15:
Government of the Government of the Empire StateEmpire State
Section 3Section 3
Judicial Branch Judicial Branch
©2005 Clairmont Press
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Judicial BranchJudicial Branch• Made up of state’s courts• Purpose:
– interpret state constitution– protect legal rights of citizens– enforce laws of the state
• Due process of law: courts make sure that everyone is protected from abuse by the government
• Handle civil cases: disputes between citizens• Handle criminal cases: involve violation of laws• Felony: serious crime with severe punishments
allowed• Misdemeanor: less serious crime with smaller
punishments
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Georgia CourtsGeorgia Courts• The Supreme Court is state’s highest court
• Justices elected by popular vote to six-year term (7 TOTAL)
• Chief Justice is chosen by the other justices
• If a justice dies or resigns before their term is over, the governor may appoint a justice to complete the term of office.
• The GA Supreme Court is an appellate court (which means it only reviews cases on appeal from lower courts– no witnesses and juries)
• Second highest-ranking court is the court of appeals
• Under the appellate courts are trial courts which hear criminal and civil cases.
– examples: magistrate, juvenile, state, superior, probate, municipal (city court)
• Each court has a specific jurisdiction (range of action over which court can rule)
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Jury SystemJury System
• Important part of GA’s court system is a jury trial (a trial by one’s peers)
• Grand jury: determines if enough evidence exists to indict (officially charge) a person
• Trial jury: citizens whose duty is to determine guilt or innocence of a person charged with a crime
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Separation of PowersSeparation of Powers• Each branch of government has its own
powers
• Similar to US Constitution
• Designed so that no branch or person can become too powerful
• Checks and balances system depends on citizens choosing wisely when they vote
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Young People and the LawYoung People and the Law• On any given day, there are over 2,500
children in jail in Georgia• Many are jailed for non-violent crimes like
shoplifting, truancy (failure to attend school), or running away from home.
• A juvenile is a citizen under the age of 17• Common crimes: smoking, drinking alcohol,
loitering (hanging around a public place without permission), violating curfews, running away
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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)
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Steps in Juvenile Justice Steps in Juvenile Justice ProcessProcess
1. Juvenile is “taken into custody” instead of “under arrest”
2. Intake: intake officer evaluates case3. 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 hearing7. If the juvenile committed a serious offense or
multiple offenses, a judge has many sentencing options
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Georgia’s Seven Deadly Sins Georgia’s Seven Deadly Sins ActAct
• In 1994, the GA legislature addressed the issue of increasingly violent youth crimes
• Juveniles charged with certain crimes (murder, rape, armed robbery with a firearm) could be treated as adults by the courts
• Superior courts handle these cases
• Mandatory 10-year sentences were a part of the new law
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Rights of JuvenilesRights of Juveniles
• Juveniles have the same basic legal rights that other citizens have.
• They have the right to a fair and speedy trial• Juvenile cases are decided by a judge, not a
jury• Parents or guardians may be present at
hearings• Attorney must be provided if child’s parents
cannot afford one
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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
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Students Responsibilities Students Responsibilities Under School LawUnder School Law
• Students have a legal right to a free public education
• However, with this right comes responsibilities!
• 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