The Juvenile Justice System in Georgia

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The Juvenile Justice System in Georgia

• SS8CG6 the student will explain how the Georgia
  court system treats juvenile offenders.

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• SS8CG6a Explain the difference between delinquent
  behavior and unruly behavior and the consequences
  of each.
• SS8CG6b Describe the rights of juveniles when
  taken into custody.
• SS8CG6c Describe the juvenile justice system,
  emphasizing the different jurisdictions,
  terminology, and steps in the juvenile justice
  process.
• SS8CG6d Explain the seven delinquent behaviors
  that can subject juvenile offenders to the adult
  criminal justice process, how the decision to
  transfer to adult court is made, and the possible
  consequences.

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• 1. A juvenile is someone who is 17 years of age
  and younger.
• 2. The Department of Juvenile Justice was
  established in 1992 with the sole purpose of
• a. protecting our communities
• b holding youth offenders accountable for
  their actions.

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• Youth have certain restrictions that do not apply
  to adults
• a. attend school until 16.
• b. obey the rules of their parent's or
  caregiver.
• c. Not run away from home.
• d. follow night curfews
• e. enter bars without parent/guardians
  permission or drink.

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• 4. According to the laws of Georgia, a youth
  violating any of these expectations
• would be considered unruly behaviors or
  status offenses.
• 5. A delinquent act is when a juvenile
  commits a crime that would be punishable for an
  adult as well.

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• 6. Both types of actions could result in
• a. probation
• b. enrollment in community treatment
  programs.
• c. commitment to detention facility for
  two to five years.

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7. Youth, however, have rights, which are

1. Right to a lawyer
2. Right to cross-examine witnesses
3. Right to provide witnesses and evidence
4. Right to remain silent
5. Right to appeal
6. Right to transcript of trial

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Steps in the Juvenile Justice Process

• Arrest or custody
• Miranda Rights
• Parents or guardians notified
• Release or detained

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• 2. Probable Cause Hearing
• within 48 hours within taken into custody
• notified of charges, attorney
• judge decides whether youth is to be
  released or detained.

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• 3. Adjudicatory Hearing
• ten days of less for detained youth, 60
  days or less for released youth
• evidence is present by both sides
• no jury
• judge decides guilty or not

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• Dispositional Hearing
• judges decides on decides on punishment
  and consequences
• usually immediately after adjudicatory
  hearing
• if serious felonies, may transfer case
  to Superior Court to be tried as an adult

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• The Seven Deadly Sins may result in a youth
  (between 13 and 17) being tried as an adult.
  He or she will have their case tried not in
  juvenile court but in Superior Court, and carry
  the same punishment as an adult.
• Aggravated child molestation
• Aggravated sexual battery
• Aggravated sodomy
• Murder
• Voluntary Manslaughter
• Rape
• Armed robbery with a Firearm