Juvenile JusticeJuvenile Justice

Juvenile JusticeJuvenile Justice

In each scenario, decide In each scenario, decide whether the person should whether the person should be tried as a juvenile or be tried as a juvenile or transferred to criminal transferred to criminal court and tried as an adult. court and tried as an adult. Explain the reasons for your Explain the reasons for your decisions.decisions.

ScenariosScenarios

Eric, age 15, is accused of robbing an 86-Eric, age 15, is accused of robbing an 86-year-old woman at gunpoint. Eric, who has year-old woman at gunpoint. Eric, who has a long juvenile record including acts of a long juvenile record including acts of burglary, brags about the robbery.burglary, brags about the robbery.

Marcia, age 17, is accused of killing a Marcia, age 17, is accused of killing a pedestrian while driving a stolen car. She pedestrian while driving a stolen car. She has never been in trouble before, is has never been in trouble before, is remorseful about the killing, and claims remorseful about the killing, and claims that she planned to return the car after that she planned to return the car after the short joyride.the short joyride.

Juvenile Justice NotesJuvenile Justice Notes Georgia’s juvenile justice system has Georgia’s juvenile justice system has

jurisdiction over childrenjurisdiction over children In Georgia, a person is considered to be a In Georgia, a person is considered to be a

child if they are 17 years old or lesschild if they are 17 years old or less In addition, someone who is 18 and deprived In addition, someone who is 18 and deprived

(child without supervision of parents or other (child without supervision of parents or other caregiver) is also considered a child caregiver) is also considered a child

In 1966, the Supreme Court ruled that In 1966, the Supreme Court ruled that juvenile have the same rights in the court juvenile have the same rights in the court system as adultssystem as adults The one exception is that The one exception is that juveniles juveniles (being (being

tried as such) do not have the right to a jury tried as such) do not have the right to a jury trial – to protect privacytrial – to protect privacy

Juvenile JusticeJuvenile Justice

Unruly behavior is also considered a Unruly behavior is also considered a status status offenseoffense. This means this behavior would . This means this behavior would not be criminal if committed by an adult.not be criminal if committed by an adult.

Sometimes status offenses are handled by Sometimes status offenses are handled by offering appropriate adult supervision, or offering appropriate adult supervision, or with drug or alcohol treatment (if necessary)with drug or alcohol treatment (if necessary)

If the court decides unruly behavior is If the court decides unruly behavior is serious, the child may be committed to a serious, the child may be committed to a juvenile justice detention centerjuvenile justice detention center Children may be sentenced to up to two years Children may be sentenced to up to two years

timetime

Juvenile Justice – Unruly BehaviorJuvenile Justice – Unruly Behavior

Juvenile courts in GA consider the Juvenile courts in GA consider the following to constitute unruly behavior :following to constitute unruly behavior : The child frequently refuses to go to schoolThe child frequently refuses to go to school The child frequently disobeys The child frequently disobeys

parents/caregiversparents/caregivers The child runs away from homeThe child runs away from home The child roams about on the streets The child roams about on the streets

between midnight and 5 a.m.between midnight and 5 a.m. The child goes to a bar without his or her The child goes to a bar without his or her

parents/caregivers, and/or is caught with parents/caregivers, and/or is caught with alcoholic drinks in handalcoholic drinks in hand

Juvenile Justice-Delinquent Juvenile Justice-Delinquent BehaviorBehavior

Juvenile Courts may also decide a child Juvenile Courts may also decide a child shows shows delinquent behavior delinquent behavior (committing a crime)(committing a crime)

A child who is under 13 cannot be A child who is under 13 cannot be tried for a crime in Georgiatried for a crime in Georgia

Children 13 to 17 will be punished Children 13 to 17 will be punished according to the lawaccording to the law This can include up to 5 years in a This can include up to 5 years in a

detention facilitydetention facility

Juvenile Rights while in CustodyJuvenile Rights while in Custody

1.1. Right to have a lawyerRight to have a lawyer

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

3.3. Right to provide evidence to support own Right to provide evidence to support own casecase

4.4. Right to provide witnesses to support Right to provide witnesses to support own caseown case

5.5. Right to remain silentRight to remain silent

6.6. Right to appealRight to appeal

7.7. Right to a transcript of the trialRight to a transcript of the trial

Juvenile Justice ProcessJuvenile Justice Process

Juvenile arrested

Released Detained

Juvenile Justice ProcessJuvenile Justice ProcessDetained

Delinquents: Probable cause

hearing

Petition filed by member of Department of Juvenile Justice within three daysPetition outlines charges being brought against the juvenile

Judge looks over the case and decides if the child should be released or detained further

Takes place in two days or less

Juvenile Justice ProcessJuvenile Justice Process

Released Juveniles

Petition filed in 30 days or less

Juvenile Justice Process:Juvenile Justice Process:Next stepNext step

Adjudicatory Hearing:Judge decides if charges

are true or not(untrue-charges are dismissed)

Detained juvenile:Takes place in 10

Days or less

Released Juvenile:Takes place in 60

Days or less

Juvenile Justice: Next StepJuvenile Justice: Next Step

If charges are true:Dispositional Hearing

(judge decidescourse of treatment)

ProbationDetention Center(up to 5 years)

Transfer case toSuperior Court

The Seven Delinquent BehaviorsThe Seven Delinquent Behaviors

These behaviors lead juveniles directly to These behaviors lead juveniles directly to adult court: (Superior Court will handle)adult court: (Superior Court will handle)

1.1. Aggravated child molestationAggravated child molestation2.2. Aggravated sexual batteryAggravated sexual battery3.3. Serious sexual crimesSerious sexual crimes4.4. MurderMurder5.5. RapeRape6.6. Voluntary manslaughterVoluntary manslaughter7.7. Armed robbery with a firearmArmed robbery with a firearm These crimes are punishable with harsh These crimes are punishable with harsh

punishments, i.e., prisonpunishments, i.e., prison