Unit 12

Juvenile Justice System

What is life like inside a juvenile detention center?

What You Will Learn

○ How Georgia’s justice system works○ Compare Georgia’s juvenile & adult processes

○ Look at ways to solve conflicts without becoming part of the justice system

Standards

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

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

b. Describe the rights of juveniles when taken into custody. c. Describe the juvenile justice system, emphasizing the different jurisdictions,

terminology, and steps in the juvenile justice process. d. 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.

Unit 12 Terms - Put these in your notebook as p. 1 for Unit 12

1. Truancy2. Delinquent act3. Juvenile4. Status offense5. Unruly juvenile6. Deprived juvenile7. Intake8. Detention9. Informal adjustment10. Formal hearing11. Summons12. Sentencing13. Rule of Law14. Youth Detention Center

I. Juvenile Court System

A. Juvenile courts have 3 main purposes:1. Help and protect the well-being of children2. Make sure that any child coming under the jurisdiction of

the court receives care, guidance and control that is needed3. To provide care for children who have been removed from

their homesB. Juvenile delinquent: someone under 17 who has committed a

delinquent act and is thought to be in need of treatment or rehab

C. Unruly child: a child who commits an act that would not be considered a crime if committed by an adult (status offender)

D. When juveniles commit a crime they are “taken into custody” rather than “under arrest.”

JUVENILE ADULTAge 17 and under 18 and up

Miss school/work Truancy Fired

Run Away Status offense Legal

Alcohol (use/buy) Status offense Legal

Tobacco (use/buy) Status offense Legal

Curfews Midnight – 5 a.m. None

Obey Parents Required by law Optional

Break Laws Delinquent act Crime

Captured by police Taken into custody Arrested

Trial No jury – judge decides Jury of peers

Bail Released to parents Yes if you pay $$

Sentencing Probation, YDC, DJJ, boot camp, fines, lose drivers license, etc.

Fines, jail, rights revoked

Which of those are DELINQUENT and which are UNRULY?

II. Rights/Responsibilities of Juveniles

A. Rights1. Right to a speedy, FAIR trial (judge

not jury)2. In school u maintain constitutional

rights (freedom of religion, speech, press, right to assemble, right to petition, rights against unreasonable searches and seizures)

B. Responsibilities1. Must attend school from 6 – 162. Must follow rules and regulations,

behavior and dress codes3. Cannot disrupt or create violence in

school

1. Explain the difference between a deprived child, an unruly child, and a juvenile delinquent.

2. What is the difference between unruliness and delinquency?

3. What are three examples of unruly behavior?4. What are three examples of delinquent behavior?

III. Steps in Juvenile Justice System

A. 1st step: intake1. Not enough evidence: released2. handle case through informal adjustment and set up counseling3. move the case to a child services agency4. file a petition for a detention hearing

B. 2nd step: detention hearing1. Judge decides whether to detain (sets date for adjudicatory hearing in

10 days or less) or release (sets date for hearing within 60 days)C. 3rd step: adjudicatory hearing

1. Like a trial with no jury, judge determines guilty or not, schedules second hearing if guilty and determines punishment for offense (sentence)

D. 4th step: dispositional court - judge has many options for sentencingE. Juvenile CAN appeal

Sentencing of Bill Thomas

1. What kind of activities did Bill’s friend say Bill was involved in now?2. What did the police officer find in Bill’s vest pocket?3. Where did the police officer take Bill after he was arrested?4. What crimes did Bill plead guilty to?5. What were the judge’s two choices as to what to do with Bill?6. How old is Bill?7. What sport at school did Bill participate in?8. Why does Bill’s mother need him at home?9. What were the terms of Bill’s original probation?10. What reason does Bill give for not telling who possessed the vial of crack cocaine?

V. Georgia’s 7 Deadly Sins ActA. 1994 – GA passed an amendment

allowing youths charged with certain crimes to be tried as adults.

B. The crimes are: Murder, Voluntary Manslaughter, Rape, Aggravated Sodomy, Aggravated Child Molestation, Aggravated Sexual Battery, Armed Robbery if committed with a firearm

C. Aggravated describes something that makes the crime worse or more severe

VI. Consequences of 7 Deadlies

A. JUST because a youth has been arrested for one of the 7 deadly sins, that does not mean he or she will definitely be tried in the adult system.

B. Before an indictment, the superior court determines in which court the case will be heard.

C. If convicted in superior court, the juvenile serves a mandatory 10 year sentence without the possibility of parole.

SS8CG6d

Review Georgia’s Juvenile System

1. Explain the four steps that a juvenile will experience in the court system.

2. List the 7 crimes that, if committed, will result in a juvenile being tried as an adult.

3. What rights do you have as a juvenile in GA?

4. What responsibilities do you have as a juvenile in GA?

Performance TaskIn a move to save money, the Georgia General Assembly is considering

eliminating the separate juvenile court system. Under the proposed restructuring, all cases, juvenile and adult, would be tried in the same court system. You are a juvenile defender. You have been selected by your peers to testify before the General Assembly as an advocate for keeping juvenile and adult cases in separate courts. You plan to be fully prepared. You will have a forceful speech and visual aids.

First, write a speech in which you explain:• the differences between the juvenile and adult justice systems• the difference between juvenile delinquent behaviors and unruly behaviors• the need to protect the rights of juveniles• the role rule of law plays in protecting juvenile rightsEmphasize any concerns you have about these rights being lost in an adult court.

This is usually an emotional issue. If you wish, play on the sympathy of the members of the General Assembly in your speech.

Prepare a visual showing the differences between juvenile justice and adult justice systems. You may present your ideas as a poster, PowerPoint, or any other visual way you feel would better suit the situation. Be prepared to deliver your speech orally and have a paper copy of your notes to turn in after your speech.