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Young People and the Law Chapter 15, Section 4

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Young People and the Law Chapter 15, Section 4. Essential Question: How are juveniles treated differently under our judicial system?. What is a Juvenile?. Juveniles are citizens under the age of 17 . Most of the juveniles who are locked up in Georgia are jailed for non-violent crimes.
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Young People and the LawChapter 15, Section 4Essential Question: How are juveniles treated differently under our judicial system?What is a Juvenile?
  • Juveniles are citizens under the age of 17.
  • Most of the juveniles who are locked up in Georgia are jailed for non-violent crimes.
  • Examples: shoplifting, breaking windows, running away from home or truancy (failure to attend school).
  • Special Status
  • Juveniles have special status under the law, which means they must also follow some laws that do not apply to adults:
  • Must attend school until at least age 16
  • Cannot run away from home
  • Cannot possess alcoholic beverages (until 21) or tobacco (until 18)
  • Have local curfews
  • Required to obey all of the reasonable and lawful instructions or commands of their parents/guardians
  • Juvenile Court System
  • In 1911, Fulton County became the first county in Georgia to set up a juvenile court. Today every county in Georgia has one.
  • Juvenile Courts have 3 main purposes:
  • 1. To help and protect the well-being of children.
  • 2. To make sure that any child coming under the jurisdictions of the court receives the care, guidance, and control needed.
  • 3. To provide care for children who have been removed from their homes.
  • Important Terms
  • An act that would be considered a crime if committed by an adult is a delinquent act. “Delinquent Juvenile”
  • An act that would NOT be considered a crime if committed by an adult is a status offense. “Unruly Juvenile”
  • When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be “taken in custody” rather than “under arrest.”
  • Deprived Juveniles are children under 18 who are neglected/abused by parents/guardians or who have no parents/guardians.
  • Delinquent Act or Status Offense?
  • Shoplifting?
  • Delinquent act
  • Truancy?
  • Status offense
  • Breaking City Curfew?
  • Status offense
  • Joyriding?
  • Delinquent act
  • Possessing Alcohol?
  • Status offense
  • Running Away from Home?
  • Status offense
  • Robbery?
  • Delinquent act
  • Smoking Tobacco?
  • Status offense
  • Know the law…cartoon examples, but it’s real life!
  • What if was just a prank?
  • http://www.lawforkids.org/Media/kirk-and-marco-2
  • http://www.sc.lawforkids.org/Media/egging
  • What can happen to me if I drink alcohol before I am the legal age?
  • http://www.sc.lawforkids.org/Media/alcohol-underage
  • What if I’m with someone who’s committing a crime?
  • http://www.sc.lawforkids.org/Media/shoplifting-accomplice
  • Isn’t it my right to run away if I want to?
  • http://www.sc.lawforkids.org/Media/running-away
  • Steps in the Juvenile Justice ProcessStep 1: Intake
  • Juvenile is turned over to the intake officer who must investigate the case and decide if there is enough evidence (probable cause) to support the charges.
  • If there is enough evidence, the officer can do 2 things:
  • 1. Release the juvenile to their parents/guardian
  • 2. detain the juvenile (most are not detained)
  • Intake officers detain juveniles who might be a risk to run away, who might have nowhere else to go, who might be a risk to harm themselves or others, or who have been in trouble before.
  • Juveniles who are detained are housed in one of the state’s RYDC’s – Regional Youth Detention Center
  • Those who commit serious crimes may go to an adult jail and be tried in an adult court
  • Steps in the Juvenile Justice ProcessStep 2: Detention
  • A probable cause hearing must be held within 72 hours.
  • The judge has 3 options: dismiss the case, have an informal adjustment or a formal hearing
  • An informal adjustment is usually held for first offenders – they must admit wrongdoing.
  • The juvenile is under the supervision of the court for at least 90 days
  • May be required to attend school regularly, participate in counseling, pay for damages or complete community service.
  • Steps in the Juvenile Justice ProcessStep 3: Formal Hearing
  • Complaining witness files a petition outlining the wrongdoing.
  • A summons is issued to the juvenile to attend the hearing.
  • 1st part: Adjudicatory Hearing – (like a trial without a jury) – Judge hears the case and makes a decision.
  • 2nd part: Dispositional Hearing – Judge determines the punishment.
  • Steps in the Juvenile Justice ProcessStep 4: Sentencing
  • Release the juvenile to the custody of parents/guardian with no court supervision
  • Place the juvenile on probation
  • Place the juvenile in a Youth Detention Center for up to 90 days
  • Commit the juvenile to the Dept of Juvenile Justice
  • Send the juvenile to a special program such as boot camp
  • Assign other punishments such as restitution and fines
  • Georgia’s Seven Deadly Sins Act
  • In 1994, Georgia passed an amendment to the juvenile code that permits youths who are charged with certain serious crimes to be treated as though they were adults.
  • The superior court has sole jurisdiction over juveniles ages 13-17 charged with such serious crimes as murder, rape, armed robbery (with a firearm).
  • Juveniles who commit one of these serious crimes will serve a mandatory sentence of 10 years.
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