Georgia Studies Unit 8 Judicial Branch in Georgia

Georgia Studies Unit 8 – Judicial Branch in Georgia Lesson 6 – Juvenile Justice Study Presentation

Lesson 6 – Juvenile Justice • ESSENTIAL QUESTION – How are juveniles treated differently under Georgia’s judicial system?

Juvenile Justice • Juvenile – Any person, in the state of GA, under the age of 17. • Unruly Behavior – Is considered a status offense when committed by children (would not be a crime if committed by an adult). Examples of unruly behavior: – – Child refusing to go to school (Truancy). Child habitually disobeys parents or caregivers. Child runs away from home. Loitering (child roams the streets or “hanging out”) between midnight and 5 A. M. – Disobeying supervision terms after previous finding of unruly (told to not do something and you do it). – Going to bar without parent. – Underage possession of alcohol/tobacco. • HB 242 – In 2013, House Bill 242 changed the terminology for juvenile offenders from Unruly Behavior to “Children in Need of Supervision” or CHINS Behavior. • A child showing unruly behavior may be given treatment (if offense involves alcohol or drugs) and may be committed to a place of detention ran by GA’s Department of Juvenile Justice.

Juvenile Justice • Delinquent Behavior – When a child commits a crime it is considered delinquent behavior. A child who is less than 13 years old cannot be tried for a crime in GA. A child between 13 and 17 years old will be punished according to the law. This may include spending up to five years in a juvenile detention facility. • Rights of Juvenile Offenders: – – – – – Right to Notice of Charges Right to a lawyer (Counsel) Right to Confront and cross-examine witnesses Right to No self-incrimination Right to written transcript of proceedings Right to have parent/guardian present when questioned Right to not have names or photographs made public Right to two phone calls (parent and attorney) Right to not be placed with adult offenders Right for parents to be contacted immediately

Juvenile Justice Process • Children thought to be delinquent are taken into custody (Intake) and their parents are notified. Children may then be released to the parents or detained (held) at a Regional Youth Detention Center or in a community shelter or foster home. • The next step is a Probable Cause Hearing. A judge looks over the case to determine whether the children should be released or detained further. • The next step is a Adjudicatory Hearing (equivalent of adult trial). A judge decides whether the charges are true or not. If the judge decides the charges are untrue the case can be dismissed. • The next step is a Dispositional Hearing (equivalent of adult sentencing). At this hearing the judge decides the course of treatment, supervision, or rehabilitation that the delinquent, unruly, or deprived child should undergo. The judge may decide that probation if necessary. In some serious cases the judge may transfer the case to a superior court where the child will be tried as an adult. • The different courts each have their own job and jurisdictions.

Juvenile Justice System Age/Nature of Offense 0 -12 13 -14 15 -16 17 18+ Status offense J J N/A Traffic offense J J J A A Delinquent act which would not be a felony for adult J J J A A Delinquent act which would be felony for adult J J J but can be transferred to A A A Delinquent act/crime which is (a) punishable by death or life imprisonment or (b) aggravated battery resulting in serious bodily injury to victim, but which is not a deadly sin J J but can be transferred to A A Deadly sin J A A

Difference in Terminology Adult Crime Arrest Trial Conviction Sentence = = = Juvenile Offense Taken into custody Adjudicatory Hearing Adjudication Disposition

The Seven Delinquent Behaviors • Seven Delinquent Behaviors – Behaviors that are automatically outside the jurisdiction of juvenile court (transferred to Superior Court, where the juvenile will be prosecuted as an adult). Children between the ages of 13 and 17 who are thought to have committed any of these crimes will be tried as an adult: – Murder – Voluntary Manslaughter – Armed Robbery with a firearm – Rape – Aggravated Sodomy – Aggravated Sexual Battery – Aggravated Child Molestation

Murder Definition: – – – Causes death Of another human being Unlawfully and With malice aforethought, either express or implied Or during commission of felony Extra Information: – Malice (with evil intent) is what makes the killing of someone murder Punishment: – Juvenile – Life in prison (minimum of 30 years before parole). – Adult – Life in prison or Death Penalty

Voluntary Manslaughter Definition: – Causes death – Of another human being – Solely as result of sudden, violent, and irresistible passion – Resulting from serious provocation – Reasonable person standard Extra Information: – Heat of passion killings – No malice intended – happened solely due to serious provocation – If you have time to stop and “cool down” (Example: reload gun, etc. ) the crime changes to Murder. Punishment: – Juvenile and Adult – 1 - 20 years in prison

Armed Robbery with a Firearm Definition: – – Takes property of another From person or immediate presence Using firearm With intent to commit theft Extra Information: – Victim has to be present for this to be robbery; empty houses, for example, are burglarized – Has to be real (loaded or unloaded) firearm (gun) Punishment: – Juvenile and Adult – Life in prison; 10 -20 years in prison; 15 -20 years in prison if robbing a pharmacy with drugs

Rape Definition: – Penetration of vagina by penis – Forcibly and against woman’s will – Or with female under age 10 Extra Information: – Requires a male offender and a female victim – If the victim is under 10 it is assumed the child was forced Punishment: – Juvenile and Adult – Life in prison without parole; life in prison; prison for 25 years plus probation for life – Must register as a Sex Offender ($250 fee every year for life, cannot live within 1000 feet of a school, church, daycare facility, playground, skating rink, or bus stop). If you do not register each time you move, within 72 hours, considered a felony (up to 30 years in prison).

Aggravated Sodomy Definition: – Performs oral or anal sex – With force and against the will of victim – Or with victim under age 10 Extra Information: – Sodomy means oral or anal sex – Force and/or against a person’s will is what causes this to be aggravated Punishment: – Juvenile and Adult – Life in prison; prison for 25 years plus probation for life – Must register as a Sex Offender

Aggravated Sexual Battery Definition: – Intentionally penetrates another’s sexual organ or anus – With foreign object – Without the other’s consent Extra Information: – Foreign object is defined as anything other than a person’s sexual genitals – Girl or guy could consent during act and change their mind later; case could be considered Aggravated Sexual Battery Punishment: – Juvenile and Adult – Life in prison; prison for 25 years plus probation for life – Must register as a Sex Offender – No Romeo and Juliet Clause because of the lack of consent

Aggravated Child Molestation Definition: Subject to the Romeo and Juliet Clause! – Immoral or indecent act – To, in presence of, or with child under age 16 – With intent to arouse or satisfy sexual desire of either participant – And either injures child or involves sodomy Extra Information: – Consensual behavior where either or both participants are under age 16; can be a victim and perpetrator – Amended in 2009 to also include the transmission of images of a person engaging, inducing, or otherwise participating in an immoral or indecent act with a child under the age of 16 Punishment: – Juvenile and Adult – Life in prison; prison for 25 years plus probation for life; must register as a Sex Offender

Wilson v. State of Georgia • Famous Georgia court case involving Aggravated Child Molestation and the legal age of sexual consent. • Genarlow Wilson, a 17 year old male, was found guilty of Aggravated Child Molestation after having oral sex with a 15 year old girl. • Since she was under the legal age of consent (16 in Georgia), Wilson was convicted and sentenced as an adult. • At this time, this meant a minimum 10 -year prison sentence (currently the minimum is a 25 -year prison sentence!) and registration as a Sex Offender. • Partly due to the negative publicity of the case, Georgia’s Criminal Statutes were changed to include the Romeo and Juliet Clause.

Romeo and Juliet Clause • Georgia’s Criminal Statute, detailing Child Molestation. Aggravated Child Molestation, contains a clause, known as the Romeo and Juliet Clause. This Subsection reads: – 16 -6 -4, Subsection D (2) – A person convicted of the offense of aggravated child molestation when: (A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17 -10 -6. 1 • As a result of Wilson v. State of Georgia and the Romeo and Juliet Clause, juvenile offenders that are sentenced under the above listed code receive misdemeanor sentences (less than 1 year in jail) and are not required to register as sex offenders.