Georgias Judicial Branch Georgias Judicial Branch Standard SS
Georgia’s Judicial Branch
Georgia’s Judicial Branch Standard: SS 8 CG 4 Analyze the role of the judicial branch in Georgia state government. a. Describe the ways that judges are selected in Georgia. b. Analyze the dual purpose of the judicial branch to interpret the laws of Georgia and administer justice in our legal system. c. Explain the difference between criminal and civil law. d. Explain the steps in the adult criminal justice system beginning with arrest.
Judges serve 4 year terms. APPELLATE COURTS • Only hear appeals from lower trial courts • Ensure trial courts interpret the law correctly • Courts: • Court of Appeals • Supreme Court Judges serve 6 year terms. J TRIAL COURTS • All cases begin here • Searching for the facts • Courts: • Superior • State • Juvenile • Probate • Magistrate J Overview of Courts
Court Jurisdiction: a court’s authority over the types of cases they are allowed to hear. Probate State • Licenses • Misdemeanors • Minor traffic • Prelim. violations Hearings • Civil cases Superior • Hears most cases • Civil • Criminal • • • Felony Divorce Land Titles Magistrate • Warrants • Minor criminal cases • Small claims civil cases • Civil disputes Juvenile Court of • Delinquent Appeals and unruly • Review cases criminal • Deprived and civil and cases neglected heard • Minors by trial wanting to courts marry or join military Supreme Court • Review trial court cases • Determine constitutionality of laws • Challenges to elections • Upholds or removes death sentences
a. Selection of Judges of juvenile courts are APPOINTED. Most judges in Georgia are ELECTED. State Probate Court of Appeals Supreme Court Superior Magistrate (sometimes elected, sometimes appointed) Juvenile
b. Dual purpose: interpret laws and administer justice INTERPRETING LAWS • Resolve constitutional challenges • Resolve challenges to election results (remember: 1946 governor’s controversy) • Review death penalty cases • Strike down unconstitutional laws • Ensure lower courts are correctly interpreting laws ADMINISTERING JUSTICE • Prosecuting crimes • Murder • Robbery • Traffic law • Punishing those convicted of crimes • Prison • Community service • Payments/fines • Resolving civil disputes • Lawsuits
b. Dual purpose: interpret laws and administer justice EXAMPLES: 1. It was determined that a law reducing the number of voting locations was unfair to rural voters. 2. A grocery store clerk goes to prison for one year because he sold drugs to customers at the checkout line. 3. It was determined that preventing students from attending their neighborhood schools based on race was unconstitutional.
c. Criminal and civil law CRIMINAL LAW • Laws created to protect society from wrong-doers • Punishable with fines, community service, prison time, or the death penalty CIVIL LAW • Laws created to deal with relationships amongst individuals • Usually involve compensation based on injury or wrongdoing
Breakdown of Criminal Law Felonies Misdemeanors p Capital Crimes Criminal Law p • Include more serious crimes like murder, aggravated assault, kidnapping, and arson • Punishments: minimum of 1 year in prison • Include less serious crimes like petty theft, public intoxication, reckless driving, and vandalism • Punishments: at most a year in prison, and/or a fine p • Extremely serious crimes like treason, aircraft hijacking, kidnapping with bodily harm, and murder • Potential death penalty
c. Criminal and civil law EXAMPLES: 1. 2. 3. 4. 5. 6. 7. 8. Homicide Child custody dispute Running a red light Obstruction of justice Damaging property Divorce Assault Bankruptcy 9. Breaking a contract 10. Possession of illegal substances 11. Defamation of character
d. Steps of the adult justice system DEFNENDANT: individual charged with wrong-doing PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant 4. Preliminary Hearing: magistrate judge determines if a crime was committed and if there is probable cause that the suspect was involved. f f 2. Booking: An official arrest report is made and suspect is held in jail. f f f I. Arrest: enough evidence to take someone into custody for possibly committing a crime 3. Initial Appearance: suspect appears before magistrate court. Judge explains charges and determines if bail will be set. f
d. Steps of the adult justice system DEFNENDANT: individual charged with wrong-doing PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant f 6. Arraignment: formal reading of the charges f 5. Grand Jury Indictment: group of citizens examines evidence to determine if suspect should be charged with a crime. (This is not the trial. ) If enough evidence exists, they issue an indictment, which is a formal charge of a crime. 7. Assignment before Superior Court, where the suspect can state guilty or not guilty. Guilty: no trial; later sentence hearing Not Guilty: go to trial or take a plea deal f
d. Steps of the adult justice system DEFNENDANT: individual charged with wrong-doing PLAINTIFF: state or individual pursuing chargers for wrong-doing against the defendant TRIAL a. Selecting a petit jury (pronounced “petty”) b. Opening statements c. Evidence and witnesses d. Closing statements e. Jury deliberation and verdict f. Sentencing g. Appeal
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