- Slides: 14
Juvenile Justice n In each scenario, decide whether the person should be tried as a juvenile or transferred to criminal court and tried as an adult. Explain the reasons for your decisions.
Scenarios n n Eric, age 15, is accused of robbing an 86 -yearold woman at gunpoint. Eric, who has a long juvenile record including acts of burglary, brags about the robbery. Marcia, age 17, is accused of killing a pedestrian while driving a stolen car. She has never been in trouble before, is remorseful about the killing, and claims that she planned to return the car after the short joyride.
Juvenile Justice Notes n n Georgia’s juvenile justice system has jurisdiction over children In Georgia, a person is considered to be a child if they are 17 years old or less n n In addition, someone who is 18 and deprived (child without supervision of parents or other caregiver) is also considered a child In 1966, the Supreme Court ruled that juvenile have the same rights in the court system as adults n The one exception is that juveniles (being tried as such) do not have the right to a jury trial – to protect privacy
Juvenile Justice Unruly behavior is also considered a status offense. This means this behavior would not be criminal if committed by an adult. n Sometimes status offenses are handled by offering appropriate adult supervision, or with drug or alcohol treatment (if necessary) n If the court decides unruly behavior is serious, the child may be committed to a juvenile justice detention center n Children may be sentenced to up to two years time
Juvenile Justice – Unruly Behavior n Juvenile courts in GA consider the following to constitute unruly behavior : The child frequently refuses to go to school n The child frequently disobeys parents/caregivers n The child runs away from home n The child roams about on the streets between midnight and 5 a. m. n The child goes to a bar without his or her parents/caregivers, and/or is caught with alcoholic drinks in hand n
Juvenile Justice-Delinquent Behavior Juvenile Courts may also decide a child shows delinquent behavior (committing a crime) n A child who is under 13 cannot be tried for a crime in Georgia n Children 13 to 17 will be punished according to the law n This can include up to 5 years in a detention facility
Juvenile Rights while in Custody 1. 2. 3. 4. 5. 6. 7. Right to have a lawyer Right to cross-examine witnesses Right to provide evidence to support own case Right to provide witnesses to support own case Right to remain silent Right to appeal Right to a transcript of the trial
Juvenile Justice Process Juvenile arrested Released Detained
Juvenile Justice Process Detained Delinquents: Probable cause hearing Takes place in two days or less Petition filed by member of Department of Juvenile Justice within three days Petition outlines charges being brought against the juvenile Judge looks over the case and decides if the child should be released or detained further
Juvenile Justice Process Released Juveniles Petition filed in 30 days or less
Juvenile Justice Process: Next 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 Step If charges are true: Dispositional Hearing (judge decides course of treatment) Probation Detention Center (up to 5 years) Transfer case to Superior Court
The Seven Delinquent Behaviors n 1. 2. 3. 4. 5. 6. 7. n These behaviors lead juveniles directly to adult court: (Superior Court will handle) Aggravated child molestation Aggravated sexual battery Aggravated sodomy Murder Rape Voluntary manslaughter Armed robbery with a firearm These crimes are punishable with harsh punishments, i. e. , prison