- Slides: 14
Juvenile Justice n Warm Up: Juvenile Justice: What is a Juvenile? What does the word Justice mean?
Juvenile Justice What is your status? 12 years old 6 months old 4 years old 15 years old
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 VS. ADULT JUSTICE There are differences between the juvenile justice system and the adult justice system. One important difference is the basic purpose of the courts. In juvenile court, the emphasis is on rehabilitating youngsters. In adult court, the emphasis is on punishment. Juvenile courts have jurisdiction over cases involving children under age 17, or children under 18 who don’t have a parent or guardian. Each of Georgia’s 159 counties has a juvenile court. All Georgia courts except juvenile court have jurisdiction in adult cases. Different terminology is used in each system. For example, juveniles are “taken into custody, ” while adults are “arrested. ” If found guilty of a crime, juveniles are called delinquent, while adults are guilty. WRITE ABOUT IT: WHY DO YOU THINK JUVENILES SHOULD BE TREATED DIFFERENTLY THAN ADULTS BY THE COURT SYSTEM?
Juvenile Justice Unruly behavior is 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 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 Justice A Juvenile commits an offense Delinquent Behavior (Crimes) Unruly Behavior (Status Offenses) These are offenses that would be a crime for adults These are offenses that would not be a crime for adults Examples: theft, assault, possession of drugs Examples: alcohol, cigarettes, breaking curfew, skipping school, driving w/o a license
Juvenile Justice Rights of a Juvenile when taken into Custody v v v Right to have parent contacted and present Name is not made public Photo is not made public Right to 2 phone calls- one to attorney, one to parent Right to remain silent and to be told what that means (selfincrimination) Right to NOT be put in with adults Juveniles are sentenced by a judge. NO JURY as it would make everything public.
Juvenile Justice What happens when a Juvenile is taken into Custody? Intake Detained Released (not enough evidence) Informal Adjustment Admit guilt to judge, 1 st time offenders, given up to 90 days court supervision Appeal (max 72 hrs in YDC) Adjudicatory Hearing Judge determines guilt or innocence Sentencing Disposition Hearing Boot camp, probation, youth detention center, fines, counseling, school attendance. Judge hears witnesses and determines punishment
The Seven Deadly Sins 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
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.
n Video “The Sentencing of Bill Thomas” n n n Take notes on your question sheet for discussion later You decide Other scenarios – if time…