Juvenile Justice Juvenile Justice SystemSystem

EQ: How does the juvenile EQ: How does the juvenile justice system operate?justice system operate?

Steps in the juvenile criminal processSteps in the juvenile criminal process1.1. Juvenile is taken into custody (NOT Juvenile is taken into custody (NOT

arrested)arrested)

2.2. Intake – juvenile is brought to an Intake Intake – juvenile is brought to an Intake Officer who decides if there is enough Officer who decides if there is enough evidence to make a charge against themevidence to make a charge against them

3.3. Release OR Detain Release OR Detain Release if not enough evidenceRelease if not enough evidence Detention in a youth detention center or Detention in a youth detention center or

adult prison depending on the crimeadult prison depending on the crime

4.4. If detained, there must be a probable If detained, there must be a probable cause hearing within 72 hourscause hearing within 72 hours

Steps in the juvenile criminal processSteps in the juvenile criminal process

5.5. Informal adjustment: The judge may Informal adjustment: The judge may dismiss (if 1dismiss (if 1stst time offender), juvenile must time offender), juvenile must admit guilt to the judge and is under the admit guilt to the judge and is under the supervision of the courts for 90 dayssupervision of the courts for 90 days

6.6. Adjudicatory Hearing: The judge decides Adjudicatory Hearing: The judge decides guilty or not guilty. Juries do not hear guilty or not guilty. Juries do not hear juvenile cases. (an adjudicatory hearing is juvenile cases. (an adjudicatory hearing is like an adult trial, adjudication is like an like an adult trial, adjudication is like an adult sentence)adult sentence)

7.7. Disposition Hearing: the judge hears Disposition Hearing: the judge hears witnesses and determines the punishment witnesses and determines the punishment for the juvenile. for the juvenile.

Steps in the juvenile criminal Steps in the juvenile criminal processprocess

8.8. Sentencing: The judge rules on the punishmentSentencing: The judge rules on the punishment

Options:Options: release to parents, probation release to parents, probation Youth Detention Center (YDC)Youth Detention Center (YDC) boot camp boot camp restitution restitution finesfines other (such as mandatory school attendance, other (such as mandatory school attendance,

counseling, community service, lose license)counseling, community service, lose license)

9.9. Appeal: the juvenile can appeal the ruling if there Appeal: the juvenile can appeal the ruling if there is evidence to prove they were innocentis evidence to prove they were innocent

HistoryHistory 19061906

Georgia General Assembly passed a law Georgia General Assembly passed a law creating a juvenile court. creating a juvenile court.

1911 1911 Fulton County was first to set one up.Fulton County was first to set one up.

PurposePurpose1.1. To protect the well-being of childrenTo protect the well-being of children2.2. To make sure that children entering the To make sure that children entering the

jurisdiction of the court receive the care, jurisdiction of the court receive the care, guidance, and control neededguidance, and control needed

3.3. to provide care for children who have been to provide care for children who have been removed from their homes.removed from their homes.

TermsTerms JuvenileJuvenile

Person under 17Person under 17 Status offenseStatus offense

Offenses that would NOT be crimes if committed Offenses that would NOT be crimes if committed by adultsby adults

Unruly juvenileUnruly juvenile a juvenile who commits a status offense a juvenile who commits a status offense

Deprived juvenileDeprived juvenile a juvenile that is abused or neglected, or who a juvenile that is abused or neglected, or who

does not have parents (may be cared for until age does not have parents (may be cared for until age 18)18)

Delinquent juvenileDelinquent juvenile a juvenile who commit acts that would be crimes a juvenile who commit acts that would be crimes

if committed by adults (age 17 considered adult)if committed by adults (age 17 considered adult) Any delinquent act (age 13-16) can go to adult Any delinquent act (age 13-16) can go to adult

court!court!

Examples of status offensesExamples of status offenses

TruancyTruancy Failure to attend school between the Failure to attend school between the

ages of 6-16ages of 6-16 Running away from homeRunning away from home Curfew violationsCurfew violations AlcoholAlcohol TobaccoTobacco Disobeying parentsDisobeying parents

Juvenile CourtJuvenile Court

Court How Judges are Selected

Number of

Courts

Jurisdiction

Responsibilities

Juvenile

(no jury)

~ Appointed by superior court judges~ 4 year terms

Must be 30 years old, practiced law 5 years, lived in GA 3 years(may be full or part-time)

159 Original for delinquents under 17 or

deprived under 18

(Concurrent with

superior in some cases)

~ delinquent & unruly offenses by children ~ deprived & neglected children~ minors seeking permission to marry or join military ~traffic violations (minors)

Comparison to adult systemComparison to adult system

Crime = Crime = OffenseOffense Arrest = Arrest = Taken into custodyTaken into custody Trial = Trial = Adjudicatory hearingAdjudicatory hearing Conviction = Conviction = AdjudicationAdjudication Sentence = Sentence = DispositionDisposition

Juvenile Justice Reform ActJuvenile Justice Reform Act(7 Deadly Sins Act)(7 Deadly Sins Act)

1994 -- law that permits juveniles charged with 1994 -- law that permits juveniles charged with certain violent crimes to be tried as adults in certain violent crimes to be tried as adults in Superior Court (age 13-16 instantly in the adult Superior Court (age 13-16 instantly in the adult system)system) If found guilty, juveniles are housed in the juvenile If found guilty, juveniles are housed in the juvenile

section within the adult prison or at the YDC until section within the adult prison or at the YDC until their 17their 17thth birthday; then they move into the general birthday; then they move into the general adult populationadult population

There are some offenses where the juvenile There are some offenses where the juvenile court can determine if a child should be court can determine if a child should be charged as a juvenile or an adult (Ex. Age 15 charged as a juvenile or an adult (Ex. Age 15 charged with delinquent act)charged with delinquent act)

7 delinquent behaviors that 7 delinquent behaviors that result in juveniles tried as adultsresult in juveniles tried as adults

MurderMurder (life imprisonment under 17) (life imprisonment under 17) raperape (life imprisonment with/without parole, 25 years (life imprisonment with/without parole, 25 years

+probation; register as sex offender for life- $250 fee)+probation; register as sex offender for life- $250 fee) armed robbery with a firearmarmed robbery with a firearm (life imprisonment or (life imprisonment or

10-20 years; at least 15 if robbing to get drugs)10-20 years; at least 15 if robbing to get drugs) voluntary manslaughtervoluntary manslaughter (1-20 years imprisonment) (1-20 years imprisonment) aggravated child molestationaggravated child molestation (life imprisonment or (life imprisonment or

25+probation; register as sex offender)25+probation; register as sex offender) aggravated sexual batteryaggravated sexual battery (life imprisonment or (life imprisonment or

25+probation and must register a sex offender)25+probation and must register a sex offender) aggravated sodomyaggravated sodomy (life imprisonment with (life imprisonment with

possibility of parole or 25+probation)possibility of parole or 25+probation)

Juvenile Rights when taken into custodyJuvenile Rights when taken into custody quick and fair trial (hearing) quick and fair trial (hearing) notification of chargesnotification of charges remain silent -do not have to testify against remain silent -do not have to testify against

themselves themselves an attorneyan attorney may confront and question witnesses, present a may confront and question witnesses, present a

defense, introduce evidence, testify on their own defense, introduce evidence, testify on their own behalfbehalf

may have a may have a parent or guardianparent or guardian present before they present before they can be questionedcan be questioned

Right to have parents contacted immediatelyRight to have parents contacted immediately Right not to have names or photographs made publicRight not to have names or photographs made public Two phone calls (parent and attorney)Two phone calls (parent and attorney) No jury (not a public trial)No jury (not a public trial) Not placed with adult offenders (until 17Not placed with adult offenders (until 17thth birthday) birthday)