Judicial Branch of the Judicial Branch of the Georgia State GovernmentGeorgia State Government

SS8CGC4 The student will SS8CGC4 The student will analyze the role of the judicial analyze the role of the judicial branch in Georgia state branch in Georgia state government.government.

GPS SS8CG 4GPS SS8CG 4a. Explain the structure of the court system in Georgia a. Explain the structure of the court system in Georgia

including trial and appellate procedures and how including trial and appellate procedures and how judges are selected.judges are selected.

b. Explain the difference between criminal law and civil b. Explain the difference between criminal law and civil law.law.

c. Describe the adult justice system, emphasizing the c. Describe the adult justice system, emphasizing the different jurisdictions, terminology, and steps in the different jurisdictions, terminology, and steps in the criminal justice process.criminal justice process.

d. Describe ways to avoid trouble and settle disputes d. Describe ways to avoid trouble and settle disputes peacefully.peacefully.

Georgia Judicial BranchGeorgia Judicial Branch

This branch of government has a role to:This branch of government has a role to:

a. Interpret the laws of the state of a. Interpret the laws of the state of GeorgiaGeorgia

b.b. Protect the legal and civil rights of Protect the legal and civil rights of citizens through “due process.”citizens through “due process.”

c.c. Enforce the laws of the state in courtEnforce the laws of the state in court

Terminology of the Justice SystemTerminology of the Justice System

Criminal courtsCriminal courts try violators of the law; try violators of the law; civil courtscivil courts handle arguments between citizens.handle arguments between citizens.

Grand juriesGrand juries hear cases to determine if enough hear cases to determine if enough evidence is present to “officially charge” or indict evidence is present to “officially charge” or indict the accused; the accused; Trial juriesTrial juries hear cases to judge hear cases to judge whether the accused is guilty or not guilty (beyond whether the accused is guilty or not guilty (beyond a reasonable doubt)a reasonable doubt)

Trial courtsTrial courts handle the original criminal or civil handle the original criminal or civil cases; while cases; while Appellate courtsAppellate courts hear cases that are hear cases that are appealed from lower-ranking courtsappealed from lower-ranking courts

Structure of Georgia’s Justice SystemStructure of Georgia’s Justice System

State Supreme Court

Court of Appeals

Superior CourtsTrial Court/Juvenile Court/Probate Court/Magistrate Court

State Supreme CourtState Supreme CourtJurisdiction Jurisdiction Georgia’s highest court (oversee all judges and Georgia’s highest court (oversee all judges and

lawyers in the state)lawyers in the state)An appellate court (reviews civil and criminal An appellate court (reviews civil and criminal

cases from trial courts and Court of Appeals)cases from trial courts and Court of Appeals)Reviews challenges to the constitutionality of Reviews challenges to the constitutionality of

state lawsstate lawsReviews all death penalty cases in the state of Reviews all death penalty cases in the state of

GeorgiaGeorgia

Judges and QualificationsJudges and QualificationsSeven justices (Leah Ward Sears--Chief Justice)Seven justices (Leah Ward Sears--Chief Justice)Lawyer for seven yearsLawyer for seven years

State Supreme CourtState Supreme Court

Selection of Judges and TermsSelected by voters in state-wide

nonpartisan electionServe 6-year termsJustices select chief Justice

State Court of AppealsState Court of AppealsJurisdictionJurisdictionAn Appellate court by handling appeals concerning An Appellate court by handling appeals concerning

civil and trail cases from superior, state, and civil and trail cases from superior, state, and juvenile courtsjuvenile courts

Judges and QualificationsJudges and Qualifications12 justices12 justicesLawyer for seven yearsLawyer for seven years

Selection of Judges and TermsSelection of Judges and TermsElected by voters in state-wide nonpartisan electionElected by voters in state-wide nonpartisan electionServe six-year termsServe six-year termsJustices select the chief justiceJustices select the chief justice

Superior CourtsSuperior CourtsJurisdictionJurisdictionMainly handles felony criminal cases or major civil Mainly handles felony criminal cases or major civil

cases (i.e. divorce)cases (i.e. divorce)Jury TrialJury TrialCounty election lawsCounty election laws

Judges and QualificationsJudges and Qualifications193 judges193 judgesLawyer for seven years and 30 years oldLawyer for seven years and 30 years old

Selection of Judges and termsSelection of Judges and termsVoter within circuit select in nonpartisan electionVoter within circuit select in nonpartisan election4-year terms4-year terms

State Trial CourtsState Trial CourtsJurisdictionJurisdiction71 county-level courts71 county-level courtsJury trialsJury trialsHears original misdemeanor and traffic violation Hears original misdemeanor and traffic violation

casescases

Judges and QualificationsJudges and Qualifications 193 judges193 judgesLawyer for seven years and 30 years oldLawyer for seven years and 30 years old

Selection of Judges and TermsSelection of Judges and TermsNonpartisan elections within countyNonpartisan elections within county4-year terms4-year terms

Juvenile CourtsJuvenile CourtsJurisdictionJurisdictionHears cases involving youths who are 17 years old Hears cases involving youths who are 17 years old

and younger (unruly or delinquent)and younger (unruly or delinquent)Non-juryNon-jury

Judges and QualificationsJudges and Qualifications120 judges120 judgesLawyers for five years and 30 years oldLawyers for five years and 30 years old

Selection of JudgesSelection of JudgesAppointed by Superior Court judgeAppointed by Superior Court judge4-year terms4-year terms

Probate CourtsProbate CourtsJurisdictionJurisdiction159 county courts159 county courtsHears cases involving wills, estates, guardian rights, and Hears cases involving wills, estates, guardian rights, and

marriage licensesmarriage licensesJury TrialsJury Trials

Judges and QualificationsJudges and Qualifications159 judges159 judgesMust be high school grad. and 25 years oldMust be high school grad. and 25 years oldLawyer for seven years in larger countiesLawyer for seven years in larger counties

Selection of Judges and TermsSelection of Judges and TermsPartisan election within countyPartisan election within county4-year terms4-year terms

Magistrate CourtMagistrate CourtJurisdictionJurisdiction159 county courts159 county courtsHears civil cases under $15,000 (“People’s Court”)Hears civil cases under $15,000 (“People’s Court”)Non-juryNon-juryIssues arrest and search warrantsIssues arrest and search warrants

Judges and QualificationsJudges and Qualifications159 chief magistrates and 354 magistrates159 chief magistrates and 354 magistratesMust be high school grads. And 25 years oldMust be high school grads. And 25 years old

Selection of Judges and termsSelection of Judges and termsMost Chief magistrates elected in county-wide Most Chief magistrates elected in county-wide

electionelection4-year terms4-year termsOther magistrates appointed by chief magistrateOther magistrates appointed by chief magistrate

Whose case is it anyways?Whose case is it anyways?

There are numerous trial and appellate courts within the state of Georgia. Each has their own There are numerous trial and appellate courts within the state of Georgia. Each has their own duties and jurisdictions over who tries which case.duties and jurisdictions over who tries which case.

Match the letter and court level or jury below to the appropriate scenario or court case that court Match the letter and court level or jury below to the appropriate scenario or court case that court would handlewould handle

a.) State Supreme Court b.) Court of Appeals c.) State Trial Courtsa.) State Supreme Court b.) Court of Appeals c.) State Trial Courts d.) Juvenile Court e.) Probate Court f.) Magistrate Courtd.) Juvenile Court e.) Probate Court f.) Magistrate Court g.) Grand Jury h.) Trial Jury i.) Superior Courtg.) Grand Jury h.) Trial Jury i.) Superior Court

Determine whether or not there is enough evidence to “officially charge” or indict an individual with Determine whether or not there is enough evidence to “officially charge” or indict an individual with a crime. ___________a crime. ___________

Citizens challenge a law claiming it violates the civil rights of others. _______Citizens challenge a law claiming it violates the civil rights of others. _______ A 14 year old is charged with shoplifting.________A 14 year old is charged with shoplifting.________ Family members argue over who should inherit their deceased father’s house and property. ______Family members argue over who should inherit their deceased father’s house and property. ______ An individual appeals a guilty verdict claiming their trial or jury was unfair. ________An individual appeals a guilty verdict claiming their trial or jury was unfair. ________ Neighbors argue over property damage of $5,000. ________Neighbors argue over property damage of $5,000. ________ The accused is charged and on trial for first degree murder. ________The accused is charged and on trial for first degree murder. ________ Reviews case where an individual has been found guilty of murder and sentenced to the death Reviews case where an individual has been found guilty of murder and sentenced to the death

penalty. _______penalty. _______ Oversees rules of ethics and personal conduct among lawyers and judges within the state of Oversees rules of ethics and personal conduct among lawyers and judges within the state of

Georgia. _______Georgia. _______ An aunt and uncle wish to acquire official guardian rights for their niece or nephew. _______An aunt and uncle wish to acquire official guardian rights for their niece or nephew. _______ Accused is charged with petite theft. ________Accused is charged with petite theft. ________ Youth is truant at school and ran away from home. ______Youth is truant at school and ran away from home. ______ The accused passed a number of “bad checks.” ______The accused passed a number of “bad checks.” ______ Hears the case of someone who is a first time DUI offender. _______Hears the case of someone who is a first time DUI offender. _______ Police want to obtain a warrant to search an individual’s house or business. _______Police want to obtain a warrant to search an individual’s house or business. _______ A group of an individual’s peers judge whether he or she is guilty or not. _____A group of an individual’s peers judge whether he or she is guilty or not. _____

Steps in the Criminal Justice Process

#1 Arrest **warrants **Miranda Rights

#2 Initial Appearance

**Must happen within 48 to 72 hours (prevent someone from being “forgotten in Jail”)

**notified of charges**bail set**attorney appoint if defendant does

not have one

#3 Preliminary Hearing

**Prosecution presents evidence**in felony cases, a grand jury

determines if there is enough evidence to “indict” defendant

**or if nor enough, grand jury “acquits” the defendent

#4 Arraignment

**defendant pleads: 1. guilty (skips trial) 2. not guilty 3. nolo centendre “No contest”

(guilty gharge does not go on record, but defendant serves a sentence)

**plea bargain occurs

#5 Trial**Several rights are: 1. trial by jury (6th amendment) 2. right to attorney, not to

incriminate self, and present evidence (5th amendment)

3. right to public trial and confront accusers (7th amendment)

**burden of proof on persecution**right to appeal case

#6 Presentence Hearing

**hearing to determine the sentence the accused will received

**court investigators, victims, and defense will present arguments

#7 Sentencing

**Judge announces defendents punishment

1. imprisonment 2. probation 3. fines 4. restitution to victims**protection of cruel and unusual

punishment (8th amendment)