UNITED STATESAND

GEORGIA GOVERNMENTS

Words to Know

Constitution Executive Branch Legislative Branch Judicial Branch President Governor Supreme Court Court of Appeals Juvenile Justice System

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The U.S. Constitution Written in 1787, it outlines the plan of

government for the United States of America. It is the oldest Constitution that is still in use today. Three different “branches”, or parts, of the government were established, including the Legislative, Executive and Judicial branches. These three branches of the “federal”, or national, government have separate roles and responsibilities, but are equal in their importance and power.

The legislative branch

The Constitution created Congress.

Congress has two parts: The Senate and The House of Representatives.

The Legislative branch is described in Article 1 of the Constitution.

The main duty of the Legislative branch is to make laws.

THE LEGISLATIVE BRANCH TOTAL NUMBER OF MEMBERS

HOUSE – 435 SENATE - 100

NUMBER OF MEMBERS FROM EACH STATE HOUSE - Based on the state population. SENATE - Equal number for each state; two per state.

QUALIFICATIONS HOUSE - At least 25 years of age, citizen for 7 years, and a

resident of state where elected. SENATE - At least 30 years of age, citizen for 9 years, and a

resident for the state where elected.

THE LEGISLATIVE BRANCH LENGTH OF ONE TERM IN OFFICE

HOUSE - 2 years SENATE - 6 years

PRESIDING OFFICERS HOUSE - Speaker of the House; elected by

members of the House.SENATE - Vice-President of the U.S.;

named President of the Senate. President pro tempore; elected by members of Senate.

THE LEGISLATIVE BRANCH SPECIAL POWERS

HOUSE - Begin tax bills, Impeaches (accuses) federal officials.

SENATE - Approves Presidential appointments, Tries and convicts impeached officials by two-thirds vote, and approves treaties by two-thirds vote.

POWERS IN COMMON Pass bills. Raise, borrow and coin money Declare war.

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US Government

Legislative Branch

The Executive Branch

The Executive branch is described in Article 2 of the constitution.

The main executive officers are the President and Vice-President.

They are assisted by a group of advisors, called the Cabinet, who help in running the federal government.

The main duty of the Executive branch is to carry out laws. This means to put laws into action.

The Executive Branch

LENGTH OF ONE TERM 4 years

MAXIMUM NUMBER OF TERMSNo more than two full terms

GROUP WHO ELECTS MAIN OFFICERS Electoral College

The Executive Branch

QUALIFICATIONSNatural (native) born citizenAt least 35 years of ageResident for the U.S for at least 14 years

ORDER OF SUCCESSION TO PRESIDENCY:Vice PresidentSpeaker of the HousePresident pro tempore of the SenateCabinet: in order Department’s were established

The Executive Branch

SPECIAL POWERS OF THE PRESIDENT:Commander in chief of the armed forcesGrant pardons and reprieves in federal casesMust give State of the Union Address once a yearCall special sessions of Congress

Senate approval required by majority vote:Make treaties with foreign countriesAppoint federal officials including Cabinet,

Supreme court Justices and ambassadors

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US Government

Executive Branch Legislative Branch

The Judicial branch

The Judicial branch is described in Article 3 of the Constitution.

The main judicial body is the Supreme Court which is the highest court in the land. There are two levels of lower courts, including

the District Court and the Courts of Appeals. The main duty of the Judicial branch is to

interpret laws. This means to explain what laws mean.

The Judicial branch

MAIN COURTSHighest: Supreme CourtMiddle: Courts of AppealsLowest: District Courts

NUMBER OF COURTSSupreme Court: 1Courts of Appeals: 11District Courts: 90

The Judicial branch

MAIN DUTIESSupreme Court: To decide if laws are

constitutional.Courts of Appeals: To rehear cases from

lower courts.District Courts: To decide cases involving

federal laws.

The Judicial branch

THE FOLLOWING INFORMATION APPLIES ONLY TO THE SUPREME COURT:NUMBER OF JUSTICES: NinePRESIDING OFFICER: Chief Justice

○ TERM OF OFFICE: For life on good behavior.○ May be removed only through impeachment

process.○ May resign voluntarily.

The Judicial branch

APPOINTED BY:The President

APPROVED BY: A majority vote of the Senate.

SPECIAL POWERS:To review and reverse decisions of lower

courts.To declare laws unconstitutional, or not legal

according to the constitution.

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US Government

Executive Branch Legislative Branch Judicial Branch

Separation of Powers

The president carries out the laws of the United States.

The Congress (Senate and House of Representatives) makes the laws.

The Supreme Court explains the laws.

State of Georgia Government Same format as the United States

(Federal) Government.Executive BranchLegislative BranchJudicial Branch

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State of Georgia

State of Georgia Government

Same format as the Federal-National Government

How many branches of government does Georgia have????

Executive Branch of Georgia The GOVERNOR is the head of the

executive branch. elected by the citizens of Georgia

four year terms.

The Governor can choose people to help run the state. (Cabinet)

The Governor has the power to VETO, or say no, to any idea for a law.

Elected Officials of Georgia Governor – Nathan Deal Lieutenant Governor - Casey Cagle Attorney General – Sam Olens Secretary of State – Brian Kemp State School Superintendent – John

Barge

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State of Georgia

Executive Branch

Legislative Branch of Georgia The job of the legislative branch of

state government is to make the laws. A bill is an idea for a law.

This branch has two parts: The Senate

The House of Representatives.

○ Together these two groups are called the General Assembly.

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State of Georgia

Executive Branch Legislative Branch

Judicial Branch of Georgia (from lowest to highest)

Magistrate Court county courts that issue warrants, hear minor criminal offenses and civil claims involving

amounts of $15,000 or less. Magistrate court is the court of first resort for many civil disputes including: county ordinance

violations, landlord/tenant cases, and bad checks. In criminal matters magistrates hold preliminary hearings; issue search warrants to law

enforcement and also warrants for the arrest of a particular person. No jury trials are held in magistrate court; civil cases are often argued by the parties

themselves, rather than by attorneys. Probate Court

wills and administration of decedents' estates is designated to the probate court of each county. Probate judges are also authorized to order involuntary hospitalization of an incapacitated adult

or other individual and to appoint a legal guardian to handle the affairs of certain specified individuals.

Probate courts issue marriage licenses and licenses to carry firearms.

Juvenile Court handle all cases involving children under 18 years of age; delinquent and unruly offenses

committed by children under 17 years of age; and traffic violations committed by juveniles

Judicial Branch of Georgia (from lowest to highest)

State Court exercise limited jurisdiction within one county. These judges hear misdemeanors

including traffic violations, issue search and arrest warrants, hold preliminary hearings in criminal cases and try civil matters not reserved exclusively for the superior courts. A state court is established by local legislation introduced in the General Assembly.

Municipal Court Cities and towns in Georgia establish municipal courts to handle traffic offenses, local

ordinance violations, conduct preliminary hearings, issue warrants, and in some instances hear misdemeanor shoplifting and possession of marijuana cases. Municipal court judges are often appointed by the mayor, some are elected. There are more than 350 municipal courts operating in Georgia.

Superior Court Superior court judges preside over all felony trials. The forty-nine superior court circuits in

Georgia are made up of one or more counties; each circuit has a chief superior court judge and a number of other judges as authorized by the General Assembly. Superior court judges are constitutional officers who are elected to four-year terms in circuit-wide nonpartisan elections. A candidate for superior court judge must be at least 30 years of age, a lawyer who has practiced for seven years, and a resident of the state for three years.

Judicial Branch of Georgia (from lowest to highest)

Court of Appeals of Georgia court of first review for many civil and criminal cases heard by the trial courts. The purpose of such a

review is to correct legal errors or errors of law made at the trial level, not to alter jury verdicts or the outcome of bench trials. The Court of Appeals has twelve judges who are assigned to one of four panels made up of three judges each. Once a case is assigned to a panel, the judges review the trial transcript, relevant portions of the record, and briefs submitted by the attorneys for the parties. Panels also hear oral arguments in a small number of cases. Panel decisions are final unless one judge dissents. If necessary, a case may be reviewed by a larger number of judges of the Court of Appeals for decision.

Supreme Court of Georgia the state's highest court, reviews decisions made in civil and criminal cases by a trial court judge or by

the Court of Appeals. This court also rules on questions involving the constitutionality of state statutes and all criminal cases involving a sentence of death. No trials are held at the appellate level, nor do the parties appear before the court. If attorneys present oral arguments, these are heard by the entire court.Each case accepted for review by the Supreme Court is assigned to one of the seven justices for preparation of a preliminary opinion (decision) for circulation to all other justices. The justices review trial transcripts, case records and the accompanying legal briefs prepared by attorneys. An opinion is adopted or rejected by the Court after thorough discussion by all the justices in conference.The Chief Justice and the Presiding Justice serve as officers of the court for two-year terms. The Chief Justice presides at official sessions of the Supreme Court and conferences of the justices. The Supreme Court is assigned oversight of the legal profession and the judiciary as well as other designated duties.

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State of Georgia

Executive Branch Legislative Branch Judicial Branch

Georgia Juvenile Justice Did you know that on any given day,

over 2,500 children are locked up in Georgia? Most of these young people are jailed for nonviolent crimes such as shoplifting, breaking windows, truancy (failure to attend school), or running away from home. They fall under the jurisdiction of Georgia’s juvenile justice system.

Georgia Juvenile Justice Juveniles are citizens under the age of seventeen. As

citizens, juveniles must follow the same local, state, and federal laws that all other citizens follow.

But juveniles have special status under the law, and they must also follow some laws that do not apply to adults. For example:Must attend school until at least age sixteen. They cannot run away from home.They cannot possess alcoholic beverages or tobacco until ages

twenty-one and eighteen respectively. Juveniles may not hang around public places or wander the streets

breaking local curfews, which are usually 12 midnight to 5 a.m. Juveniles cannot enter bars where alcoholic beverages are sold

unless accompanied by a parent or guardian. Juveniles are required to obey all of the reasonable and lawful

instructions or commands of their parents or guardian.

Georgia Juvenile Justice In 1906, the Georgia General Assembly passed a law

establishing a special court for juveniles. Today, every county in Georgia has one.

The juvenile courts have three main purposes: (1) to help and protect the well-being of children, (2) to make sure that any child coming under the jurisdiction of the court receives the care, guidance, and control needed, and (3) to provide care for children who have been removed from their homes.

Two terms are important to understand juvenile laws and courts. A delinquent act is an act that would be considered a crime if committed by an adult. A status offense refers to an act that would not be considered a crime if committed by an adult.

Georgia Juvenile Justice Steps in the Juvenile Justice Process When a juvenile is taken into custody, the first step is

intake. At this time, the juvenile is turned over to a juvenile court intake officer, who investigates the case. The intake officer must decide if there is enough evidence (probable cause) to support the charges made against the juvenile. If there is not enough evidence, the intake officer must

release the juvenile. If there is enough evidence to think the juvenile may be

guilty of the charges, the intake officer may (1) release the juvenile into the custody of his or her parents or legal guardian or (2) detain the juvenile.

Georgia Juvenile Justice In Georgia’s juvenile system, most juveniles are not detained but are

released into the custody of parents or guardians. Intake officers often detain juveniles who might be a risk to run away,

who might have nowhere else to go if parents or guardians are unable or unwilling to take them, who might be a risk to harm themselves or others, or who have been in trouble with the law before.

If a juvenile is detained, parents or a guardian must by law be notified. Juveniles who are detained are housed in one of the state’s Regional Youth Detention Centers, often known as RYDCs. In certain special circumstances, juveniles charged with serious crimes can be placed in adult jails and tried by adult courts rather than juvenile courts.

The second step is detention. If the juvenile is detained, a probable cause hearing before the juvenile judge must be held within seventy-two hours. At that point, the judge has three options: (1) dismiss the case, (2) have an informal adjustment, or (3) have a formal hearing.

Georgia Juvenile Justice Generally, an informal adjustment is held for first

offenders. The juvenile and his or her parents or guardian must agree to the informal adjustment, and the young person must admit the wrongdoing. The juvenile is under the supervision of the court for at least ninety days. While under the court’s supervision, the juvenile might be required to attend school regularly or participate in counseling programs. The juvenile may also be required to pay for any damages caused or to complete community service requirements.

Georgia Juvenile Justice If an informal adjustment is not held, the third step in the

juvenile justice process is a formal hearing. First, the complaining witness files a petition outlining the wrongdoing.

Once the petition is signed, a date is set for the formal hearing and a summons issued. The summons requires the juvenile, the parents or guardian, and those involved in the charges to attend the hearing.

The first part of a formal hearing is the adjudicatory hearing, which is somewhat like a trial. The juvenile judge hears the case against the juvenile and the juvenile’s defense. There is no jury. After listening to all the evidence, the judge decides whether or not the child is guilty of committing a delinquent act. If found not guilty, the juvenile is released.

If found guilty, the court schedules a second hearing. The second part of the formal hearing is called the dispositional hearing. In this part, the judge determines the punishment for the offense. At this hearing, both the prosecutor and the defense can call witnesses and present evidence that might influence the judge’s sentence. The fourth step

Georgia Juvenile Justice The fourth step in the juvenile justice process is

the sentencing. As a final step in the process, a juvenile has the right to appeal his or her case. The court has the right to extend its custody or supervision of the juvenile for up to five years.

Georgia Juvenile Justice Juveniles handled under the juvenile justice system have the

same basic legal rights that other citizens have. They have the right to have their cases decided quickly, just

as adults have the right to a speedy trial. Juvenile cases, however, are decided by a judge, not a jury. They must be notified of the charges against them;

protected against self-incrimination; the right to an attorney; the right to confront and to question witnesses against them the right to present a defense, to introduce evidence, and to testify

on his or her own behalf. Most importantly, the juvenile has the right to have a parent or a

guardian present in all hearings. If a child’s parents or guardian cannot afford a lawyer, the court

must appoint an attorney to represent the child.

Georgia’s Juvenile Seven Deadly Sins Law

Georgia’s “Seven deadly sins” law was passed in 1995. It mandates, for a first offense, a non-parolable sentence of at least ten years for kidnapping, armed robbery, and 4 types of sexual crimes.

Minimum sentence for first offense of murder is life, with no parole eligibility for 25 years.

Second offense of any of the “seven deadly sins” gets life without possibility of parole.