Judicial Branch AKS 46 a, b, c, d.pdf

Georgia’s Government JUDICIAL BRANCH AKS 46 a, b, c, and d 6:05 © Brain Wrinkles  Judicial Branch AKS 46 a This branch interprets the state’s laws and makes sure that they are applied properly. The state principle Justice...

Georgia’s Government JUDICIAL BRANCH AKS 46 a, b, c, and d 6:05 © Brain Wrinkles  Judicial Branch AKS 46 a This branch interprets the state’s laws and makes sure that they are applied properly. The state principle Justice appeals to the judicial branch for fair and just decisions. The dual purpose of the judicial branch is to interpret the laws and administer justice The state’s courts make up the judicial branch of Georgia’s government. Georgia has two main kinds of courts: trial courts and appellate courts. Georgia’s court system is organized into seven levels with 2 appellate-level courts and 5 trial-level courts. © Brain Wrinkles  Note: This chart needs to be updated. The Supreme Court in Georgia currently has 9 justices and the Court of Appeals has 15 Judges. A current graphic can be found in your textbook on page 163. © Brain Wrinkles  Appellate Courts The appellate courts look over judgements made by lower courts and handles their appeals. They only hear cases appealed from lower courts rather than trying cases for the first time. Appellate courts make sure that trials are fair and do not go against Georgia’s Constitution. If an Appellate Court judge does not finish their terms for any reason, the governor names a replacement until the next election. There are two types of appellate courts in Georgia: the Supreme Court and the Court of Appeals. © Brain Wrinkles  Chief Judge of the Georgia Court of Appeals in the court’s Atlanta courtroom © Brain Wrinkles  Court of Appeals Court of Appeals: Second highest court in the state and is made up of 15 judges who work in panels of three to hear cases (5 total). Judges are elected to six year terms in a statewide election. Elections are non-partisan (judges do not run as a member of a political party). The Court of Appeals may hear any case they take up on appeal, other than those that the Supreme Court has exclusive jurisdication. © Brain Wrinkles  Georgia State Supreme Court Building Short Video on Georgia Supreme Court Beginning © Brain Wrinkles  Supreme Court Supreme Court: Highest court in the state (only 1) and is made up of 9 justices (including 1 Chief Justice) who elected to six-year terms. Election is statewide and non-partisan. Georgia’s Supreme Court may hear cases involving the constitutionality of a law, disputes over elections, death penalty convictions (capital offenses), titles to land, habeas corpus, matters of equity © Brain Wrinkles  Judicial Branch: Interpreting Laws & Ensuring Justice (AKS 46 b) © Brain Wrinkles  Interpreting Law It is the role of Georgia’s judges to interpret and apply state laws to individual cases and circumstances. One way that the judicial branch fulfills its role is that the Supreme Court may rule that a law passed by the legislative branch is unconstitutional. Also, when a state law is unclear, the Supreme Court has the final say about the meaning of the law. This is an important check by the judiciary branch on the other two branches of government. © Brain Wrinkles  Ensuring Justice The judicial branch is charged with ensuring equal protection under the law for all of Georgia’s citizens, and for enforcing the rule of the law. It is responsible for ensuring justice in our legal system by making sure that laws are constitutional, deciding if guilty in a fair manner, and designating punishment that fits the crime. Courts are to act in an impartial (unbiased) manner. Factors like race or economic status are not supposed to influence their decisions. © Brain Wrinkles  Lady Justice © Brain Wrinkles  Note: This chart needs to be updated. The Supreme Court in Georgia currently has 9 justices and the Court of Appeals has 15 Judges. A current graphic can be found in your textbook on page 163. © Brain Wrinkles  Trial Courts In trial courts, peoples’ actions are measured against the law. The actions can be judged in one of two ways: by a group of citizens called a jury, or simply by a judge. Trial courts hear and try cases for the first time. Some trial court cases are heard by a judge, others by a jury. See the next slide for a quick summary of the types of trial courts in Georgia. © Brain Wrinkles  Trial Courts 1. Superior Courts: Can hear almost any civil or criminal case; have a judge and jury 2. State Courts: Have jurisdiction over misdemeanor violations and civil cases; have a judge and jury 3. Juvenile Courts: Have jurisdiction over delinquent children under 17 and deprived children under 18; no jury 4. Probate Courts: Handle administrative matters such as wills and administration of estates; may have a jury 5. Magistrate Courts: Handle small civil claims of $15,000 or less, bad checks, arrest warrants, etc.; no jury © Brain Wrinkles  Two Types of Law: CRIMINAL & CIVIL (AKS 46 c) © Brain Wrinkles Video  2 Types of Law Trial courts oversee cases dealing with the two types of law—criminal law and civil law. Criminal law deals with actions that harm people and society. Ex: murder, robbery, DUI Civil law handles private disputes where one person or group says that another person or group has somehow done them wrong. Ex: divorce, contracts, property ownership, injuries. © Brain Wrinkles  Video on jobs in the Georgia Bureau © Brain Wrinkles of Investigation (GBI)  Criminal Law A criminal case is introduced by the government, who claims that a person or group has committed a crime. The government‘s prosecuting attorney seeks to convince the judge or jury that the defendant (person accused) both committed a crime and wantedMay to provide your own or one will be commit the crime. provided for you yes The defendant has a right to testify to defend himself. If the defendant is found guilty of breaking the law, he can be punished by being put in jail or made to pay a fine, or both. © Brain Wrinkles  Criminal Law Criminal law defines two classes of crimes. Crimes for which the punishment is less than a year in jail are called misdemeanors. Crimes with punishments of one year or more in jail are more serious and are called felonies. Guilt is harder to prove in a criminal case because the prosecutor must prove that the defendant is guilty “beyond a reasonable doubt”. © Brain Wrinkles  Civil Law A civil case is introduced by a private party (plaintiff) seeking monetary damages. The plaintiff brings their complaint to the court’s attention and tries to convince either a judge or a jury that their complaint has a real basis. The defendant may be forced to testify. Must provide your own If the plaintiff proves guilt of the other party by a “preponderance of evidence”, then the defendant may have to pay money to the plaintiff. Most civil cases are resolved out of court, and people found guilty in civil cases never have to go to jail. © Brain Wrinkles © Brain Wrinkles  Steps in the CRIMINAL JUSTICE PROCESS (AKS 46 d) © Brain Wrinkles  There are several steps in the criminal justice process. If an adult commits a serious enough crime, they can go through two processes. The first is the pretrial and the second, if needed, is the trial. © Brain Wrinkles  Pretrial Arrest - There is enough evidence that someone has committed a crime serious enough to warrant being taken into custody (police detention). Booking - Law enforcement officers make an official arrest report and hold the suspect in the local jail. Initial appearance - The suspect (a person thought to be guilty of a crime) appears before a magistrate court where he or she goes before a judge to have the charges brought against them explained and to determine if they are to be released on bail (the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing ). © Brain Wrinkles  Pretrial Preliminary hearing - The magistrate judge determines if there was a crime committed and if there is probable cause (a reasonable ground for supposing that a charge is well-founded) that the suspect was involved with the crime. Grand Jury indictment* - A group of citizens, called a grand jury, examines the evidence in order to determine if the suspect should be charged with a crime. If they do decide there is enough evidence, they issue what is called an indictment (a formal charge of a serious crime). Arraignment- formal reading of the charges © Brain Wrinkles  Pretrial Assignment before Superior Court - Upon receiving an indictment, the suspect is brought before a superior court judge. If the suspect claims that they are not guilty, the case moves on to trial. Admitting Guilt/Plea Bargaining - The suspect also has the opportunity to plead guilty. If they plead guilty to the charge, the judge will sentence the individual and the case does not go to trial. The suspect also has the choice of plea bargaining and admitting guilt to a lesser offense. If the prosecutor agrees to the plea bargain, the suspect is sentenced for the lesser offense and the case will also not go to trial. © Brain Wrinkles  If the suspect (now the defendant) pleads not guilty in the arraignment, then their case will go to trial. Below are the steps of the trial process: © Brain Wrinkles  Trial Selecting a Jury - In order to begin the trial, 12 citizens are selected as jurors for the case. In this process, the prosecuting and defending lawyers, along with the judge, can ask the potential jurors questions to determine if they should serve on the trial. Opening Statements - Once the trial begins, both attorneys are given the opportunity to speak directly to the jury to explain what they hope to prove in the case. Presentation of evidence - During the case, witnesses are called to the stand to give testimony. The jury listens to the evidence presented. Closing statements - After all of the witnesses have had a chance to speak, both attorneys present their final arguments in the case. © Brain Wrinkles  Trial Jury deliberation and verdict - After the final arguments, the jury is asked to discuss the case amongst themselves to determine if they think the defendant is guilty or not. Once the jury makes their decision, they notify the judge. If the verdict is not guilty, the defendant is released. Sentencing - If the jury finds the defendant guilty, the judge sentences the defendant, telling him/her the amount of time he/she will spend in prison and how much they owe in damages (if applicable). Appeal - If the defendant maintains his or her innocence or if there were mistakes made by the legal team or court in the case, the defendant can make an appeal where an appellate court will review the case. If they overturn the ruling, the case goes back to the superior court for a new trial. Review: A two minute video that is a nice review of the main concepts in this standard, click here. © Brain Wrinkles