Juvenile Offenders in Georgia (AKS 47).pdf

Juvenile Offenders in Georgia AKS 47 Explain how the Georgia court system treats juvenile offenders. A. Explain the difference between delinquent and unruly behavior and the consequences of each by comparing similarities and differences. B. Describe the rights of juveniles involved...

Juvenile Offenders in Georgia AKS 47 Explain how the Georgia court system treats juvenile offenders. A. Explain the difference between delinquent and unruly behavior and the consequences of each by comparing similarities and differences. B. Describe the rights of juveniles involved in the juvenile justice system. C. Explain the steps in the juvenile justice system when a juvenile is first taken into custody by identifying the sequence of events and cause and effect.  Juvenile Offenders Georgia established its first juvenile court system in Fulton County in 1911. Creating a juvenile court system allowed for children under 17 years of age NOT to be treated and jailed in the same way as adults. Today all counties in Georgia have a juvenile court. The job of the juvenile court is to do what is best for the child and society in accordance with the 2014 juvenile code. In certain violent offenses, juveniles can be tried as an Click on image to learn more. adult under the “7 Deadly Sins” law of 1994 (although there are now 9 of them). “Seven (9) Deadly Sins” 1. Murder 2. Voluntary Manslaughter 3. Rape 4. Aggravated Sodomy 5. Aggravated Child Molestation 6. Aggravated Sexual Battery 7. Armed Robbery with a Firearm (gun) 8. Aggravated Assault with a Firearm on a public safety officer 9. Aggravated Battery on a public Click on image to learn more. safety officer  Juvenile Offenders What age is considered a Under the age of 17 is considered a juvenile in Georgia. juvenile in Georgia? What is the goal of the juvenile The goal of the juvenile justice system is to do what is best for the justice system? juvenile and society. When did a juvenile system In 1911, Fulton County established the first juvenile justice system begin in Georgia? in Georgia. Prior to the establishment of a Before 1911, juveniles were tried and jailed in the same way adults juvenile justice system, how were tried and jailed. were juvenile offenders treated?  Delinquent vs Unruly AKS 47 a When wrongdoing occurs, an adult can be found guilty of a crime, while juveniles are found delinquent or unruly. If a criminal act has occurred by a juvenile, it is considered a delinquent act. If a juvenile has committed an action that would NOT be considered criminal according to adult law, it is called unruly behavior. Click on image to learn more.  Delinquent Acts Delinquent acts can include… Theft Assault Possession/Selling of Drugs Fraud Trespassing Consequences of delinquent acts can include… Probation Incarceration (up to 30 days) Click on image to learn Being Committed to the Custody of more. the Department of Juvenile Justice  Unruly Behavior Unruly behavior can include… Possession of Alcohol or Cigarettes Running Away Breaking Curfew Disobedient to Adults Skipping or Not Attending School (truancy) Driving Without a License Consequences of unruly behavior can include… Placement in a Youth Development (detention) Center (YDC) for up to 30 days Release to Parent or Guardian Probation Being Committed to the Custody of the Click on image to learn Department of Juvenile Justice more about “boot camps”. Placement in Outdoor Program or Bootcamp  Delinquent VS Unruly Match the descriptions to the correct part of the venn diagram. Crime wa Wrongdoing committe occurred Delinquent Examples include: Unruly murder, theft, assault Incarceration is a possible consequence. Possible Consequences Include: Probation and placement in the custody of Department of Juvenile Justice Consequences can be as mild as release to parent or more Examples includ Not considered a significant like boot skipping schoo crime for an adult camp disobedience, breaking curfe  Rights of Juveniles Juveniles receive most adult rights (the examples on AKS 47 b this slide ONLY apply to juveniles) but due to their age they are also provided additional rights. Juveniles taken into custody have the right to… Parents being contacted immediately Have a parent or guardian present when questioned by authorities Have their name or photograph NOT made public Make a parent and attorney phone call (TWO calls) Not self-incriminate and explanation of what self-incrimination is Not be placed with adult offenders Rights of Juveniles (2) Juveniles receive most adult rights (the examples on this slide apply BOTH to juveniles and adults) but due to their age they are also provided additional rights. Juveniles taken into custody have the right to… Notice of charges Counsel (attorney) Confront and cross-examine witnesses Transcript of proceedings Appellate review Proof beyond a reasonable doubt No double jeopardy  Juvenile Justice System Just as juveniles have rights different from the rights of adults, the justice system for juveniles is AKS 47 c different as well. An adult is arrested, while a juvenile is considered to be taken into custody. After being taken into custody an intake officer determines if there is enough evidence to charge the juvenile. The juvenile will then be released or detained depending on the crime. First time offenders admitting guilt can have their case settled with an informal adjustment. More serious offenses and repeat offenders involve a formal hearing. During the formal hearing, a trial Click on image to learn will be held with NO jury. After the trial is held more. sentencing will occur if juvenile is found delinquent (guilty). As with adults, juvenile can appeal the case to a higher court.  Juvenile Justice System Summary of Steps: 1. Intake: child may have been referred (parent, teacher, etc.) or actually taken into custody by a police officer. 2. Informal Adjustment-Detention: Decision is made ( if case will go to juvenile court or if (intake officer) the child needs to be detained or released with supervision 3. Petition: formal charging with delinquency or unruliness (must be probable cause). 4. Adjudication (equivalent to adult trial): no juries, but a judge will hear witnesses and see evidence and a Click on image to learn decision is made on if the child is ruled unruly or more. delinquent 5. Disposition (equivalent to adult sentencing): The consequence for the offense is announced and then will begin.  A juvenile is Juvenile Justice System taken into the process for the juvenile justice system. custody and turned over to the intake IF... An informal Juvenile is a adjustment is held officer. and juvenile is first time under supervision offender of courts for 90 admitting guilt days. Depending on evidence, juvenile is In the In the disposition The juvenile is released or adjudicatory hearing, the sentenced if detained. hearing, a judge judge hears found to be (NOT a jury) witnesses and determines delinquent determines guilt punishment. (guilty). or innocence. IF… Juvenile is a repeat Juvenile can offender or a more appeal the ruling to a higher court serious crime if evidence occurred, formal suggests hearings begin. innocence.  Juvenile, NOT Adult Below describe how a juvenile would be treated in a similar situation as the adult situation described. Sometimes there will be similarities. Other times there will be differences. The adult can be arrested. The juvenile is taken into custody. The adult can be found guilty The juvenile an be found delinquent or unruly of a crime or act. of a crime. The adult can be held in prison The juvenile can NOT be held with adults. with other adults. The adults picture and name The juvenile has the right to NOT allow their picture or name to be made can be released to the public. public. The adult can appeal the ruling The juvenile can also appeal the ruling of the court if evidence suggests of the court if evidence innocence. suggests innocence.