Juvenile Justice

YOU DECIDE

In each scenario, decide whether the person should be tried as a juvenile or transferred to criminal court and tried as an adult. Explain the reasons for your decisions.

Scenario #1

Eric, age 15, is accused of robbing an 86-year-old woman at gunpoint. Eric, who has a long juvenile record including acts of burglary, brags about the robbery.

Scenario #2

Marcia, age 17, is accused of killing a pedestrian while driving a stolen car. She has never been in trouble before, is remorseful about the killing, and claims that she planned to return the car after the short joyride.

The Sentencing of Bill Thomas

While watching the video, feel free to take notes in order to make the best informed decision you can make regarding Bill Thomas’ fate.

Definition of Georgia’s Juvenile Georgia’s juvenile justice

system has jurisdiction over children.

In Georgia, a person is considered to be a child if they are 17 years old or less.

In addition, someone who is 18 and deprived (child without supervision of parents or other caregiver) is also considered a child.

Juvenile Justice Unruly behavior is also

considered a status offense. This means this behavior would not be criminal if committed by an adult.

Sometimes status offenses are handled by offering appropriate adult supervision, or with drug or alcohol treatment (if necessary)

If the court decides unruly behavior is serious, the child may be committed to a juvenile justice detention center

Children may be sentenced to up to two years time

Juvenile courts in GA consider the following to constitute unruly behavior

The child frequently refuses to go to school.

The child frequently disobeys parents/caregivers.

The child runs away from home.

The child roams about on the streets between midnight and 5 a.m.

The child goes to a bar without his or her parents/caregivers, and/or is caught with alcoholic drinks in hand.

Juvenile Justice-Delinquent Behavior Juvenile Courts may also

decide if a child shows delinquent behavior (committing a crime)

A child who is under 13 cannot be tried for a crime in Georgia

Children 13 to 17 will be punished according to the law

This can include up to 5 years in a detention facility

The Seven Delinquent Behaviors These behaviors lead

juveniles directly to adult court: (Superior Court will handle)

1. Aggravated child molestation

2. Aggravated sexual battery3. Aggravated sodomy4. Murder5. Rape6. Voluntary manslaughter7. Armed robbery with a

firearm These crimes are

punishable with harsh punishments, i.e., prison

Juvenile Rights while in Custody1. Right to have a lawyer

2. Right to cross-examine witnesses

3. Right to provide evidence to support own case

4. Right to provide witnesses to support own case

5. Right to remain silent

6. Right to appeal

7. Right to a transcript of the trial

Delinquent Behavior

This term describes unruly behavior by a person less than 18 years of age.

Probable Cause Hearing

After a child is detained this is the next step. This hearing takes place in two days or less after the child is detained. A judge in the juvenile court system looks at the case and decides whether the child should be detained further or released.

Adjudicatory Hearing

The next step – this takes place in ten days or less for detained children. For released children, it takes place within 60 days or less. At the adjudicatory hearing a judge in the juvenile court decides whether the charges in the petition are true or not. If the judge thinks the charges are untrue, the case will be dismissed.

Dispositional Hearing If the judge thinks the charges are true

this type of hearing takes place. At this hearing the judge decides the course of treatment, supervision, or rehabilitation that the delinquent, unruly, or deprived child should undergo. The judge decides whether the child will receive probation or be put into a detention facility. In serious crimes the juvenile could receive 5 years or in certain cases the case will be transferred to superior court.

Juvenile Justice Scenarios

In each scenario, decide whether the person should be tried as a juvenile or transferred to criminal court and tried as an adult. Explain the reasons for your decisions..