Transcript Georgia and the American Experience

Georgia
and the
American Experience
Chapter 15:
Part 3
Young People and
the Law
©2005 Clairmont Press
Georgia
and the
American Experience
Young People
and the Law
©2005 Clairmont Press
Section 4: Young People
and the Law
• ESSENTIAL QUESTION
– How are young people affected by the
law?
Section 4: Young People
and the Law
• Some of the words do I need to know.
– truancy
– Juvenile
– Delinquent act
– Status offense
– Delinquent juvenile
– Unruly juvenile
– Deprived juvenile
Young People and the Law
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Over 2,500 children in jail in Georgia
juvenile: citizen under the age of 17
truancy: failure to attend school
juveniles must follow state’s laws, but
violators may be tried by a juvenile court
• Common crimes: smoking, drinking alcohol,
loitering (hanging around a public place
without permission), violating curfews,
running away
Juvenile Court System
• Every county has a juvenile court
• purposes:
– help and protect children
– ensure protection of children coming under
their jurisdiction
– provide care for children removed from their
home
• delinquent act: act that would be a crime if
committed by an adult (example: burglary)
• status offense: act that would not be a
crime if committed by an adult (example:
smoking)
What is an example of a delinquent act?
Larceny, Kidnapping, and Distribution of Narcotics
What the failure to attend school?
truancy
Juvenile Court System
• Unruly juvenile: commit status crimes like
truancy, breaking curfew, or running away
from home…
• Delinquent juvenile : Commit adult crimes
like robbery, theft, or assault…
• Deprived juvenile: children that are abused
by their parents.
Steps in Juvenile Justice
Process
1. juvenile “taken into custody” (Arrested)
2. intake: intake officer evaluates case decides
whether to detain or release
3. detain or release (to parents)
4. detained juveniles sent to RYDC (regional youth
detention center)
5. probable cause hearing before a juvenile court
judge
6. dismissal, informal adjustment, or
formal hearing- (very similar to a trial-NO JURY)
7. if the juvenile committed a serious offense or
multiple offenses, a judge has many sentencing
options- (Rarely sent to prison)
What are status offenses?
Acts that would not be a crime if
committed by an adult (example:
smoking)
What is the term for someone who commits
a status offense?
An Unruly juvenile
Who in our state is considered a
juvenile?
Anyone under the age of 17
What happens when a juvenile is
Taken into “custody”?
The juvenile is assigned an intake
officer
Georgia’s Seven Deadly
Sins Act
• 1994: legislature addressed issue of
increasingly violent youth crime
• juveniles charged with certain crimes
(murder, rape, armed robbery) could be
treated as adults by the courts
• superior courts handle these cases
• mandatory 10-year sentences were a part
of the new law
What is the term for a juvenile who
Commits an adult crime?
Delinquent juvenile
What is the term for a juvenile who
Is abused by his/her parents?
Deprived juvenile
Rights of Juveniles
• juveniles have the right to a fair and speedy trial
Since juvenile court proceedings can result in loss
of freedom:
• must know charges against them
• cannot be required to testify against
themselves ---- (self-incrimination)
• right to an attorney --- if cannot afford --- courts
provide
• In other words… juveniles especially have the
Amendments 1, 4, and 5
What is the first step an intake Officer can take
when a juvenile is taken into custody?
Contact parents
Which step in the juvenile process is like a trial
in the adult system?
A formal hearing
Who decides the case against
a juvenile?
A judge
Students’ Rights
Under School Law
• sometimes students’ rights have been in
conflict with schools’ authority
• courts have ruled that students’ civil rights
are in effect at school; however, schools
have been given broad power to control
and manage the school environment
What options can be used in sentencing by a
juvenile court judge?
•send the juvenile to youth detention
•place the juvenile on probation
•assign community service
When a juvenile commits a serious adult crime
and is tried as an adult, where is the case tried?
In Superior Court
Students Responsibilities
Under School Law
• students have a legal right to a free public
education
• responsibilities of students:
– attend school regularly from ages 6-16
– follow reasonable rules and regulations
– work with school officials to prevent disruption
and violence which keeps students from
learning and achieving
Click to return to Table of Contents.
What rights are juveniles guaranteed?
 a fair trial
 the right to an attorney
 protection against self-incrimination
According to GA’s state constitution, all
government originates from?
The people/voters