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Juvenile Justice System
Transcript of Juvenile Justice System
What rights do juveniles have when taken into custody?
A. The right to remain silent; the right to a trial by jury.
B. The right to a trial by jury; the right to one phone call.
C. the right for two phone calls; the right for counseling about self incrimination.*
D. the right to remain silent; the right to not call their parents.
Sample Question for CG6d
What happens to a juvenile if the commit one of the seven most serious delinquent behaviors?
A. They will be tried as an adult.*
B. They have the right to a trial by jury.
C. They will be sent to a juvenile detention center.
D. They will remain under the custody of their parents. Sample Question for CG4e
• Reviews death sentences
• Ensures justice for Georgia’s citizens
Which court is being described above:
A. Juvenile Court
B. Magistrate Court
C. The Supreme Court*
D. The Court of Appeals
Juvenile Justice System Delinquent and Unruly Behavior
A delinquent act is an act committed by a juvenile that would be a criminal offense according to adult law. These actions can include theft, assault, possession of drugs, rape, and murder. If the act is serious enough, the juvenile may be charged as an adult and be subject for adult penalties
An unruly act is one that is committed by a juvenile that would not be a criminal offense according to adult law. These actions could include the possession of alcohol or cigarettes, leaving home without permission of their parents or guardians, breaking curfew, skipping or not attending school (truancy), driving without a license, or not abiding by the reasonable commands of parents or other adults. If a child commits these acts, they may be placed in a juvenile detention center. The Rights of Juveniles
When a juvenile is taken into custody, he or she has several rights including:
• have a parent or guardian present before they can be questioned by authorities
• not to have their names or photographs made public
• two phone calls (parent and attorney)
• not self-incriminate and to be counseled on what self-incrimination is
• not to be placed with adult offenders
• for parents to be contacted immediately
Note: Unlike adults, for a juvenile to be taken into custody, the officer must only have probable cause that the juvenile committed an offense. SS8CG6 The student will explain how the Georgia court system treats juvenile offenders. The juvenile justice system was created to both protect and bring justice to child offenders who are under the age of 17.
Since the juvenile justice system may affect 8th grade students directly, it is important for them to understand how the process works. There are several steps in the juvenile justice process:
• Intake Officer- FIRST decides if there is enough evidence to make a charge against them.
• Release or Detained- if there is not enough evidence, released to their parents or guardian; if there is enough evidence, they are held in a YDC or adult prison depending on the crime. If detained, must be a hearing within 72 hours to determine if proceedings should continue.
• Informal Adjustment- (optional if a juvenile is a first time offender) juvenile must admit guilt to the judge and is under the supervision of the courts for 90 days.
• Adjudicatory Hearing- the judge determines guilt or innocence. Juries do not hear juvenile cases.
• Disposition Hearing- judge hears witnesses and determines the punishment for the juvenile.
• Sentencing- the judge rules on punishment:
mandatory counseling and school attendance
• Appeal- the juvenile can appeal the ruling if there is enough evidence to prove that they were innocent. Sample Question for CG4a
In the judicial system, appellate jurisdiction is the authority of a court to hear a case appealed from a lower court. In the Georgia judicial system, the court MOST LIKELY to hear an appeal from the Juvenile Court is the
A. Probate Court.
B. Superior Court.
C. Appeals Court.*
D. Supreme Court. Sample Question for CG4b
Under civil law, which of these is the ONLY punishment a defendant can receive?
A. The defendant can be incarcerated.
B. The defendant must reimburse the plaintiff.*
C. The defendant may be given the death penalty.
D. The defendant must pay a fine to the government.
a. Explain the difference between delinquent behavior and unruly behavior and the consequences of each
b. Describe the rights of juveniles when taken into custody.
c. Describe the juvenile justice system
d. Explain the seven delinquent behaviors that can subject juvenile offenders to the adult criminal process, how the decision to transfer to adult court is made, and the possible consequences. Extra Notes
Most serious crimes are called felonies
Georgia Court of Appeals and Georgia Supreme Court are both appeals courts
There are seven justices in the Georgia Supreme Court
The commitment step of the juvenile justice system is only found there
A crime committed by a juvenile which would be considered a crime if committed by an adult is a delinquent act
Juveniles are NOT guaranteed the right to BAIL
The state has the burden of proof in a CRIMINAL case
The plaintiff has the burden of proof in a CIVIL case
Under 18 years old is considered a JUVENILE