Juvenile Justice

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Juvenile Justice
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Juvenile Justice

• 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.

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Scenarios

• 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.
• 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.

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Juvenile Justice Notes

• Georgias 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
• In 1966, the Supreme Court ruled that juvenile
  have the same rights in the court system as
  adults
• The one exception is that juveniles (being tried
  as such) do not have the right to a jury trial
  to protect privacy

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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

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Juvenile Justice Unruly Behavior

• 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

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Juvenile Justice-Delinquent Behavior

• Juvenile Courts may also decide 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

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Juvenile Rights while in Custody

1. 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

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Juvenile Justice Process
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Juvenile Justice Process
Takes place in two days or less
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Juvenile Justice Process
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Juvenile Justice ProcessNext step
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Juvenile Justice Next Step
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The Seven Delinquent Behaviors

• These behaviors lead juveniles directly to adult
  court (Superior Court will handle)
• Aggravated child molestation
• Aggravated sexual battery
• Aggravated sodomy
• Murder
• Rape
• Voluntary manslaughter
• Armed robbery with a firearm
• These crimes are punishable with harsh
  punishments, i.e., prison