UNIT 4: GOVERNMENT IN GEORGIA

Unit 4: Government in Georgia

Standards: CG1, CG2, CG3, CG4, CG5, CG6 ( means prioritized standard)

State & Local Government Vocabulary Practice Set: https://quizlet.com/_4yfisa
Adult & Juvenile Justice System: Vocabulary Practice Set: https://quizlet.com/_4yfk8z
Vocabulary Rating Sheet:

K.I.M Vocabulary Activity:
Bill of Rights Transcript CG1a. (click "Bill of Rights")
Video Resources:
BrainPop: U.S. Constitution
BrainPop: Branches of Government
BrainPop: How a Bill Becomes a Law
BrainPop: Voting
BrainPop: Citizenship
Flashcards:
Legislative Branch
Executive Branch
Judicial Branch

Georgia Stories: Bootcamp Justice for Juvenile Offenders

Georgia Government Instructional Guide:
Government Visual Summary

Georgia has had ten state constitutions since 1777. Each of these constitutions set the guidelines for those who governed the state and outlined the rights and responsibilities of Georgia’s citizens. Key concepts concerning Georgia’s present constitution include the constitution’s basic structure, the separation of powers and checks and balances, the rights and responsibilities of citizens, and voting qualifications and elections in Georgia.

SS8CG1.a Explain the basic structure of the Georgia state constitution (preamble, bill of rights, articles, and amendments) as well as its relationship to the United States Constitution.

Legislators began writing Georgia’s current constitution in 1977, and it was approved by the state’s citizens in 1983. This was the largest re-write of Georgia’s constitution since 1877. The goal was to create a brief, clear, and flexible constitution. The basic structure of the constitution includes the preamble, bill of rights, 11 articles, and amendments.

The preamble is a brief statement that identifies the fundamental purposes and principles for which the Georgia Constitution stands. The preamble follows:

To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.

The bill of rights is found in Article I of the Georgia Constitution. A bill of rights enumerates certain individual liberties and protects those liberties from governmental intrusion, unless there is a sufficiently compelling justification for government action. Some rights from the original constitution of 1777 remain, however, the current bill of rights, originally written in 1861 by T. R. R. Cobb, has been “remarkably stable.” The Georgia Bill of Rights consists of forty paragraphs, which constitute Article I of the Constitution of 1983. Twenty-eight paragraphs enumerate individual rights, nine deal with the origins of government, and three are devoted to "general provisions." Due to social changes through the years, however, some rights have been added to the bill of rights.

The eleven articles comprise the bulk of the constitution and include paragraphs that outline the rights, rules, regulation, and procedures for both citizens and the state’s government. The articles include:

Article I: Bill of Rights
Article II: Voting and Elections
Article III: Legislative Branch
Article IV: Constitutional Boards and Commissions
Article V: Executive Branch
Article VI: Judicial Branch
Article VII: Taxation and Finance
Article VIII: Education
Article IX: Counties and Municipal Corporations
Article X: Amendments to the Constitution
Article XI: Miscellaneous Provisions

According to the New Georgia Encyclopedia, the Constitution of 1983 has several new provisions that were not in any of Georgia’s other constitutions. These include an equal protection clause, a division of the courts, and the nonpartisan (free from party ties or bias) elections of judges.

The process to amend Georgia’s Constitution are outlined in Article X. Amendments can be proposed by the General Assembly (the proposed amendment appears on the state’s ballot for voter consideration) or by a state constitution convention (elected delegates meet to propose revisions or amendments).

State constitutions have to meet the U.S. Constitution. The federal government does allow for states to make laws good for states as long as it follows the U.S. constitution.

The Georgia Constitution contains many similarities as well as differences to the U. S. Constitution.

Similarities include:

Each constitution contains a bill of rights.
Each adopts the concept of separation of powers with specific legislative, executive and judicial branches.
Executive leaders have power to appoint officials and veto bills.
The legislative branches (the U.S. Congress and the Georgia General Assembly) are bicameral and each calls its two chambers the Senate and the House of Representatives.
Both governments allow judicial review (the power of the courts to declare acts unconstitutional.)

Differences include:

Georgia’s Constitution is longer in length due to the specific, detailed policies.
Georgia voters must approve any amendments to the constitution while there is no comparable role for amending the U. S. Constitution.
Georgia’s Constitution requires that the state maintain a balanced budget while the U.S. Constitution does not place that limitation on the federal government.
According to the Georgia Constitution, the Georgia Governor has line-item veto power (can cut a specific item in a spending bill) while the U. S. President does not have the same power.
Georgia elects almost all of its judges on non-partisan ballots while the President nominates judges for Senate approval.
Legislators (both Senators and Representatives) in Georgia serve two-year terms while at the national level, Representatives serve two-year terms and Senators serve six-year terms.
The Georgia Governor does not function with a cabinet of advisors as does the President.
The Georgia Constitution provides detailed information regarding how local governments should function. The U. S. Constitution does not mention local government.

SS8CG1.b Explain separation of powers and checks and balances among Georgia’s three branches of government.

Like the federal government, the government of Georgia has separation of powers between the three branches of government, along with the powers to check and balance the actions of the other branches.

Separation of powers allows our state government to maintain separate branches of government in order to keep any one branch from exercising the distinct functions of another. A simple way to describe these powers is that the legislative branch (the Georgia General Assembly) makes the laws, the executive branch (headed by the Governor) carries out and enforces the laws, and the judicial branch (headed by the Georgia Supreme Court) interprets and determines the constitutionality of the laws.

Checks and balances is a concept that the framers of the U. S. Constitution created and that the state of Georgia adopted when creating its own constitution. Not only did they separate the powers of government, they created a system for each branch to check each other’s power. An example of checks and balances can be observed in the process of how a bill becomes a law. If the General Assembly passes a law that the governor does not agree with, the governor can veto (reject) it. The General Assembly then has the option (if it can gather enough votes) to override the veto. Once the bill becomes a law, the Supreme Court determines if it is constitutional or not. If the law is ruled unconstitutional, then it is null and void.

SS8CG1.c Describe the rights and responsibilities of citizens according to the Georgia Constitution.

The Rights of Citizens

Both the Georgia and U.S. Constitutions include a Bill of Rights outlining the rights of every citizen. For the most part, both documents have similar rights and freedoms, such as freedom of religion, freedom of speech, and the freedom of the press. However, Georgia’s Bill of Rights has several differences as compared to the U.S. Bill of Rights including:
Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty, or property except by due process of law.
Paragraph III. Freedom of conscience. Each person has the natural and inalienable right to worship God, each according to the dictates of that person's own conscience; and no human authority should, in any case, control or interfere with such right of conscience.
Paragraph XXI. Banishment and whipping as punishment for crime. Neither banishment beyond the limits of the state nor whipping shall be allowed as a punishment for crime.
Paragraph XXVIII. Fishing and hunting. The tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good.

The Responsibilities of Citizens
In addition to rights, citizens of the state and nation also have civic responsibilities. Some of these responsibilities include:

Paying taxes
Serving on juries
Volunteering
Voting

SS8CG1.d List voting qualifications for elections in Georgia.

Voting qualifications in Georgia are determined by Georgia’s constitution. The three qualifications are:

Voters must be a citizen the United States
Voters must be 18 years old by election day
Voters must be a legal resident of Georgia and the county in which a person wants to vote

In addition, the voter cannot currently be serving time in jail for a felony offense or ruled to be mentally incompetent.

There are several locations where Georgians can register to vote. Some of these include city, county and state offices, and libraries. Voters can also download a voter registration form online and mail it to the Georgia Secretary of State’s office. Voters are only allowed to vote at the polling place in their district (precinct), or via absentee ballot.

Once they are registered, Georgians usually vote in three types of elections. These elections are:

Primary elections - an election where members of the Republican and Democratic party vote for candidates to run for a specific office such as governor, lieutenant governor, and secretary of state. These are open elections and the voter does not have to be a member of the party to vote. These elections are held in July or August during even numbered years.
General - an election where the winners from both parties’ primaries, along with members of third parties and independents, compete for political offices. The elections are also held in even number years and take place on the second Tuesday of November.
Special - an election that is used to present a special issue to voters or to fill a vacancy.

In Georgia, if a candidate does not receive more than 50% of the vote (i.e., 50% +1 vote), then there is a runoff election. This can take place in the primary or the general election. Voters sometimes have the opportunity to vote on a law. This is called a referendum.

SS8CG1.e Identify wisdom, justice, and moderation as the three principles in the Pledge of Allegiance to the Georgia Flag.

Governor Eugene Talmadge signed a joint resolution of the General Assembly adopting a pledge of allegiance to the Georgia flag on March 28, 1935. The Georgia flag, at that time, featured three bars - two red and one white - and a vertical field of blue that featured the Georgia state seal. This pledge stated:

“I pledge allegiance to the Georgia flag and to the principles for which it stands; Wisdom, Justice, and Moderation.”

Though never formally adopted as an official motto for the state, wisdom, justice and moderation became a part of the state seal in 1799. As information, some historians have concluded that the words in the motto mean the following:

Wisdom - applies to the Legislative branch and its making of state laws
Justice - applies to the just and fair decisions made by the Judicial branch
Moderation - applies to the use of moderation in administering laws by the Executive branch

***SS8CG2 a. Explain the qualifications for members of the General Assembly and its role as the law-making body of Georgia.

The primary function of the General Assembly is to make the laws that govern Georgia. This involves the proposal of legislation, committee consideration, and finally action by the full house—a series of steps that have to be repeated in both houses.

The Organization of the General Assembly - the House of Representatives

The Georgia House of Representatives is made up of 180 members. It is presided over by the Speaker of the House. The speaker is elected by all of the members of the House. The Speaker’s powers include scheduling debates, voting, and assigning House members to committees. The Speaker of the House has historically been a member of the party in power, though technically they do not have to be.

There are three other leaders in the General Assembly. This includes the Majority Leader, the Minority Leader, and the Floor leader. As the name implies, the Majority leader is responsible for making sure its members vote for the bills and agenda that majority party favors and the same is true for the minority leader. The Floor leader’s role is to promote the interest of the Governor on the house floor.

The Organization of the General Assembly - the Senate

The Georgia Senate is composed of 56 members. It is presided over by the Lieutenant Governor, who is also known as the “President of the Senate.” The Lieutenant Governor is elected directly by Georgia’s voters. As the chief officer of the Senate, the Lieutenant Governor’s powers include promoting committee chairs. Since the Lieutenant Governor is voted for directly by the people, there is a chance that he or she may be a member of the minority party.

****SS8CG2.b Describe the purpose of the committee system within the Georgia General Assembly.

Most of the work conducted in both houses of the General Assembly is in the committee system. The House of Representatives is comprised of 36 standing committees while the Senate is made up of 26. Each of these committees has a particular focus such as agriculture or education. Each member of the General Assembly is responsible for serving on at least two or three committees. Each of these committees can, create, amend, change, or kill legislation.

There are four types of committees in the General Assembly. These are:

Standing Committees: Permanent committees or those that continue for every legislative session
Ad hoc Committees: Committees created for a special purpose
Joint Committees: A committee made up of members of the Senate and House
Conference Committees: Created when the House and Senate create different versions of a bill. The members of each house must compromise and make one bill for it to become a law.

****SS8CG2.c Explain the process for making a law in Georgia.

It is a complex and lengthy process for the legislative branch to fulfill its role as the lawmaking body for the state. The 16-step process is outlined below.

A legislator introduces an idea for a law (this could be based on the needs of his or her constituents, suggestions made by the Governor or Floor Leader, or his or her own ideas or beliefs).

A legislator introduces an idea for a law (this could be based on the needs of his or her constituents, suggestions made by the Governor or Floor Leader, or his or her own ideas or beliefs).
The legislator goes to the Office of Legal Counsel to determine and remedy any legal issues that the bill may face.
The legislator files the bill with the Clerk of the House or Secretary of Senate.
The bill is formally introduced (1st Reading).
The bill is assigned to a standing committee.
The bill receives a 2nd reading (process differs in House and Senate).
The bill is considered by committee (bill can be engrossed, killed or amended).
The bill is reported favorably by the committee and returned to the Clerk or Secretary.
The bill is placed on a general calendar.
The Rules Committee meets and prepares a rules calendar.
The presiding officer calls up bills for calendar.
The bill receives a 3rd reading (bill is now up for debate and voting).
If the bill is approved, it is sent to the other house.
If the bill is passed by second house, it is returned. If bill is not accepted, it is either killed or brought before a conference committee because both houses must agree on 1 version of the bill without amendments.
If accepted by both houses, the bill is sent to the Governor for approval.
**The Governor may sign the bill or do nothing (it becomes law). Governor may veto the bill ( The Georgia General Assembly can override with veto with 2/3 vote in each house).
Act is printed in the Georgia Laws Series and becomes law the following July 1.

****SS8CG2d. Describe how state government is funded and how spending decisions are made.

In order for the state government to function effectively, the government must generate revenue (money) to operate. This is necessary for many government-sponsored programs to meet the needs of the citizens of the state. The General Assembly determines the types of revenue sources and the terms by which they operate. The Department of Revenue, an agency of the state government, is charged with the responsibility of administering and collecting revenue while the governor, the state’s budget director, is also involved in revenue decisions.

Georgia’s government collects tax and non-tax revenues. Tax revenues are generated from the following types of tax sources:

Individual income taxes - a graduated tax based on income that individuals or married couples generate in the form of salaries, wages and/or investments. These graduated taxes rise as taxable income increases. This tax generates 40% - 45% of the state’s revenue.
Corporate income taxes - a flat tax (6 percent since 1969) on income that a corporation generates within state boundaries. This form of tax generates about 3% - 5% of the state’s revenue.
Insurance premium taxes - placed on insurance companies that sell insurance in Georgia. These companies are not subject to corporate income taxation. This type of tax generates approximately 2% of Georgia’s yearly revenues.
General sales taxes - a tax placed on customer purchases in retail stores. This tax is a percentage of the price of the item purchased. Georgia’s sales tax rate is 4% but local governments have increased the percentage of sales tax based on optional sales taxes at the local level. This usually brings the sales tax rate to 7% or 8%. When most food items were exempt from sales tax, this form of tax was the leading source of revenue for the state. However, it is now the second highest source of revenue, producing about 30% of the state’s revenues.
Property taxes - this form of tax generates revenue for local government and adds only a small portion to the state’s revenue funds (less than 1%). Once county and city governments collect taxes, they share a small portion with the state in the form of a state property tax. The Department of Revenue guides local governments to ensure that there is some uniformity from county to county. ***This is how schools primarily receive their funding.
Excise taxes - special taxes placed on items such as gasoline, alcoholic beverages, and tobacco products. These taxes are usually fixed amounts per item as opposed to a percentage of the price of the item. Excise taxes generate about 1% - 2% of the state revenues and are applied to the state’s general fund.
Estate (Inheritance) taxes - these taxes are payable from the estate of deceased persons and are related to the federal government’s estate tax. Adjustments in federal law have caused the estate taxes to generate less revenue than in the past. Currently, estate taxes provide less than 1% of state revenues.

Non-tax revenues are generated from fees, the state lottery, and settlement funds.

Fees - generated from entrance fees into state parks, fees for occupational and recreational licenses (also known as regulatory fees - the government regulates the occupation or activity). These fees generate about 3% - 4% of state revenues.
The state lottery - this third-largest revenue source for the state generates 5% of the state revenues per year. By law, lottery revenue can be spent for special programs including college and technical school HOPE scholarships, pre-kindergarten programs and technology for education programs.
Settlement programs - the following two programs generate more than 2% of state revenues. Since 1998, to off-set costs to the state from cigarette smoking health issues, Georgia and other states participate in the tobacco-settlement-fund program. The state also supports an indigent-care trust fund. In conjunction with federal funds, this trust fund helps hospitals cover the costs of providing health care to the poor.

****SS8CG3 a. Explain the qualifications for the governor and lieutenant governor and their role in the executive branch of state government.

****SS8CG3 b. Describe how the executive branch fulfills its role through state agencies that administer programs and enforce laws.

The executive branch is charged with the responsibility to enforce the laws passed by the legislative branch. In order to do so, the state government is comprised of agencies to support the implementation of Georgia law. Because the many state agencies and departments fall under the jurisdiction of the executive branch, the executive branch is the largest branch in the state. The Georgia Constitution requires voters to elect six department heads in addition to the governor and lieutenant governor. These eight officials are referred to as the state’s “elected constitutional officers.” Like most states, Georgia elects an attorney general and secretary of state. However, Georgia is among the few states that allow voters to elect a state school superintendent and individuals to lead departments of agriculture, insurance, and labor. According to the state constitution, the General Assembly is charged with determining the power and duties of these officers and to fund their agencies.

State agencies that administer programs and enforces laws include:

The Office of the Secretary of State - The Secretary of State, an elected constitutional officer, is the keeper of Georgia’s Great Seal and the custodian of the state flag and other state symbols. A significant role this office provides is the supervision and monitoring of elections in the state. His office is the official state entity where corporations and not-for-profit organizations are registered to conduct business in the state of Georgia. This office oversees over 30 state boards.
The Attorney General - The Attorney General, an elected constitutional officer, is the state’s chief legal officer. As the advisor to the executive branch, the attorney general’s office deals with contracts and legal concerns for the state. The attorney general represents the state in capital felony cases (death penalty cases) and can represent the state in any civil action in any court. The attorney general is also responsible for the investigation and prosecution of any state official or any one working for the state if accused of wrongdoing.
The State Department of Education - The Department of Education is led by the State School Superintendent, an elected official. The State School Superintendent is the chief executive officer of the state’s Board of Education which is made up of 14 members (based on congressional districts). The Department of Education, managed by the state school superintendent, is made up of five offices: Curriculum and Instruction, Finance and Business Operations, Instructional Technology and Media, Policy and External Affairs, and Teacher and Student Support.
The Department of Insurance - The commissioner, an elected constitutional official, licenses and regulates insurance companies in the state to guarantee that insurance rates, rules, and forms comply with state law. This office investigates concerns of insurance fraud. As the office concerned with state fire safety, this office inspects buildings and houses to prevent fire outbreaks.
The Department of Agriculture - The Commissioner of Agriculture, an elected constitutional official, is responsible for regulating and promoting Georgia’s agriculture industry. The commissioner’s department regulates, monitors and assists with such businesses and programs as convenience stores, food processing and bottling plants, pest eradication programs, nurseries and garden businesses and state farmers’ markets.
The Department of Labor - The commissioner of labor, an elected constitutional official is, responsible for the administration of the state’s workforce programs. These include unemployment issues, rehabilitation programs, and the requirements of the Workforce Investment Act (WIA), a program that utilizes federal funds to promote employment opportunities and job training. The commissioner’s department also provides workforce education to the public and monitors the enforcement of law governing work conditions, safety on the job and child labor issues.
The Department of Human Services- social services for children, enforces child support, and the elderly, welfare programs for the unemployed, was formerly known as Department of family and children services or (DFACS)

Other agencies that fall under the executive branch include:

The Department of Transportation (GDOT) - The Georgia Department of Transportation is responsible for planning, constructing, and maintaining Georgia’s roads and highways.
The Department of Economic Development - This department is responsible for encouraging economic development in the state, attracting others to the state for business, etc.
The Department of Natural Resources (DNR) - This department administers and enforces the laws that relate to Georgia’s natural resources. Ex. Making decisions w/ disputes like Lake Lanier & Alabama, Fl. & Ga. claims.
The Department of Public Safety - Created in 1937, this department was established to protect Georgia’s citizens and their property. It oversees the Georgia State Patrol, the Capitol Police and the Motor Carrier Compliance Division.
The Public Service Commission (PSC) - The PSC monitors the safe, dependable, and reasonably priced telecommunications, electric, and natural gas services from competent companies.
The Department of Revenue - This department administers the tax laws in the state.
The Georgia Bureau of Investigation (GBI) - This agency provides assistance to the state’s criminal justice system in the areas of criminal investigations, forensic laboratory services and computerized criminal justice information.
The Georgia Forestry Commission (GFC) - This agency seeks to protect and conserve Georgia’s forest resources.
The Department of Juvenile Justice (DJJ) - This department seeks to hold young offenders accountable for their actions and to be supportive of youth in their communities to become productive citizens.
The Board of Regents - The board oversees the public colleges and university that make up the University System of Georgia and has oversight of the Georgia Archives and the Georgia Public Library System.
The Department of Corrections - This department protects Georgia’s citizens by operating safe and secure facilities while reducing recidivism (the tendency of a criminal to reoffend).
The State Board of Pardons and Paroles - This board is responsible for reviewing requests for parole, pardons, reprieves, remissions and commutations. They can restore civil and political rights for released offender

****SS8CG4 a. Describe the ways that judges are selected in Georgia.

****SS8CG4 b. Analyze the dual purpose of the judicial branch: to interpret the laws of Georgia and administer justice in our legal system.

The Georgia Supreme Court is the state’s highest court and holds certain powers that no other court in Georgia has. These include interpreting laws passed by the Georgia General Assembly, resolving challenges to elections results, and reviewing cases where the death penalty was sentenced. Unlike the U.S. Supreme Court, the seven justices on the State Supreme Court are elected to 6 year terms by Georgia voters (the justices on the U.S. Supreme Court are appointed by Presidents for life, retirement, or impeachment).

While all courts in the judicial branch play a part in ensuring justice in our legal system, the Supreme Court plays the most important role by interpreting laws enacted by the legislative branch. The Supreme Court accomplishes this by reviewing court cases that challenge the laws. If the Georgia Supreme Court rules that the law is unconstitutional (not supported by the Georgia or U.S. Constitution) then the law is struck down. Though the Georgia Supreme Court is the highest court in Georgia, any decision can be brought to the U.S. Supreme Court for appeal. The power to interpret laws is one of the checks that the judicial branch has over executive and legislative branches and is a way to protect against “bad” laws and ensure justice for all of Georgia’s citizens.

The state of Georgia administers justice by prosecuting many kinds of federal crimes, including terrorism, human trafficking, white collar and cybercrime, civil rights violations, identity theft, gang violence, child exploitation, and large-scale drug trafficking cases. The justice system aggressively investigates and prosecutes corruption by those in public office, government service, and corporate boardrooms. The system engages in prevention efforts to educate citizens about public safety threats, deter students and adults alike from turning to criminal conduct, and provide ex-offenders with an intensive re-entry program after they complete their sentences of imprisonment.
****Justice is administered through the many levels of the state court system. The Georgia state court system has five classes of trial-level courts: the magistrate, juvenile, state, and superior courts. In addition, there are approximately 350 municipal courts operating locally. There are two appellate-level courts: the Supreme Court and Court of Appeals.

****SS8CG4 c. Explain the difference between criminal law and civil law.

Criminal Law deals with laws that are created to protect society from wrong-doers. Crimes are serious offenses that are punishable with fines, community service, prison, and sometimes even death. The majority of citizens understand more about criminal law than civil law.

Civil Law deals with laws created to deal with relationships amongst individuals. Civil laws usually involve compensation from one individual or group to another individual or group based on injury or wrong doing. A civil wrong doing against an individual is called a tort.

***A person can be charged with both criminal and civil wrong doing for the same action. For example, a person can be acquitted of murder in his/her criminal case and can also be found guilty of wrongful death and ordered to pay damages in his civil trial.

****SS8CG4 d. Explain the steps in the adult criminal justice system beginning with arrest.

The adult justice system is divided into civil and criminal law. In the case of criminal law, offenses are categorized into felonies and misdemeanors. Felonies are serious crimes such as arson, murder, rape and grand theft. The minimum sentence one can receive for committing a felony is no less than one year in jail. Felonies that can be punishable by death are called capital crimes. In Georgia, capital crimes include murder, kidnapping with bodily injury, aircraft hijacking, and treason. Misdemeanors are less serious crimes and are usually punished with less than a year in prison and a fine. Some misdemeanors are assault and battery, cruelty to animals, shop lifting, and trespassing.

For more serious crimes, defendants are given a trial by jury; for less serious crimes, defendants stand before a judge. Several courts hear civil and criminal court cases depending on their severity. However, the superior court hears all felony trials.

There are several steps in the criminal justice process. If an adult commits a serious enough crime, they can go through two processes. The first is the pretrial and the second, if needed, is the trial. Below are the steps for the pretrial process with a brief description of each.

Pretrial

Arrest - There is enough evidence that someone has committed a crime serious enough to warrant being taken in to custody (police detention).
Booking - Law enforcement officers make an official arrest report and hold the suspect in the local jail.
Initial appearance - The suspect (a person thought to be guilty of a crime) appears before a magistrate court where he or she goes before a judge to have the charges brought against them explained and to determine if they are to be released on bail (the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing ).
Preliminary hearing - The magistrate judge determines if there was a crime committed and if there is probable cause (a reasonable ground for supposing that a charge is well-founded) that the suspect was involved with the crime.
Grand Jury indictment - A group of 23 citizens, called a grand jury, examines the evidence in order to determine if the suspect should be charged with a crime. If they do decide there is enough evidence, they issue what is called an indictment (a formal charge of a serious crime). ***There are 2 types of juries.
Arraignment- formal reading of the charges
Assignment before Superior Court - Upon receiving an indictment, the suspect is brought before a superior court judge. If the suspect claims that they are not guilty, the case moves on to trial.
Admitting Guilt/Plea Bargaining - The suspect also has the opportunity to plead guilty. If they plead guilty to the charge, the judge will sentence the individual and the case does not go to trial. The suspect also has the choice of plea bargaining and admitting guilt to a lesser offence. If the prosecutor agrees to the plea bargain, the suspect is sentenced for the lesser offense and the case will also not go to trial.

Trial
If the suspect (now the defendant) pleads not guilty in the arraignment then their case will go to trial. Below are the steps of the trial process.

Selecting a Jury - In order to begin the trial, 12 citizens are selected as jurors for the case. In this process, the prosecuting and defending lawyers, along with the judge, can ask the potential jurors questions to determine if they should serve on the trial.
Opening Statements - Once the trial begins, both attorneys are given the opportunity to speak directly to the jury to explain what they hope to prove in the case.
Presentation of evidence - During the case, witnesses are called to the stand to give testimony. The process starts with the prosecuting attorney calling a witness who he or she hopes will prove the guilt of the defendant. The defendant’s attorney is given the opportunity to cross-examine the witnesses.
Closing statements - After all of the witnesses have had a chance to speak, both attorneys present their final arguments in the case.
Jury deliberation and verdict - After the final arguments, the jury is asked to discuss the case amongst themselves to determine if they think the defendant is guilty or not. Once the jury makes their decision, they notify the judge. If the verdict is not guilty, the defendant is released.
Sentencing - If the jury finds the defendant guilty, the judge sentences the defendant, telling him/her the amount of time he/she will spend in prison and how much they owe in damages (if applicable).
Appeal - If the defendant maintains his or her innocence or if there were mistakes made by the legal team or court in the case, the defendant can make an appeal where an appellate court will review the case. If they overturn the ruling, the case goes back to the superior court for a new trial.

SS8CG5 a. Explain the difference between delinquent and unruly behavior and the consequences of each.

The Georgia General Assembly set the legal precedent for a “children’s court” in 1906. Fulton County was the first county in Georgia to create a juvenile court in 1911. Every county in Georgia has a juvenile court today.

Georgia juvenile courts are governed by the 1971 juvenile code. More protective of the child rather than punitive (punishment oriented), the juvenile courts are charged with doing what is best for the child and for society. There is some difference of opinion among citizens as to whether juveniles are treated appropriately. Some believe that more juveniles should be tried as adults; others believe that since juveniles are not yet adults, adult court would be inappropriate. A 1994 amendment to the juvenile code does provide for the treatment of juvenile offenders charged with certain violent offenses as adults.

A delinquent act is an act committed by a juvenile that would be a criminal offense if committed by an adult. 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 can be subject to adult penalties. If the child is adjudicated as delinquent, the consequences include placing the juvenile on probation, incarceration for up to 60 days, or committing the child to the custody of the Department of Juvenile Justice.

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 consequences of being guilty of an unruly act include:

Releasing the child to the custody of the parent or legal guardian with no court supervision.
Placing the child on probation with certain restrictions. Committing the child to the Department of Juvenile Justice.
Detaining the juvenile at a Youth Detention Center (YDC) for up to 90 days.
Sending the juvenile to an outdoor program or boot camp.

SS8CG5 b. Describe the rights of juveniles involved in the juvenile justice system.

When a juvenile is taken into custody, he or she has several rights. The rights that are afforded to juveniles include:

The right to have a parent or guardian present before they can be questioned by authorities
The right not to have their names or photographs made public
The right to two phone calls (parent and attorney)
The right to not self-incriminate and to be counseled on what self-incrimination is
The right not to be placed with adult offenders
The right for parents to be contacted immediately

Unlike adults, in order for a juvenile to be taken into custody, the law enforcement officer must only have reasonable grounds to believe that the juvenile committed an offense.

SS8CG5 c. Explain the steps in the juvenile justice system when a juvenile is first taken into custody.

There are several steps in the juvenile justice process. These steps include:

Intake Officer - The juvenile is brought to an intake officer who decides if there is enough evidence to make a charge against them.
Release or Detained - If there is not enough evidence, the juvenile is released to their parents or guardian; if there is enough evidence against the juvenile, they are held in a youth detention center or adult prison depending on the crime. If the juvenile is detained, there must be a hearing within 72 hours to determine if proceedings should continue.
Informal Adjustment - (optional if a juvenile is a first-time offender) The juvenile must admit guilt to the judge and is under the supervision of the courts for 90 days.
Adjudicatory Hearing - The judge determines the juvenile’s guilt or innocence. Juries do not hear juvenile cases.
Disposition Hearing - The judge hears witnesses and determines the punishment for the juvenile.
Sentencing - The judge rules on the juvenile’s punishment, which can include boot camp, probation, the youth detention center, fines, and/or mandatory counseling and school attendance.
Appeal - The juvenile can appeal the ruling if there is enough evidence to prove that they were innocent.

SS8CG6 a. Explain the origins and purposes, of city, county, and special-purpose governments in Georgia.

Both county and city governments play an important role in the State of Georgia. Georgia’s 159 counties along with 535 cities and special purpose districts provide several services to the state’s citizens including education, law enforcement, and public transportation.

City Government. There are over 500 cities and towns in Georgia. Unlike other states, Georgia makes no legal distinction between a city, town, or village. This is because cities and towns are approved and incorporated by the General Assembly.

A city or town (municipality) is established by a Municipal Charter, a written document that sets up its governmental structure including the type of government, boundaries, and powers it will have. Some of the services a city may provide include police and fire protection, schools, taxes, and streets and water service.

County Government. Counties were created by a rural society that expected government to keep the records straight and to provide swift justice. To help counties administer state programs and conduct state courts, the state constitution originally created four elected county officers: the sheriff, the tax commissioner, the clerk of the superior court, and the judge of the probate court.

Due to the historically rural economy of Georgia resulting in few major cities, the county-based government system of Georgia has been a mainstay in the state. As such, Georgia has the second most counties in the United States (Texas is first). Georgia’s first eight counties were created in 1777 during the American Revolution. The 1983 Georgia Constitution set a limit for the amount of counties Georgia can have. Due to this cap, Georgia has a total of 159 counties in what is the 21st largest state in terms of land area. However, according to the New Georgia Encyclopedia, the most important benefit of having a large number of counties is that Georgia’s citizens have more representation in the state’s General Assembly. This is due to the fact that each county has at least one representative. One of the more colorful stories about why Georgia has so many counties is that the state set a limit on county size by declaring that any farmer living in the county should be able to ride by horse or mule to the county seat, conduct business, and ride back all within a day.

Today, Georgia’s counties serve several functions including providing courts of law, holding elections, building and repairing county roads, and administering welfare programs. Due to changes in the 1983 Georgia Constitution, counties can also provide services such as police and fire protection, libraries, and public transportation.

There are several positions that may be part of a county’s governmental organization. These include:

The Sheriff - an individual who is responsible for enforcing the law, maintaining the peace, and serving as the jailer for a county government.
The Tax Commissioner - an individual who is responsible for receiving tax returns, maintaining tax records, and paying taxes for a county government.
The Clerk of the Superior Court - primary record keeper for the county
The Judge of the Probate Court - an individual who oversees property deeds, marriage licenses, wills, and supervises elections in a county government.
The County Commissioner/Board of Commissioners - power to adopt ordinances, oversee the daily operations of a county’s government.

Through the years, cities and counties have had to decide on who provides services to avoid duplication of services. Some city and county governments have merged to consolidate and streamline services. Examples of consolidated city/county include Augusta - Richmond County, Athens - Clarke County, and Macon - Bibb County.

Special purpose districts are government entities created to serve a specific function for the state or community. The purpose of a special purpose district is to benefit the well-being of the people. Each of these districts is usually headed by a governing board of non-elected officials. Some examples of special purpose districts include the Metropolitan Atlanta Rapid Transit Authority (MARTA), The Georgia Ports Authority, local school systems, local housing authorities and the Hartsfield-Jackson International Airport.

***Take this link to learn more about Special-Purpose Governments: http://georgiainfo-old.galileo.usg.edu/district.htm

The following information is provided to better understand content, however, students are not responsible for this information.
There are three types of government a municipality may have. These are weak mayor council, strong mayor council, and council manager. The chart below offers more details about each of these forms of city government.