CG5 Study Guide - Juvenile Justice

- Delinquent: a juvenile that commits an act that, if committed by an adult, would be a crime.
- Example of delinquent behavior: murder, stealing/theft, fighting (assault), possession of drugs, etc.
- Unruly: a juvenile that commits an act that only pertains to children.
- Status offender → unruly juvenile
- Examples of unruly behavior: truancy (skipping school), running away from home, continually
disobedient to reasonable and lawful rules of a parent, loitering in public places between 12 AM to 5
AM
- The focus of the juvenile justice system is rehabilitation.
- Juvenile courts have jurisdiction over cases involving children under 17 years of age or children under
18 who do not have a parent or guardian
- In Georgia, juvenile courts may stand alone or are part of the superior court system.
- The rights of a juvenile include:
- Notified of your rights and told what the charges are (parents are notified)
- Have an attorney and parents present when questioned by the police
- To be held away from adult offenders
- To remain silent and not to testify against yourself
- To be represented by an attorney at trial
- To confront and cross-examine witnesses
- To appeal the decision
- Juvenile terminology (phrasing) is different than adult:
- Juveniles may be found “delinquent” → adults are found “guilty”
- Juveniles are taken into custody → adults are arrested
- Juveniles are assigned to supervision → adults are put on parole
- Juveniles go to detention centers → adults go to jail
- Steps in the Juvenile Justice System
1. The juvenile is taken into custody by police. Parents/guardians will be contacted.
2. The juvenile is taken to a juvenile detention facility or released to the custody of his or
her parents or guardian.
3. An intake officer investigates the case and decides if there is enough evidence to
support the charges made against the juvenile. Based on that, the juvenile may be
released, go to an informal hearing or go to a formal hearing.
a. If a formal hearing is recommended, a judge will review the case and if they
agree, sign a petition to schedule a formal hearing.
4. A. Informal Hearing: May move to an informal hearing if the juvenile admits guilt and
the act isn’t too serious, or a 1st-time offender. The judge may order the juvenile to
perform community service, pay for any damage, write an essay, go to counseling or
follow other rules.
4. B. Formal Hearing: Adjudicatory hearing (trial): Judge listens to evidence and
determines if the juvenile is delinquent (guilty). Disposition (sentencing): If found
delinquent (guilty), the judge decides on a sentence; could be the same as the informal
hearing, probation, or placement in YDC.
5. The Juvenile has a right to appeal the decision of a formal hearing and have the case
reviewed.