Juvenile Justice in Georgia

Juvenile Justice in Georgia - Juvenile Juvenile Justice In...

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Unformatted text preview: Juvenile Juvenile Justice In Georgia The School Safety and Juvenile Justice Reform Act Act of 1994 _____ A Series of Interactive Sessions For Youth Education Juvenile Juvenile Court Purpose: Purpose: Juvenile Courts in Georgia were established for the following reasons: Protection; Protection; Supervision; Supervision; Treatment; Treatment; and Rehabilitation Rehabilitation of Georgia’s “Children In Need” THE THE SCHOOL SAFETY AND JUVENILE JUSTICE ACT OF 1994 Is Is a law enacted by the Georgia Legislature that recognizes certain rights to which all Georgia students are entitled, and prescribes the means for enforcing those rights (HB 440); It It drastically changed juvenile law by allowing young persons, 13 to 17 years of age, to be prosecuted in Superior Court for certain crimes, and, if found guilty, to be sentenced as if they were adults. With With certain exceptions, juveniles found delinquent could only have been sentenced to up to 18 months in a Juvenile Detention facility. Student Student Rights Young Young persons attending Public and Private School in Georgia are entitled to: A safe & secure learning environment; safe This This extends to all School Property (i.e. Buses; Bus Stops, etc.) Have Have input in the preparation of their school’s Safety Plan; School School Safety Zones A School Safety Zone includes: School All All property in or within 1,000 feet of the school; Certain Certain activities are prohibited within School Safety Zones; Punishment Punishment for violators is severe; The The laws regarding School Safety Zones are enforced 24/7! School School Safety Zones are never closed! Prohibited Prohibited Activities 1. Carrying, possessing, or controlling any WEAPON WEAPON (on school property, in a school safety zone, on a school vehicle); 2. 2. Weapons Include: pistol, revolver (missile propellant), propellant), dirk, bowie knife, switchblade, ballistic knife (3” or more), straight-edge razor, straightspring stick, metal knucks, blackjack, flailing instrument or fighting chain (nun-chuck), (nunthrowing star, oriental dart, stun gun, tazer. Zero Zero Tolerance Most Most schools now have a “Zero Tolerance” Policy regarding Weapons: No No Exceptions; No Excuses. Rationale: Even a weapon possessed without any intent to harm could still fall into the hands of a violent person and thus threaten the lives and safety of innocent students. Punishment Punishment Adults Adults convicted of committing certain crimes within School Safety Zones may be imprisoned from 2 to 10 years; Juveniles Juveniles adjudicated delinquent for having committing crimes within School Safety Zones will be subject to disposition under the “Designated Felony Act”. Illegal Illegal Drugs Illegal Illegal Drugs on School Property or within a School Safety Zone are prosecuted as Felonies; Even Even if possession of the substance would otherwise be a misdemeanor outside the School Safety Zone (i.e. less than an ounce of marijuana). Trespassers Trespassers It It is unlawful for any person to remain upon School property, or within a School Safety Zone unless that person has a legitimate legitimate cause or need to be there. This This includes persons on out-of-school out-ofsuspension! Disrupting Disrupting Public School It It is unlawful for any person to disrupt or interfere with the operation of any Public School. This This could include any activity that disrupts the normal functioning of the school, even causing a commotion in the hallway or in the lunchroom. Violent Violent Crimes Violent Violent crimes committed within School Safety Zones carry Mandatory Minimum Mandatory Sentences: Aggravated Aggravated Battery, for example, which is ordinarily punishable, at the discretion of the Sentencing Judge, anywhere from 1 to 20 years, carries a Mandatory Minimum Mandatory Sentence of 5 Years, and not one day less. Mandatory Mandatory Reporting School School Officials must Report the following activities whenever they happen on School Property or at or during School functions: 1. 2. 3. 4. 5. 6. 7. Aggravated Assault; Aggravated Battery; Sexual Offenses; Carrying Deadly Weapons at Public Gatherings; Carrying weapons on school property, at school functions, or within School Safety Zones; Possession of a pistol or revolver by a juvenile; Possession or other activities involving illegal drugs. School School Searches: Desks & Lockers Even Even though the Fourth Amendment to the U.S. Constitution prohibits unreasonable Searches & Seizures by Government officials, the U.S. Supreme Court has ruled that School officials may may either consent to, or conduct, searches of student student desks and lockers by police. Generally Generally there is a “reasonable expectation of privacy” which the Fourth Amendment protects by prohibiting searches without a search warrant. Consent Consent To Search The The U.S. Supreme Court has held that School Officials may stand “In Loco Parentis” (in the place of the parent) for the the purpose of consenting to searches of student student desks and lockers. Evidence Evidence found in such searches may be used against a student in school disciplinary proceedings and in court. Drug Drug Screens The The U.S. Supreme Court has also ruled that Student Athletes are required to submit themselves for random drug screens. screens. Urinalyses Urinalyses is the most common form of student athlete screening for illegal drug use. Seven Seven Deadly Sins The The Superior Courts of Georgia now have exclusive jurisdiction over juveniles age 13 to 17 alleged to have committed the following crimes: 1. 2. 3. 4. 5. 6. 7. Murder; Voluntary Manslaughter; Rape; Aggravated Sodomy; Aggravated Child Molestation; Aggravated Sexual Battery; Armed Robbery with a Firearm. Sentencing Sentencing If convicted, of Armed Robbery, Rape, If Aggravated Sodomy, Aggravated Child Molestation, or Aggravated Battery, the Mandatory Mandatory Minimum Sentence is 10 Years. Every Every day of the sentence must be served in prison without any opportunity for parole. Either the District Attorney or the Superior Court can Either transfer a case to the Juvenile Court, but only for extraordinary reasons. Specific Specific Crimes & Examples CATEGORIES INCLUDE: The The Seven Deadly Sins; Designated Designated Felonies; Felonies; Felonies; Misdemeanors; Misdemeanors; and Status Status Offenses. Seven Seven Deadly Sins These are the most serious crimes which both juveniles and adults can commit. Murder; Murder; Rape; Rape; Voluntary Voluntary Manslaughter; Aggravated Aggravated Child Molestation; Aggravated Aggravated Sexual Battery; Aggravated Aggravated Sodomy; Armed Armed Robbery with a Firearm. Designated Designated Felonies These are handled by the Juvenile Court. Each of these could result in detention for one (1) to five (5) years. Aggravated Aggravated Assault; Aggravated Aggravated Battery; Battery Battery on School Personnel; Carrying Carrying a Weapon at School or School Function; Hijacking Hijacking a Motor Vehicle; Kidnapping. Kidnapping. Felonies Felonies Serious crimes that may result in immediate detention. A fourth Felony will become a designated Felony charge. Burglary; Burglary; Child Child Molestation; Criminal Criminal Damage to Property (1st Degree); Criminal Criminal Damage to Property (2nd Degree); Dog Dog Fighting; Interference Interference with Government Property; Possession Possession of Illegal Drugs In, On, or Near School Property. Misdemeanors Misdemeanors Less serious crimes, but can still result in detention if the child’s attitude is poor, is currently on probation, or s/he has a history of delinquent acts. Affray; Affray; Battery; Battery; Criminal Criminal Trespass; Damaging Damaging Mailboxes and Mail; Disorderly Disorderly Conduct; Disrupting Disrupting Public School; Hazing; Hazing; Hoax Hoax Devices; Obstruction Obstruction of a Police Officer; Possession Possession of Alcohol by a Person Under 21; Possession Possession of Tobacco by a Minor; Status Status Offenses These are acts that, if committed by an adult, would not be considered crimes. Curfew Curfew Violation; Minor Minor Traffic Offenses The The End Thank You! ...
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