Chapter 5

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TERMS due process, jurisdiction, jury, appeal, superior court, state court, probate court, magistrate court, juvenile court, municipal court, Court of Appeals, Supreme Court, criminal law, civil law, crime, tort, plaintiff, defendant, capital felony, misdemeanor, suspect, grand jury, indictment, arraign, plea, verdict

PEOPLE chief justice

108 Georgia Studies for Georgia Students n Chapters 3 and 4, you learned that laws are enacted by the legislature and carried out by the executive branch for the benefit of the people of Georgia. The role of the judicial branch is to interpret the laws of Georgia and to ensure justice in the legal system. It makes sense to study Ithe judicial system. Georgia’s legal system provides guidelines on how to avoid trouble and settle disputes peacefully. In this chapter, you will learn about the structure of Geor- gia’s court system. You will learn more about judges and how they are chosen, and you will learn about the two kinds of courts—trial and appellate—and how they work. You will also learn that the judicial system is designed to handle cases that arise from both criminal law and civil law, and you will explore the difference between these two catego- ries. It is important to know what happens as a case makes its way through a trial, as well as what happens before and after the trial is completed. The guarantee ofdue process, which ensures fair treatment under the law, comes from the Fifth and Fourteenth amendments to the US Constitution and must be observed in all stages.

Left: The courtroom of the Supreme Court of Georgia, Georgia’s highest court of appeal, is located in the Justice Building in .

Chapter 5: Georgia’s Judicial Branch 109 Section1 Georgia’s Court System

As you read, look for: • the different types of jurisdiction, • how the court system is organized, • how judges are selected, • what kinds of cases each court handles, • terms: jurisdiction, jury, appeal, superior court, state court, probate court, magistrate court, juvenile court, municipal court, Court of Appeals, Supreme Court.

The judicial system is made up of courts that operate at several levels. The Review the authority of the court to decide a case is called jurisdiction. The level of State Court System the court within the system is based on the types of cases it can hear, in other words its ju- risdiction. There are two types of courts- trial courts and appellate courts. Trial courts have origi- nal jurisdiction, the authority to hear a case for the first time. This usually means a trial with witnesses, evidence, a judge, and a jury (citizens chosen to hear evidence in a legal case and Georgia State Courts make a decision based on that evidence). Some types of these courts handle less serious cases and do not have juries involved. Courts with appellate juris- diction can hear cases that were Above: Justice Nels S.D. Peterson decided by a court of original jurisdiction but are being appealed (taken to was appointed by Governor Nathan a higher level for rehearing). No trials are held at the appeal court level, but Deal to the Supreme Court of Georgia the justices review the lower court decisions and determine if they should effective January 1, 2017. be upheld or overruled.

110 Chapter 5: Georgia’s Judicial Branch Supreme Court of Georgia

Above: Justice Michael P. Boggs was Courts and Judges appointed to the Supreme Court of Judges in the judicial system in Georgia acquire their positions in differ- Georgia on December 7, 2016, by ent ways. Most judges in the state are elected in contests that do not involve Governor Nathan Deal. political parties (non-partisan). Judges in magistrate and probate courts rep- resent a political party when they run for a judgeship, so those are partisan races. Other judges are appointed to their positions.

Trial Courts At the top of the trial courts are the superior courts. The judges of these courts are elected to their positions for four-year terms in circuit-wide elections with no party affiliation. The judge must have been a lawyer for at least seven years, be thirty years old and a resident of the circuit of his court. Circuits may be made up of one or more counties. An area with a high popu- lation may have one county in a circuit. An area with fewer people may have several counties in a circuit. Superior courts hear cases that involve broken laws (criminal cases) as well as cases involving lawsuits such as divorce (civil cases). Serious crimes that are felonies under law are tried in these courts. State courts have limited jurisdiction within one county. Judges of state courts are elected to four-year terms in countywide elections. They do not run as members of a particular political party. They must be at least twenty- five years old, have lived in the state at least three years, and have practiced law for at least seven years. These judges hear cases of less serious crimes like most traffic violations. They can issue search warrants and arrest warrants.

Section 1: Georgia’s Court System 111 Probate courts deal with wills and estates and issue marriage licenses and licenses to carry firearms. They also have the authority to appoint -le Something gal guardians or order hospitalization for people who cannot take care of themselves. Some counties may have local ordinances that allow them to Extra! serve other functions. Each county has a probate court. In counties with a population greater than 96,000, judges must be at least thirty years old, and In 1984, the first woman have practiced law for at least seven years. In all other counties, probate court and the first African judges must be at least twenty-five years old, and be high school graduates. American were appointed In all counties, probate judges must be US citizens and have lived in the to the Georgia Court county for at least two years. of Appeals. Every county also has a magistrate court. The chief magistrate is either elected or appointed, as determined by the local laws. The chief magistrate may appoint other magistrates. This kind of judge must be at least twenty-five years of age, have a high school diploma (or its equivalent), and have lived in the county for at least one year. These courts issue warrants and hear cases of minor criminal offenses, and hear civil cases involving amounts of $15,000 or less. No jury trials are held in these courts, and some suits in these courts are handled by the parties themselves rather than lawyers.

Figure 9 Georgia’s Court System

APPELLATE JURISDICTION

Supreme Court 9 Justices

Court of Appeals 15 Judges – 5 Divisions

ORIGINAL JURISDICTION

Superior Court 49 Circuits

LIMITED JURISDICTION

State Juvenile Probate Magistrate Court Court Court Court 70 Courts 159 Courts 159 Courts 159 Courts

112 Chapter 5: Georgia’s Judicial Branch Because the state of Georgia makes a distinction between adult and youth offenders in its CONASUAGA LOOKOUT APPALACHIAN criminal justice system, there is MOUNTAIN ENOTAH MOUNTMOUNTAINAIN also a juvenile court in each CHEROKEE NORTH-EASTERN county. Juvenile court judges ROME BELL- BLUE RIDGE FORSYTH are appointed by the supe- PIEDMONT NORTHERN TALLAPOOSA rior court judges of the judicial PAULDING COBB GWINNETT WESTERN STONE circuit for four-year terms. DOUGLAS ALCOVY MTN. ALE D TOOMBS C L ATLANTA A ROCK Y They must be at least thirty TO N years old, have practiced law FLINT COWETA OCMULGEE for five years, and have lived in AUGUSTA Georgia for three years. These GRIFFIN TOTOWWALIGAALIGA courts handle cases of deprived MACON CHATTAHOOCHEE and neglected children under MIDDLE OGEECHEE DUBLIN eighteen, delinquent or unruly HOUSTON children under seventeen, and traffic violations committed by OCONEE SOUTH WESTERN EASTERN juveniles. The juvenile court CORDELE ATLANTIC can also hear cases involving petitions by juveniles to marry BRUNSWICK DOUGHERTY TIFTON or enlist in the military. In cas- PATAULA

ALAPAHA WAYCROSS es of child custody and child SOUTH GEORGIA support, juvenile courts have SOUTHERN joint jurisdiction with superior courts. Serious juvenile crimes go to superior courts. Municipal courts are those established by cities and towns to deal with traffic violations, Map 6 violations of local regulations, Superior and sometimes to hear misdemeanorMap 6cases - Judicial such as Circuits shoplifting. Municipal court judges are appointed by theClairmont mayors of Georgia their towns 2010 most of the time, Court Circuits although some communities elect051010 their judges to municipal courts. Map Skill: What counties Appellate Courts make up your Superior Court The GeorgiaCourt of Appeals is the second-ranking court in Georgia. circuit? The fifteen judges of this court have the same requirements for qualifica- tions as the Georgia Supreme Court justices. They must be residents of the state and have practiced law at least seven years. The judges choose a chief judge who serves in that role for two years. They are divided into five panels with three judges on each panel. As an appellate court, it only hears cases that are being appealed from the lower courts. The review of this court is intended to correct legal errors made at the trial level court. The panels read the transcripts of trials and the briefs that provide written arguments about the appeal. Occasionally the judges will hear oral arguments from the parties.

Section 1: Georgia’s Court System 113 Right: The Elbert P. Tuttle US Court of Appeals Building in Atlanta is the courthouse of the Eleventh Circuit. Elbert P. Tuttle was a member of the court during the civil rights era, when many important rulings were handed down.

The highest court of the state is the GeorgiaSupreme Court. In 2016, the state general assembly passed and the governor signed a new law raising the number of justices from seven to nine. To be a justice of the Supreme Something Court, a judge must be a resident of Georgia and have been admitted to the Extra! practice of law seven years. The justices on this court are elected statewide to six-year terms. They are not associated with any political party. At the Women were not allowed head of the court is the chief justice. The justices elect one of themselves to to practice law in Georgia serve as chief justice for a four year term. This court reviews decisions made courts until 1915. in lower courts. It is the only court that can rule on certain types of cases. For example, only the Supreme Court can decide cases that involve whether laws passed by the state legislature are constitutional. All criminal cases that result in a death sentence must come before the Georgia Supreme Court. The decisions of this court are final unless a federal law or the US Constitution is involved. The Supreme Court also outlines the code of judicial conduct judges of the state must follow and regulates the admission of attorneys to practice law in Georgia.

Right: Gov. Nathan Deal swore in three new justices to the Supreme Court of Georgia, December 2016.

114 Chapter 5: Georgia’s Judicial Branch Top Row (left to right): P. Harris Hines, Chief Justice; Harold D. Melton, Presiding Justice; Carol W. Hunstein, Justice. Middle Row (left to right): Robert Benham, Justice; Keith R. Blackwell, Justice; David E. Nahmias, Justice. Bottom Row (left to right): Britt C. Grant, Justice; Michael P. Boggs, Justice; Nels S.D. Peterson, Justice.

Section 1: Georgia’s Court System 115 The purpose of the judicial branch that operates through these courts Above: The courtrooms for the Georgia is to interpret the laws of Georgia. That can involve deciding if a law is in Supreme Court and Georgia Court keeping with the constitution of the state including the Bill of Rights, which of Appeals are housed in the Judicial guarantees certain rights to the citizens. It can also involve deciding how Building in downtown Atlanta. that law should be applied in the specific case that is being brought to trial. Some trial courts have juries of citizens that help make these decisions. For example, a grand jury can decide if there is enough evidence against a person accused of a crime to bring that person to court for a trial. A trial jury of twelve citizens listens to the evidence brought by the attorneys of the accused, and by the prosecutors representing the state to decide on whether the accused person is guilty or innocent. Juries may also decide who was right in a suit brought by one citizen against another. The judicial branch administers justice by deciding on the penalties the guilty will pay, which can involve payment of a fine or damages, incarceration in jail or prison, and sometimes even death. These can be very serious matters and must balance the rights of all parties involved.

Reviewing the Section 1. Define: jurisdiction, jury, appeal. 2. Why do you think judges are elected in nonpartisan elections? 3. What are Georgia’s two appellate courts?

116 Chapter 5: Georgia’s Judicial Branch Leah Ward Sears

When Leah Sears became chief justice of the Georgia Supreme Court in 2005, she was the first African American woman to serve as chief justice of any state supreme court in the United States. Before she became a judge, Sears was an attorney with an Atlanta law firm. She began her judicial career as a judge for the traffic court of the City of Atlanta. In 1988, she became a superior court judge for the Atlanta judicial circuit, the first black woman to become a trial judge at this level. Four years later, Governor appointed her to an unexpired term on the Supreme Court. At the age of thirty- six, she was the youngest justice and the first woman to serve on the high court. She served in this interim posi- tion until an election in July 1992. She won that election, becoming the first woman to win a contested statewide judicial election in Georgia. Appellate court judges rarely have contested races (meaning other candidates chal- lenge them). Sears is the daughter of a US army colonel whose Above: Leah Ward Sears became the first African American career took the family to stations throughout the woman chief justice on a supreme court in the United States. world. She was born in Heidelberg, Germany. When she was sixteen years old, the family settled in Sa- degree from the School of Law. vannah, where Sears graduated from high school. Justice Sears retired in 2009, having served four She then attended in Ithaca, New years as chief justice and a total of seventeen years York, earning a BS degree in 1976. Four years later, on Georgia’s highest appellate court. Former Chief she completed her law degree from Emory Univer- Justice Sears now practices law in Atlanta. sity in Atlanta. She also holds the master of laws

Section 1: Georgia’s Court System 117 Section2 Ensuring Justice

As you read, look for • the difference between criminal and civil law, • the difference between a felony and a misdemeanor, • terms: criminal law, civil law, crime, tort, plaintiff, defendant, capital felony, misdemeanor.

Disputes over legal rights and ques- tions of who is responsible for cor- recting wrongs are part of everyday life. In a nation that abides by the rule of law, government has a ma- jor role in settling disputes. Just as importantly, government is the only body with the power to separate convicted criminal offenders from society to prevent them from doing more harm. The judicial branch of govern- ment—at the federal, state, and local levels—uses court systems to adjudicate matters. This means that both sides of a legal argument or question of law are heard, and a decision is made—to solve the dis- agreement (in a civil case) or serve justice (in a criminal case).

Above: If you are injured in an auto- Criminal Law versus Civil Law mobile accident caused by somebody The laws of the state are divided into two categories.Criminal laws else, you can bring a lawsuit against protect society from the wrongdoing of an individual. Civil laws deal with that person in civil court for monetary the relationships between and among individuals. compensation. The money can be A crime is a serious offense, regarded as an injury to society. It is punish- claimed for medical expenses, auto- able by the state. When a crime is committed, the state—in the person of a mobile repairs or replacement, and prosecutor—will start legal action against the person who is accused of the for ”pain and suffering.” crime in a criminal court.

118 Chapter 5: Georgia’s Judicial Branch In contrast, a tort is an injury or wrong done to a person that can be compensated with the payment of money (called damages). For example, someone may have been wronged in some way that does not involve the violation of a criminal law or statute. In that case, the wronged individual is the one who must start the legal action (called a lawsuit) in a civil court. Sometimes, a single act may be both a crime and a tort. Here is an example. Suppose a driver gets distracted, goes much faster than the speed limit in a residential neighborhood, and suddenly plows into your front yard, crashing into your family’s front porch, and causing the roof to collapse. This driver would no doubt be arrested and prosecuted for speeding and reckless driving. The driver vio- lated criminal statutes and must face punishment. Your family, as owners of the property damaged in the incident, has a right of action, or a civil case, against the driver. Usually, insurance covers the cost of repairing your front porch. If it does not, your family, as plaintiffs, can sue (file a lawsuit against) the driver to recover repair costs in a civil court action. The driver is called the defendant. Felony versus Misdemeanor Crimes are sorted into categories, ranging from very serious crimes, Above: Picking a lock, or using any which carry severe punishment and are tried by a jury, to those that are less kind of force, to enter private serious and call for an appearance before a judge. property without authorization is A felony is a very serious crime. It is punishable by a prison sentence of the crime of breaking and entering. more than one year. Examples of felonies under Georgia law include arson, Without criminal intent, this is us- kidnapping, robbery, rape, burglary, selling illegal substances (drugs), and ually a misdemeanor; with criminal motor vehicle theft. A capital felony is a crime that is punishable by death. intent, it becomes burglary, a felony. Murder is a capital felony. All other crimes are misdemeanors. A misdemeanor carries a less severe punishment: one to twelve months in jail and/or a fine set by the court. Examples of misdemeanors are trespassing, shoplifting, cruelty to animals, and assault and battery (fist fights) with minor injuries.

Reviewing the Section 1. Define: tort, misdemeanor. 2. How does the court system adjudicate a crime? 3. Why is it necessary to have both civil and criminal law?

Section 2: Ensuring Justice 119 Section3 Steps in the Criminal Justice Process

As you read, look for • the three major steps in the criminal justice process, Examine the • what happens before trial, at trial, and after trial, Criminal Justice Process • terms: suspect, grand jury, indictment, arraign, plea, verdict.

Below: People who are accused of a Suppose that your school is broken into over a weekend when no one is in the crime are presumed to be innocent building. Offices are trashed and equipment (computers, digital projectors, until they are proven guilty in a court and cameras) is stolen from the library. When the break-in is discovered, of law. It is up to the state to prove police and security personnel come immediately. Crime scene investigators that they are guilty beyond a reason- examine the area carefully, collecting and recording evidence. From the able doubt, using physical evidence evidence (fingerprints and shoeprints) and from the reports of witnesses and the testimony of witnesses. (joggers on the athletic field behind the school), police officers arrest three The rights of the accused are based adult suspects (people who are thought to have committed the crime). on the presumption of innocence. What happens next? Pretrial Proceedings When the suspects are arrested, law enforcement authorities take the sus- pects into custody. Once the suspects are in custody, law enforcement authorities make an official record of the arrest and place the suspects in a holding cell. This is called booking. The suspects make a first appearance before a magistrate judge. The judge makes sure that due process (the rules established by courts to protect a per- son’s rights) is followed for each suspect. Each suspect has the right to an attorney. The charges against each suspect (bur- glary, vandalism) are explained, and the

120 Chapter 5: Georgia’s Judicial Branch judge decides whether or not to allow a suspect out on bail (money paid to ensure a suspect’s appearance in court at a later date). Next is the preliminary hearing. In this hearing, the magistrate judge determines if there was, in fact, a crime committed, and if there is probable cause (sufficient reason) to believe that each suspect committed the crime. In most cases, the case is sent to a grand jury. Thegrand jury is a group of citizens chosen from among eligible voters in a county or judicial circuit. Their job is to examine the case record and evidence that may link the accused to the crime committed. The grand jury decides whether there is sufficient evidence to charge the suspect with a crime. If it does, the grand jury issues an indictment (a formal accusation of a serious crime). Figure 10 Someone who has been indicted by the grand jury is then arraigned, called before a superior court judge who reads Pretrial Procedures the charges and allows the suspect to enter a plea of guilty or not guilty. If the plea is guilty, the next step is sentencing. 1. Arrest If the accused person agrees to plead guilty to a less serious charge, and the prosecutor agrees, there will be no trial. 2. Booking This process of negotiating is calledplea bargaining. If a 3. Initial appearance before magistrate judge suspect agrees to plea bargaining, he or she will begin to 4. Preliminary hearing serve a sentence for taking part in the crime. 5. Grand jury indictment The Trial 6. Arraignment before superior court judge If a suspect pleads not guilty, he or she becomes the de- 7. Possible plea bargaining fendant (the person who answers the charges) in a criminal trial. The trial process begins with jury selection. Twelve jurors and at least one alternate are selected to hear the case. In determining who will serve on the jury, the judge, the prosecutor, or the lawyer for the defendant may ask questions of the potential juror. This process is called voir dire. Once the jury is selected, the prosecutor and the attorney for the defen- dant speak directly to the jury and state what they expect to prove. These are called the opening statements. Next is the presentation of evidence. The prosecutor (the attorney for the state) goes first. Most of the evidence is pre- sented by witnesses who testify under oath. This means that they tell the court what they observed. In our burglary case, crime scene investigators would describe what they found. Joggers from the athletic field would tell the court what they saw at the approximate time of the burglary. The judge then calls upon the defense attorney to cross-examine (question) the witnesses. The defense attorney may call witnesses to argue, for example, that the burglary did not take place at the time identified by the police or that the defendant could not be positively linked to the crime. Once all of the witnesses have testified and been cross-examined, the defense attorney and the prosecutor make closing statements (or final arguments) to the jury.

Section 3: Steps in the Criminal Justice Process 121 Next, the judge will instruct the jurors and point out the question they must decide. Instructions will include information about the state law that applies to the case in hand—in our case, a definition of burglary and destruc- tion of property. The jurors then deliberate (discuss among themselves) the case and reach a verdict (decision). If the verdict is guilty, the judge proceeds with sentencing (the Figure 11 length of time to be served in prison) and sets the amount of any fines or restitution (payment for damages). If the verdict is not Trial Procedures guilty, the defendant is free to go.

1. Jury selection The Appeal There are several actions that can take place after a trial. If the 2. Opening statements defendant was found guilty by the jury, his or her lawyer may 3. Presentation of evidence and file a motion for a new trial. This motion is usually not granted cross-examination of witnesses except in unusual circumstances. The defense attorney can then 4. Closing statements file a notice of appeal to the appellate court and give reasons why the case should be reviewed. As you learned earlier, the appellate 5. Jury deliberation and verdict court does not conduct a trial; it examines the trial record for 6. Sentencing errors. If the appellate court overturns the verdict (reverses the previous decision), the case goes back to superior court. If the court upholds the guilty verdict, the sentence (prison term and restitution) is carried out.

Reviewing the Section 1. Define: indictment, arraign, plea, verdict. 2. What are the three major steps in the criminal justice system? 3. Why is the process of voir dire so important?

122 Chapter 5: Georgia’s Judicial Branch Jury Duty

When you become eighteen, you may register to the trial and the recesses (rest breaks), jurors may vote. At that time, you will also be eligible to be not talk about the case with one another or with called for jury duty. By serving on a jury, you have any other persons, including relatives and friends. a role to play in the justice system. As you learned, Jurors cannot do any research or investigation on a jury is responsible for carefully sorting out and their own. They also must not accept any favor from determining the facts in a given case and reaching anyone connected with the trial. This is important a verdict based upon those facts. Being a juror is a because a juror cannot allow anything or anyone to serious responsibility. jeopardize his or her responsibility to be impartial A juror may serve on a civil case or a criminal case. and open-minded. A panel (group) of people are called to the court- After final arguments, the judge charges (in- house to serve as jurors. The judge or the lawyers structs) the jurors about the questions they are to for the parties (plaintiff and defendant) may ask decide and the law that applies to the case. The jury questions of the panel. For example, a potential juror then retires (goes) to a separate room may be asked if he or she is related to the defendant to deliberate. Their first task is to or if the juror has already formed an opinion about select a foreman or fore- the defendant’s guilt or innocence. If so, that juror woman who acts will be excused and another substi- as the chair- tuted. Through this process, a person. The panel of a certain number jurors then of qualified persons is discuss the chosen—24, 30, or 42 case, decide the depending on the type facts based on of case. the evidence presented, and Selecting a 12-per- then apply the law as charged by son jury from the panel the judge. Jurors take a formal vote members is known as in which each juror states his or her “striking the jury.” Attor- opinion as to what the verdict should neys for the plaintiff and the be. The law requires that the final deci- defendant take turns “striking” sion—the verdict—be unanimous (every- names from the panel until they reach the one must agree). The jury sends word to the correct number. The remaining jurors make up judge that it has reached a verdict, and the the jury that will decide the case. judge reconvenes the court in order to hear When the trial begins, evidence is pre- the outcome. If a defendant is found guilty in a sented, witnesses are questioned, and argu- felony or a misdemeanor case, the judge sets the ments are made by the lawyers. During sentence, usually in a separate hearing.

Section 3: Steps in the Criminal Justice Process 123 Self-check Quiz

Chapter Summary Section 2 Ensuring Justice • The role of the judicial branch is to interpret Section 1 Georgia’s Court System the laws of Georgia and to ensure justice in • Courts in Georgia have either original jurisdic- the legal system. Due process ensures fair tion (able to hear a case in the “first instance”), treatment under the law and must be observed limited jurisdiction (handle less severe cases or in all stages. those with specific issues), or appellate jurisdic- • Criminal laws protect society from the wrong- tion (able to review the decisions of lower trial doing of an individual. Civil laws deal with the courts). relationships between and among individuals. • Most of Georgia’s judges and justices are • A crime is a serious offense against society and elected to a specific term. Some lower court as- punishable by the state. A tort is an injury sociate positions are appointed. or wrong done to a person that can be • The superior court has original jurisdiction and compensated with the payment of money. is the major trial court in the state. • A felony is a very serious crime punishable by a • Courts with limited jurisdiction generally hear prison sentence of more than one year. Felo- less serious cases. These courts include: (a) state nies include arson, kidnapping, robbery, rape, courts, which hear misdemeanor cases and burglary, selling illegal substances (drugs), and some civil cases; (b) probate courts, which han- motor vehicle theft. A capital felony is a crime dle the estates of deceased persons and issue punishable by death. Murder is a capital felony. marriage licenses and licenses to carry firearms; • All other crimes are misdemeanors and carry a (c) magistrate courts, which issue minor war- less severe punishment: one to twelve months rants, and hear minor criminal offenses, and civ- in jail and/or the payment of a fine set by the il claims involving amounts of $15,000 or less; court. and (d) juvenile courts, which handle all cases involving deprived and neglected children, Section 3 Steps in the Criminal delinquent and unruly offenses committed by Justice Process children, and traffic violations committed by • There are three main steps in the criminal juveniles. justice process: pretrial proceedings, the trial, • Municipal courts are established by cities and and the appeal process. towns to handle such cases as traffic offenses • During pretrial proceedings, a suspect is and violations of local regulations. arrested, taken into custody, and booked. The • The Court of Appeals is an appellate court for suspect appears before a magistrate judge who many civil and criminal cases. ensures that due process is followed for • The Supreme Court is the state’s highest court. all suspects. It reviews decisions made by a trial court judge • In the preliminary hearing, the magistrate or by the Court of Appeals. judge determines if a crime was committed, and if there is probable cause that the sus-

124 Chapter 5: Georgia’s Judicial Branch Internet Activity pect committed the crime. In felony cases, the case is sent to a grand jury for indictment. Writing across the Curriculum • If indicted, the suspect is arraigned before a superior court judge, who reads the charges 1. Write a paper that compares the selection and allows the suspect to enter a plea. process for Georgia Supreme Court justices and • The trial process begins with jury selection. the governor. Highlight similarities and differ- During the trial, opening arguments are made, ences of these two important offices. evidence is presented, witnesses are 2. In many criminal cases, a jury of 12 “peers” for questioned and cross-examined, and final the defendant determine guilt or innocence. arguments are made. The judge instructs Imagine that you are tasked to modify this jury the jurors, and the jurors deliberate until they system. Think of what you might change and reach a verdict. write a persuasive essay to support your idea. • If the defendant is found guilty, his or her lawyer may file a motion for a new trial or Extending Reading Skills appeal the verdict to the appellate court. The appellate court examines the trial record for Draw a Venn diagram on a separate sheet of paper. errors; if the court reverses the decision, the Label one circle “Criminal Law” and the other circle case goes back to superior court. “Civil Law.” Read pages 118-119 and record ways in which these two types of law are different in the two circles. Where the circles intersect, record how Activities for Learning the two types of law are alike.

Understanding the Facts Exploring Technology

1. Definecriminal court and civil court. List a few Research the current Georgia Supreme Court jus- of the different types of cases each court might tices. Compare their education and backgrounds. hear. How long have they served as justices? 2. Defineappellate jurisdiction. What types of Georgia courts have this jurisdiction? Practicing Your Skills 3. List the kinds of court cases where the Georgia Supreme Court has exclusive jurisdiction. Read your local newspaper and identify the Why do you think these types of cases were different kinds of court cases that are mentioned. specifically chosen for this level of attention? Evaluate the case as it is described, based on 4. Explain the jury selection process in your own evidence, witnesses, and the decision of the judge words. or jury. Think about what court the case would go to if the verdict is appealed.

Developing Critical Thinking

The US Constitution gives defendants the right to #1 Word Jumble - a speedy trial and to be judged by a group of their FLASH version peers (a jury). Review the Bill of Rights and look for references to courts. Evaluate how the Georgia PLACES Crossword-FLASH Crossword-PDF #2 court system complies with the US Constitution. Word Jumble - FLASH version

PLACES Crossword-FLASH Crossword-PDF Word Jumble - PDF version Chapter Review 125

PLACES Crossword-FLASH Crossword-PDF