Test 3. Juvenile Law Flashcards
§15-11-1
JUVENILE COURTS
Purpose: Provide care and guidance to children in juvenile court, ideally at home, to support their well-being and ensure safety for both the child and community.
§15-11-26
Best interests of child
The court must consider all factors affecting the child’s well-being, based on their age and developmental needs.
§15-11-26
Best interests of child
What are some factors the court in the child’s best interest?
> Physical safety and welfarer of child
> Emotional ties between parents and child
> Emotional ties between child and siblings
> Stability of family
> Child’s community ties
Juveniles with exceptions, cannot be convicted of a crime (O.C.G.A 15-11-606). They have ______________, not trials.
hearings
Jueniles have specific time limit for hearings. Time-frames will differ if the juvenile is ___________________ or not.
incarcerated
§15-11-2 (20)
A juvenile that commits a crime is called a __________________.
delinquent
§15-11-2 (11)
One that commits a violation of law that is specific to juveniles (truancy, curfew) or is unruly, disobedient, or a runaway is ______________________.
Child in Need of Services
§15-11-2(12)
“_________________________”
means a delinquent act committed by a child 13 years old or older, which, if committed by an adult would consist of felony crimes.
Class A designated felony act
§15-11-2(12)
What are some examples of “Class A designated felony act?”
1) Aggravated assault
2) Aggravated battery
3) Armed robbery with firearm
4) Kidnappping
5) Attempted murder
§15-11-2(13)
“_________________________”
means a delinquent act committed by a child 13 years old or older, which, if committed by an adult would be one or more following crimes:
(a) aggravated assault
(b) arson in the second degree
(c) Attempted kidnapping
(d) battery
Class B designated felony Act
An individual that is 16 years old and under is a __________________.
juvenile
An individual that is 17 years old and older is a _________________.
adult
§15-11-2 (22)(a)(b)(c)
A _________________ child is one who has neglected or abused and is in of protection of the court; been illegally place for adoption.
dependent
According to In re Winship (1970), ______________________ _________ is the standard for juvenile proceedings.
Proof of a reasonable doubt
What did the landmark establish 1970 Supreme Court case?
Due Process Clause of the 14th Amendment requires the state to prove every element of a criminal offense beyond a reasonable doubt, even in juvenile delinquency proceedings.
O.C.G.A. 15-11-17(a) states that all hearings under the Georgia Juvenile Court Code (Chapter 11 of Title 15) are conducted by the court without a ______, and any hearing can be adjourned at the court’s discretion.
jury
For juveniles, because their cases are ____________, not trials, and cannot result in a conviction, a child is entitled to a jury (O.C.G.A 15-11-17(a).
hearing
What does O.C.G.A 15-11-50 (a) state?
Created a juvenile court in every county in the state
§15-11-10
Exclusive original jurisdiction over certain juvenile matters
_____________ court is the court overseeing juvenile court.
Juvenile
§15-11-10
Juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initating action concerning any child who is alleged to be:
a)
b)
c)
d)
a) delinquent child
b) child in need of services
c) dependent child
d) in need of treatment or commitment as a mentally ill or developmentally disabled child
§15-11-54(a)
Each juvenile court shall be assigned and attached to the _____________ court of the county for administrative purposes.
superior
§15-11-11
Concurrent Jurisdiction
The juvenile court shall have concurrent jurisdiction to hear:
(1) a child alleged to be dependent;
(2) transferred to the court by the superior court;
(3) issue of custody
(4) establishment or termination of a temporary guardianship
(5) Any criminal case
§ 15-11-560
Concurrent and original jurisdiction of superior court
(b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder;
(2) Murder in the second degree;
(3) Voluntary manslaughter;
(4) Rape;
(5) Aggravated sodomy;
(6) Aggravated child molestation;
(7) Aggravated sexual battery;
(8) Armed robbery if committed with a firearm;
(9) Aggravated assault if committed with a firearm upon a public safety officer
(10) Aggravated battery upon a public safety officer
§ 15-11-560
Concurrent and original jurisdiction of superior court
(d) At any time before _________________, the district attorney may, after investigation and for cause, decline prosecution in the superior court of a child 13 to 17 years of age
indictment
§ 15-11-66
Appointment and Salaries of Probation and Intake Officers
(a) The _______ may appoint one or more probation and intake officers.
judge
§ 15-11-2 (14)
Definitions
Legal Custodian
(A) A person to whom legal custody of a child has been given by order of a court
(B) private organization licensed to care for a child
§ 15-11-2 (41)
Definitions
Juvenile court intake officer:
A designated individual (e.g., court service worker, DJJ staff, or probation officer) who is the initial contact for juveniles and families, deciding whether a child in custody should be released or detained, and if detained, the appropriate facility.
§15-11-68
Duties of juvenile court intake officers; training
(1) receive complaints and charges of delinquency
(2) make referrals
(3) Compile case files
(4) Not liable for juveniles not taken into custody
§15-11-105
Powers and duties of guardian ad litem
(a) A guardian ad litem shall advocate for a child’s _________________ in the proceeding for which the guardian ad litem has been appointed.
best interests
§15-11-150
Authority to file petition
A DFCS employee, law enforcement officer, or anyone aware of a child’s abuse, neglect, or abandonment may file a petition alleging dependency.
In the landmark 1967 case In re Gault, the Supreme Court established that juveniles accused of crimes are entitled to the same due process rights as adults, including:
(Same procedural rights as adults)
1) Right to Due Process
2) Right to know charges
3) Right to Counsel
4) Right to Confrontation
5) RIght Against Self-Incrimination
6) Right to Appellate Review
Breed v. Jones (1975) is a significant U.S. Supreme Court case that dealt with the issue of ____________________ in the context of juvenile proceedings.
double jeopardy
What were the three court cases concerning the death penalty and juveniles?
1) Thompson v. Oklahoma (1988)
2) Stanford v. Kentucky (1989)
3) Roper v. Simmons (2005)
Concerning the death penalty and juveniles, what did Thompson v. Oklahoma (1988) prohibit?
The imposition of the death penalty on offenders who were under 16 years old
Concerning the death penalty and juveniles, what did Stanford v. Kentucky (1989) prohibit?
Death penalty for crimes committed at age 16 or 17 does not constitute cruel and unusual punishment under the Eighth Amendment.
(State decides)
Concerning the death penalty and juveniles, what did Roper v. Simmons (2005) prohibit?
The Eighth and Fourteenth Amendments forbid the execution of offenders who were younger than age 18 when the crime occurred
§15-11-17
Conduct of hearings generally
(A) All hearings under this chapter shall be conducted by the court without a _____. Any hearing may be adjourned from time to time within the discretion of the court.
jury
§15-11-511
Arraignment
(a) At arraignment, the court shall inform a child of:
1) contents of the petition alleging delinquency
2) nature of proceedings
3) possible consequences that may apply to such child’s case
4) His or her due process rights
§15-11-507
(a) All children alleged to have committed a delinquent act shall have the same right to ____ as adults.
bail
§15-11-507
Bail
(c) A court shall be authorized to release an alleged delinquent child on bail if the court finds that such child:
1) No risk of fleeing or failing to appear in court
2) No risk of danger to person, community, property
3) No risk of committing felony
4) No risk of intimidating witness/obstructing justice
§15-11-472
Delinquency case time limitations
(a) A detention hearing shall be held promptly and no later than:
(1) ____ business days after an
alleged delinquent child is
placed in preadjudication
custody if he or she is taken
into custody without an arrest
warrant
Two
§15-11-472
Delinquency case time limitations
(a) A detention hearing shall be held promptly and no later than:
(2) ____ business days after an
alleged delinquent child is
placed in preadjudication
custody if he or she is taken
into custody pursuant to an
arrest warrant.
FIve
§15-11-133
Removal of child from the home; protective custody; consideration of alternatives
(a) A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian:
(1) order of the court
(2) By a law enforcement officer if:
(a) Child is in imminent danger
of abuse or neglect
(b) Child is a victim of
trafficking (labor/ sexual
servitude
§15-11-131(a)
Temporary protective custody of child by physician without court order and without parental consent
(a) A licensed physician may take custody of a child if:
(1) A physician has ______________ to believe a child is in imminent danger to their life or health due to suspected abuse or neglect.
reasonable cause
§15-11-131(a)
Temporary protective custody of child by physician without court order and without parental consent
(a) A licensed physician may take custody of a child if:
(2) There is reasonable cause to believe a child has been abused or neglected, and no time to obtain a ______________ before removal.
court order
§15-11-630
Juvenile traffic offenses
A juvenile traffic offense consists of a violation by a child of:
1) law or local ordinance
2) Any motor vehicle traffic law if child is taken into or custody/detained
§15-11-630(d)
Juvenile traffic offenses
A juvenile traffic offense shall not be an act of delinquency unless the case is transferred to the __________________________.
delinquency calendar
In Georgia, a ____________________________ is a court schedule for juvenile cases involving delinquent acts, where minors are tried and given appropriate consequences.
delinquency calendar
§15-11-630(i)
Juvenile traffic offenses
If a child commits a juvenile traffic offense or delinquency, the court must report the outcome to the Department of Driver Services within _____ days, unless the case is dismissed or the child is reprimanded or counseled.
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