© 2005 Clairmont Press

You know the drill

• Bathroom• Pencil • No Cell Phones• Book To Read• Be SEATED (Josh, Javi, B.J., Sameer,

Sam(s)..this includes you)

Georgia’s Executive and Legislative

Branches of Government

Legislative Branch• GA’s Legislative Branch is known as the

General Assembly.• The General Assembly is bicameral, or two

houses:– The House of Representatives (with 180

representatives) and the Senate (56 Senators).• Senators must be at least 25 years old and

citizens of the US. • Representatives must be at least 21 years

old. • Representatives and Senators must be a

legal resident of the district they represent and a resident of GA for two years. `

Duties for Both

• Most important duties are:– making GA’s laws – passing GA’s budget

• Each serve a term for 2 years

Legislative Branch• General Assembly Leadership:

– The Lieutenant Governor presides over (leads) Georgia’s Senate

– Members of the House of Representatives elect a representative to lead them, known as the Speaker of the House.

• Examples of powers of the presiding officer:– Determine the order of business– Control debates– Rule out proposed amendments to bills– Enforce rules of procedure for the General

Assembly– Control meeting times and recesses– Order a roll call vote on any issue

Committee System• Each member of the General Assembly is responsible

for serving on at least two or three committees.• Committees can create, change, kill, or amend

legislation.• House of Reps has 36 standing committees• Senate had 26 standing committees. • Four types

– Standing- permanent– Ad Hoc – Created for special purpose – Joint- combined House and Senate – Conference- compromise on the differences of a bill.

Legislative Process• 5 Steps for a Bill to become a Law:

– Drafting – Legislators write the text of the bill (proposed law).

– Introduction – The bill is introduced to either the Senate or House of Representatives for discussion.

– Committee Consideration – The bill is assigned to a committee that studies the bill. The bill may be engrossed, killed or amended)

– Floor Consideration – A vote is called during a regular session. If the bill is passed in one house, it goes to the other house for consideration.

– Governor Consideration – Once both houses pass the bill it is sent to the governor. The governor can then sign the bill into law or veto the bill (send it back to the General Assembly to be changed or rewritten).

Georgia Stories

• http://www.gpb.org/georgiastories/story/legislative_process

• Bill becomes a lawhttp://www.gpb.org/georgiastories/stories/moment_of_silence

Executive Branch• GA’s Executive Branch is made up of many different

offices and departments. • The Executive Branch is the largest of the three

branches in Georgia. • The governor is the leader of the Executive Branch. • The governor and lieutenant governor both have to

be at least 30 years old, US citizens for at least 15 years, and a GA resident for at least 6 years.

• Elections for Governor and Lt. Governor are held every four years, and both serve for a term of four years.– The governor may run for and serve a second

term, no more than 8 consecutive years. – There is no limit on number of terms a lieutenant

governor may serve.

Duties • Most important duties of the governor are:

– Oversees the executive branch – Chief law enforcement officer – Commander in chief of state’s military – Proposes annual budget – Recommends new laws– Can call special sessions – Spokesperson for the state

• Most important duties of the lieutenant governor:– Acts as the state’s chief executive when the

governor is out of state. – Presides over the Senate.

Executive Branch• In addition to the governor and lieutenant

governor, there are a large number of other agencies and leadership officials. Some of these leaders are elected while others are appointed by the Governor or other agency leaders.

Elected Appointed

State Attorney GeneralCommissioner of Agriculture

Commissioner of LaborCommissioner or Insurance

Public Service CommissionersSecretary of State

State School Superintendent

Chief Drug InspectorState Boards of Pardons and

ParolesBoard of Natural Resources

State Personnel BoardBoard of Human Resources

Board of Public Safety

State Agencies • The executive branch fulfills its roles through state

agencies that administer programs and enforce laws.

• Georgia Department of Education: is responsible for overseeing all facets of public education in Georgia. They ensure that “education-related” laws are obeyed and funds are allocated properly.

• The Department of Public Safety: Under the direct supervision of the Governor and is made up of Georgia Highway Patrol, the Capitol Police, and Motor Carrier Compliance Commission.

• The Georgia Department of Transportation: responsible for planning and maintaining Georgia’s roads and highways.

State Agencies• The Georgia Department of Economic Development:

responsible for bringing economic development to the state. According to its website, “It markets Georgia to the world by encouraging investment, and trade and attracting tourists to Georgia.”

• The Georgia Department of Natural Resources: created to administer and enforce laws passed by the General Assembly that relate to Georgia's natural resources: primarily its rivers and lakes.

Georgia Court System

Elected by GA Voters6 Year Terms

Elected by GA Voters6 Year Terms

Elected by GA Voters4 Year Terms

Elected4 Year Terms

Elected4 Year Terms

Appointed by Judges4 Year Terms

Elected4 Year Terms

Responsibilities of the Courts

• Supreme– Reviews decisions

made in civil or criminal cases

– Determines if laws are constitutional

– Challenges elections

– Death sentences

• Court of Appeals– Reviews civil and

criminal cases heard by trial courts

• Superior Court:– Civil trials – Criminal trials – Felony trials – Divorce Cases– Land Titles

Responsibilities of the Courts

• State: – Misdemeanors– Preliminary criminal case hearings – Civil cases – Can issue search warrants

• Juvenile:– Delinquent and unruly offenses by children under

17 – Deprived and neglect children under 18 – Minors seeking permission to marry or join military

Responsibilities of the Courts

• Probate: – Wills and estates– Marriage and Firearm License – Appointing legal guardians– Traffic Violation– Fish and Game Law Violations

• Magistrate:– Issues Warrants – Minor Criminal Cases – Civil Disputes– Search/arrest warrants

Criminal Law vs Civil Law

Criminal Law • Laws created to protect

society from wrong-doers (people who break laws)

• Punishable with fines, community services, prison, or even death

Civil Law

• Laws created to deal with relationships amongst people.

• Usually involves compensation from one individual or group to another based on injury or wrong doing.

• Tort- civil wrong doing against an individual.

Can a person be charged with

both criminal and civil wrong doing

for the same

action? Explain.

Adult Justice System – Civil Cases

• Plaintiff – files a complaint about a person who has done something wrong to them.

• The Defendant is the person accused of wrong doing.

• If the Plaintiff wins, the Defendant may have to pay compensation(money) or return property to the Plaintiff.

• People’s Court, Judge Judy, Judge Joe Brown.

Conflict Resolution

• Many civil cases are settled out of court. • The two sides in a conflict often resolve

their issues without lawyers or judges. They may negotiate themselves or use a mediator.

• Mediator – A third person who has no interest in the problem. Helps the two sides in a conflict come to an agreement or resolution.

Adult Criminal Justice Process

• Jury selection:12 citizens are selected • Opening statements: Attorney speak directly to the jury explaining

what they intend to prove • Presentation of Evidence/Cross-Examination of Witnesses-

Witnesses are called to give testimony. • Closing Statements- Final arguments of the in the case • Jury Deliberation and Verdict- jury discusses the case amongst

themselves in order to come up with the final verdict. • Sentencing- If found guilty, the judge sentences the defendant • Appeal- If the defendant maintains his/her innocence, or if mistakes

were made in court, the defendant can make an appeal where the appellate court will review the case. If they overturn the ruling, the case goes back to the Superior Court for a new trial.

Trial

Adult Justice System – Criminal Cases

• In a Criminal Case the government claims that a person or group has committed a crime (breaking the law).

• The Government, or in this case the Prosecutor, provides evidence that Defendant(the accused) has broken the law.

• If the defendant is found guilty, they can be punished. • Misdemeanors- Crimes for which the punishment is less

than one year in jail.• Felonies - Crimes for which the punishment is one year or

more.• Capital Crimes - felonies that can be punishable by

death. In Georgia, this includes murder, kidnapping w/ bodily injury, aircraft hijacking, and treason.

Adult Criminal Justice Process

• Arrest- enough evidence to take into custody • Booking- law enforcement makes an official arrest report• Initial Appearance- suspect appears before a judge to have charges

explained and bail determined (possible release)• Preliminary hearing- court determines if there was a crime committed

and probable cause of the suspects involvement. • Grand Jury Indictment- Grand jury examines the evidence in order to

determine if the suspect should be charged with a crime. If so, they issue an indictment.

• Assignment (arraignment) before Superior Court- The suspect officially states guilty or not guilty.

• Admitting Guilt/Plea Bargaining- If pleading guilty, the case does not go to trial. The suspect may get a lesser sentence if admitting guilty to a lesser offence.

Pretrial

IS it Civil, Criminal, or Both1. Janice goes to court to divorce her husband, Joe.  2. Justin sues his wife, April, for custody of their 5 year-old son.  3. Ronald is on trial for robbing a bank.  4. Susan gets arrested for Driving While Intoxicated and must go to trial.  5. Terry and Nathan bought a condo together. Nathan spent money to repair a broken hot water heater. Terry won’t pay half of the cost, so Nathan sues him.  6. Ralph is accused of stabbing a man during a bar fight and must go to trial for assault.  7. Francine must go to court for failing to stop at a stop sign. 8. Brenda must go to court on charges of sexual assault.  9. Joey must go to court for having his car stereo playing too loud. 10. Brenda is going to court to force Carrie to pay for her broken arm in a motor vehicle accident. 11. Grant is in court for spray painting gang signs on a highway overpass. 12. Rhonda is in court because her grandfather has been admitted to a mental health institution at her mother’s request. 13. Fred is in court because he has failed to pay child support for the last 3 months. 14. Frieda is in court to settle the estate of her great-uncle. 5. Herb is in court for

taking $3117 worth of electronics from his work.

Counties and Cities

Counties of Georgia • 159, the 2nd most in the

U.S. • Allows citizens more

representation in the General Assembly

• Positions in County Gov. – Sheriff– Tax Commissioner – Clerk of Superior Court – Judge of Probate Court – County Commissioner

Cities • Over 500 cities in Ga. • No difference between a

city and a town• A city is established by a

Municipal Charter• Cities can offer:

– Police and fire– Schools – Taxes – Streets– Water service

Three Forms of City Government

Type Powers of the Mayor Powers of the Council

Weak Mayor -Mayor shares duties with the council-”figure head”

-Day to day operations -Appoint council committees-Develop city budget -Confirm and fire department heads

Strong Mayor -CEO -Day to day operations -City Budget -Make Appointments Veto legislation passed by the city council

-Adopt ordinances and resolutions -Overrides Mayor’s veto

Council Manager -Ceremonial. All day to day operations are conducted by the City Manager

-Set city’s policy -Hires city manager

Special Purpose Districts • What are they?

– Government entities created to serve a specific function for the state.

• What is their purpose?– To benefit the well-being of the people

• Examples– MARTA – Georgia Ports Authority – School Systems – Housing Authorities – Hartsfield-Jackson International Airport

Juvenile Justice 1. Three laws that juveniles must follow that do not apply to adults:

– Attend school until 16 – Cannot run away from home – Cannot possess alcohol or tobacco – May not hang around public places past 12 am

through 5:00 am– Cannot enter bars where alcohol is sold without

and adult – Obey all reasonable commands of parents or

guardians.

Juvenile Justice

2. What are the three main purposes of Juvenile Courts – Protect well being of children – Make sure the child receives the care, guidance, and

control needed – Provide care for children who have been removed from

their homes

3. What is a delinquent act?– An act that would be considered a crime if committed

by an adult.

4. What is a status offence (aka unruly act)?– An act that would not be considered a crime if committed by an

adult.

Juvenile Justice 5. Explain the steps in the Juvenile Justice Process: • Intake Officer: decides if there is enough evidence to make a charge. • Release/Detain: If not enough evidence, they can be released to their

guardian; if there is enough evidence they will be detained at a youth detention center . Hearing must be within 72 hours.

• Informal Adjustment: (first time offense) juvenile must admit guilt and is supervised by courts for 90 days

• Adjudicatory Hearing: the judge determines the juvenile’s guilt or innocence. Juries do not hear juvenile cases

• Disposition Hearing: 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, 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.

Flashback to a time not so long ago and ……

© 2005 Clairmont Press

Meet Justin. Justin is about to make a big

mistake. Let’s follow him through the juvenile justice process.

One day Justin was walking down the street and saw a nice shiny new car. He thought to himself: “Nobody’s looking, I’m taking this thing!”

Justin slid behind the wheel and took off. Unfortunately he could not see over the steering wheel and crashed into a Yogli Mogli. The police immediately took him into custody. This was not good.

After Justin was taken into custody , the intake officer had to decide ____________________ Since he was found behind the wheel the intake officer decided to charge him.

if there was enough evidence to charge him

The intake officer has the choice to either ______________________________or _______________________________ .

release him to his parents

detain him

Unfortunately the intake officer detained Justin at the Regional Youth Detention Center. While in custody the Judge has the choice to either:

1.

2.

3.Formal HearingInformal AdjustmentDismiss the case

Since Justin’s crime caused so much damage he was given a formal hearing. This takes place in two steps. The ______________ and The __________________ .

Adjudicatory Hearing

Dispositional Hearing

Justin was found guilty and sentenced to a year of probation and 500 hours of community service. Justin was not happy.

Justin had the right to _______, but decided to do his community service instead and stick to his bike from now on.

appeal

Juvenile Justice 6. How are juvenile guilty of violating Georgia’s “Seven Deadly

Sins” law treated differently than other juvenile offenders? – Due to increased violent crimes in youth, an amendment was pass in 1994

that allows youth who are charged with certain violent crimes to be treated as adults with a mandatory 10 year sentence.

7. Even though schools can legally manage the in-school environment, students still have rights such as:

– Rights against unreasonable searches and seizures

8. Even though all children in Georgia have the right to a free

public education, they also have the following responsibilities: – Must attend school between the ages of 6 and 16– Must follow reasonable rules and regulations, behavior codes, and dress

codes– Work with school officials to prevent disruptions and violence.

Juvenile Crime

• Seven most serious Delinquent behaviors:1. Murder

2. Voluntary manslaughter

3. Rape

4. Aggravated sodomy

5. Aggravated child molestation

6. Aggravated sexual battery

7. Armed robbery with a firearm

Answer Choice for pg 166• Senate• Probate• Board of Regent • Department of Natural Resources• House of Reps • Secretary of State• Juvenile Court • District Attorney • Governor • State Supreme Court • Department of Revenue • Department of Agriculture