Georgia Stories
What Happens When Kids Break the Law? Juvenile Justice Explained
Special | 6m 55sVideo has Closed Captions
Uncover how Georgia’s juvenile justice system handles cases involving kids who break the law.
Uncover how Georgia’s juvenile justice system handles cases involving young people who break the law. Learn the difference between unruly and delinquent acts, how juvenile courts work, and the rights and protections minors have throughout the legal process.
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
Georgia Stories is a local public television program presented by GPB
Georgia Stories
What Happens When Kids Break the Law? Juvenile Justice Explained
Special | 6m 55sVideo has Closed Captions
Uncover how Georgia’s juvenile justice system handles cases involving young people who break the law. Learn the difference between unruly and delinquent acts, how juvenile courts work, and the rights and protections minors have throughout the legal process.
Problems playing video? | Closed Captioning Feedback
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- Let's face it, being a kid is pretty different from being an adult.
(children laughing) Kids get excited for recess.
Adults get excited for nap time.
Kids get excited for new toys.
Adults get excited for new appliances.
But the differences go beyond that.
Grownups can vote, serve on a jury, take out a loan, and make decisions that kids aren't allowed to yet.
That's because our society recognizes that young people are still learning and developing, so sometimes different laws and rules apply to them.
And while a part of growing up involves pushing boundaries, what happens if a kid pushes too far and breaks the law in Georgia?
That's when the juvenile justice system comes in.
(dramatic music) The juvenile justice system in Georgia operates through juvenile courts, which deal with cases for kids under the age of 17.
Georgia has a long history of treating young offenders, or juveniles, differently.
Back in 1905, the General Assembly created the Georgia State Reformatory to separate convicted children 16 and under from adult prisoners.
Just a few years later in 1911, Fulton County became the first in the state to create a juvenile court.
Today, every county in Georgia has one.
Georgia's juvenile courts are guided by the Juvenile Code.
While adult courts balance punishment and rehabilitation or helping offenders learn and improve their behavior, juvenile courts put a stronger emphasis on what's best for the child and for society.
Their goal is to help young people learn from their mistakes, make better choices, and stay on a positive path.
So what gets a young person in front of a juvenile court?
Offenses or unlawful actions fall into two main categories: unruly acts and delinquent acts.
Unruly acts are behaviors that would not be considered crimes if an adult did them.
These include things like skipping school, also known as truancy, breaking curfew, or leaving home without permission.
Consequences for unruly acts can include being released to a parent or guardian with no court supervision, being sent to a youth detention center for a short period of time, being assigned to programs like counseling, boot camps, or wilderness experiences, or being placed on probation.
Probation is a supervised period meant to help the juvenile follow the rules and avoid future offenses.
Delinquent acts, on the other hand, are crimes that apply to everyone regardless of age.
These acts include things like theft, arson, and forgery.
Sometimes if a crime is extremely serious, a juvenile can be tried as an adult and will have to go through the adult criminal justice system.
When that happens, a juvenile can be sentenced to years in prison.
For most delinquent acts, however, the consequences stay within the juvenile system and can include probation, short-term detention, or being placed in the custody of the Department of Juvenile Justice.
When a juvenile is taken into custody, they do have rights, some of which are similar to adults and some that are different.
Like adults, juveniles have the right to be told what charges they are facing and the right not to self-incriminate, which means they don't have to say anything that could be used against them.
They also have the right to a fair trial, the right to a lawyer, the right to question witnesses, and the right to appeal a decision, which means asking a higher court to review the case if they believe a mistake was made.
And just like adults, juveniles are protected against double jeopardy, meaning they can't be tried twice for the same crime.
But juveniles also have special protections.
For example, their legal guardians, often parents, must be notified immediately.
They have the right to have a parent or a guardian present before questioning.
Their names and photos are usually kept private.
They have the right to contact a parent and an attorney.
And they are not typically housed with adult offenders.
Another important difference?
Juveniles don't have the right to a jury trial.
That's because in most adult cases, a jury of their peers or other adults determines if a defendant is guilty or not guilty.
But because children can't serve on juries, it's not possible to have a jury of their peers decide a juvenile's responsibility.
So instead, a judge decides the case and determines whether the child is adjudicated delinquent, adjudicated unruly, or not responsible.
That word "adjudicated" is used instead of guilty to reflect the system's focus on helping rather than punishing.
There's also a difference in how juveniles are taken into custody.
Police officers only need reasonable grounds to believe a juvenile committed an offense.
That's a lower standard than probable cause, which is what's often required for adults.
So what actually happens when a young person goes through the system?
There are several steps in the juvenile justice process.
First is the intake stage.
An intake officer reviews the case and decides if there's enough evidence to move forward.
Next, the juvenile is either released to a parent or guardian or detained in a youth detention center.
If they're detained, a hearing must happen within 72 hours.
In some cases, especially for first-time offenders, the court may offer something called an informal adjustment.
This means the juvenile admits wrongdoing and is supervised by the court for about 90 days instead of going through a full trial.
If the case continues, it moves to an adjudicatory hearing where a judge decides whether the juvenile is responsible for the act.
If they are, the next step is a disposition hearing where the judge hears from witnesses and decides what consequences are appropriate.
Finally, the judge issues a sentence.
This could include probation, detention, counseling, fines, or required school attendance.
And just like adults, juveniles have the right to appeal the decision to a higher court.
Ultimately, the goal of Georgia's juvenile justice system is to balance accountability with opportunity, holding young people responsible for their actions while also helping them learn, grow, and move forward.
So if you're a young person, it's important to understand both your rights and your responsibilities, because while everyone makes mistakes, some choices can have serious consequences.
And understanding the system can help you avoid them altogether.
(dramatic music)
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