COURT SYSTEM 101

UNDERSTANDING THE PROCESS AND TERMINOLOGY OF COURT PROCEEDINGS

COURT STRUCTURE

  • Courts are divided into different levels and jurisdictions based on the nature of cases they handle.

Superior Court

  • Types of Cases:

    • Felony Crimes

    • Death Penalty

    • Divorce/Child Custody Suits

    • Civil Suits

    • Temporary Protective Orders (TPOs)

  • Trial Format: 12-person jury or bench trial

State Court

  • Types of Cases:

    • Misdemeanor Crimes

    • Civil Suits

  • Trial Format: 6-person jury or bench trial

Juvenile Court

  • Types of Cases:

    • Private Deprivations

    • DFCS (Department of Family and Children Services) Deprivations

    • Juvenile Offender Criminal Cases

  • Trial Format: No juries; only bench trial

  • Certain crimes allow juveniles to be charged as adults.

Magistrate Court

  • Types of Cases:

    • Small Claims

    • County Ordinances

    • Warrant Applications

    • First Appearance Committal Hearings

Probate Court

  • Types of Cases:

    • Civil Commitments

    • Guardianships

    • Wills

City/Municipal Court

  • Types of Cases:

    • Traffic violations

    • City Ordinances

CRIMINAL PROCESS

Investigation

  • Various agencies are involved in the investigation:

    • Police/Law Enforcement

    • FBI (Federal Bureau of Investigation) – Handles federal investigations.

    • GBI (Georgia Bureau of Investigation) – Handles statewide investigations.

    • Local Police/Sheriff’s Department – Handles county investigations.

  • DFCS employees are not criminal investigators.

Initial Charging Decisions

  • Warrant Application: A magistrate judge signs if there is probable cause that a crime occurred.

  • Private warrants may be sought.

  • Immediate arrest occurs if the crime is witnessed by a police officer.

POST ARREST PROCEDURES

First Appearance Hearing

  • Purpose: To set a bond for a bondable offense.

  • Definition of Bond: A mechanism allowing a defendant to be released from jail pending trial.

  • Legal Representation: May be represented by an attorney, either retained or appointed.

Preliminary Hearing

  • Examines if there is probable cause that the defendant committed a crime.

  • Legal Representation: Defendant represented by an attorney.

  • Hearsay is admissible.

  • Victims and witnesses are not required to be present.

PROSECUTOR INVOLVEMENT

Types of Prosecutors

  • District Attorney: Handles felony charges, which are punishable by 1 year in prison or more.

  • Solicitor-General: Handles misdemeanor charges, which are punishable by 12 months or less in jail.

Additional Investigation

  • Additional investigation may be conducted by law enforcement at the request of prosecutors or the prosecutor's office investigators.

CHARGING DECISIONS

Role of Prosecutors

  • Prosecutors have the final say in what legal infractions are charged.

  • May add additional charges, which may necessitate re-arrest.

  • Allegations must match the probable cause.

  • Must consider admissibility of evidence.

    • Hearsay Rule: No hearsay allowed unless under an exception.

  • Evaluate provability in court.

Charging Documents

  • Indictments/Accusations for Felonies: Document that initiates formal charges.

  • Accusations for Misdemeanors: Similar but for lesser charges.

GRAND JURY

Function

  • A Grand Jury is comprised of up to 23 people who hear evidence presented by the District Attorney regarding felony charges.

  • Hearsay is admissible, and neither the victims nor the witnesses are required to attend.

  • Defendants: Not allowed to be present, unless charged in the line of duty.

Decisions made by the Grand Jury

  • True Bill: Indicates sufficient evidence to proceed with charges against the defendant.

  • No Bill: Indicates insufficient evidence to proceed with charges.

  • Indictments: Must be signed by the foreperson and identify the names of the defendant.

POST-GRAND JURY PROCESS

Warrant Issuance

  • Signed by a judge.

Arrest

  • Booking into jail takes place following the warrant issuance.

First Appearance Hearing

  • Must occur within 72 hours of arrest.

  • Bond may be set at this stage. The District Attorney's Office usually does not participate at this stage.

Preliminary Hearing

  • Assess if evidence is sufficient to support charges, with the District Attorney's Office typically not involved.

GRAND JURY HEARING

  • Closed hearing for 23 jurors to determine if the evidence warrants proceeding to trial.

  • Outcomes:

    • No Billed: Insufficient evidence to proceed.

    • True Billed: Sufficient evidence to proceed.

CASE IN DISTRICT ATTORNEY'S OFFICE

Assignment

  • The case is assigned to an investigator and then a prosecutor for continued evidence collection to prove the case beyond a reasonable doubt.

ARRAIGNMENT HEARING

  • Formal presentation of charges to the court wherein the defendant pleads either guilty or not guilty.

    • Pleads Guilty: Proceed to sentencing.

    • Pleads Not Guilty: Continues to trial.

PRE-TRIAL CALENDAR CALL

  • Meeting for all parties with cases scheduled for trial during the period.

  • Cases are scheduled for trial.

  • Defendants can plead guilty and accept sentencing at this meeting.

  • Witnesses will receive subpoenas if required.

TRIAL

  • Definition: A public hearing in front of either a jury or just a judge.

  • Outcome: The formal presentation of evidence leading to either:

    • Not Guilty Verdict: Results in acquittal.

    • Guilty Verdict: Results in conviction.

SENTENCING

  • Official punishment for convictions that may include prison and/or probation.

BURDEN OF PROOF

Definitions by Type

  • Criminal Cases: High standard of proof - Beyond a Reasonable Doubt.

    • Usually carried by the prosecutor, certain shifts can occur, such as in the case of an alibi risk.

  • Civil Cases: Lower standard of proof - By Preponderance of Evidence.

    • Usually carried by the plaintiff; it can shift to the defendant.

Difference from Burden of Persuasion

  • The Burden of Proof is a distinct concept from the Burden of Persuasion, which impacts the responsibility of presenting a case in court.

OTHER COURT HEARINGS

  • Bond Hearing: Ensures appearance in court and assesses safety while the case is pending.

  • Bond Revocations: Occur for violations of bond conditions.

  • Pre-Trial Motions: Challenges the admissibility of State evidence, including search warrants and confessions (Jackson v. Denno hearing).

  • Calendar Call: Sets plea deadlines.

  • Sentencing Hearings: Addresses consequences of guilty verdicts.

  • Probation Revocations/Reviews: Assess compliance with probation terms.

  • TPOs (Civil Proceedings): Include Ex Parte and full hearings for Temporary Protective Orders, typically lasting 30 days.

  • Divorce Proceedings: Involve temporary hearings, mediation, standing orders, and final hearings.

CRIMINAL JUSTICE SYSTEM

  • Definition: A system of practices and institutions of government that uphold social control through:

    • Deterring and mitigating crime

    • Sanctioning individuals who violate laws with criminal penalties

    • Relying on rehabilitation efforts.

OBJECTIVES/OUTCOMES OF THE CRIMINAL JUSTICE SYSTEM

  1. Fair, Impartial, & Expeditious Pursuit of Justice:

    • Ensuring case disposition is appropriate for both offense and offender.

    • Timely administration of justice and improved service delivery to victims.

  2. Promote Safer Communities:

    • Focus on reducing crime and the fear of crime.

  3. Integrity in Prosecution:

    • Emphasis on competent behavior, fiscal responsibility, and coordination in the criminal justice system.

OUTCOME GOALS

Criminal Justice

  • Punishment should correlate with the act itself and foster:

    • Community satisfaction

    • Victim reparations, financial restitution, or payment for counseling

    • Restoration of health, employment, and societal function for the defendant through education and counseling.

CONCEPTS OF JUSTICE

  • Founding Justice: Equal access to justice and due process.

  • Evidence-Based Justice: Focuses on rehabilitation and restorative outcomes.

  • Social Justice: Encompasses concepts of fairness, promoting the greatest benefit to the least advantaged.

CIVIL SYSTEM

  • System for resolving disputes through judges and mediators, aiming for fair solutions.

Types of Cases:

  • Injury, Negligence, Malpractice, Division of Property

  • Accountability through delineation of future responsibilities

Goals of Outcomes:

  • Equitable division of property

  • Clear demarcation of future responsibilities

  • Financial compensation in cases involving children, divorce, and civil injury cases.