Georgia Stories
The Judicial Branch of Georgia
Special | 11m 29sVideo has Closed Captions
Explore the judicial branch of Georgia—what it is, how it works, and why it matters.
Explore the judicial branch of Georgia—what it is, how it works, and why it matters. Learn about the different levels of courts in Georgia, the roles of judges and juries, and how the judicial branch helps interpret state laws and protect citizens’ rights.
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Problems playing video? | Closed Captioning Feedback
Georgia Stories is a local public television program presented by GPB
Georgia Stories
The Judicial Branch of Georgia
Special | 11m 29sVideo has Closed Captions
Explore the judicial branch of Georgia—what it is, how it works, and why it matters. Learn about the different levels of courts in Georgia, the roles of judges and juries, and how the judicial branch helps interpret state laws and protect citizens’ rights.
Problems playing video? | Closed Captioning Feedback
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When you think about court, you may imagine a judge banging a gavel, people shouting, "Objection," or dramatic scenes from TV shows or movies.
But real life courtrooms, well, they're a lot less dramatic and a lot more important.
Every day in Georgia, courts help solve problems, settle arguments, and make sure our laws are followed fairly.
Whether it's about somebody breaking a law, a dispute over property, or even a question about whether a law is fair, Georgia's court system is built to handle it.
But how does it all work?
Who decides what?
How do judges get their jobs?
Today, we're diving into Georgia's Judicial Branch, the part of government that makes sure justice is served.
(gavel thudding) Court is now in session.
(mysterious music) The Judicial Branch of Georgia is one of the state's three branches of government.
It doesn't enforce laws like the Executive Branch or make them like the Legislative Branch.
It steps in when there's a legal conflict and helps figure out what's constitutional.
The role of the Judicial Branch includes interpreting laws.
Was a law broken?
Does someone deserve compensation?
Who gets custody of kids?
And administering justice.
This is the action a court takes.
How much time will someone spend in prison?
How much money will someone receive in a settlement?
Court cases don't just pop up on their own.
Courts wait for someone, like a citizen or a government agency, to bring them an issue to solve.
Some issues involve civil law.
Civil law typically includes disagreements over money or things of value like a business or land.
Some examples include business disagreements, divorces, or injuries sustained in an accident.
In a civil case, one person, the plaintiff, sues another person, the defendant.
The Court decides who is responsible and whether someone should pay damages or fix a problem.
Issues that are not civil law are considered criminal law.
This is when someone is accused of breaking the law, like stealing or committing a violent crime.
In a criminal case, the government charges someone, the defendant, with breaking the law.
A jury or sometimes a judge decides if the defendant is guilty or not guilty.
Crimes are divided into two groups, misdemeanors and felonies.
Misdemeanors are less serious, like speeding or shoplifting.
Felonies are more serious, like burglary, arson, or murder.
Felonies can mean years in prison or even the death penalty in most extreme cases.
Not every court handles every kind of case.
In Georgia, courts are set up based on the types of cases they're allowed to hear.
That's called jurisdiction.
Some courts focus on kinds of cases, while others handle a wider variety.
There are two main types of courts.
Trial courts, where civil and criminal cases are heard, and appellate courts, where decisions from other courts are reviewed.
Every court case starts in a trial court.
When a defendant doesn't agree with the outcome of a trial court, they can ask a higher court, an appellate court, to review the case.
This process is called an appeal.
In Georgia, there are several types of trial courts and two appellate courts, and each one has a specific job.
Let's take a closer look at what each court does and how the judges who serve there are selected Trial courts include Superior Court, State Court, Juvenile Court, Magistrate Court, and Probate Court.
Each of these courts, here's different types of cases.
Superior Court is Georgia's main trial court.
It handles a wide range of cases including felonies, divorces, land disputes, and major lawsuits.
A jury is often used to help decide the outcome.
Georgia has 49 Superior Court circuits, or regions.
Judges are elected by voters to serve four-year terms in nonpartisan elections across each circuit.
State Courts hear misdemeanors and some civil cases.
These courts are usually found in larger counties and were created to help lighten the load for Superior Courts.
State Court judges are elected in countywide nonpartisan elections and serve four-year terms.
Juvenile Courts handle cases involving kids under 17-years-old.
These might include criminal cases or situations where a child is unsafe at home.
There are no juries in juvenile court.
Instead, a judge determines the outcome of a trial.
Juvenile Court judges are appointed by Superior Court judges and serve four-year terms.
Next is Magistrate Court, sometimes called Small Claims Court.
It handles things like cases involving small amounts of money, traffic tickets, and arrest and search warrants.
Like Juvenile Courts, these cases are decided by a judge, not a jury.
Each county in Georgia has a Magistrate Court, and the judges can either be elected or appointed.
Probate Courts deal with legal matters like wills, estates, and marriage licenses.
Every county in Georgia has a Probate Court.
The judges are elected in countywide nonpartisan elections to serve four-year terms.
Those are the trial courts or lower courts.
Now, let's talk about the higher courts.
The appellate courts, these courts don't hold trials.
They hear appeals.
In an appellate court, judges review cases to decide if the trial court's outcome was fair and legal.
Georgia has two appellate courts: the Court of Appeals and the Supreme Court of Georgia.
The Supreme Court is the highest court in Georgia.
It hears the most serious appeals, like death penalty cases and questions about whether a law follows the state's constitution.
There are nine judges called justices on the Supreme Court.
The justices choose one of their own to serve as the chief justice, the leader of the court.
Supreme Court decisions are made by a majority vote of the justices.
All justices are elected to six-year terms in statewide non-partisan elections.
The Court of Appeals hears most other appeals in Georgia.
These are the ones that don't go directly to the Supreme Court.
There are 15 judges on the Court Of Appeals, divided into five panels.
Like the Supreme Court, these judges are elected statewide, serve six-year terms, and run in nonpartisan elections.
So, what does the Judicial Branch look like in action?
Well, let's say someone is accused of a felony.
That case would be handled in Superior Court.
But before it can go to trial, several steps of the criminal justice process must happen.
The first step of the criminal justice process begins with an arrest.
Police arrest a suspect when they have enough evidence against them.
The suspect is then booked.
At this step, police make an official arrest report and the suspect is often held in a local jail.
The suspect has an initial appearance before a Magistrate Court judge, where the judge explains the charges and decides if the suspect can be released on bail.
Bail is when a suspect is temporarily released in exchange for money or a promise that the suspect will appear back in court.
Next is a preliminary hearing.
The Magistrate Court judge looks at the facts and decides if there really was a crime and if there's enough evidence that the suspect might be involved.
This is known as probable cause.
A group of citizens called a grand jury then reviews the evidence against the suspect.
If they believe there's enough evidence, they issue an indictment, which means the suspect is officially charged with a serious crime.
Then, there's the arraignment.
This is the formal reading of charges.
During the arraignment, the suspect hears exactly what crime they're accused of committing.
The suspect is then brought before a Superior Court judge in what is known as the assignment before Superior Court.
During this step, the suspect enters a plea of guilty or not guilty.
If a suspect says they are guilty, the case will not go to trial and a judge will issue a sentence, or a punishment, for the crime.
Or a suspect may take a plea bargain.
This is how most cases are resolved.
A plea bargain is an agreement between the prosecution and the defense.
A suspect admits guilt a crime when they take a plea bargain, often in exchange for reduced charges or a lighter punishment.
When there's a plea bargain, the case ends and doesn't go to trial.
But what if a suspect says that they're not guilty?
Well, that's when the case goes to trial.
At this point, the suspect becomes a defendant because they are defending themselves against the charges.
Before the trial begins, a jury must be selected.
A large group of citizens is pooled together, and the prosecuting and defense lawyers, as well as the judge, can ask potential jurors questions to determine if they should serve on the jury.
Eventually, that pool of people is narrowed down to 12 jurors who will listen to the case.
Then, the trial begins with the opening statements from both the prosecution and the defense.
This is when both sides speak directly to the jury and explain what they hope to prove in the case.
Witnesses are then called to give testimony during the presentation of evidence.
The prosecutor and defense attorney have the chance to question the other side's witnesses.
After all witnesses have had a chance to speak, both attorneys make closing arguments directly to the jury.
During this step, they summarize the evidence presented and make their final case.
Once closing arguments have been made, the jury deliberates or discusses the evidence of the case and determines if the defendant is guilty or not guilty.
When they're all in agreement, they notify a judge who reads the verdict or the jury's decision.
If the verdict is not guilty, the defendant is released.
If the verdict is guilty, the judge sentences the defendant.
This can include community service hours, a fine, and/or prison time.
But what happens if a defendant who is found guilty maintains their innocence?
What if there were mistakes made in the case?
The defendant can appeal their case for a higher court to review.
If an appellate court overturns or reverses a lower court's verdict, the case goes back to the Superior Court for a new trial.
Georgia's Judicial Branch works as a team.
From the lowest trial courts to the highest appellate courts, it all comes together to make sure laws are interpreted fairly and justice is served for everyone.
And now that you know how it all works, case dismissed.
(techno music)
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