Criminal law in the state of ga, usa

Páginas: 18 (4453 palabras) Publicado: 16 de diciembre de 2010
OVERVIEW OF CRIMINAL SYSTEM
* Misdemeanors Vs Felonies.

Misdemeanor: Means any crime other than felony. Jail for minimum 5 days and maximum one year in a jail facility, punishment may include probation, fines, jail time on weekends and community service. The minimum fine is $1,000.
High and aggravated misdemeanors: Punishment by a fine not to exceed $5,000 or by jail for not more than 12months or both.
Felony: It is a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.

Notes: Certain crimes can be misdemeanor or felony-theft crimes depend on the amount taken. More than $500 is a felony

OVERVIEW OF COURT SYSTEM
U.S Supreme court: Consists of the Chief Justice of the United States and eight associate justices. At itsdiscretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.
U.S Courts of Appeals: The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has aUnited States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies. In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of InternationalTrade and the Court of Federal Claims.
U.S District Courts: Are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. There are 94 federal judicial districts.

APPEALS COURTS:
* Supreme Court of Georgia
The Supreme Court,the state's highest court, reviews decisions made in civil and criminal cases by a trial court judge or by the Court of Appeals. This court also rules on questions involving the constitutionality of state statutes and all criminal cases involving a sentence of death. No trials are held at the appellate level, nor do the parties appear before the court. If attorneys present oral arguments, these areheard by the entire court.
Each case accepted for review by the Supreme Court is assigned to one of the seven justices for preparation of a preliminary opinion (decision) for circulation to all other justices. The justices review trial transcripts, case records and the accompanying legal briefs prepared by attorneys. An opinion is adopted or rejected by the Court after thorough discussion by allthe justices in conference.
The Chief Justice and the Presiding Justice serve as officers of the court for two-year terms. The Chief Justice presides at official sessions of the Supreme Court and conferences of the justices. The Supreme Court is assigned oversight of the legal profession and the judiciary as well as other designated duties.
* Court of Appeals of Georgia
The Court ofAppeals is the court of first review for many civil and criminal cases heard by the trial courts. The purpose of such a review is to correct legal errors or errors of law made at the trial level, not to alter jury verdicts or the outcome of bench trials.
The Court of Appeals has twelve judges who are assigned to one of four panels made up of three judges each. Once a case is assigned to a panel, thejudges review the trial transcript, relevant portions of the record, and briefs submitted by the attorneys for the parties. Panels also hear oral arguments in a small number of cases.
Panel decisions are final unless one judge dissents. If necessary, a case may be reviewed by a larger number of judges of the Court of Appeals for decision.
TRIAL COURTS

* Superior Court ( 12 Juries, No...
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