NCJ Number
64974
Journal
Mercer Law Review Volume: 25 Issue: 1 Dated: (1973) Pages: 169-176
Date Published
1973
Length
8 pages
Annotation
STATUTORY ENACTMENTS AND JUDICIAL DECISIONS AFFECTING JUVENILE JUSTICE IN GEORGIA ARE REPORTED FOR 1973.
Abstract
THE MOST SIGNIFICANT DEVELOPMENT IN GEORGIA JUVENILE LAW WAS THE PASSAGE OF THE FIRST AMENDMENT TO THE 1971 GEORGIA JUVENILE COURT CODE. THIS LEGISLATION REDEFINED THE TERM 'CHILD' AS USED IN THE CODE, REALIGNED THE JURISDICTIONAL LIMITS OF THE JUVENILE AND SUPERIOR COURTS, CLARIFIED COMMITMENT PROCEDURES FOR CHILDREN FOUND TO BE MENTALLY ILL OR RETARDED, TOUGHENED THE PROVISIONS ON THE PUBLICATION OF JUVENILES' NAMES, AND PROVIDED FOR REFERRAL OF CERTAIN ISSUES FROM THE SUPERIOR COURT TO THE JUVENILE COURT. REFERENCES TO THE CODE'S PROVISION OF JUVENILE COURT JURISDICTION OVER JUVENILES UNDER THE AGE OF 18 WERE STRICKEN, GIVING JUVENILE COURT JURISDICTION TO YOUTH 17 YEARS OF AGE AND UNDER. THIS MEANS THAT YOUTH BETWEEN 17 AND 18 YEARS OF AGE ARE MINORS IN CIVIL MATTERS BUT ADULTS IN CRIMINAL MATTERS. THE AMENDMENT CONFERRED UPON THE JUVENILE COURTS 'EXCLUSIVE ORIGINAL JURISDICTION' OVER ALL JUVENILE OFFENDERS EXCEPT THOSE CHARGED WITH AN OFFENSE 'PUNISHABLE BY LOSS OF LIFE OR LIFE IMPRISONMENT.' THE POWER OF THE JUVENILE COURT TO RENDER DECISIONS ABOUT THE COMMITMENT FOR TREATMENT OF MENTALLY HANDICAPPED JUVENILE OFFENDERS WAS ESTABLISHED. THE JUVENILE COURT IS GIVEN CONCURRENT JURISDICTION TO HEAR AND DETERMINE THE ISSUE OF CUSTODY AND SUPPORT WHEN THE ISSUE IS TRANSFERRED BY PROPER ORDER OF THE SUPERIOR COURT. THE MOST SIGNIFICANT JUDICIAL DECISION DECLARED THE CONSTITUTIONALITY OF THE CODE'S AUTHORIZATION OF THE HOLDING OF AN ADJUDICATORY HEARING IN THE COUNTY WHERE THE ALLEGED OFFENSE OCCURRED, WHILE THE DISPOSITIONAL HEARING MUST BE HELD IN THE CHILD'S COUNTY OF RESIDENCE. NOTES ARE PROVIDED. (RCB)