(Code 1981, §15-11-19, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)
Law reviews.- For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971). For article, "Termination of Parental Rights: Recent Judicial and Legislative Trends," see 30 Emory L. J. 1065 (1981). For survey article on appellate practice and procedure, see 59 Mercer L. Rev. 21 (2007). For comment, "School Bullies - They Aren't Just Students: Examining School Interrogations and the Miranda Warning," see 59 Mercer L. Rev. 731 (2008).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2002, pre-2000 Code Section 15-11-31 and pre-2014 Code Section 15-11-7(a), which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.
Right to cross-examine adverse witnesses guaranteed by former Code 1933, § 24A-2002 (see now O.C.G.A. § 15-11-19) was afforded upon request according to former Code 1933, § 24A-2201 (see now O.C.G.A. §§ 15-11-56 and15-11-65). A.C.G. v. State, 131 Ga. App. 156, 205 S.E.2d 435 (1974) (decided under former Code 1933, § 24A-2002).
Private interview of child by father's counsel not necessary.
- Requiring a child to submit privately and alone to an interview by his father's counsel is not necessary. The father's rights provided by statute are adequate and proper to ensure him a fair hearing. In re L.L.W., 141 Ga. App. 32, 232 S.E.2d 378 (1977) (decided under former Code 1933, § 24A-2002).
Former Code 1933, § 24A-2002 was implementation of constitutional right of due process. In re L.L.W., 141 Ga. App. 32, 232 S.E.2d 378 (1977) (decided under former Code 1933, § 24A-2002).
Fair trial required.
- Adjudicatory phase of a delinquency proceeding is the functional equivalent of the trial in the regular criminal or civil process, and a juvenile charged with delinquency is entitled by right to have the court apply those common law jurisprudential principles which experience and reason have shown are necessary to give the accused the essence of a fair trial; those principles include the privilege against self-incrimination and the right of cross-examination under former O.C.G.A. § 15-11-7(a) and (b) (see now O.C.G.A. §§ 15-11-19 and15-11-28). In the Interest of J.C., 257 Ga. App. 657, 572 S.E.2d 21 (2002) (decided under former O.C.G.A. § 15-11-7).
Right to confront accusers.
- Under former O.C.G.A. § 15-11-7(a), juveniles were entitled to confront their accusers through cross-examination during a delinquency proceeding's adjudicatory phase. In the Interest of J.C., 257 Ga. App. 657, 572 S.E.2d 21 (2002) (decided under former O.C.G.A. § 15-11-7).
Minor with mental disability may confess.
- Mere showing that one who confessed to crime may have suffered from some mental disability is not a sufficient basis upon which to exclude the statement. Marshall v. State, 248 Ga. 227, 282 S.E.2d 301 (1981) (decided under former O.C.G.A. § 15-11-31).
Age alone is not determinative of whether a person can waive one's rights. Marshall v. State, 248 Ga. 227, 282 S.E.2d 301 (1981) (decided under former O.C.G.A. § 15-11-31).
Waiver of rights upheld on appeal absent clear error.
- Question of whether or not a defendant is capable or incapable of making a knowing and intelligent waiver of the defendant's rights is to be answered by the trial judge and will be accepted by an appellate court unless such determination is clearly erroneous. Marshall v. State, 248 Ga. 227, 282 S.E.2d 301 (1981) (decided under former O.C.G.A. § 15-11-31).
Transfer hearings must meet essentials of due process and fair treatment.
- Transfer hearings are critically important proceedings affecting important rights of the juvenile. While a hearing need not conform with all of the requirements of a criminal trial or even of the usual administrative hearing, the hearing must measure up to the essentials of due process and fair treatment. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-2002).
When former Code 1933, §§ 24A-2002 and 24A-2501 are read together, a juvenile faced with the possible transfer of the juvenile's case from juvenile court to "the appropriate court having jurisdiction of the offense" has the right to an evidentiary hearing at which the juvenile must be given "the opportunity to introduce evidence and otherwise be heard in his own behalf and to cross-examine adverse witnesses." R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-2002).
Statutory provisions regarding transfer of juvenile case must be followed.
- Under former Code 1933, § 24A-2501 (see now O.C.G.A. § 15-11-561), the juvenile court had discretion to determine whether there are "reasonable grounds" to order the transfer only after conducting an evidentiary hearing required under former paragraph (a)(1) of that section. The juvenile court may not simply "waive" juvenile jurisdiction and deny appellant the right to an evidentiary hearing on the "reasonable grounds" for the transfer. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-2002).
Court must conduct evidentiary hearing on transfer.
- If the juvenile court judge refused to conduct a hearing at which evidence bearing upon the "transfer criteria" listed in former Code 1933, § 24A-2501 (see now O.C.G.A. §§ 15-11-181,15-11-400,15-11-421,15-11-441, and15-11-582) could be introduced, the judgment of the juvenile court transferring jurisdiction must be reversed and the case remanded for an appropriate evidentiary hearing. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-2002).
Fair trial not found.
- Juvenile did not receive a fair trial since the juvenile was not permitted to confront the state's witness, and was questioned without being sworn or advised of the right to remain silent, and the consequences of foregoing that right. In the Interest of J.C., 257 Ga. App. 657, 572 S.E.2d 21 (2002) (decided under former O.C.G.A. § 15-11-7).
RESEARCH REFERENCES
Am. Jur. 2d.
- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 96 et seq.
C.J.S.- 43 C.J.S., Infants, § 199 et seq.
U.L.A.- Uniform Juvenile Court Act (U.L.A.) § 27.
ALR.
- Power of juvenile court to require children to testify, 151 A.L.R. 1229.
Applicability of rules of evidence in juvenile delinquency proceeding, 43 A.L.R.2d 1128.
Voluntariness and admissibility of minor's confession, 87 A.L.R.2d 624.
Defense of infancy in juvenile delinquency proceedings, 83 A.L.R.4th 1135.
Applicability of rules of evidence to juvenile transfer, waiver, or certification hearings, 37 A.L.R.5th 703.
Juvenile's guilty or no contest plea in adult court as waiver of defects in transfer or certification proceedings, 74 A.L.R.5th 453.