---------------------------------------------------------
Re: Age of legal responsibility in Georgia ... of criminal
responsibility. At what age can a crime be charged?
---------------------------------------------------------
The factors on which an answer will depend include these
what you mean by 'criminal' and whether as relevant to
the persons and events of present interest to you it would be
appropriate or perhaps even necessary to include 'delinquency' within
the definition of what is 'criminal' or not,
the nature of the offense charged or being
contemplated, and
the age of and other facts relating to the juvenile in
question including he or she and, if there are any, those in a
position to help him or her realistically would have the interest and
financial and other ability to claim and do and when and how they try
to do it.
Subject to any number of possible qualifications depending on
the relevant specifics, there is generally speaking no legislatively
specified youngest age at which a juvenile may be charged and
adjudicated delinquent and, for serious crimes, the following probably
is a fair and accurate summary -
Sect. 15-11-28 of the Ga. Code directs that the state's
superior court has exclusive jurisdiction to try certain felony and
other serious charges against a juvenile aged thirteen to seventeen
but confers pre-indictment discretion on the district attorney after
investigation and for extraordinary cause to decline to prosecute in
the superior court and to bring the case in the appropriate juvenile
court.
Ga. case law also is to the effect that a juvenile in has no
absolute right to be tried as a juvenile. Nor, as first suggested
above, would purporting to answer your question in the vague manner
you pose it necessarily answer to what extent a juvenile shall or may
be treated as an adult for criminal law purposes. See, for example,
Bishop v. State, 265 Ga. 821 (1995), and Pascarella v. State, 294 Ga.
App. 414 (2008).