Office of the Attorney General of the State of Georgia, No. U96-5 (1996)

Attorney General Opinions | Office of the Attorney General of the State of Georgia, No. U96-5 (1996) | 2018

Note:  The following is a summary of an Unofficial Opinion by the Attorney General for the state of Georgia. Unofficial Opinions are completely advisory and issued only for informational purposes.

 

Question
Are sections 17-17-1 et seq. of the Georgia Code, otherwise known as the Crime Victims’ Bill of Rights, applicable to juvenile court proceedings?

Conclusion
The Crime Victims’ Bill of Rights provides victims of crime certain enumerated rights. Section 17-17-3(4) of the Georgia Code defines “crime” as “an act committed in [Georgia] which constitutes a violation of certain enumerated provisions of the criminal Code, Title 16.” Section 17-17-3(11) of the Georgia Code defines “victim” as “a person against whom a crime has been perpetrated . . . .” Under the juvenile system, however, a defendant is not charged with committing a “crime.” Because juveniles are not charged with committing crimes, acts by juveniles against others do not constitute crimes. Further, because the person to whom a juvenile directed a specific act has not had a “crime” perpetrated against him, he does not qualify as a “victim” for the purposes of this act. Thus, the Crime Victims’ Bill of Rights does not apply to juvenile court proceedings because no “crime victims” exist.