NCJ Number
131555
Journal
Notre Dame Journal of Law, Ethics and Public Policy Volume: 5 Issue: 2 Dated: (1991) Pages: 281-302
Date Published
1991
Length
22 pages
Annotation
Florida's experience with prosecutorial waivers of juveniles to criminal courts indicates that prosecutorial waiver should be abolished, because it involves the unreviewable and largely hidden exercise of discretion.
Abstract
Prosecutorial waiver is one of three forms of juvenile court waiver available under Florida law. It gives prosecutors almost unlimited discretion with respect to the transfer of youths ages 16 and 17 to criminal court. Telephone interviews with prosecutors in each of the State's 20 judicial circuits revealed that although few eligible youth are transferred, those transferred via prosecutorial waiver are seldom the serious and chronic offenders for whom prosecution and punishment in criminal court may be justified. In addition, analysis of transfers in two counties showed wide variations in its use. Results indicated that the lack of objective, substantive guidelines make it almost inevitable that unpredictable and unjustifiable outcomes will occur. A more appropriate approach would be to rely on legislative exclusion and judicial waiver, the other two forms of juvenile court waiver allowed under Florida law. Footnotes