Abstract
Legislative waiver is a special type of law that excludes certain offenses or offenders from the jurisdiction of juvenile court. Legislative waiver laws require the juvenile be waived, or transferred, to criminal court thereby bypassing the juvenile court system. Legislative waiver laws remove the discretion inherent in judicial and prosecutorial waivers. Legislative waiver takes the specific form of a statutory exclusion or mandatory waiver. Currently, 38 states have some form of legislative waiver for juvenile offenders.
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