Prosecutorial Waiver: Case Study of a Questionable Reform

Abstract

Consistent with a trend toward more punitive responses to delinquency, many states have enacted laws that facilitate the transfer of young offenders to criminal court by bypassing the traditional waiver hearing. The most highly controversial of these streamlined transfer methods is prosecutorial waiver, which allows prosecutors to choose whether to initiate proceedings in juvenile or criminal court. This article examines the practice of prosecutorial waiver in Florida, a state that grants prosecutors extremely wide latitude with respect to the transfer of 16- and 17-year-olds. Our analyses focus on interviews conducted with prosecutors in each of the state's judicial circuits, as well as individual-level case data on transfers in two urban counties. Few of the juveniles transferred via prosecutorial waiver are the kinds of dangerous, repeat offenders for whom waiver is arguably justified. This is in large part due to the lack of statutory guidelines to govern the selection of cases, the ease with which waiver is accomplished, and the lack of support among prosecutors for traditional principles of juvenile justice.