Legal Definitions - statutory exclusion

Statutory exclusion refers to a legal provision that automatically removes certain types of criminal cases involving juveniles from the jurisdiction of the juvenile court.

Instead of being handled in the juvenile justice system, these cases are immediately directed to the adult criminal court system. This occurs because a specific law (statute) dictates that particular crimes, often those considered very serious or committed by older adolescents, are inherently outside the scope of juvenile court authority. Consequently, there is no need for a judge to hold a hearing to decide whether to transfer the case, as the law itself has already made that determination.

• Example 1: Age and Severity of Crime

  Imagine a state where the law specifies that any individual aged 16 or older who is charged with armed robbery must be tried in adult criminal court. If a 17-year-old is arrested for robbing a convenience store at gunpoint, their case would automatically bypass the juvenile court system and proceed directly to adult criminal court.

  This illustrates statutory exclusion because the law itself, based on the juvenile's age and the serious nature of the crime, dictates that the juvenile court never gains jurisdiction over the case.

• Example 2: Extreme Nature of the Offense

  Consider a state statute that mandates all charges of first-degree murder, regardless of the defendant's age (provided they are above a minimum age for criminal responsibility, such as 14), are to be filed in adult criminal court. If a 15-year-old is accused of first-degree murder, their case would not be heard in juvenile court but would instead begin in the adult criminal justice system.

  Here, the extreme severity of the alleged crime (first-degree murder) is the basis for the statutory exclusion, ensuring the case is handled in adult court from the outset.

• Example 3: Prior Serious Offense

  In some jurisdictions, a law might stipulate that if a juvenile, who has previously been adjudicated for a serious felony in juvenile court, commits another serious felony, their subsequent case is automatically excluded from juvenile court jurisdiction. For instance, if a 17-year-old, who had previously been found responsible for aggravated assault, is now charged with carjacking, the state law could mandate that this new carjacking charge automatically goes to adult court.

  This example demonstrates statutory exclusion based on a combination of the current serious offense and the juvenile's prior record, as defined by statute, which removes the case from juvenile court.