What Is a Presumptive Waiver?

What it Means

• States using a presumptive waiver system have a law that designates specific types of cases in which it is automatically assumed that the offense is severe enough for adult courts to handle. The specific criteria and offenses for a presumptive waiver vary, but all states have a specific statue that lays out the exact criteria and age ranges. Under these laws, the presumptive waiver system assumes the accused juvenile should face trial as an adult defendant, though under the laws, this is a rebuttable presumption.
  
  

Rebuttable Presumption

• The defendant's lawyer may try to argue against the move to the adult court system.Comstock/Comstock/Getty Images
  
  In some states, the prosecutor must show probable cause that the juvenile committed the offense, however, once that has occurred, the burden falls on the juvenile defendant to prove she should be tried in the juvenile court system. Thus, they may rebut, or argue against, the presumption that they should face trial as an adult. However, if the defendant cannot present an adequate argument, the case transfers to the adult justice system.
  
  

Criteria For a Presumptive Waiver

• States use three categories for a presumptive waiver. Some states use the main offense, for example violent felonies, as the guide. Some states use the age of the defendant to determine the waiver criteria, targeting older teenagers that might normally fall under the juvenile justice standards. Finally, some states take into consideration the juvenile's criminal history and in that case, a long history of criminal offenses might trigger the waiver on its own.
  
  

States That Use Presumptive Waivers

• States using presumptive waivers include Alaska, Arizona, California, Colorado, the District of Columbia, Illinois, Kansas, Minnesota, Nevada, New Hampshire, New Jersey, North Dakota, Pennsylvania, Rhode Island and Utah.
  
  

Crimes That Merit Presumptive Waivers

• Specific crimes vary by state. Some focus on weapon and drug offenses or specific felonies and serious crimes, such as homicide. The District of Columbia uses the age of 15 and targets any criminal offense. Broadly speaking, the usual age for presumptive waivers falls from 14 to 16, depending on the state statutes.