statutory exclusion

English

Noun

statutory exclusion (countable and uncountable, plural statutory exclusions)

1. (US, law, uncountable) The legal requirement that under specified circumstances, a juvenile be tried as an adult, without the possibility of judicial discretion.
   • 1996, United States Office of Juvenile Justice and Delinquency Prevention, Combating Violence and Delinquency, →ISBN:

     Statutory exclusion is clearly the most rigid method of determining how a juvenile offender will be processed, and most determinations are based on serious offenses and age limits.

   • 2009, Richard Lawrence, Mario Hesse, Juvenile Justice: The Essentials, →ISBN, page 166:

     Statutory exclusion is part of the same trend toward “get-tough” legislation that has shifted decision-making from judges to legislators and prosecutors (Feld, 2000).

   • 2009, Kären M. Hess, Juvenile Justice, →ISBN, page 324:

     Statutory exclusion laws allow politicians, not judges, to decide which violent juveniles should be prosecuted by the criminal court.

   • 2012, Elena Grigorenko, Handbook of Juvenile Forensic Psychology and Psychiatry, →ISBN, page 97:

     Similar to statutory exclusion mechanisms, prosecutorial discretion is often limited to a subset of cases based on age and offense characteristics.

2. (countable) A situation which is not covered by a particular rule or process because of a statute.
   • 2007, Gerald W. Williams, The Forest Service: Fighting for Public Lands, →ISBN, page 469:

     There are two types of actions that do not require extensive NEPA environmental documentation: categorical exclusions and statutory exclusions.

   • 2008, Gwendolyn Griffith Lieuallen, Basic Federal Income Tax, →ISBN, page 61:

     This chapter addresses specific statutory exclusions from gross income: items that constitute income within the meaning of §61 but are not included in a taxpayer's gross income because of a specific exception in the Code.

   • 2012, Sigrid Sterckx, Julian Cockbain, Exclusions from Patentability, →ISBN:

     As a result we have both statutory exclusions from patentability and, where the words of the statute are insufficient, judicially derived exclusions.