The complex nature of juvenile court judges’ transfer decisions: A study of judicial attitudes

Abstract

A fundamental premise behind the judicial transfer (used in 46 of 50 states) decision is that serious and repeat juvenile offenders have little or no chance of rehabilitation in the Juvenile Justice System. Those juveniles who are considered “untreatable” are believed to be best dealt with by criminal justice sentencing practices that emphasize retribution and deterrence. A survey was administered to juvenile court judges (1,040) across the United States to explore the possible role of attitudes on judicial transfer decisions. The findings indicate that judges’ attitudes as well as other factors such as type and severity of abuse, the type of weapon used in an offense, the number of participants involved, and the use of a drug affect their transfer decisions. Importantly, the results also suggest that in addition to legal factors judicial transfer decisions may be affected by a complex array of socio-cultural and psychological factors.