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The Role of Transfer Criteria in Judicial Decision Making: Analyzing the Pertinence of Kent Factors
Thesis

The Role of Transfer Criteria in Judicial Decision Making: Analyzing the Pertinence of Kent Factors

Hannah Wargo
Master of Arts (MA), Washington State University
2026
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Abstract

Discretionary decline is one of three mechanisms used in Washington State to transfer jurisdiction from juvenile court to adult court. This function grants juvenile court judges the discretionary authority to analyze a juvenile case in the context of criteria decided by Kent v. United States (1966) and decide whether the case warrants a waiver to adult court. Previous empirical research has focused on quantitative methods to understand predictors of waiver, revealing how national samples of judges clarify the constructs guiding transfer. However, literature is limited regarding qualitative methods which could contribute to a better understanding of judicial thinking. The present study aims to explore this gap by revealing how juvenile court judges weigh and consider the eight Kent factors. I employ interviews with juvenile court judges in Washington State analyzing their rationale with regard to the decision to transfer or retain jurisdiction. The data is analyzed using techniques of thematic analysis focusing on the counterfactual revealed in the comparison of waived and retained cases. Results indicated that judges frequently consider the Kent criteria through the lens of environmental factors, community protection, and treatment considerations.

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