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During the 1990s and early twenty-first century, an increased amount of attention has been given to the issue of youthful offenders. A perceived escalation in offenses committed by youth has resulted in calls for stricter penalties for youthful offenders. The question of how to deal effectively with youth crime is not unique to one nation; there are proposals for youth justice reform around the world. For instance, the Canadian government is in the midst of replacing existing youth justice legislation with a completely new law that attempts to handle the most serious and violent young offenders through formal court sanctions, while diverting the bulk of less serious cases to other, quasijudicial venues.

In 1997, a juvenile in Kobe, Japan, murdered two people and assaulted others. After this much-publicized case, consideration was given to revising Japan's fiftyyear-old youth justice legislation to allow for harsher juvenile penalties. Britain, Canada, and the United States are also focusing quite extensively on the merits of preventative measures and early intervention in dealing with youthful criminality. At the same time, harsh approaches for serious, violent, and repeat offenders—including easier transfer to adult court—are being emphasized to quell public concerns about lenient treatment for young offenders. Concurrently, Australia and New Zealand have led the restorative justice movement in dealing with youthful offenders. In this approach, the emphasis is not focused solely on the punishment of the young offender; attention is also paid to the reintegration of the offender back into the community. In addition, there is a focus on involving the victim and the community in determining the outcome of the case. Several other nations (e.g., South Africa, Canada, the United States) have initiated similar restorative justice programs. Clearly, youth crime and initiatives for reform are widespread. To further understand the current context for dealing with youthful offenders, it is useful to examine the evolution of ideologies of youth justice in the United States, Canada, and other nations.

Youth as a Mitigating Circumstance

In the late twentieth century and early twenty-first century, there has been a trend toward treating greater numbers of youthful offenders as adults when it comes to punishment. For example, the number of delinquency cases judicially waived to adult court in the United States increased by 73 percent between the years 1988 and 1994 and then declined 28 percent through 1997. However, while the decline in cases occurred in 1997, it was still 25 percent greater than the number waived in 1988 (Snyder et al. 1999). This is a result of legislative changes during the 1980s and 1990s to “get tough” on juvenile offenders. According to the New York Times, forty-five states passed or amended legislation to send violent young offenders, as well as property and drug offenders, into the adult system. Consequently, the number of juveniles admitted to adult prisons has doubled between 1985 and 1998 (Riley 2001). Experts have noted a movement by legislators in Canada and the United States toward more adult models of justice and an emphasis on crime control in youth justice legislation and decisionmaking, rather than a focus on the youthfulness of the offender (Feld 1997; Tonry 1999).

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