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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

DELINQUENCY IN GENERAL AGE OF MAJORITY
- It commences at the age of eighteen (18) years.
- Delinquency refers to any action; course or conduct that deviates from acts approved by the
majority of people. EMANCIPATION
- Delinquency, therefore, is a general term for any misconduct or misbehavior that is tantamount - It is freedom from parental authority, both over his person and property. - It happens upon
to felony or offense. reaching the age of eighteen years.
- It is a description of those acts that do not conform to the accepted rules, norms and mores of
the society (sociological definition). RA 6809
- It is, however, distinct from crime in the sense that the former may be in the form of violation
of law, ordinance or rule but it is punishable only by a small fine or short-term imprisonment - It is the law which amends the age of majority.
or both. - It lowered the age of majority from twenty-one (21) to eighteen (18) years.
- Legally speaking, delinquency means the failure to perform an act required by law, or the non- - It was approved on 13 December 1989
performance of a duty or obligation that is mandated by existing law or rule
DELINQUENT
JUVENILE DELINQUENCY
- One whose behavior has brought him into repeated conflict with the law regardless of whether
- It is an anti-social behavior or act which does not conform to the standards of society. or not he has been taken before a court and adjudged as a delinquent.
- Youth behavior which is against the norms and regulations of society which if left unchecked - One who has committed an offense that violated the approved norms of conduct and is guilty
would give rise to criminality of a misdeed
- It describes a large number of disapproved behavior of children or youth.
- It is considered as anti-social acts or behavior of children which deviate from the normal pattern STATUS OFFENSES
of rules and regulations, custom and culture which society does not accept and which therefore - These are certain acts or omissions which may not be punishable socially or legally if
justify some kind of admonition, punishment or corrective measures in the interest of the public. committed by adults but become anti-social or illegal because the offender is a minor, such as:
a) Truancy or frequent unreasonable absenteeism from school;
JUVENILE b) Use of profane language;
c) Running away from home;
- A child or a young person, who, under the legal system may be dealt with for an offense in a d) Smoking and drinking alcoholic beverages;
manner different from that of an adult. e) Disobedience to parents, guardians or school officials
- A minor, a youth, or who is not yet emancipated by law. f) Mendicancy or begging in the streets;
- Refers to a person of tender years. g) Association with delinquent gangs; or
- A person below the age of majority that is, below eighteen years old, or who is unable to fully h) Curfew violations.
take care of himself from abuse, neglect, cruelty, exploitation or discrimination because of
physical or mental disability or conditions. ANTI-SOCIAL BEHAVIOR
- It is characterized by disobedience to, or disrespect to authorities.
JUVENILE DELINQUENT
PARENS PATRIAE (“father of the country”)
- Juveniles are young people who are regarded as immature or one whose mental as well as - It is a doctrine that does not consider delinquent acts as criminal violation. Thus, making
emotional faculties are not fully developed thus, making them incapable of taking full delinquents non-criminal persons and cannot be found guilty of a crime and punished like an
responsibility of their actions. adult criminal.
- In legal points, the term juvenile is a person subject to juvenile court proceedings because of a - It views minor who violates laws as victims of improper care, custody and treatment at home.
statutorily defined event or condition caused by or affecting that person and was alleged to have - It is the assumption by the State of the role of guardian over children whose parents are deemed
occurred while his or her age was below the specified age limit. incapable or unworthy. - It is the authority of the state to act on behalf of the children.
- In view of the above, juvenile delinquents are youthful offenders and have been adjudicated as
such by the court of proper jurisdiction.
- The term should only be applied to children who commit criminal offenses and is in need of
supervision or treatment.
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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM
Historical Background of Juvenile Delinquency and Juvenile Justice System 3. Organized Delinquency – committed by formally organized groups. It has a concept of
• Code of Hammurabi - the first comprehensive description of a system used by society to “delinquent subculture” which refers to the set of values and norms that guide the behavior of
regulate behavior and at the same time punish those who disobeyed the rules. It is the origin of group members encourage the commission of delinquencies.
the legal principle of “lex talionis”, that is, an eye for an eye. 4. Situational delinquencies – delinquency is not deeply rooted, and motives for delinquency
• 1641 Stubborn Child Law – it was passed by the General Court of Massachusetts which stated and means for controlling it are often relatively simple.
that children who disobeyed their parents could be put to death.
• Children Only Law – due to increasing demand on the state to take responsibility for ❑Classification of Juvenile Offenders, - Trojannovicz, R.C
improving the lives of children and eventually new regulations, such as, child labor laws were 1. Gang Organized Delinquency – this category involves those juveniles who often suffer from
enacted. the frustration or Inability to achieve goals of middle class and come from backward areas and
• 1916 Keating-Owen Act – passed by the United States Congress and become the first piece of often express themselves and try to achieve their objectives through their gang.
child labor in America. After 2 years it was revised through the case of Hammer V. Dagenhart, 2. Unsocialized Delinquents - this includes those delinquents who would have criminal records
it did lay the groundwork for the passage in 1938 of the Fair Labor Standards Act. and generally who were neglected and rejected from home and are prone to physical violence.
• Child-saving Movement – concerned citizens eventually formed a social activist group called 3. Accidental Delinquency – delinquents would be one who is law-abiding most of the time but
Child Savers, who believed that children were born good and became bad.
who has a lapse of judgment. They involve himself accidentally in a delinquent activity.
• Parens Patria – during the heights of child savers this doctrine was created. It is the right and
4. Occasional Offender – same as accidental delinquent but they are not habitual.
responsibility of the government to take care of minors and others who cannot legally take care
of themselves. 5. Professional Delinquency – they indulge in criminal activities for profit and to satisfy their
• 1818- a committee reports listed “juvenile delinquency” as a major cause of pauperism, the first desire.
public recognition of the term juvenile delinquency. Classification of Delinquency
• 1899- the Illinois legislature passed a law creating a juvenile court that became the cornerstone
for juvenile justice throughout the United States. The vision of the child savers and the founders 1. Unsocialized Aggression – children who are rejected or abandoned, no parents to imitate and
of the juvenile court was the rehabilitative ideal of reforming children instead of punishing become aggressive.
them. 2. Socialized Delinquency – membership is fraternities or groups that advocated bad things.
• Medical Model – established by the Illinois Court Act, viewing crimes as a disease that could 3. Over-inhibited – group who secretly trained children to do illegal activities such as planting
be treated and cured by social intervention. marijuana or industries
4. ENVIRONMENTAL DELINQUENTS - Characterized by occasional law-breaking.
Houses of Corrections for Juvenile Delinquent 5. EMOTIONALLY MALADJUSTED DELINQUENTS - Characterized by chronic law-
1. Bridewells – it was the first house of corrections in England. They confined both children and breaking; a habit which this type cannot avoid or escape from.
adults considered to be idle and disorderly. 6. PSYCHIATRIC DELINQUENTS - Characterized by serious emotional disturbances within
2. Hospice of San Michele (Saint Michael) – this was established in 1704. John Howard, a the individual and in some cases associated with tendencies towards mental illness.
former, brought to England from Rome a model of the first institution for treating juvenile
offenders. He was often thought of as the father of prison reform. Stages of Delinquency
3. House of Refuge – it was situated in New York in 1825. It was opened to house juvenile a. Emergence – the child begins with petty larceny between 8 and sometime during 12 th year.
delinquents, who were defined in its charter as “youths convicted of criminal offenses or found b. Exploration – he or she then may move on to shoplifting and vandalism between ages 12 to
in vagrancy”. 14.
c. Explosion – at age 13, there is a substantial increase in variety and seriousness.
TYPES OF JUVENILE DELINQUENCY d. Conflagration – at around 15, four or more types of crime are added.
❑Four types of Delinquencies – Howard Becker e. Outburst - Those who continue on adulthood will progress into more sophisticated or more
1. Individual Delinquency - It is caused by psychological problems stemming primarily from violent forms of criminal behavior.
defective/faulty/pathological family interaction patterns.
2. Group-deported Delinquency – committed in companionship with others and the cause is Pathway to Delinquency
located not in the personality of the individual or in the delinquent’s family but in the culture 1. Authority-conflict pathway – children at young or early age begin to show stubborn behavior.
of the individual’s home and neighborhood. This leads to defiance and later on may result in avoidance to authority.
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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM
2. Covert pathway – it begins with minor, deceitful behavior that leads to property damage. This DIFFERENT THEORIES CONCERNING DELINQUENCY
will escalate to more serious forms of criminality such as violence.
3. Overt pathway – it will start minor aggression, physical fighting and then to violence. CHOICE THEORY
- It is based on the classical school of criminology that views an individual as having free will in
TYPES OF DELINQUENT YOUTH choosing his actions and that he calculates what he will gain or lose if he commits an act.
1. SOCIAL – an aggressive youth who recent the authority of anyone who make an effort to - It views the delinquent as a motivated offender who breaks the law because he or she perceives
control his behavior. an abundance of benefits and an absence of threat.
2. NEUROTIC – he has internalized his conflicts and preoccupied with his own feelings.
3. ASOCIAL – he has a cold, brutal, furious, quality for which the youth feel no humors. BIOSOCIAL OR TRAIT THEORIES
4. ACCIDENTAL – he is less identifiable in his character, essentially socialize law abiding but - These are based on the view that both thought and behavior have biological and social bases.
too happens to be at the wrong place at the wrong time and becomes involved in some - Contemporary explanation of the biogenic approach.
delinquent act not typical of his general behavior. - They have three sub-theories: biochemical, neurological and genetics.
a. BIOCHEMICAL - It views that crime and delinquency especially violence is the result of
Other classification of delinquents diet, vitamin intake, hormonal imbalance and other biological causes.
1) Occasional delinquents – these delinquents participate in the group. They do what other b. NEUROLOGICAL - It explains that crime and delinquency occur because the individual
are doing. suffers from brain impairment or abnormality in the structure of the brains. Learning
2) Maladjusted delinquents – the activity stems from personality disturbance rather than disabilities such as attention deficit/hyperactive disorder and minimum brain dysfunction
gang activities or slum residence. They have “weak ego” the “asocial” experienced early are related to antisocial behavior.
and severe parental rejection. c. GENETIC - It explains that delinquent traits and predisposition to criminality are inherited
3) Gang delinquents – they generally commit the most serious infractions, most often sent from parents. - Criminality of parents can predict delinquency of children. It is supported
to a correctional institution and most often continuous in a pattern of semi-professional by research on twin studies and adoption studies.
criminal behavior as adults. PSYCHOLOGICAL THEORIES
Gang – is frequently associated with groups in socially disorganized and deteriorated inner-city - Views delinquency as a result of emotional and mental disturbance of the individual
neighborhoods. It is applied to youths who are engaged in a variety of delinquencies ranging from - Contemporary explanation of the psychogenic approach
truancy, street brawls, and beer running to race riots, robberies, and other serious crimes. - has three sub-theories: psychodynamic, behavioral and cognitive
Characteristics of Gang: a. PSYCHODYNAMIC THEORY - It is based on the psychoanalytic theory of Sigmund
1. Organization – this states that a gang or gang members has collective goals. Freud. Delinquency is the result of the imbalance of the three components of personality:
2. Leadership – they have leaders that may decide matters related to the organization. id, ego and superego - Delinquency is the product of the abnormal personality structure
3. Turf or Territory – it involves identification and control. Identify places like parks, housing formed in early life and which thereafter controls human behavior choices.
projects, or schools to impose their illegal acts. b. BEHAVIORAL THEORY - It believes that individuals learn by observing how people
4. Cohesiveness – it refers to a gang’s very close, tight-knit organization with loyal members react to their behavior - Behavior is reinforced by some positive reaction and it is
bound to one another by mutual friendship and common interests. extinguished if punished. Misbehavior of children if left unchecked will persist until
adolescence
DIFFERENT APPROACHES IN THE STUDY OF DELINQUENCY c. COGNITIVE THEORY - It views that delinquency is a result of the faulty perception
1) BIOGENIC APPROACH and analysis of data of an individual. It believes that when an individual makes decision,
- It gives an explanation that law violations and delinquency are a result of some physical defects. he engages in a sequence of cognitive thought processes:
2) PSYCHOGENIC APPROACH 1) He first encodes the information so that it can be interpreted;
- It argues that the critical factors in delinquency are personality problems to which misbehavior 2) Then, he searches for a proper response and decide upon the most appropriate action;
is presumed to be the response. and
3) SOCIOGENIC APPROACH 3) Finally, he acts on his decision.
- It attributes delinquency pattern to social structures. - Delinquency-prone adolescents may have cognitive deficits and use information incorrectly
- It views youthful misdeed as a result of a learning process through interactions with other when they make decisions
members of society.
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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM
SOCIOLOGICAL THEORIES 4. Differential Oppression Theory. John D. Hewitt and Robert Regoli proposed that much
- They view delinquency as a product of the different social factors and dynamics serious juvenile delinquency is a product of the oppression of children by adults, particularly
- They have four groups of theories which in turn contain several sub-theories: social structure within the context of family. The maltreatment of children has been found to be highly
theories, social process theories, social reaction theories and social conflict theories. correlated with both serious and moderate delinquency as well as other problem behaviors. This
a. SOCIAL STRUCTURE THEORIES- They hold that delinquency is a function of a theory argues that adult perception of children forces youths into socially defined and controlled
person’s place in the economic structure. inferior roles, including the socially constructed juvenile “ delinquency role that separates
b. SOCIAL PROCESS THEORIES - They view delinquency as a result of poor or faulty youthful and adult offenders for treatment and control.
socialization or upbringing
c. SOCIAL REACTION THEORIES - They view delinquent acts and criminality as 5. Differential Association Theory. Asserts that criminal behavior is learned primarily within
products of stigma and labeling. interpersonal groups and that youths will become delinquent if definitions they have learned
d. SOCIAL CONFLICT THEORIES - They hold that delinquent behavior is a product of favorable to violating the law exceed definitions favorable to obeying the law within the group.
economic inequality. This theory was introduced by Edwin Sutherland. Example: The family may serve as a training
THEORIES OF DELINQUENCY ground for violence since the child perceive physical punishment as the norm during conflict
1. Social Disorganization Theory - It was recognized early in twentieth century by sociologist situations with others.
Clifford Shaw and Henry Mckay. According to social disorganization theory, disorganized areas
cannot exert social control over acting-out youth; these areas can be identified by their relatively 6. Social Learning Theory. This theory view that behavior is modeled through observation, either
high level of change, fear, instability, incivility, poverty and deterioration, and these factors directly through intimate contact with others, or indirectly through media; interactions that are
have a direct influence on the area’s delinquency rate. rewarded are copied, where as those that are punished are avoided.

2. Anomie Theory - Advocated by Emile Durkheim. Breakdown of social orders as results of loss 7. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to
of standards and values that replaced social cohesion. be bound by the law. Such a bind between a person and the law remains in place most of the
A – Absence time, they argue. When it is not in place, delinquents will drift.
Nomos – Laws or standards.
*Anomie- refers to the breakdown of norms. 8. Labeling Theory (Social Reaction Theory). Crime is caused by societal reactions to behavior,
which include exposure to the juvenile justice system. Once children are labelled delinquent,
3. Strain Theory – This theory assume that children are basically good. Only under pressure do they become delinquent (Tannenbaum, 18938).
they deviate. Pressure for deviance comes from their having internalized society’s goals, such
as being successful and wanting to achieve them. But many cannot become successful by 9. Social Control Theory. This perspective states that members in society form bonds with other
conforming to society’s rules. Out of desperation, they turn to crime. members in society or institution in society such as parents, pro-social friends, and churches,
*According to sociologist Robert Merton, although most people share common values and goals, schools, teachers, and sports teams. The social bonds include the ties and affection that develop
the means for legitimate economic and social success are stratified by socio economic class. between children and key people in their lives; commitment to social norms of behavior and to
Consequently, these youths may either use deviant methods to achieve their goals or reject socially succeed in regards to such values as getting good education, a good job and being successful;
accepted goals or substitute deviant ones. involvement in activities; and finally, that most persons are brought up to believe in and respect
* Albert Cohen, explained why urban, lower-class boys commit delinquency. He began by the law.
identifying characteristics of delinquents. They are malicious, negativistic, non- utilitarian, versatile, 10. Self-derogation Theory. Introduced by Kaplan states that all motivated to maximize our self-
loyal, and cannot defer gratification. Cohen blames delinquency on (1) frustration experienced by esteem, motivation to conform will be minimized by family, school and peer interactions that
children because of their low status and (2) their ability to live up to middle – class standards. devalue our sense of self, interactions and behavior may be self-defacing or self-enhancing.
Delinquency is the consequence of children expressing their frustration toward middle-class norms
and institutions. 11. Self-control Theory. In short, self-control theory suggests that deviance simply results from
* Richard Cloward and Lloyd Ohlin blamed it on the disparity between what children are taught the individual’s inability to effectively control his/her impulses. Self-control theory argues that
to want and what is available to them. Children joined delinquent gangs to achieve success, but it is the absence of self-control rather than the presence of some force or factor such as poverty,
because their legitimate path is blocked, they turn illegitimate means in the form of delinquency and anomie, opportunities for deviance, delinquent peers, exposure to definitions favorable to
later on it was called as Differential Opportunity Theory. deviance, etc. that leads to deviance.
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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM
12. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures 2. Trainable group - The members of this group consist of those with I.Q.s from about
with a unique set of values that clash with the main stream culture. This theory argues that 25 to about 50; one who belongs to this group shows a mental level and rate of
children learn deviant behavior socially through exposure to others and modeling of others development which is 1/4 to 1/2 that of the average child, is unable to acquire higher
action. academic skills, but can usually acquire the basic skills for living to a reasonable
degree. He can likewise attain a primary grade level of education if he receives
13. Rational Choice Theory. They argue in many cases, deviance is a result of highly calculation effective instruction.
of risks and awards. Prospective deviants weigh their own chance of gain against the risk of 3. Educable group - This group's I.Q. ranges from about 50 to about 75, and the
getting caught, and thereby decide a course of action. intellectual development is approximately 1/2 to 3/4 of that expected of a normal child
of the same chronological age. The degree of success or accomplishment that they will
Juveniles however do not always choose the most rational actions. There values are different from adult reach in life depends very much on the quality and type of education they receive, as
and their motives are different from an adult criminal. Adolescent are also notorious for not thinking well as on the treatment at home and in the community. Many of the educable
before they act. These actions which constitute delinquency may come as a result of acting against retardates may reach 5th or 6th grade educational level and can develop occupational
authority, or to rebel against cultural norms and goals. skills which may result in partial or complete economic independence in adulthood
4. Borderline or Low Normal Group - This is the highest group of mentally retarded,
SPECIAL CATEGORIES OF CHILDREN with I.Q.s from about 75 to about 89. The members of this classification are only
1. Dependent Child - one who is without parent, guardian or custodian or one who's parents, slightly retarded and they can usually get by in regular classes if they receive some
guardian or other custodian and is dependent to public for support. extra help, guidance and consideration. They have to spend much more time with their
2. Abandoned Child - is one who has no proper parental care or guardianship or whose parents studies than do most children in order to pass. Those who cannot make it are usually
or guardian have deserted him for a period of at least three continuous months which includes handicapped by one or more other conditions aside from that of intelligence.
a foundling. (RA 9523) ❑Physically handicapped children - Physically handicapped children are those who are crippled, deaf-
3. Neglected Child - refers to a child whose basic needs have been deliberately unattended or mute, blind, or otherwise defective which restricts their means of action on communication with others.
inadequately attended within a period of three (3) continuous months. Neglect may occur in ❑Emotionally disturbed children - Emotionally disturbed children are those who, although not
two (2) ways: afflicted with insanity or mental defect, are unable to maintain normal social relations with others and
a. There is physical neglect when the child is malnourished, ill-clad, and without proper the community in general due to emotional problems or complexes.
shelter. A child is unattended when left by himself/herself without proper provisions
❑Mentally ill children - Mentally ill children are those with any behavioral disorder, whether functional
and/or without proper supervision.
or organic, which is of such a degree of severity as to require professional help or hospitalization.
b. There is emotional neglect when the child is maltreated, raped, seduced, exploited,
overworked, or made to work under conditions not conducive to good health; or is
FACTORS AFFECTING JUVENILE DELINQUENCY
made to beg in the streets or public places; or when children are in moral danger, or
exposed to gambling, prostitution, and other vices. (RA 9523)
1. Individual Risk Factors
Individual psychological or behavioral risk factors that may make offending more likely include
❑Mentally Retarded Children intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and
✓Socially inadequate and incompetent, occupationally incompetent and unable to manage their restlessness. Children with low intelligence are likely to do worse in school. This may increase
own affairs. the chances of offending because low educational attainment, a low attachment to school, and
✓Mentally sub-normal low educational aspirations are all risk factors for offending in themselves. Children who
✓Retarded intellectually perform poorly at school are also more likely to truant, which is also linked to offending.
✓Retarded maturity 2. Family
The family is the first and the basic institution in our society for developing the child s potential,
✓Mentally deficient through hereditary or disease
“ in all its many aspects like emotional, intellectual, moral, and spiritual as well as physical
✓ Essentially incurable and social. It is within the family that the child must learn to curb his desires and to accept rules
that define the time, place and circumstances under acceptable ways. The following are some
❑Classification of Mental Retardation of the causes why some of the child becomes juvenile delinquent as influence their own family;
a. the faulty development of a child
1. Custodial group - The members of this classification are severely or profoundly b. lack of parental guidance
retarded, hence, the least capable group. This includes those with I.Q.S to 25. c. lack of love and the instinct of hate or anger due to unfair treatment
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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM
d. parental rejection
e. broken home
f. parental abuse or neglect
g. criminal parents or sibling

Take Note: Home is referred to as the cradle of human personality.

3. Environment
It is where the child influences after his first highly formative years. Youth in the community
turns to become delinquent with companions. Youth today accuse those ahead of them for
failure to define how to live both honorably and successfully in a world that is changing too
rapidly for anyone to comprehend. Together they now become a victim of their own
environment, their attitudes, dress, taste, ambitions, behavior are imitated or have been already
influence by those anti-social acts recognized in their environment. Some of these causes are
the following:
a. associations with criminal groups/gangs
b. alcoholism and drug addiction c
c. impulse of fear
d. crime inducing situation that caused criminalistic tendencies
e. imitated instinct like selfishness, violence and anti-social wishes.
4. School
A public instrument for training young people. It is more directly accessible to change through
the development of new resources and policies. And since it is a principal institution for
development of a basic commitment by young people to the goals and values of our society, it
is imperative that it be provided with the resources to compete with illegitimate attraction for
young people s allegiance. ’
➢ School Tracking – ability grouping or streaming. (Slavin) when children considered to be
slow learners are grouped, they come to see themselves in an unfavorable light and therefore
will result to dislike school, to truancy and even to delinquency.
➢ Grade retention (Smith and Shepard) – children make progress during retention but not as
much progress as similar children who were promoted.
✓ Alternatives to retention is tutor or summer class which are both effective and lest costly
✓ Yamamoto and Byrnes – children rated “Retention” as the most stressful event they could
suffer next to blindness or death of parents.

THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN

a. The Criminal Gang. Emerge in areas where conventional as well as non-conventional
values of behavior are integrated by a close connection of illegitimate and legitimate
businesses. This type of gang is stable than the ones to follow. Older criminals serve as role
models and they teach necessary criminal skills to the youngsters.
b. The conflict/violent gang. Non-stable and non-integrated, where there is an absence of
criminal organization resulting in instability. This gang aims to find reputation for
toughness and destructive violence.
c. The Retreatist Gang. Is equally unsuccessful in legitimate as well as illegitimate means.
They are known as double failures, thus retreating into a world of sex, drugs, and alcohol