CRIMINOLOGY 5

Juvenile Delinquency
and Juvenile Justice
System
 Juvenile Delinquency and Juvenile Justice
System
Juvenile it refers to a person of tender year.

Tender year is referring to minor, youth or those who are not emancipated by law.

America Philippines
Child Juvenile Child
Childs commits crime Juvenile Delinquent CICL/ Child in Conflict with the law
Child commits Status Offense Wayward Minor Child at risk

Emancipated- means a freedom from parental authority, both over his person and property, it happens
upon reaching the age of eighteen years with the exemption of the capacity to contract marriage.

RA 6809 - the law that lowered the age of majority from twenty one because there is amendments and
21 it lowered into eighteen for the purposes of E.O 209- Family code of the Philippines.

Juvenile delinquency it refers to an anti-social act or behavior which deviates from the normal pattern
of rules and regulations, custom and culture which society does not accept and which there justifies
some kind of punishment or corrective measures. A delinquent is one whose behavior has brought a
minor or child in repeated conflict with the law.

Juvenile delinquency is an act or omission committed by a minor which is not conformity with
the norms of society.

Any act, behavior or conduct which might be brought to court and judges whether such, is a
violation of a law.

Youth behavior which is against the norms and regulations of the society which if left unchecked
would give rise to criminality.

Norm it is the unwritten rule that the society created.

Delinquent- one whose behavior has brought him into repeated conflict with the law regardless
whether he has been taken before a court adjudged a delinquent.

One who has committed an offense that violated the approved norms of conduct and is guilty of
a misdeed? So again delinquent is a repeated conflict with the law.

Status offense- certain acts or omissions which may not be punishable socially or legally if committed by
adults but become anti-social or illegal because the offender is a minor, such as truancy, or frequent,
unreasonable absenteeism
Addition to status offense

-smoking and drinking alcohol.

-disobedience to parents, guardians or school officials

-mendicancy or begging in the streets

-association with delinquent gang.

They are called status offense.

ANTI-SOCIAL BEHAVIOR

Characterized by disobedience to, or disrespect for, authorities

PARENS PATRIAE (father of the country)

- The doctrine that does not consider delinquent acts as criminal violation, thus making
delinquents non-criminal persons and cannot be found guilty of a crime and punished like an
adult criminal.

- Views minor who violate the laws as victims of improper care, custody and treatment at home.

- Assumption by the state of the role of guardian over children whose parents are deemed
incapable or unworthy

- The authority of the state to act on behalf of the children.

Age of Majority

- -majority commences at the age of eighteen (18) years.

Different approaches in the Study of Delinquency

There is 3 approaches:
1. Biogenic approach- this gives an explanation that law violations and delinquency are result of
some physical defects.
2. Psychogenic approach- psycho means personality. It talks about the behavior of a person. The
critical factor in delinquency is personality problems to which misbehavior is presumed to be
response.
3. Sociogenic approach-attributes delinquency pattern to social structures views youthful misdeed
as a result of a learning process through interactions with other members of society.

Categories of children:
 1. Dependent-one who is without parent, guardian or custodian, or whose parents, guardian or
other custodian for good cause desire to relieved of his care and custody and is dependent upon
the public for support.

2. Abandoned child- One who had no proper parental care or guardianship or whose parents or
guardians have deserted him for a period of at least six consecutive months (PD 603)

PD 603 says that if a child has no parental care for at least 6 consecutive months a child is
considered as abandoned child as amended by RA 9523 a child is considered as abandoned if a
child has no parental care for at least 3 continuous months.

3. Mentally retarded-Socially incompetent, socially inadequate, occupationally incompetent and

unable to manage their own affairs

- Mentally subnormal

- Retarded intellectually from birth or early age

4. . Physically-handicapped -crippled, deaf-mute, blind and other conditions which restrict their
means of action or communication with others

5. Emotionally-disturbed.- those who, although not afflicted with insanity or mental defect, are
unable to maintain normal social relations with others and the community in general due to
emotional problems or complexes may be caused by traumatic experiences.

6. . Mentally-ill- mentally ill as in functional or organic, which is of such a degree of severity as to

require professional help or hospitalization.

Special classification of child

1. Mentally retarded-

- custodial (I.Q.25)

- Trainable (25-50) ¼ - ½ of average child

-Educable (50-75) ½-3/4 (up to 5-6th G)

-Borderline or low Normal (75 to about 89 requires some extra help.

2. Idiot- One whose mental condition is like to a person 2 years old below.

3. Moron – one whose mental condition is similar to that of seven years of age below. (Henry
Goddard the first person who used the word moron)

Crime Delinquency is a result of:

 1. Biochemical – views that crime and delinquency, especially violence is the result of diet, vitamin
intake, hormonal imbalance and other biological cause.

2. Neurological- explains that the crime and delinquency occur because the individual suffers from
brain impairment in the abnormality in the structure of the brain learning disabilities such as
attention deficit hyperactive disorder (ADHD) and minimum brain dysfunction are related to
antisocial behavior. This started during early childhood which is 2-6 years old.

3. Genetics- explains that delinquent traits and predisposition to criminality are inherited from
parents can predict delinquency of children supported by research on twin studies and adoption
studies.

CONTRIBUTORY FACTORS IN JEVENILE DELINQUENCY

1. Family- the first and the most basic institution of society responsible for developing a child’s
potential in all its aspects like physical, emotional, spiritual, moral, intellectual and social. Molds the
child to learn to curb his desires and to accept rules that define the time, place and circumstances
under which highly personal needs may be satisfied in socially acceptable ways.

Kinds of Family

1. Nuclear Family- consists of father, mother and children

2. Extended Family- consists of father, mother, children, grandparents, uncles and aunts, cousins,
nephews and nieces, and in-laws
3. Conjugal Family- Consist of Husband and Wife, but do not have children/children
2. School- considered the second home of a child, with teachers as the second parents institution
responsible for the training of young person’s intellectual, moral, as well as social skills which they
need for them to grow up as productive, law-abiding and responsible persons.
3. Environment- the culture, norms and behavior of the child’s surrounding’s may very well influence
the upbringing of the child especially during their formative years and such misbehavior learned is
likely to be carried on until the child’s maturity. Rampant drug addiction vices such as gambling and
drinking alcoholic beverages association with criminal groups or gangs , too much exposure to sex
and violence in movies, television print and internet.

HISTORY OF JUVENILE JUSTICE

The modern practice of legally separating adult and juvenile offenders can be traced back to two
developments in English (England) custom and law that occurred centuries ago.: the development of
POOR LAWS and the creation of English CHANCERY COURTS. Both were designed to allow the state to
take control of the lives of needy but not necessarily criminal children. This system was brought to the
United States where it was developed further until later it became the basis of the juvenile justice
system on the Philippines. (Principle of Parens Patriae)

POOR LAWS- in 1535, statutes which mandated the appointed of overseers who placed destitute or
neglected children with families who then trained them in AGRICULTURAL (Domets of France). Trade or
domestic services, this practice is called INDENTURE, IN 1601, a system was created wherein church
workers with the consent of justice of the peace identified vagrant, delinquent and neglected children
and took measures to put them to work; these children were placed in workhouses until their
adulthood.

CHANCERY COURTS

Protected the property rights and welfare of minor children who could not care for themselves

The courts dealt with issues of guardianship and the use and control of property

The courts operated under the parens patriae philosophy which held that children were under
the protective control of the state.

The first comprehensive juvenile court was established in Illinios in 1899 through passage of the Illinios
Juvenile Court Act of 1899 which set up an independent court under sixteen (16) years of age, as well as
to care for neglected, dependent, and wayward youths.

The purpose of the act was to separate juveniles from adult offenders and provide a legal
framework in which juveniles could get adequate care and custody.

Congress passed the Juvenile Justice and Delinquency Prevention Act of 1974 to identify the
needs of youths and to fund programs in juvenile justice system.

Juvenile court- a court that has original jurisdiction over persons defined by status as juvenile and
alleged to be delinquent or status offenders.

Development of Juvenile Justice in the Philippines

PD 603- Child and Youth Welfare Code

RA 6809 – Law amending the age of majority
E.O 209- The family code of the Philippines
RA 7610- Anti-Child Abuse Law
RA 8552- Domestic Adoption Act
RA 9208- Anti Trafficking in Persons Act
RA 9231- Law amending RA 7610 on working children
RA 9255- law on the use of fathers surname of illegitimate children
RA 9262- Anti Violence Against women and their Children Act
RA 9523- law amending the laws on adoption
RA 9344- Juvenile Justice Welfare Act
RA 9775- Anti-Child Pornography Welfare Act
RA 6369- The family courts act of 1997

IMPORTATNT PROVISIONS OF PD 603

PD 603- “CHILD AND YOUTH WELFARE CODE” (CYWC)
 Approved on 10 December 1974
 Effectively date is 10 June 1975 (six month after approval)
 shall apply to person under eighteen (18) years of age

PARENTAL AUTHORITY (PATRIA POTESTAS)

 The sum total rights of the rights of the parents over the person and property of their child
 The exercise of which has no distinction between a legitimates and an illegitimate child
 The mother and the mother shall exercise jointly just and reasonable parental authority and
responsibility over their legitimate or adopted children
 in case of death of either parent, the surviving parent shall exercise sole parental authority.
 In case of disagreement, the father’s decision shall prevail unless there is judicial order to the
contrary

PARENTAL RESPONSIBILITY
 The sum total of the students and obligations of parents over their minor children

LIABILITIES OF PARENTS
 Parents and guardians are responsible for the damage for the damage or injury caused by the
child under their parental authority
LEGAL CUSTODY
 In case of separation of parents, no child under SEVEN (7) YEARS OF AGE shall be separated
from his mother unless the court decides otherwise
GUARDIANSHIP
 A trust relation of the most sacred character, in which one person, called a guardian, acts for
another, called a ward, regarded as incapable of managing his own affairs.
TERMINATION OF PARENTAL AUTHORITY
1. Upon adoption;
2. Upon appointment of a guardian
3. Upon declaration of abandonment of the child; parental authority
4. Upon final judgment of a competent court divesting the party concerned of parental authority;
5. Upon judicial declaration of absence or incapacity of the person exercising
SUSPENSION OF PARENTAL AUTHORITY
1. conviction of a parent of a crime which carries with it the penalty of civil interdiction;
2. treating the child with excessive harshness or cruelty
3. giving the child corrupting, counsel or example
4. compelling the child to beg; and
5. subjecting the child allowing him to be subjected to acts of lasciviousness
LIABILITIES OFPARENTS
The parents and guardians are responsible for the damage or injury caused by the child under
their parental authority
LEGAL COSTUDY
 In case of separation of parents, no child under SEVEN (7) years of age shall be separated from
his mother unless the court decides otherwise

SUBSTITUTE PARENTAL AUTHORITY

 In case of absence of death of both parents, substitute parental authority shall be given to the
following priority: (GOR)
o Grandparents
o Oldest brother or sister at least 21 years of age
o Relative who has actual custody of the child/guardian duly appointed by the court

COMMENCEMENT OF CIVIL PERSONALITY

 The CIVIL PERSONALITY of the child shall commence from the MOMENT OF CONCEPTION

CONCEPTION
 The start of life
 The union of the sperm cell and the egg cell
 Also called the process of fertilization

CIVIL PERSONALITY
 Pertains to the identity and recognition of an individuals as person having rights
 Shall commence from the moment of conception, thus all children shall have the right to be
born and the right to live
ABORTION- The expulsion of the fetus from the mother’s womb

KIND OF ABORTION
1. CRIMINAL ABORTION
 Classified as intentional (art. 256) or unintentional (art. 257) as provided by the RPC
 Punishable by law
2. THERAPUTIC ABORTION
 Recommended and performed by a certified physician when there are health risks and
complications
 Not punishable by law (avoidance of greater injury)