Juvenile Delinquency
Direct - punishment is threatened or applied for
PD 603 - Child and Youth Welfare Code
RA 9262 - Anti Violence Against Women and their Children Act of 2004.
RA 9344 - Juvenile Justice and Welfare Act of 2006
Youthful offender - over 9 years old but under 18 years old at the time of
the commission of the offense.
Crime Theories Applicable to Juvenile Delinquency
1. Rational Choice - causes of crime lie within the
individual offender rather than in their external
environment.
2. Social Disorganization - absence or breakdown of
communal institutions and communal relationships
that traditionally encouraged cooperative
relationships among people.
Communal Institutions
1. Family
2. School
3. Church
4. Social Groups
3. Strain Theory - crime is caused by the difficulty of
those in poverty in achieving socially valued goals
by legitimate means.
4. Differential Association - young people are
motivated to commit crimes by delinquent peers
and learn criminal skills from them.
5. Labelling Theory - once a person is labeled criminal
they are more likely to offend. Once labeled as
deviant, a person may accept that role and more
likely to associate with others who have been
similarly labeled.
6. Social Control Theory - proposes that exploiting
the process of socialization and social learning
builds self control and can reduce the inclination
to indulge in behavior recognized as anti social.
Four Types of Control That Can Help Prevent Juvenile Delinquency
1.
wrongful behavior and compliance is rewarded by
parents, family and authority figures.
2. Internal - youth refrains from delinquency through
the conscience or super ego.
3. Indirect - by identification with those who
influence behavior because his/her delinquent act
might cause pain and disappointment to parents
and others with whom he/she has close
relationships.
4. Control - through needs satisfaction, if all
individuals needs are met, there is no point in
criminal activity.
Breed vs. Jones - A US court decision where it held that juveniles can not
be tried when acquitted in juvenile court then tried again in adult criminal
court. Double jeopardy applies to juveniles as well as adults.
Juvenile Delinquency - is the participation in illegal behavior by minors
who fall under a statutory limit.
Juvenile Delinquent - is a person who is typically under the age of 18 and
commits an act that otherwise would have been charged as a crime if they
were an adult.
Crimes Commonly Committed by Juvenile Delinquents
Status offenses - is an action that is prohibited only to a certain class of
people and most often applied to offenses only committed by minors.
Example, underage smoking.
Property crimes - is a category of crime that includes theft, robbery, motor
vehicle theft, arson, shop lifting and vandalism.
Violent Crime in which the offender uses or threatens to use violent force
upon the victim.
Age of Majority - is the threshold of adulthood as it is conceptualized,
recognized or declared by law. The vast majority of country including the
Philippines set majority age at 18.
Young Adult - a person between the ages of 20 and 40 whereas adolescent
is a person between the ages of 13 and 19.
Types/Categories of Juvenile Delinquency
Delinquency - crimes committed by minors which are dealt with by the
juvenile courts and justice system.
Criminal behavior - crimes dealt with by the criminal justice system.
status offenses - offenses which are only classified as such because one is a D. Adolescent In Conflict with the law
minor, such as truancy which is also dealt with by juvenile court.
Truancy - is any intentional unauthorized absence from compulsory 4. Known as the Juvenile Justice Welfare Act of 2006.
schooling. A. R.A. No. 7610
B. R.A. No. 9165
Vandalism - Ruthless destruction or spoiling of anything beautiful or C. R.A. No. 9344
venerable. The term includes criminal damage such as graffiti and D. R.A. No. 8344
defacement directed towards a property without the permission of the
owner. 5. Under the Juvenile Justice Welfare Act, Children under the
following age are exempted from criminal responsibility
Graffiti - is writing or drawings scribbled, scratched or sprayed illicitly on A. 9 yrs. and below as well as over 9 yrs. but below 15.
a wall or other surface in a public place. B. 12 yrs. and below as well as over 12 yrs. but below 15.
C. 15 yrs. and below as well as over 15 yrs. but below 21.
Defacement - refers to marking or removing the part of an object designed D. 15 yrs. and below as well as over 15 yrs. but below 18.
to hold the viewers attention.
6. The Mental Capacity of a child to understand the difference
Types of Offenders That Emerge in Adolescence between what is right or wrong and the consequences of
his acts.
Repeat Offender - (life-course-persistent offender) - begins offending or A. Motive
showing anti-social/aggressive behavior in adolescence or even childhood B. Discernment
and continuous in adulthood. C. Intent
Age Specific Offender (adolescence-limited offender) - juvenile offending D. Knowledge
or delinquency begins and ends during their period of adolescence.
7. An Alternative child-appropriate process of determining the
Juvenile Delinquency Reviewer 1 responsibility and treatment of a CICL.
1. A Person under the age of 18 years. A. Diversion
A. Child B. Parole
B. Teenager C. Probation
C. Adolescent D. Home Detention
D. Adult
8. Known as the Child and Youth Welfare Code.
2. Refers to a Child who is vulnerable to and at the risk of A. R.A. No 9344
committing criminal offenses because of personal, family, B. P.D. No. 603
social circumstances. C. R.A. No.7610
A. Teenager at Risk D. R.A. No. 8369
B. Minor at Risk
C. Child at Risk 9. Known as the The Special Protection of Children against
D. Adolescent at Risk Child abuse, Exploitation, and Discrimination Act of 1992.
A. R.A. No. 9344
3. Refers to a Child who is alleged as accused of or adjudged as B. R.A. No. 7610
having committed an offense under Philippine laws. C. R.A. No. 8369
A. Teenager In Conflict with the law D. P.D. No. 603
B. Minor In Conflict with the law
C. Child In Conflict with the law 10. An Act establishing family courts which grants family courts
 exclusive original jurisdiction over cases involving children. B. Juvenile Delinquent
A. R.A. No. 7610 C. Young Criminal
B. R.A. No. 8369 D. Minor Criminal
C. R.A. No. 9344
D. P.D. No. 603 5. The habitual committing of criminal acts or offenses by a young
person below the age at which ordinary criminal prosecution
Answer: is possible.
A. Juvenile Delinquency
1. A B. Juvenile Delinquent
2. C C. Children In Conflict With The Law
3. C D. Child Offender
4. C
5. D 6. The Age at which the rights and privileges of an adult are
6. B legally granted.
7. A A. Manhood
8. B B. Adolescence
9. B C. Adulthood
10. B D. Age Of Majority

Juvenile Delinquency Reviewer 2 7. An Action that is prohibited only to and most often applied
1. In applying the provisions of R.A. 9344, In case of a child in to offenses only committed by minors.
conflict with the law, It shall be construed A. Minor Offenses
A. Rigorously B. City Ordinances
B. Strictly C. Status Offenses
C. Liberally D. Misdemeanor
D. Stringently
8. The Period following the onset of puberty during which a
2. Refers to a principle which requires a process of resolving young person develops from a child into an adult.
conflicts with the maximum involvement of the victim, the A. Adolescence
offenders, and the community. B. Adulthood
A. Punitive Justice C. Teenager
B. Retributive Justice D. Manhood
C. Restorative Justice
D. Poetic Justice 9. The Period during which adolescents reach sexual maturity and
become capable of reproduction.
3. Justice attained by punishing or sanctioning the offender. A. Adulthood
A. Restorative Justice B. Puberty
B. Retributive Justice C. Teenager
C. Punitive Justice D. Majority
D. Poetic Justice
10. A Category of Crime that includes among others crimes,
4. A Person who acts illegally and is not old enough to be treated Robbery, Theft, Carnapping, Arson, Shoplifting, and Vandalism.
as an adult under the laws of the community. A. Minor Crimes
A. Juvenile Delinquency B. Status Offenses
 C. Violent Crime
D. Property Crimes 3. Youth Detention Home - refers to a 24-hour child-caring
institution managed by accredited local government units (LGU's)
11. A Crime in which the offender uses or threatens to use violent and licensed and/or accredited non-government organizations
force upon the victim. (NGO's) providing short-term residential care for children in
A. Status Offenses conflict with the law who are awaiting court disposition of their
B. Violent Crimes cases or transfer to other agencies or jurisdiction.
C. Serious Crimes
D. Major Crimes 4. Status Offenses - refers to offenses which discriminate only
against a child, while an adult does not suffer any penalty for
12. Any Intentional Unauthorized absence from compulsory committing similar acts. These shall include curfew violations,
schooling. truancy, parental disobedience and the like.
A. Truancy
B. Deviancy 5. Restorative Justice - refers to a principle which requires a
C. Kickout process of resolving conflicts with the maximum involvement of
D. Dropout the victim, the offender and the community.

6. Recognizance - refers to an undertaking in lieu of a bond

Answer: assumed by a parent or custodian who shall be responsible for
the appearance in court of the child in accordance with the law,
1. C when required.
2. C
3. B 7. Offense - refers to any act or omission whether punishable
4. B under special laws or the Revised Penal Code, as amended.
5. A
6. D 8. Law Enforcement Officer - refers to the person in authority or
7. C his/her agent as defined in Article 152 of the Revised Penal
8. A Code, including a barangay tanod.
9. B
10. D 9. Juvenile Justice and Welfare System - refers to a system
11. B dealing with children at risk and children in conflict with the law,
12. A which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration
Juvenile Delinquency Reviewer 3 and aftercare to ensure their normal growth and development.
Probable Sources of Board Exam Questions in Juvenile Delinquency
10. Intervention - refers to a series of activities which are designed
1. Victimless Crimes - refers to offenses where there is no to address issues that caused the child to commit an offense.
private offended party. It may take the form of an individualized treatment program
which may include counseling, skills training, education, and
2. Youth Rehabilitation Center - refers to a 24-hour residential care other activities that will enhance his/her psychological,
facility managed by the Department of Social Welfare and emotional and psycho-social well-being.
Development (DSWD), LGUs, licensed and/or accredited NGO's
monitored by the DSWD, which provides care, treatment and 11. Initial Contact With the Child - refers to the apprehension or
rehabilitation services for children in conflict with the law. taking into custody of a child in conflict with the law by law
 enforcement officers or private citizens.
12. Diversion Program - refers to the program that the child in
conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal
court proceedings.
13. Diversion - refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict
with the law on the basis of higher social, cultural, economic,
psychological or educational background without resorting to
formal court proceedings.
14. Deprivation of Liberty - refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child
in conflict with the law is not permitted to leave at will by order
of any judicial or administrative authority.
15. Court - refers to a family court or, in places where there are no
family courts, any regional trial court.
16. Community-based Programs - refers to the programs provided
in a community setting developed for purposes of intervention
and diversion, as well as rehabilitation of the child in conflict with
the law, for reintegration into his/her family and/or community.
17. Child in Conflict with the Law - refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense
under Philippine laws.
18. Child at Risk - refers to a child who is vulnerable to and at the
risk of committing criminal offenses because of personal, family
and social circumstances.
19. Child - refers to a person under the age of eighteen (18) years.
20. Best Interest of the Child - refers to the totality of the
circumstances and conditions which are most congenial to
the survival, protection and feelings of security of the child and
most encouraging to the child's physical, psychological and
emotional development. It also means the least detrimental
available alternative for safeguarding the growth and
development of the child.
21. Bail - refers to the security given for the release of the person
in custody of the law, furnished by him/her or a bondsman, to
guarantee his/her appearance before any court. Bail may be
given in the form of corporate security, property bond, cash
deposit, or recognizance.
22. R.A. No. 9344 - The Act creating the Juvenile Justice and
Welfare Act of 2006.
23. Article 40 of the United Nations Convention on the Rights of the
Child - the State recognizes the right of every child alleged as,
accused of, adjudged, or recognized as, having infringed the
penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her
reintegration.
24. R.A. No. 9344 should be construed liberally in favor of the child
in conflict with the law.
Juvenile Delinquency Reviewer 4
Juvenile Delinquency Definition of Terms
1. Adjudicated delinquent: A youth who has been found by a judge
in juvenile court to have committed a violation of the criminal law,
that is, a delinquent act. The judge can formally adjudicate the
youth as an initial step before imposing a disposition
(a sentence or punishment), or the judge can decide not to
adjudicate the youth and instead impose conditions that, if met,
will result in dismissal of the charges.
2. Adjudicatory hearing: The fact finding (trial) phase of a juvenile
case in which a judge receives and weighs evidence before
deciding whether a delinquency or status offense has been
proven beyond a reasonable doubt.
3. Aggravating factors: Factors to be considered that may increase
the seriousness of the offense, such as prior offenses, weapon
use, heinous nature of crime, and threats to victims or witnesses.
4. Arrest: A law enforcement officer charges an offender with a
criminal act or violation of law and takes the offender into
custody based on probable cause.

5. Conflict resolution: Use of communication skills and creative
thinking to develop voluntary solutions that are acceptable to
disputants.
6. Continuum of care: A broad array of juvenile justice programs
and services ranging from prevention programs for young
children and youth at risk of delinquency to intervention programs
serving high-risk youth in secure residential settings.
7. Curfew: A local ordinance that requires, under specific conditions
and exceptions, a specific group of persons (usually juveniles
under a certain age) to refrain from unsupervised activities after a
designated hour within the confines of a selected area, city,
or county.
8. Custody; Taken into custody: Being in the care of a criminal or
juvenile justice agency or official or being taken into custody by
a law enforcement officer pursuant to the laws of arrest if the
juvenile were an adult and the offense is criminal in nature.
9. Delinquency prevention programs: Programs and services
designed to keep at-risk youth from entering the juvenile justice
system.
10. Delinquent act: Any act committed by a youth that would be a
criminal violation if committed by an adult.
11. Delinquent juvenile: A youth who has been found responsible for
having committed a delinquent act--the equivalent of being
found guilty of a criminal offense.
12. Detention: In custody (secure, non-secure, or home
confinement) while awaiting an adjudication hearing, disposition,
or commitment placement.
13. Detention hearing: A judicial hearing generally required to be
held within 72 hours of a youth being taken into custody, at
which point the court determines whether (1) there is probable
cause to believe that the youth has committed a delinquent act
or a court order exists that requires the continued detention of
the youth, and (2) continued detention is required pending an
adjudicatory hearing.
14. Disposition hearing: The hearing in a juvenile case (like a
sentencing hearing in criminal court) at which the court receives
a predisposition report containing information and
recommendations to help determine the appropriate sanction.
These sanctions can include probation, commitment to the
custody of the state's department of juvenile justice, or
community-based sanctions.
15. Diversion: A process by which a youth is channeled from the
juvenile justice system. Examples are Informal Adjustment,
Truancy Court, etc.
16. Intake: The process used for every youth referred to juvenile
court. Intake involves screening each youth to determine the
appropriateness for release or referral to a diversionary program
or agency for nonofficial or no judicial handling. This screening
also identifies the presence of medical, psychiatric,
psychological, substance abuse, and educational problems or
other conditions that may have caused the youth to come to
the attention of law enforcement or intake. Intake includes initial
screening of a status offender to determine the recommended
action to be taken in the best interests of the youth, the family,
and the community.
17. Juvenile delinquency program: Any program or activity related
to juvenile delinquency prevention, control, diversion,
intervention, treatment, rehabilitation, planning, education,
training, and research.
18. Mediation: A process by which a neutral third person, or
mediator, encourages and facilitates the resolution of a dispute
between two or more parties. It is an informal process designed
to help the disputants reach a mutually acceptable and voluntary
agreement. Decision making authority rests with the parties.
The role of the mediator includes, but is not limited to, helping
the parties identify issues, fostering joint problem solving, and
exploring settlement alternatives.
19. Mentoring: Generally involves providing support and guidance to
and spending time on a regular basis with a youth. Mentoring
activities can include participating in sports, playing games,
shopping, taking hikes, helping with homework, and
doing chores.
20. Protective factors: Factors that help to reduce the impact of
risk factors in a young person's life.
21. Risk factors: Certain problem behaviors present risk factors in
a young person's life that may contribute to later delinquency.
A few examples include the availability of drugs and firearms in
the community, family conflict, and friends who engage in
problem behaviors.
22. Status offenses: Non-criminal offenses only applicable to
children--for example, being truant, running away from home,
possessing alcohol or cigarettes, or violating curfew.
23. Truant: A young person who is absent from school without
permission or authorization.
24. Victimization: The result of a planned or accidental act that
causes physical or psychological harm.
25. Violent crime: Crimes of violence include rape, robbery,
assault, or murder.
Juvenile Delinquency Definition Of Terms
4 Major Theories That Explain Existence Of Delinquency
Demonological/Pre-Classical – Possessed by spirits – before.
Classical
Positivist
Gotical
Abandoned Child – Is one who has no proper parental care or
guardianship or whose parents or guardians have deserted him for a
period of at least 6 continuous months.
Age Of Enlightenment – 18th century.
Borstals – Youth Custody Centers and detention center.
Cesare Lombroso – Father of Criminology.
Common Detected Young Persons Crime
Shoplifting
Crimes Of Violence
Crime Rate – Population X 100%
--------------
Crime Volume
Critical Theory – explains that delinquency is the by product of social
arrangement.
Defendant Child – Is one who is without a parent, guardian or other
custodian or one whose parents, guardian or other custodian for good
cause desires to be relieved of his care and custody.
Delinquency – Acts against norms, mores of society.
Deviancy – Is a stage of human existence where one has ceased to believe
in love whereby the child ends up bitter, empty, lonely, resentful and in
most cases emotionally infantile.
Edwin Schur – Radical Non Intervention – if a child commits an offense,
he should be left alone.
Emancipation – Liberty from parental authority.
Emotionally Disturbed Children – Are 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 and complexes.
Epideology –Transmission.
Etiology – Delinquency
Family Home – Constituted jointly by the husband and the wife or by
unmarried head of a family, is the dwelling house where they and their
family reside and the land on which it is situated.
Hedonism – Pleasure, highest goal of man's life.
Hedonistic Calculus – Process of weighing pleasure and pain.
Idea Of Determination – Any act committed awaits an explanation to the
natural world.
Jeremy Bentham – Introduced punishment of imprisonment.
JJS – Juvenile Justice System
Juvenile – person/Minors/Youth whose mental and emotional faculty has
not been fully developed. Proponents Of Positivist/Italian Theory
Cesare Lombroso
Juvenile Delinquent – Person commits any act of delinquency. Enrico ferri
Rafael Garofalo
Juvenile Diversion – Offender is removed from JJS and diverted to other
government programs. RA 6809 – 18 years old - age of majority.

Labelling Theory - RA 8669 – Law which created the family court.

Internationalist Perspective – any youth who commits a crime should be
left alone Truancy – Frequent Absences
Social Perspective
Types Of Delinquents
Neglected Child – is one whose basic needs have been deliberately Occasional Delinquent
unattended or inadequately attended. The Gang Delinquent
Mal Adjusted delinquent
Neo-Classical Theory – Modified the classical theory, excepted the child
and lunatics from punishment. Welfare Model – Is the positivistic approach which holds that young
offenders should be helped rather than punished.
Parental Authority/Partia Potestos – Rights and obligations which parents
have in relation to the persons and property of their children until their William Bonger – Social Conflict Theory – society is composed of the
emancipation and even after this under certain circumstances. ruling class and the ruled class.

PD 603 – Child and Youth Welfare Code – Approval – Dec.10, 1974 Young Offenders Fall Into Two Categories
Juveniles
Effectivity – June 10, 1975 Young Adults – at least 17

Police – Prime mover of JJS Youthful Offender – below 18 years old.

- Backbone of CJS
Poverty – Means the condition of that group whose income is low,
therefore, the standard of living is not enough to maintain normal health
and efficiency.
- Is one who is over 9 years but under 18 years of age at
the time of the commission of the offense.
Zones Of Peace – Children trapped in an armed conflict based on RA 7610.

Some Causes of Poverty Which Could Be One Of The Causes Of Crime

Physical Environment
Unfavorable Economic Condition
Social Environment
Defects in Government
Defects in Education

Proponent of Classical Theory

Jeremy Bentham
Cesare Beccaria