Bataan Heroes College

Juvenile Delinquency and

Juvenile Justice System
Prepared by
LIAN CARLA C. LUZONG

Criminology Department

This module or any portion thereof may not be reproduced or used in any manner
whatsoever without the express written permission of the publisher except for educational
purposes but with a citation to this source.

For Permission : Contact Bataan Heroes College, Roman Super Hi-way, Balanga City,
Bataan, Philippines

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Criminology 5 (Juvenile Delinquency and Juvenile Justice System)
Lian Carla C. Luzong
Course Information
Course Title : Juvenile Delinquency and Juvenile Justice System
Program : BS Criminology
Course Code : Criminology 5
Credit Units : 3 Units
Pre-requisite/s : Criminology 1
Instructor Information

Name: Lian Carla C. Luzong

Contact Information

a. Number : 09774622204

b. Facebook Page : https://web.facebook.com/liancarla.luzong.5

c. Email : liancarla.lusong@heroes1979.edu.ph

Course Purpose and Description

This course deals with the etiology of delinquent, deviant behavior and factors that causes
juvenile delinquency; measures for deterrence and control of teenage crime; recognize the various
laws and provisions that protect the rights and welfare of children; theories of crime and
delinquency; the role of different agencies in handling child in conflict with the law; influence of
community institution; models of juvenile justice system in different perspective and its
relationship to Philippine Criminal Justice System as a whole; and the laws in relation to Juvenile
Delinquency.

Course Schedule
Intended Period Covered Assessment Learning Topic, Content
Learning Methods /Practice Delivery/
Outcomes Activities Exploratio n
Methods

Explains the Week 1 Performance Multi Media • Definition of

general Task, Presentation Juvenile
concept of Oral Lecture Delinquency
Juvenile Recitation,
Delinquency Essay
Writing,

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Lian Carla C. Luzong
including the Quizzes thru Interactive • History of
history of Google Forms Discussion Juvenile
Juvenile Delinquency
Delinquency • Personalities in
and the factors relation to
affecting Juvenile
Juvenile Delinquency
Delinquency • House of
Corrections for
Juvenile
Delinquent
• Significant
Cases
Concerning
Juvenile
Delinquency
• Types of
Delinquent
Youth
• Different
Approach
Toward
Delinquency
• Causes of
Behavioral
Disorders
Factors
Affecting
Juvenile
Delinquency

Explains each Week 2 Performance Multi Media • Social

theories and Task, Presentation Disorganization
procedure Oral Lecture Theory
applicable to Recitation, Interactive • Anomie Theory
the Essay Discussion • Strain Theory •
researches/cas Writing, Differential
e study on Quizzes thru Opportunity
Juvenile Google Forms Theory
related topics • Class Conflict
Theory
• Differential
Oppression
Theory
• Differential
Association
Theory

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Criminology 5 (Juvenile Delinquency and Juvenile Justice System)
Lian Carla C. Luzong
• Social Learning
Theory
• Drift Theory
(Neutralizati
on
Theory)
• Labeling
Theory
• Social Control
Theory
• Self-derogation
Theory
• Interactional
Theory
• Self-control
Theory
• Culture
Deviance
Theory
• Rational Choice
Theory
• Routine
Activities
Theory
• Learning
Theory

Week 3 Written and Midterm

Oral Test Assessment

Explain the Week 4 Performance Multi Media Salient Features

existing laws Task, Presentation of PD 603
and its salient Oral Lecture
provisions Recitation, Interactive
related to Essay Discussion
juvenile Writing,
delinquency Quizzes thru
and state the Google Forms
purpose of
each laws

Demonstrate Week 5 Performance Multi Media Salient Features

the Task, Presentation of R.A. No.
knowledge on Oral Lecture 9262
the laws that Recitation, Interactive
protects the Essay Discussion
right and Writing,
welfare of the Quizzes thru
minor Google Forms
 Explain the Week 6 Performance Multi Media • Important
existing laws Task, Presentation Features of

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Criminology 5 (Juvenile Delinquency and Juvenile Justice System)
Lian Carla C. Luzong
and its salient Oral Lecture Republic Act
provisions Recitation, Interactive No. 7610
related to Essay Discussion • Marriage and
juvenile Writing, Adoption
delinquency Quizzes thru Paternity And
and state the Google Forms Filiations
purpose of
each laws

•Explain the Week 7 Multi Media • Salient

Juvenil Justice Presentation Provisions of
Law and Lecture Republic Act
identify the Interactive 9344
proper Discussion
procedures in
handling
Child in
Conflict with
the law.

Explain the Week 8 Performance Multi Media Salient

Juvenil Justice Task, Presentation Provisions of
Law and Oral Lecture RA 10630
identify the Recitation, Interactive
proper Essay Discussion
procedures in Writing,
handling Quizzes thru
Child in Google Forms
Conflict with
the law.

Week 9 Written and Final Assessment

Oral Test

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Criminology 5 (Juvenile Delinquency and Juvenile Justice System)
Lian Carla C. Luzong
Module No.1
JUVENILE DELINQUENCY
OVERVIEW
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Criminology 5 (Juvenile Delinquency and Juvenile Justice System)
Lian Carla C. Luzong
Learning Objectives
1. Explains the general Concept of Juvenile Delinquency
2. Discuss the history of Juvenile Delinquency
3. Identify the significant cases concerning Juvenile Delinquency
4. Identify the different types of Juvenile Delinquent and explain the factors affecting
Juvenile Delinquency

JUVENILE DELINQUENCY OVERVIEW

What is Juvenile Delinquency?
It refers to an anti-social acts or behaviors committed by minors which are contrary to the norms of
the society. It involves oftentimes misdemeanors, but may include also offenses and felonies.
Take Note: Under RA 9344, juvenile delinquent are now called Child-in-Conflict with the Law. The use of
the word “juvenile”, “juvenile delinquent”, “youthful offender” or other similar terms against the child is
labeling or shaming punishable under this law.
Crime vs. Delinquency
• Crime is an act committed by an adult • Delinquency are acts committed by minors.

• An act that breaks criminal code which is • Acts that merely break 'cultural law' or
created by society through written law. norms.

• A person who committed a crime can be • A child is under the process known as
dealt with in accordance with the criminal juvenile justice system.
justice system

HISTORY OF JUVENILE DELINQUENCY

1. Code of Hammurabi – Oldest known code for thousand years ago dating from 2270 B.C used by society
to regulate behavior and at the same time punish those who disobeyed the rules. It established a social
order based on individual rights. It is the origin of the legal principle of “Lex Talionis” or “Lex
Taliones”, that is, an “Eye for an Eye”. During this times, in 1641, General Court of Massachusetts
passed the Stubborn Child Law, which stated that children who disobeyed their parents could be put
to death.

2. Roman Law and Canon (Church) Law – Approximately two thousand years ago, made distinction
between juveniles and adults based on the notion “Age of Responsibility”.

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3. Ancient Jewish Law – The Talmud specified condition under which immaturity was to be considered in
imposing punishment. There was no corporal punishment prior to puberty, which was considered to be
the age of twelve for females and thirteen for males. In addition, no capital punishment is to be imposed
on those offenders under twenty years of age.

4. Codification of Roman Law – In 5th century B.C., this law resulted in the “Twelve Tables”, which made it
clear that children were criminally responsible for violation of law and were to be dealt with by same
criminal justice system as adults. Under this law, children came to be classified as “Infans,” or
“Proximus Infantiae.” In general. “infans” (7 years old below) were not held criminally responsible, but
those approaching puberty (above 7 to 14 for boys and above 7 – 12 for girls) liability was based on
their capacity to understand the difference between right and wrong.

5. Anglo Saxon Common Law (Law based on custom or usage) - The distinction made between adult
and juvenile offenders in England at this time are most significant. Under common law, children under
the age of 7 were presumed incapable of forming criminal intent and therefore were not subject to
criminal sanctions. Children between 7 - 14 were not subject to criminal sanctions unless it could be
demonstrated that they had formed criminal intent, understood the consequences of their actions, and
could distinguish right from wrong (Blackstone 1803, 22-24). Children over 14 were treated much the
same as adults.

6. Middle of 19th century – The middle of the nineteenth century also included the child-saving movement.
Concerned citizens eventually formed a social activist group called Child Savers, who believed that
children were born good and became bad. Juvenile children were blamed on bad environments. The
best way to save children was to get them out of “bad” homes and placed in “good” ones. This lead to
the creation of the doctrine Parens Patriae.

Take Note: Parens Patriae is a 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. This doctrine viewed minors who violate the law as victims of improper care, custody
and treatment at home. Thus, in parents patriae, the State becomes the Father.

7. Poor Law Act of 1601 – Provided for involuntary separation of children from their impoverished parents,
and these children were then placed in bondage to local residents as apprentices.

In the Philippine Settings

8. Revised Penal Code

• During this time distinct circumstances of a delinquent are not taken into account. •
No Diversion
• Stigma of Criminality
• No provision for aftercare
• As young as 9 yrs. old can be incarcerated inside the jail

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9. PD 603 “ The Child and Youth Welfare Code” - Under the said law, a person who is over nine (9) but
under twenty-one (21) years of age at the time of the commission of the offense who committed a
crime is known as a YOUTHFUL OFFENDER.
Take note: This provision was later amended by PD 1179. Under the said law, it defines a youthful offender
as a child, minor or youth, including one who is emancipated in accordance with law who is over nine years
but under eighteen years of age at the time of the commission of the offense.

10. RA 9344 - 15 and below are exempted from criminal liability while over 15 and below 18 are likewise
exempted unless acted with discernment and this child are called “Child in Conflict with Law”

PERSONALITIES AND DATES

1. Pope Clement XI – In 1704 in Rome, established the Hospital of St. Michael’s, the first institution for the
treatment of juvenile offenders. The stated purpose of the hospital was to correct and instruct unruly
youth so they might become useful citizens.

2. Robert Young – In 1788 established the first private, separate institution for youthful offenders in
England. The goal of the institution was to educate and instruct in some useful trade or occupation the
children of convicts or such other infant poor as engaged in a vagrant and criminal course of life.

3. Albert K. Cohen – The first man who attempted to find out the process of beginning of the delinquent
subculture.

4. Kingwood Reformatory – This was established for the confinement of the “hordes of unruly children
who infested the streets of new industrial towns” of England.

5. New York Committee on Pauperism – In 1818, the committee gave the term “Juvenile Delinquency” Its
first public recognition by referring it as a major cause of pauperism.

6. 1899 – The first Juvenile or “family” court was established in Cook County Illinois.

7. 1899 – 1967 – This has been referred to as the era of “socialized juvenile justice”.

HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT

1. Bridewells
It was the first houses of corrections in England. They confined both children and adults considered
to be idle and disorderly.

2. Hospice of San Michele

Saint Michael was established in 1704. John Howard, a reformer, 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.
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3. House of Refuge
It was situated in New York in 1825. It was opened to house juvenile delinquents, who were
defined in its charter as "youths convicted of criminal offenses or found in vagrancy." By the middle of the
nineteenth century many states either built reform schools or converted their houses of refuge to reform
schools. The reform schools emphasized formal schooling, but they also retained large workshops and
continued the contract system of labor

SIGNIFICANT CASES CONCERNING JUVENILE DELINQUENCY

 1. In re: Winship
It established proof beyond a reasonable doubt as the standard for juvenile adjudication
proceedings, eliminating lesser standards such as a preponderance of the evidence, clear and
convincing proof and reasonable proof. They established that a jury trial is not a required part of
due process in the adjudication of the youth as delinquent by a juvenile court.

2. Breed v. Jones
It recognized that a juvenile cannot be adjudicated in a juvenile court and then tried for the
same offense in an adult criminal court (double jeopardy).

3. Kent v. United States

It provided the procedural requirements for waiver to criminal court as articulated by the
U.S. Supreme Court.

4. In re Gault (1967)
The Court held that juvenile courts must provide the basic procedural protection that the
Bill of Rights guarantee to adults, including timely advance notice of the charges, the right to either
retained or appointed counsel, confrontation and cross-examination of adverse witnesses, self
incrimination, and the right to remain silent. The opinion also rejected the basic premise of juvenile
court actions: that the proceedings are civil in nature and those minors' rights are adequately
protected by the judges acting as substitute parents.

5. 1977, American Bar Association

It endorsed decriminalization of status offenses, urging that juvenile delinquency liability
should include only such conduct as would be designated a crime if committed by an adult. In the
1980s many training schools and high-security institutions were built in rural areas or close to small
rural towns so the inmates could be trained in agriculture. The hope was that such training would
produce productive citizens.

6. Schall v. Martin (1984)

The Supreme Court upheld the state's right to place juveniles in preventive detention.
Preventive detention was perceived as fulfilling a legitimate state interest of protecting society and
juveniles by detaining those who might be dangerous to society or to themselves.
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TYPES OF DELINQUENT YOUTH

1. Social – an aggressive youth who resents the authority of anyone who make an effort to control his
behavior.

2. Neurotic – he has internalized his conflicts and preoccupied with his own feelings

3. Asocial – his delinquent at have a cold, brutal, fictious quality for which the youth feels no humors.
4. Accidental – he is less identifiable in his character, essentially socialize law abiding but too happens to
be at the wrong place at the wrong time and becomes involved in some delinquent act not typical of his
general behavior.

STAGES OF DELINQUENCY
 1. Emergence- the child begins with petty larceny between (8 and sometimes the 12th year.) 2.

Exploration -he or she then move on to shoplifting and vandalism between (ages 12 to 14.) 3.

Explosion - at age (13 up), there is a substantial increase in variety of seriousness. 4.

Conflagration - at around (15 up), four or more types of crimes are added.

5. Outburst - Those who continue on adulthood will progress into more sophisticated or more violent
forms of criminal behavior.

CLASSIFICATION OF DELINQUENCY

1. Unsocialized Aggression - Rejected or abandoned, NO parents to imitate and become

aggressive.

2. Socialize Delinquency - Membership of fraternities or groups that advocate bad things.

3. Over-Inhibited – Group secretly trained to do illegal activities, like marijuana cultivation.

DIFFERENT APPROACHES TOWARD DELINQUENCY

1. Biogenic Approach
Biogenic views the law-breaker as a person whose misconduct is the result of faulty biology. The
offender is a hereditary defective, suffers from endocrine imbalance or brain pathology, his or her body
structure and temperament pattern have produced the law breaking.
2. Psychogenic Approach
It tells us that the offender behaves as she or he does in response to psychological pathology of
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some kind. The critical casual factors in delinquency are – personality problems, to which juvenile
misbehavior is presume to be a response.
3. Sociogenic Approach
Sociogenic attributes the variations in delinquency pattern to influence social structures. They
account for individual offender by reference process, which go on in youth gangs, stigmatizing contacts with
social control agencies and other variables of that time.

CAUSES OF BEHAVIORAL DISORDERS

1. Predisposing Factor
Inclinations or inherited propensities, which cannot be, considered a criminal one unless there is a
probability that a crime will be committed.

2. Precipitating Factor
Elements which provokes crimes or factors that are signified to the everyday adjustments of an
individual, like personal problems, necessities, imitation, curiosity, ignorance, and diseases.

FACTORS AFFECTING JUVENILE DELINQUENCY

1. Individual Risk Factors

Individual psychological or behavioral risk factors that may make offending more likely
include intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and
restlessness. Children with low intelligence are likely to do worse in school. This may increase the
chances of offending because low educational attainment, a low attachment to school, and low
educational aspirations are all risk factors for offending in themselves. Children who perform poorly
at school are also more likely to truant, which is also linked to offending.

2. Family
The family is the first and the basic institution in our society for developing the child’s potential, in
all its many aspects like emotional, intellectual, moral, and spiritual as well as physical 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 of the causes
why some of the child becomes juvenile delinquent as influence their own family;
a. the faulty development of a child
b. lack of parental guidance
c. lack of love and the instinct of hate or anger due to unfair treatment
d. parental rejection
e. broken home
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f. parental abuse or neglect
g. criminal parents or siblings

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 becomes 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. impulse of fear
d. crime inducing situation that caused criminalistic tendencies
e. imitated instinct like selfishness, violence and anti-social wishes.

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.

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.
5. Other Department or Agencies of the Government
Some of the department and agencies of the government also create factors that influence
the youth to become delinquent, such as the following:
a. political interference of the higher positions
b. unfair decisions of the court

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c. police carelessness and unfair treatment
d. influence from the newspapers, movies, tv, radio, comic, and other magazine
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