Mutia, Aila G.

BS Criminology 2A

Difference between recidivism and habitual delinquency:

1.Nature of crime – in recidivism, the first crime, and the aggravated second crime are
embraced in the same Title of the Revised Penal Code. In habitual delinquency, the
first, second and third crimes must be a habitual- delinquency crime, and that is, serious
or less serious physical injuries, theft, robbery, estafa or falsification of document.

2.Time element – in recidivism, the accused was convicted of the first crime by final
judgment at the time of trial of the second crime. In habitual delinquency, the accused
was convicted of the first habitual-delinquency crime; within 10 years after conviction or
release, he was found guilty of habitual-delinquency crime for the second time; within
10years after conviction or release he was found guilty of habitual-delinquency crime for
the third time or oftener.

3.Number of crimes – in recidivism, there must be at least two crimes committed; while
in habitual delinquency, there must be at least three crimes committed.

Nature of the aggravating circumstance – recidivism is ordinary aggravating

circumstance, the presence of any which will trigger the application of the penalty for the
second crime committed in its maximum period unless it is off-set by a mitigating or
special aggravating circumstance, the presence of which will trigger the imposition of
additional penalty for the third or subsequent crime. This is not subject to the off-set
rule.

Youthful Offender

 A youthful offender is defined as a person who is between the ages of 16 and 19

years of age (16,17,18 and not yet 19) at the time they commit a crime.  It is designed to
give the young offender an opportunity to have a criminal conviction converted to a non-
criminal determination of youthful offender.

The youthful offender process begins when a youth who falls within the age category
comes before a court for arraignment.  The arraigning court, usually a local criminal
court, must make a preliminary determination that the defendant is an “Apparently
Eligible Youth”.  Once this initial determination is made, all proceedings, including the
arraignment, are closed to the public and no releases of the arrest or court proceedings
may be disclosed to the public, including the press.

The final youthful offender determination is not made until after there has been a
conviction of a crime, either by plea or trial.  Upon a judicial determination that a
youthful offender finding is appropriate based on the law and the particular
circumstances of the violator, all records of the arrest and proceedings are sealed and
no longer subject to public scrutiny or inspection, effectively shielding from any facts
showing the criminal conviction ever occurred.

Once a defendant has been granted youthful offender status, their criminal record is
sealed and may not be unsealed without the approval of the party or on an order of a
court.  This order is not granted lightly.  Effectively the defendant's criminal record of this
particular incident ceases to exist.  The youthful offender  if asked if they have ever
been convicted of a crime can, as to this particular incident, answer "no".  The criminal
conviction has been converted to a youthful offender determination.

Children in Conflict with the Law

A child in conflict with the law is a person who at the time of the commission of the
offense is below eighteen years old but not less than fifteen (15) years and one (1) day
old.
This Rule shall not apply to a person who at the time of the initial contact as defined in
Sec. 4(q) of this Rule shall have reached the age of eighteen (18) in which case, the
regular rules on criminal procedure shall apply without prejudice to the rights granted
under Secs. 53, 54, 55 and 56 of this Rule.

Section 2. Objective. – The objective of this Rule is to ensure that the justice system
treats every child in conflict with the law in a manner that recognizes and upholds
human dignity and worth, and instills in the child respect for the fundamental rights and
freedom of others. The Rule considers the developmental age of the child and the
desirability of the child's reintegration in and assumption of a constructive role in society
in accordance with the principles of balanced and restorative justice.

To attain this objective, the Rule seeks:

(a) To provide child-appropriate proceedings, including programs and services for crime
prevention, diversion, rehabilitation, re-integration and aftercare to ensure the normal
growth and development of the child in conflict with the law;

(b) To provide procedural rules dealing with children in conflict with the law that take into
account their distinctcircumstances, assure all parties of a fair hearing with each party's
constitutional and statutory rights recognized and respected, and ensure that
appropriate disposition measures are implemented by law enforcers, social services
and the courts;

(c) To divert from the formal justice system children in conflict with the law who can be
cared for or placed under community continuum alternative programs of treatment,
training and rehabilitation in conformity with the principles of balanced and restorative
justice;

(d) To deal with the child in a family environment whenever possible, and to separate
the child from the parents only when necessary for the child's welfare or in the interest
of public safety;

(e) To remove from children in conflict with the law the stigma of criminality and criminal
behavior;

(f) To promote, facilitate and implement in administrative and judicial proceedings

respect for the views of the child;

(g) To provide for the care, protection and wholesome moral, mental, and physical
development of children in conflict with the law; and

(h) To promote and protect the rights and interest of children as zones of peace in
situations of armed conflict, but who are alleged to be in conflict with the law.