Professional Documents
Culture Documents
Crim 5
Crim 5
Juvenile
a child or a young person, who under the legal age
system maybe dealt with for an offense in a manner
different from that of an adult
A "juvenile" is a person who has not attained his
eighteenth birthday.
Cont…
Delinquency
refers to the failure to perform an act required by law,
or the non-performance of a duty or obligation that is
mandated by existing law or rule.
A delinquency refers to any action; course or conduct
that deviate from acts approved by the majority of the
people.
It is a description of acts that do not conform to the
accepted rules, norms and mores of the society.
Juvenile Delinquency
It is use to describe a large number of disapproved
behaviours of children or youth. In this sense anything
that the youth does which other do not like is called
Juvenile Delinquency.
conduct by a juvenile characterized by antisocial
behaviour that is beyond parental control and
therefore subject to legal action
Other terminologies
Child
a person who is below 18 years of age. A minor or youth, a boy or girl at any
age between infancy and adolescence .
A person who is below 18 years old or those over but unable to fully take
care of themselves from abuse, neglect, cruelty, exploitation or
discrimination because of physical or mental disability or condition
Cont…
Child at risk
it refers to a child who is vulnerable to and at risk of
committing criminal offenses because of personal,
family and social circumstances.
Dependent Child
A person who is without a parent, guardian or
custodian, or whose parents, guardian or custodian for
good cause desires to be relieved of his care and
custody, and dependent upon the public for support.
Cont…
Neglected child
A person whose basic needs have been deliberately
unattended to or inadequately attended to, physically
or emotionally, by his parents or guardian.
Physical neglect – it occurs when the child is
malnourished, ill and without proper shelter
Emotional neglect – Emotional neglect can be
defined as a relationship pattern in which an
individual’s affectional needs are consistently
disregarded, ignored, invalidated, or
unappreciated by a significant other.
Cont…
Abandoned child
means a child whose parents, guardian, or custodian
deserted him or her for a period such a length of time
and under such circumstances as to show an intent to
evade the duty of rearing him or her or a reckless
disregard for his or her needs.
Involuntary committed child
A person whose parents, have been permanently and
judicially deprived of parental authority due to
abandonment; substantial, continuous or repeated
neglect; abuse or incompetence to discharge parental
responsibility.
Cont…
Voluntarily committed child
A person whose parents knowingly and unwillingly
relinquished parental authority to the department or
any duly licensed child-placement or child-caring
agency or individual.
Guardian Ad Litem.
A person appointed by a court as guardian of an infant or other person to
act on his or her behalf in a particular action or proceeding.
Cont…
Parens patriae
the government, or any other authority, regarded as the legal protector of
citizens unable to protect themselves.
Discernment
It refers to the mental capacity to understand the difference between right
and wrong and its consequences.
Cont…
Bahay Pag-asa
refers to a 24-hour child-caring institution established,
funded and managed by local government units (LGUs)
and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential
care for children in conflict with the law who are above
fifteen (15) but below eighteen (18) years of age who are
awaiting court disposition of their cases or transfer to
other agencies or jurisdiction.
Rule 192, 193, 194 and 195 was specifically aimed at children who disobeyed
their parents.
Cont…
Rule 192. If an adopted son says to his adoptive father or mother: "You are
not my father, or my mother," his tongue shall be cut off.
Rule 193. If the son of a paramour or a prostitute desire his father's house,
and desert his adoptive father and adoptive mother, and goes to his
father's house, then shall his eye be put out.
Cont…
Rule 194. If a man gives his child to a nurse and the child dies in her
hands, but the nurse unbeknownst to the father and mother has been
nursing another child, then they shall convict her of having nursed
another child without the knowledge of the father and mother and her
breasts shall be cut off.
195. If a son strikes his father, his hands shall be cut off.
THE GREEK EMPIRE
The Greek empire covered the years between the sixth and third century
B.C and Juvenile Behaviour was considered to be a serious problem.
WEAK HIGH
RAPID SOCIAL DELINQUENCY
COMMUNITY DELINQUENCY
CHANGE TRADITIONS
CONTROLS AREAS
DELINQUENCY
Edwin Sutherland contributions to delinquency is
his theory of differential association.
The likelihood of a youth becoming delinquent is
determined by his or her interactions with both
conventional and criminal association.
If a child has more contacts supporting criminal
conduct than opposing it, he or she will more likely to
commit crime than someone who has more positive
than negative association.
Walter Miller contributions to deviance theory is explaining gang
delinquency
Miller blame delinquency on two structural features of the lower-
class;
- focal concern and
- female based households.
Focal concern
Lower-class culture revolves around six focal concern or values,
which guide behaviour.
1. Autonomy – describes the resistance of lower class
youths to having their lives controlled by others
2. Excitement – is the search for thrills, danger, or risk
that often occurs as a result of excessive drinking,
gambling and promiscuous sexual relationship.
3. Fate – is the lower class belief that forces beyond
their control determine their lives
4. Smartness – is the ability to avoid being outfoxed.
5. Toughness – is a physical prowess that is often displayed
through machismo (Masculinity)
6. Trouble – is the most important concern.
Female based-household
Female based household and serial monogamy characterized lower-class
families. Miller believes that boys grow up with the traditional belief that a
boy should not be told what to do by his mother, aunt, or older sister. With
no fathers or no father figures present, however, lower class boys are subject
to the control and authority of women, resenting this, they seek the
company of males who congregate on the street corner or in the other
gathering places.
-mapping delinquency theory; Walter Miller
Focal Behavior is
Sex-role
concern + All-male peer consistent
problems for
female based groups with focal
boys
household concerns
delinquency
STRAIN THEORY
Cultural
goals Differential Blocked
+ access to access to delinquency
Strain
Legitimate legitimate cultural
means means goals
Cloward and Ohlin wrote Delinquency and Opportunity: A Theory of
Delinquent Gangs, which rejected the prevailing assumption that
delinquency resulted from irresponsibility of youths and argued that it
was a symptom of poverty and the lack of alternative opportunities caused
by poverty.
Albert Cohen wrote about delinquent gangs and suggested in
his theoretical discussion how such gangs attempted to
"replace" society's common norms and values with their own
sub-cultures. He proposed two basic ideologies, status
frustration and reaction formation
Cohen believed that lower-class parents do not adequately
socialize children efficiently in terms of widely accepted
values.
In school, children compete for status from teachers who use a
middle-class measuring rod to evaluate them.
Lower-class children often end up at the bottom of the status
ladder, causing strain that leads them to join together and
form gangs, which lead to delinquency
Mapping delinquency theory; Albert Cohen
Self image
Turn middle
enhance by
delinquency class values
breaking middle
upside down
class rules
Robert Agnew introduced the general strain theory, in which he
identified many more conditions that if left unchecked would cause
frustration for children
Agnew thinks traditional strain theory is limited because it only
identifies one or two sources of strain; economic failure and/or
poor school performance
Strain might come from other sources. Teenagers may
experience strain in response to doing poorly in an
athletic event, being fired from a job, or being
dumped by a boyfriend or girlfriend.
Agnew suggested that many different sources of stress
trigger a negative emotion. Whether strain leads to
delinquency depends on conditioning factors the
children possess, such as coping skills and intelligence.
Children having fewer coping skills are more likely to
commit crime.
Mapping delinquency theory; Robert Agnew
Weak
conditioning delinquency
factors
Conditioning
Negative
strain factors
emotion
activated
Strong
conditioning Conformity
factors
Social control theory
Social control theory can be traced to 17th century philosopher Thomas
Hobbes contends that humans are aggressive, argumentative, shy
creatures in search of glory that naturally use violence to dominate other
people, their spouses, and children.
This profile was a quality of all people, not simply criminals.
To create order the state needed to strike fear into their hearts and punish
them severely when they broke the Law.
Twentieth century criminologist expanded upon Hobbes’ ideas and
created Social Control Theory
These theorist assumed that without controls children would break the
law.
Delinquency was expected behaviour, rather than look for factors that
push children into crime, the purpose of social control theory is to
identify the factors that stop or prevent children from participating in
delinquency in the first place
In social control theory, what must be explained is why most children
conform to society’s rules most of the time. It is taken for granted that
children break the rules.
In the 1950s, social control theory was introduced to American
criminology. The first criminology to do so was Walter Reckless,
superseded by David Matza, Travis Hirschi, and Michael Gottfredson.
Containment theory (Walter Reckless)
He was curious to know why some boys living in a high delinquency rate
neighborhoods did not commit crime
Walter Reckless developed containment theory, in which he focused on
the child’s self-concept
Reckless concluded that what separated good boys from deliquents was
that good boys had strong concepts
Reckless identified pressures and pulls that influence whether a child
will become delinquent
Outer pulls or environmental Factors (living condition, poverty,
unemployment)
Inner pushes or psychological and biological factors (Drives and motives,
frustration, hostility, feeling of inferiority, brain damage)
External containment (outer controls)
Internal containment (inner control)
Techniques of Neutralization (David Matza)
Matza suggested that children are neither committed
nor compelled to delinquency, and delinquents feel
guilty about their misdeeds.
Matza believes that for juveniles to feel better about
themselves, they turn to techniques of neutralization
to reduce guilt and justify their delinquencies.
Five techniques of Neutralization
Denial of Responsibility is a technique to blame the delinquent
act on an outside force. They may blame their delinquency on
growing up in an abusive family, a bad neighborhood, or delinquent
peers.
Denial of injury occurs when the criminal act does not seem to
hurt anyone; no one was seriously injured.
Denial of victims is used when juvenile believes what he or she did
was right under the circumstances. The victim had it coming
Condemnation of condemners take place when children want to
ship blame from their own illegal behavior to the behavior of others.
They will try to create a negative image about those who are being
critical to them.
Appeal to higher loyalty is used when juveniles feel they must
break the law to benefit their friends, family, or other group they are
closely tied to.
Social bond theory (Travis Hirschi)
Hirschi argued that no one should be surprized by
delinquency because it is something all adolescents
will do unless obstacle are thrown in their pat.
These obstacle are chiefly attitudes that are implanted
quite effectively in most children but less so in others.
These others have relatively weak bonds to society,
their not set firmly against delinquent activities.
Hirschi’s version of social control theory is called
social bond theory
A bond describes a person’s connection to society. It consist of four
elements; attachment, commitment involvement belief
For every child, each component of the social bond forms its own
continuum. When the continua are merged, they provide a gauge of how
strong a child is tied to society.
The stronger the bond, the less likely the youth will commit crime.
The best predictor of delinquent behavior is a child’s attachment to
parents, schools, and peers (the primary agents of socialization).
Children who are strongly tied to parents are less likely to become
delinquent;
These children avoid delinquency because such behavior will jeopardize
their parents affection.
Self Control Theory (Michael Gottfredson and
Travis Hirschi)
This theory believed that delinquents have low self-
control that can be traced to early childhood
experiences.
Parents who do not supervise their children, who do
not recognize when their children are behaving badly,
and who do not punish poor behavior promote low self
control in their children.