TARABA STATE UNIVERSITY

P.M.B 1167, JALINGO

FACULTY OF SOCIAL SCIENCES

DEPARTMENT OF SOCIOLOGY

DIPLOMA 1
LECTURE MATERIAL
ON

DCS 108: JUVENILE DELINQUENCY

COMPILED BY: MR. BASHIR ALI WAZIRI

COURSE OUTLINES:

1. Delinquency and crime

2. Approaches to juvenile delinquency
3. Theories of delinquency
(a) Sub-cultural theories
(b) Family and the home theories
4. The juvenile courts
5. Comparison of juvenile and criminal courts
6. Institutional treatment of juvenile delinquents
a. Approved schools
b. Borstals
c. Remand homes/centres
7. Non-institutional treatment of juvenile delinquency
i. Probation
ii. Flogging
iii. Fines
iv.Repatriation

INTRODUCTION

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In the realm of the social scientific community, the interwoven tripod of crime,
deviance and delinquency are regarded as social phenomena; they are value-laden
concepts which are relative, in another sense, from time to time, place to place and
person to person. These phenomena are contextual and circumstantial when trying to
situate them in a complex and dynamic cultural, social, economic and political system.
Crime, deviance and delinquency are variously defined in many different ways and
therefore can be situated within a particular context for better understanding. However,
the commission of crime, deviance and delinquency together with their prevention and
control are largely the product of the society and each has to be evidential. Crime
prevention and control must be evidence-based for any meaningful impact on
implementation of policies and should also meet international bench marks as
prerequisites for a sustainable social system as the new policy on crime prevention and
control integrates with other policies in the ecosystem. Crime as a social phenomenon
is any wrong done involving breach of a legal order; it has criminal consequences
attached to it and the possibility of punishment being imposed on the wrong doer.
Generally speaking, however, all societies have certain norms, value, beliefs system,
customs and traditions which are socially constructed and implicitly accepted by its
members as conducive for their well-being and the sustainability of the ecosystem.
Infringement of these cherished norms and customs is labelled anti-social; deviant
behaviour and/or crime in some respects, and all depend on the context in which the
individual offence happened. In deviant behaviour, the act committed must be
witnessed by people who after witnessing and perceiving the act to be deviant must
report to others. The persons whom they report to must also label the act as deviant. In
contrast to crime, the legal dimension defines crime as any form of conduct which is
declared to be socially harmful by a state and as such forbidden by the law under threat
of some punishment.
DELINQUENCY AND CRIME

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Delinquency, criminal behaviour especially that carried out by a juvenile. Depending
on the nation of origin, a juvenile becomes an adult anywhere between the ages of 15
to 18, although the age is sometimes lowered for murder and other serious crimes.
Delinquency implies conduct that does not conform to the legal or moral standards of
society; it usually applies only to acts that, if performed by an adult, would be termed
criminal. It is thus distinguished from a status offense, a term applied in the United
States and other national legal systems to acts considered wrongful when committed
by a juvenile but not when committed by an adult.
In Western countries, delinquent behaviour is most common in the 14- to 15-year-old
age group. At age 14, most delinquent conduct involves minor theft. By age 16 or 17,
more violent and dangerous acts, including assault and the use of a weapon, become
prevalent. Most delinquents do not continue this behaviour into their adult life, for, as
the circumstances of their lives change and they get a job, marry, or simply mature out
of their turbulent adolescence, their conduct usually falls in line with societal
standards. Although the evidence is ambiguous, most delinquents adjust to a
noncriminal life, yet the proportion of delinquents who become criminals is higher
than that of non-delinquents.
Crime and juvenile delinquency are not present day phenomena: they have always
existed and always will. What is possible is that their extent can be controlled. If one
talks in terms of wider origins of criminal behaviour, one has to think of human nature
which contains these impulses, and we require a set of restraining institutions, for
internal as well as external controls. When the family, the school, the local community
are not operating effectively or are disrupted, these impulses are likely to get a free
play. Again, when the agencies or criminal justice system are inadequate or ineffective,
some people get freed from moral sensibilities. More and better law enforcement, more
and better prepared policemen and the application of men and scientific methods of
crime detection are at least partial answers to the problems of crime and delinquency.

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If detections are almost certain, court proceedings swift and punishments appropriate,
it is possible that many a person would avoid criminal behaviour. Also, there is
abundant need to strike at poverty and its related ills to reduce that problem. Family
relationships require strengthening and children should have wholesome and
constructive outlets for play. They should be kept away from forming undesirable
habits and companionships. Though it is not guaranteed, it can be said that the more
opportunities for wholesome use of leisure in childhood, the less likelihood there is of
indulgence in delinquency.
Concurrently, we will need to deal with those found guilty in a manner that they are
helped to improve their conduct through counseling, education and furthering
occupational skills so that they do not offend again. These intentions are being
translated into action through the correctional institutions—children’s institutions,
brothels, and prisons—as well as through non-institutional processes of probation,
parole/license, and aftercare. However, much more inputs of qualified men and
adequate material resources are required if we have to achieve substantial gains in
reforming and rehabilitating juvenile delinquents and adult criminals.
Similarly, John E. Conklin (1998) posits that a study of juvenile delinquency carried
out by Lamar Empey and Steven Lubeck (1971) found some support for social control
theory of juvenile delinquency by Hirsch which they reinforced. It found some group
of boys who had been labelled ‘delinquent’ in juvenile court and another group of boys
who had not been so labelled. They combined the two groups then searched for the
common factors that distinguished the delinquent from non-delinquent boys. This kind
of study is called ‘comparative study’ and it may also take the form of experimentation
in social scientific investigation. Empey and Lubeck concluded their study by
deducing that lower class status reduces school attachment which produces strains that
eventually lead to identification with peers and this in turn draw boys into delinquency.
Lack of integration into institutions such as family and low performance in schools

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coupled with lack of harmony at family levels and broken homes are likely factors that
lead to juvenile delinquency as noted by Conklin (1998).
Whenever people get together to satisfy individual and group needs, they set limits and
make rules to regulate behaviour. Wherever there have been rules and regulations,
there have also been individuals who have not followed the permitted conduct. Every
society, in the process of growth, develops certain values and norms for expected
behaviour. Some of these norms later get codified into laws. Their violations become
punishable by the state. The term ‘crime’ means a form of anti-social behaviour that
violates public sentiment to such an extent that is forbidden by law. A crime is an act
which the public regards as dangerous and condemns and punishes the perpetrator of
such an act. Crime thus represents a specialised portion of the totality of undesirable
behaviour. There is a large field of unethical conduct which is not punishable by law.
Such behaviour is left to the control of the public. The borderline between crime and
unethical or immoral behaviour is little. Acts which in some countries are regarded as
crimes, are viewed as only unethical in others. Only when such practices are
considered dangerous enough to call for legislative action, they do qualify to be called
crimes in any society. For example buying or selling liquor may be a crime in one state
in India while it is not the same in other states. Excessive drinking, though considered
unacceptable will not be a legal wrong, where drinking liquor is otherwise permitted.
Failure to honour one’s parents will be unethical but not a legal wrong i.e., crime.
APPROACHES TO JUVENILE DELINQUENCY
Juvenile delinquency is a social problem because a significant number of people find
faults with the behaviour of children in the society. Paul Tappan provided the legalistic
definition of Juvenile delinquency. According to Paul Tappan 1949, cited in Regoli
and Hewitt,1991, delinquency is any act, course or conduct, or situation which might
be brought before the court and adjudicated; whether in fact it comes to be treated
there or by some other resource or indeed remains untreated. He adds that Juvenile

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delinquent is a person who has been adjudicated as such by a court of proper
jurisdiction though he may be no different, up until the time of court contact and
adjudication, at any rate, from masses of children who are delinquent. In this legalistic
approach, any child considered as delinquent is only defined by the juvenile (family)
Court. In a related way, juvenile delinquency reflects the combination of many factors.
First, it includes that behaviour specifically defined as delinquent according to the
various states’ juvenile codes. But these codes are sometimes slightly ambiguous and
leave room for judicial discretion in the actual application of the law. In other words,
juvenile delinquency may be considered at times to be only violations of local
normative expectations of appropriate behaviour. The approaches to juvenile
delinquency includes the followings:
1. Restorative Justice: This approach focuses on repairing the harm caused by the
offense, rather than solely punishing the offender. It involves bringing the
offender, victim, and community together to address the underlying causes of the
offense.
2. Multisystemic Therapy (MST): This approach targets multiple systems that
influence a youth's behavior, including the family, peers, school, and community.
It aims to improve communication, problem-solving, and emotional regulation
skills.
3. Trauma-Focused Cognitive Behavioral Therapy (TF-CBT): This approach
addresses the impact of trauma on youth's behavior. It combines cognitive
behavioral techniques with trauma-specific interventions to help youth process
their experiences and develop healthy coping strategies.
4. Positive Youth Development: This approach focuses on strengthening the
positive factors that support healthy youth development, such as positive
relationships, meaningful activities, and a sense of purpose.
THEORIES OF DELINQUENCY

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No single theoretical orientation can adequately explain the multiple variables and
factors that cause delinquent behavior, so criminologists have taken the best parts of
different social theories and combined them to explain crime and delinquency.
Before we get into some of the particulars, it might be easy to think of three general
theories on juvenile delinquency. The three theories are the subculture theory, and the
Sub-cultural theories.
Sub-cultural theories
In 1955, Albert Cohen developed the subculture theory, which is actually an
amalgamation of several of his theories. Subculture theory posits that juveniles who do
not “fit” and/or meet conventional social standards may seek validation from a
subculture. The subculture group is formed of other juveniles who also do not meet
conventional social standards. These groups then engage in behavior that is generally
viewed not socially acceptable; and so, they actively rebel against socially acceptable
standards.
Put another way, Cohen understands juvenile delinquency to be a product of society.
Given this, when juveniles commit crimes, such as stealing, they do so because they
are violating a social norm, and in doing so they signal conformity with their
subculture.
Family and the home theories
The family and the home theories of delinquency emphasize the impact of family
dynamics and upbringing on the development of delinquent behavior. According to
Empey and Lubeck (1971), lower class status can lead to reduced school attachment,
which in turn creates strains that may lead to identification with delinquent peers and
subsequent involvement in delinquency. Additionally, Conklin (1998) notes that lack
of integration into family institutions, low performance in school, disharmony within
the family, and broken homes are likely factors that contribute to juvenile delinquency.
These theories underscore the critical role of family relationships, socioeconomic

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status, and the home environment in shaping the behavior of juveniles and their
susceptibility to delinquency.
Family and the home theories emphasize the important role that families and homes
play in shaping youth's behavior and developing their attitudes and values. These are
the other family and home theories of delinquency:
 Social Control Theory: This theory argues that family bonds and supervision
help to regulate youth's behavior. A lack of strong family bonds and supervision
can lead to increased delinquency.
 Differential Association Theory: This theory suggests that youth learn deviant
behavior through interactions with others, particularly in their families and
homes.
 Strain Theory: This theory proposes that delinquency can result from the stress
and strain of social and economic pressures, including poverty, unemployment,
and discrimination.
 Broken Homes Theory: This theory suggests that children from broken or
dysfunctional homes are more likely to engage in delinquent behavior due to a
lack of parental support and supervision.

THE JUVENILE COURTS

Juvenile court is a special court or department of a trial court, that deals with under-age
defendants who are charged with crimes, are neglected, or are out of the control of
their parents. The normal age of these defendants is under 18, but the age of majority
changes based on the state or nation. Juvenile court does not have jurisdiction in cases
in which minors are charged as adults. The procedure in juvenile court is not always
adversarial, although the minor is entitled to legal representation by a lawyer. Parents,
social workers, and probation officers may be involved in the process to achieve
positive results and save the minor from involvement in future crimes. However,
serious crimes and repeated offenses can result in sentencing juvenile offenders to

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prison, with transfer to a state prison upon reaching adulthood with limited maximum
sentences, often until the age of 18, 21, 23 or 25. Where parental neglect or loss of
control is a problem, the juvenile court may seek out foster homes for the juvenile,
treating the child as a ward of the court. A juvenile court handles cases of both
delinquency and dependency. Delinquency refers to crimes committed by minors, and
dependency includes cases where a non-parental person is chosen to care for a minor.
A juvenile court, also known as young offender's court or children's court, is
a tribunal having special authority to pass judgements for crimes that are committed by
children who have not attained the age of majority. In most modern legal systems,
children who commit a crime are treated differently from legal adults that have
committed the same offense.
Industrialized countries differ in whether juveniles should be charged as adults for
serious crimes or considered separately. Since the 1970s, minors have been tried
increasingly as adults in response to "increases in violent juvenile crime". Young
offenders may still not be charged as adults. Serious offenses, such as murder or rape,
can be prosecuted through adult court in England. However, as of 2007, no United
States data reported any exact numbers of juvenile offenders prosecuted as adults. In
contrast, countries such as Australia and Japan are in the early stages of developing
and implementing youth-focused justice initiatives positive youth justice as a
deferment from adult court.
Globally, the United Nations has encouraged nations to reform their systems to fit with
a model in which "entire society [must] ensure the harmonious development of
adolescence" despite the delinquent behavior that may be causing issues. The hope was
to create a more "child-friendly justice". Despite all the changes made by the United
Nations, the rules in practice are less clear cut. Changes in a broad context cause issues
of implementation locally, and international crimes committed by youth are causing
additional questions regarding the benefit of separate proceedings for juveniles. Issues

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of juvenile justice have become increasingly global in several cultural contexts.
As globalization has occurred in recent centuries, issues of justice, and more
specifically protecting the rights of children as it relates to juvenile courts, have been
called to question. Global policies regarding this issue have become more widely
accepted, and a general culture of treatment of children offenders has adapted to this
trend.
COMPARISON OF JUVENILE AND CRIMINAL COURTS
Juvenile and criminal courts are two distinct systems designed to handle cases
involving individuals accused of committing offenses, but they differ in several key
aspects. Below are some of the major differences between juvenile and criminal courts:
1. Age of Offenders
Juvenile court designed for individuals who are below a certain age, typically 18 years
old. The specific age at which an individual is considered a juvenile may vary by
jurisdiction.
Criminal court deals with individuals who are considered adults, usually 18 years old
and above.
2. Purpose and Philosophy
Juvenile court focuses on rehabilitation and treatment rather than punishment. The
underlying philosophy is to help juveniles reform and reintegrate into society.
Criminal court primarily concerned with punishment, deterrence, and protecting
society from criminals.
3. Legal Terminology
Juvenile court involves terms such as "adjudication" instead of "conviction" and
"disposition" instead of "sentence." The emphasis is on the rehabilitation of the
juvenile rather than imposing a criminal record.
Criminal court uses standard legal terminology like "conviction" and "sentence" and
may result in a criminal record for the offender.

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4. Court Procedures
Juvenile court generally less formal, with a focus on privacy. Proceedings may be
closed to the public, and records may be sealed to protect the juvenile's future
opportunities.
Criminal court typically follows more formal procedures, and court proceedings are
generally open to the public unless there are specific reasons for closure.
5. Sentencing and Penalties
Juvenile court emphasizes rehabilitation and may involve dispositions such as
counseling, community service, probation, or placement in a juvenile facility. The
focus is on the best interests of the juvenile.
Criminal court imposes traditional sentences, including fines, probation, incarceration
in adult facilities, and, in some cases, capital punishment depending on the severity of
the crime.
6. Records and Privacy
Juvenile court records are often sealed, and the goal is to protect the juvenile's
privacy. In many cases, juvenile records may be expunged or sealed after a certain
period.
Criminal court criminal records are generally accessible to the public and may have
long-lasting effects on an individual's employment, housing, and other aspects of life.
INSTITUTIONAL TREATMENT OF JUVENILE DELINQUENTS
Institutional treatment of juvenile delinquents refers to the interventions and programs
implemented within institutional settings, such as juvenile detention centers or
correctional facilities, aimed at addressing the delinquent behavior of young offenders.
Institutional treatment of juvenile delinquents involves various approaches such as
approved schools, remand homes/centers, and non-institutional treatment like
probation and aftercare. These institutions aim to provide counseling, education, and
occupational skills to help improve the conduct of juvenile delinquents and prevent

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reoffending. However, it is noted that more qualified personnel and adequate material
resources are required to achieve substantial gains in reforming and rehabilitating
juvenile delinquents and adult criminals. Additionally, the legalistic approach to
juvenile delinquency defines it as any act or conduct that might be brought before the
court and adjudicated, with the juvenile delinquent being a person adjudicated as such
by a court of proper jurisdiction.
The institutional treatment of juvenile delinquency has evolved over time, with various
approaches implemented to address the needs of young offenders and rehabilitate them
into society. Approved schools, Burstals, and Remand homes/centres are examples of
institutions that have been used historically for dealing with juvenile delinquency.
1. Approved schools:
These are residential schools that provide education, counseling, and vocational
training for juvenile delinquents. They emphasize rehabilitation and aim to prepare
youth for reintegration into society. Approved schools were established in the early
20th century as a response to the shortcomings of the previous system, which often
involved sending young offenders to adult prisons.
The philosophy behind approved schools was to provide a more rehabilitative
environment for juvenile offenders. Education and discipline were central components
of the approved school system.
Approved schools focused on providing education, vocational training, and discipline
to address the underlying issues that led juveniles to delinquency. The aim was to
reintegrate them into society as law-abiding citizens.
Over time, approved schools faced criticism for being too punitive and not sufficiently
addressing the root causes of delinquency. Concerns were raised about the potential for
abuse and the impact of institutionalization on young individuals.
2. Borstals:

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These are reformatories for juvenile delinquents that combine education, work, and
discipline. They aim to rehabilitate youth through structure and discipline. Borstals
originated in the early 20th century as well and were designed for more serious
juvenile offenders. They were intended to be a step up from approved schools and
aimed at rehabilitating youth through a combination of education, work, and discipline.
Borstals were based on a more punitive philosophy than approved schools, with an
emphasis on deterrence and discipline. The goal was to instill a sense of responsibility
and work ethic in the juveniles.
Borstals included a regimen of education, physical exercise, and work. The idea was to
create a structured environment that would deter future criminal behavior through a
combination of punishment and rehabilitation. Similar to approved schools, borstals
faced criticism for being too focused on punishment and not addressing the underlying
social and psychological issues contributing to delinquency.
3. Remand homes/centres:
Remand homes/centres are temporary placements for juvenile delinquents awaiting
trial or sentencing. They provide basic care and supervision, but do not offer extensive
programming or rehabilitation services. Remand homes or centers are institutions
where juveniles are held while awaiting court decisions. They serve as temporary
detention facilities for young offenders who have been charged with a crime but have
not yet been adjudicated.
The philosophy of remand homes is to provide a secure and safe environment for
juveniles awaiting court decisions. The focus is on ensuring the welfare of the
juveniles and preventing them from engaging in further criminal activities during the
pre-trial period.
While the primary purpose of remand homes is not long-term rehabilitation, efforts are
made to provide basic education, counseling, and support services to address
immediate needs and challenges faced by the juveniles. Critics argue that remand

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homes, if not managed properly, can expose juveniles to negative influences and may
not effectively address the root causes of their delinquent behavior.
NON-INSTITUTIONAL TREATMENT OF JUVENILE DELINQUENCY
Non-institutional treatment of juvenile delinquents refers to interventions and
programs that are implemented outside of institutional settings, such as in the
community or through alternative forms of supervision. These treatments often focus
on providing support, counseling, and skill-building opportunities to address the
underlying causes of delinquent behavior and promote positive change. The non-
institutional treatment of juvenile delinquency includes various approaches such as
probation, flogging, fines, and repatriation. These methods aim to address juvenile
delinquency without resorting to institutionalization.
1. Probation is a non-institutional treatment that involves placing the juvenile under
the supervision of a probation officer instead of sending them to a correctional facility.
This approach allows the juvenile to remain in the community while adhering to
specific conditions set by the court, such as attending school, maintaining a curfew,
and participating in counseling or community service.
2. Flogging is a controversial non-institutional treatment that involves the physical
punishment of the juvenile offender through caning or whipping. While this method
has been used in some societies as a form of deterrence, it has faced significant
criticism due to its potential for physical and psychological harm to the juvenile.
3. Fines are monetary penalties imposed on juvenile offenders as a non-institutional
treatment. The purpose of fines is to hold the juvenile accountable for their actions and
provide a deterrent effect. However, the effectiveness of fines in preventing recidivism
and addressing the underlying causes of delinquency is a subject of debate.
4. Repatriation involves the return of juvenile offenders to their home country or place
of origin. This non-institutional treatment is often used in cases where the juvenile is a
foreign national or has committed an offense in a different jurisdiction. Repatriation

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aims to reintegrate the juvenile into their community and may involve the provision of
support services to prevent further delinquent behavior.
CONCLUSION
It is imperative to note that crime, deviance and delinquency come into play as a result
of complex social forces which occur during social interactions. It may also be argued
that it is a learned behaviour through socialization, and this has been the notion of the
social learning theory. The psychoanalytic or psychodynamics blame crime, deviance
and delinquency for biological factors acquired through heredity unlike the
sociological school which situates the causes of crime, deviance and delinquency on
lack of adequate socialization and enormous pressure exerted on the members of the
society by sub and super-structures of the society and cultural forces that galvanize
individuals into criminal expeditions, coupled with in everyday life and deficits of
functional imperatives of institutions as stabilizers of the entire social structure to
ensure order and stability of the society, especially, the maladministration of the
criminal justice system (CJS) that seems biased and selective.

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