Professional Documents
Culture Documents
ULO A CRI317a
ULO A CRI317a
ULO A CRI317a
Metalanguage
1. Juvenile
o Juvenile is a person who has not reached adulthood or the age of majority.
Regarded as immature or ones whose mental and emotional faculties are not
fully developed.
2. Delinquent
3. Juvenile Delinquency
4. Juvenile Crime
o In law, denotes various offenses committed by children or youths under the age of
18. Such acts are sometimes referred to as juvenile delinquency.
5. Status Offenses
o Are acts that only juveniles can commit and that can be adjudicated only by a juvenile
court.
Essential Knowledge
Lesson 3
“The history of childhood is a nightmare from which we have only recently begun to awake.
The further back in history one goes, the lower the level of childcare, and the more likely
children are to be killed, abandoned, beaten, terrorized, and sexually abused.” (DeMause,
1974)
Juvenile Delinquency and separate justice process for juveniles are recent concepts.
CHILDHOOD dates only to somewhere between the 14th and 17th centuries. Prior to this
time, “small people” were either accorded no social presence at all, or were regarded as
miniature adults.
Children as “Non-humans”
Adult punishment for misdeeds – punishment for children were severe, even
death penalty for minor offenses.
Slavery and Apprenticeship – children were commonly sold to slavery,
prostitution, and apprenticeship, sometimes as security on debts, or as political
hostages.
Morality, sex, and prostitution – children were exposed to adult sexuality from
an early age, and even used as prostitutes.
Two (2) age-old mechanisms were employed (teach children a trade or allow them an
opportunity to earn a livelihood).
A) Apprenticeship System
- primary means for teaching skilled trades to the children (middle & upper class) by
a master.
B) Binding-out System
- reserved for poor children.
- children who are difficult to handle or needed supervision were “bound over” to
masters for care.
- under this system, masters were not required to teach the youths a trade.
Result:
Boys were often given farming tasks while girls were assigned to domestic duties.
RELIGION (New England) another powerful force that shaped social life.
- regular church attendance was expected & religious beliefs dominated ideas about
appropriate behavior.
- what was believed to be immoral was also unlawful and subject to punishment by the
authorities.
Punishments:
a) Fines c) Branding
b) Whipping
A reminder to both young and old that violations of community norms would not go
unpunished.
- a different view of the young emerged that recognized childhood as distinct period of
Life.
- Children as corruptible but worth correcting.
Early 1800s
- social organization of colonial life began to change as a result of economic and
social developments.
- Family-based production unit that characterized colonial social life was giving way
to a Factory-based system in growing towns.
- As parents (fathers) and children began to leave the home for work in the factory.
- as industry developed and as towns grew, communities became more diverse and
experienced problems on a scale unheard of during earlier periods.
End of 1800s
- variety of institutions and mechanisms had been developed in response to problem
children.
The problems presented by children who were believed to be in need of correctional
treatment – proved to be difficult to solve.
Such as:
- homelessness - waywardness
- neglect - criminal behavior
- abuse
Late 1800s
- group of reformers began to advocate a new institution to deal with youth problems.
↓→ Juvenile Court
PARENS PATRIAE: legal philosophy justifying State intervention in the lives of children
when their parents are unable or unwilling to protect them.
: The State as Parent.
A delinquent is whose behavior brought him to repeated conflict with the law.
Regardless of whether he has been taken before the court and adjudged as delinquent.
Often a result of a combination of some factors environment of the child ↔ within himself.
Nature will differ because of the environmental forces and because of the nature of the child.
Stages of Delinquency
a.) Emergence
- begins with petty larceny (bet. 18 to 12) b) Exploration
- moves on to shoplifting & vandalism
(bet. 12 to 14)
c) Explosion
- substantial increase in variety & seriousness (age 13)
d) Conflagration
- four or more types of crime are added (around 15 y.o)
Classification of Delinquency
a) Unsocialized Aggression
- rejected or abandoned, no parents to imitate & become aggressive. b) Socialized
Delinquents
- members in fraternities/ groups that advocate bad things. c) Over-inhibited
- group secretly trained to do illegal activities.
Pathway to Delinquency
1) Authority-conflict
- begins at early age with stubborn behavior; leads to defiance then to authority
avoidance.
2) Covert
- begins with minor, underhanded behavior that leads to property damage. This
eventually escalates to more serious forms of criminality.
3) Overt
- escalates to aggressive acts beginning with aggression & leading to physical
fighting then to violence.
1) Malicious
- expression of defiance.
2) Negativistic
- changeable attitudes like not being satisfied with status.
3) Non-utilitarian
- vandalistic attitude like graffiti.
4) Hedonistic
- doing bad things for pleasure.
a) Social
- aggressive youths
- resents authority/ anyone who make effort to control his behavior. b) Neurotic
- preoccupied with his own feelings (internalizes his conflicts)
c) Asocial (psychotic & sociopathic delinquent)
- cold, brutal fierce - feels no remorse
d) Accidental
- has identifiable character
- social, law abiding
DETERMINISM means every act has a cause that is waiting to be discovered in the natural
world.
Positivists believed that the causes of juvenile delinquency could be identified
through the application of the scientific method. Once causes were discovered, the
individual offender could be treated (or rehabilitated) much as the medical doctors treat the
causes of harmful illness.
Positivists rejected the idea of Classicists, that punishment of delinquent offenders has an
inherent positive value. They replaced punishment with individualized treatment
strategies for each offender. They believed that the causes of rime and delinquency are
varied. Thus, it logically follows that treatment of offenders must be varied also.
B. Biological Theories
a. Crime is the result of the impact of the environment upon low grade human
organisms and that criminals were originally inferior people.
b. Crime exist because there are some inferior people who are responsible for them.
c. Men with mediocre builds are people who tend to break the law without
preference because crimes are like physical make-up, characterless.
d. Criminals should be permanently exiled to self-governing reservations, isolated from the
society, sterilized to prevent future offspring.
C. Psychological Theories
These are theories which blame delinquency on impulses that are rooted in the child
rather than in his environment. Psychogenic believe that it is easier to change a person
than it i s to change an environment.
a. Human nature is inherently anti-social. Every child possesses a set of primitive anti
social instincts that Freud called the ID.
b. Good behavior comes through effective socialization. Through socialization, the child
learns internal control.
c. The life-long features of the human personality originate in early childhood. By age 5,
all the essential features of the child’s adult personality have been developed. d.
Delinquent behavior is the result of a defective superego.
If the parts of the human psyche co-exist in a unified and harmonious way, the
person is mentally healthy. When the parts come into conflict, the person is maladjusted
and there is a high probability that he will commit delinquent acts.
a. People with low intelligence are easily led into law-breaking activities by the
wiles of some more clever people.
b. People with low intelligence are unable to realize that committing offenses in a
certain way often leads to getting caught and eventual punishment.
2) Anomie Theory
Advocated by Emile Durkheim, anomie is normlessness produced by rapidly shifting
moral values. This occurs when personal goals cannot be achieved using available means.
Anomie refers to a breakdown of social norms and a condition where norms no
longer control the activities of members in society. Individuals cannot find their place in
society without clear rules to help guide them. Changing conditions as well as adjustments
in life lead to dissatisfaction, conflict, and deviance.
3) Strain Theory
Strain theory contends that certain classes are denied legitimate access to culturally
determined goals and opportunities, and the resulting frustration results in illegitimate
activities or rejection of the society’s goal.
According to Sociologist Robert Merton, although most people share common values and
goals, the means for legitimate economic and social success are stratified by
socio-economic class. Consequently, these youths may either use deviant methods to
achieve their goals or reject socially accepted goals and substitute deviant ones.
operating within the society. The Criminal Justice System and Criminal Law are thought to
be operating on behalf of the rich and powerful social elites, with resulting policies aimed at
controlling the poor. The criminal justice establishment aims at imposing standards of
morality and good behavior created by the powerful on the whole of society. Focus is on
separating the powerful from the have nots who would steal from others and protect
themselves from physical attacks. In the process, the legal rights of poor folks might be
ignored. The middle class are also co-opted; they side with the elites rather than the poor,
thinking they might themselves rise to the top by supporting the status quo.
Social Learning theory suggests that children who grow up in a home where violence
is a way of life may learn to believe that such behavior is acceptable and rewarding. Even if
parents tell children not to be violent and punish them if they are, the children will still model
their behavior on the observed parental violence. The family may serve as a training ground
for violence since the child perceives physical punishment as the norm during conflict
situations with others.
F. Situational Theories
violates accepted social rules and norms. These neutralization techniques allow youths to
drift away from the rules of the normative society and participate in delinquent behaviors.
While most adolescents accept the rules of society, they learned these techniques to
release themselves temporarily from moral constraints.
Drift is a process by which an individual moves from one behavioral extreme to
another, behaving sometimes in an unconventional manner and at other times with
constraint.
Sykes and Matza’s Theoretical model were based on the following observations:
1) Labelling Theory
Developed by Howard Becker, Labeling theory views that youths may violate the law
for a variety of reasons including poor family relations, peer pressure, psychological
abnormality, and pro-delinquent learning experiences. Regardless of the cause of
individual’s behaviors detected, the offenders will be given a negative label that can follow
them throughout life. These labels include “troublemaker”, mentally ill, “junkie”, and more.
H. Control Theories
2) Self-derogation Theory
Introduced by Howard Kaplan, self-derogation theory states that all motivation to
maximize our self-esteem, motivation to conform will be minimized by family, school and
peer interactions that devalue our sense of self. Interactions and behavior may be
selfdefacing or self-enhancing.
3) Interactional Theory
Originated by Terrence Thornberry, this theory states that weakening of a child’s
social bond is the fundamental cause of delinquency. Interactional theory examined the
changing nature of relationships over the life course. It emphasized the reciprocal nature
between many of the variables used to explain delinquency.
4) Self-control Theory
This argues that it is the absence of self-control rather than the presence of some
forces or factors such as poverty, anomie, opportunities for deviance, delinquent peers,
exposure to definitions favorable to deviance, etc. that leads to deviance. This theory
rejects the notions that deviance is learned, that deviance simply results from the
individual’s inability to effectively control his or her impulses.
I. Other Theories
Advocates of these theory argue that in many cases, deviance is a result of high
calculation of risks and awards. Prospective deviants weigh their own chance of gain
against the risk of getting caught, and thereby decide a course of action.
Juveniles, however, do not always choose the most rational actions. Their values
and motives are different from an adult criminal. Adolescents are also notorious for not
thinking before they act. These actions which constitute delinquency may come as a result
of acting against authority, or to rebel against cultural norms and goals.
5) Learning Theories
This set of theories advances that delinquency is learned through the close
relationship with others. It asserts that children are born “good” and learn to be “bad” from
others. Learning theories hold that children living in even the most deteriorated areas can
resist inducements to crime if they have learned proper values and behavior. Delinquency,
by contrast, develops by learning the values and behavior associated with criminal activity.
FAMILY
The first and most basic institution in the society in developing child potential in all its
aspects:
- Emotional
- Intellectual
- Moral & Spiritual
- Physical & Social
It is within Family that the child learns to curb his desires and accept rules that define
time, place, and circumstances under which highly personal needs may be satisfied in
socially acceptable ways.
Family Conditions that Influence the Development of Juvenile Delinquency
Family Structure
Family size & birth position had been found to have predictive effects on
delinquency.
1) FAMILY SIZE
- Parents of larger families tend to give less parental attention to their children.
Predictive factor; greater chance to become delinquent;
- Lacking educational success;
- Perform poorly in school & score low in IQ test.
1) FAMILY REJECTION
Some children are rejected by their parents; Deprived of one or both of their parents
through abandonment, hospitalization, divorce, death or intervention of public agencies.
2) The Tea
m Model
The Father is the head; the Mother is the chief of the training table and cheer leader.
The children
, suffering frequent performance anxiety, play the roles and stay in shape with
conformity calisthenics.
Quality of Home
Poor family home life, measured by marital adjustment and harmony within the
home, also affects the rate of delinquent behavior among children more than whether or not
the family is intact.
Happiness of marriage, good marital relationships and strong family cohesiveness in
homes are the key whether or not the children become delinquent.
1) Broken Home
This does not refer to the separation of parents leaving their children behind, but
includes the presence of parents who are irresponsible that children experience constant
quarrel in the home. Broken homes are associated with increase risk in deviant behavior.
Effects of Family Breakdown to the Children
Parenting Styles
1) Authoritative Parents
They are warm but firm. They set standards for the child’s conduct but form
expectations consistent with the child’s developing needs and capabilities. They give a high
regard on the independent of the child and self-direction but assume the ultimate
responsibility for their children’s behavior. They deal with their child in a rational,
issueoriented manner, engage in discussion and explanation with their children over rules
and discipline.
2) Authoritarian Parents
They place a high value on obedience and conformity tending to favor more punitive,
absolute and forceful disciplinary measures. They are not responsive to to their children
and show little warmth and support. Open and constructive discussion is not common in an
authoritarian household because authoritarian parents believe that the child should accept
without question the rules and standards established by the parents.
Parents tend to discourage independent behaviors of children; instead they place
importance on restricting the child’s dependence.
3) Indulgent Parents
They behave in responsive, accepting, benign or kind, and more passive ways in
matters of discipline. They place relatively few demands on the child’s behavior, giving the
child a high degree of freedom to act as he or she wishes.
Indulgent parents are likely to believe that control is an infringement or violation on
the child’s freedom that may interfere with healthy development. Instead of actively shaping
their child’s behavior, these parents consider themselves as resources the child may or
may not use.
4) Indifferent Parents
They are fairly unresponsive to their child and try to minimize the time and energy
they must devote to interacting with the child or responding to the child’s demands. In
extreme cases, indifferent parents may be neglectful. They know little about their child’s
activities and whereabouts, show little interest in their child’s experiences at school or in his
or her friends, and rarely consider the child’s opinion when making decisions.
Parenting Skills
3. Child Neglect – is the failure to provide for the child’s basic needs. It can be physical,
educational, or emotional.
Physical Neglect can include not providing adequate food or clothing, appropriate
medical care, supervision, or proper weather protection.
Educational Neglect includes failure to provide appropriate schooling or special
educational needs, allowing excessive truancies.
Psychological Neglect includes the lack of any emotional support and love, never
attending to the child, spousal abuse, drug & alcohol abuse, including allowing the child
to participate in drug and alcohol use.
4. Sexual Abuse – is any act of maliciously molesting the child sexually whether the
sexual act is consummated or not. It includes fondling a child’s genitals, making the
child fondle the adult’s genitals, intercourse, incest, rape, sodomy, exhibitionism, and
sexual exploitation. To be considered child abuse these acts have to be committed
by a person responsible for the care of a child or related to a child.
3) Situational Abuser – a parent who only abuses the child when he/she is confronted with
a particular situation, one who is usually non-abusive but “fly off the handle” when some
circumstances develop.
5) Subcultural Abuser – a group of people who share a number of values, norms, and
attitudes in common.
6) Self-identified Abuser – parents who are abusive, although some of this kind of
abusers want to stop abusing their children, they cannot, and they are afraid to make
their discipline practices known.
7) Institutionally Prescribed Abuser – some institutions are grounded with beliefs that are
abusive to children. Child abuse may occur in:
a. Homes
b. Schools (private or public)
c. Day care centers
d. Preschools
e. Detention centers
f. Correctional facilities
Other Contributory Factors to Juvenile Delinquency Problem
Delinquency as a Police Problem
2. Police Services.
Police who work with juvenile offenders usually have skills and talents that go
beyond those generally associated with regular police work. In large police
departments, juvenile services are often established through a special unit. A large
proportion of justice agencies have written policy directives for handling juvenile
offenders. When officers on patrol encounter a youngster committing a crime, they are
responsible for dealing with the problem initially; they generally refer the case to the
juvenile unit or to a juvenile police officer for follow-up.
3. Police Roles.
Juvenile officers operate either as specialists within a police department or as
part of the juvenile unit of a police department. Their role is similar to that of officers
working with adult offenders: to intervene if the actions of a citizen produce public
danger or disorder. Handling juvenile offenders can produce major role conflicts for
police. They may
experience a tension between their desire to perform what they consider their primary
duty,
law enforcement, and the need to aid in the rehabilitation of youthful offenders. Police
officer’s action in cases involving adults are usually controlled by the law and their own
judgment or discretion. In contrast, a case involving a juvenile often demands that the
officer consider the “best interest of the child” and how the officers’ action will influence
the child’s future well-being.
When a juvenile is apprehended, the police must decide whether to release the
youngster or make a referral to the juvenile court. Cases involving serious crimes
against property or persons are often referred to court. Less serious cases, such as
disputes between juveniles, petty shoplifting, runaways, and assault of minors, are
often diverted from court action.
The law of arrest for juveniles is generally the same for adults. To make a legal
arrest, an officer must have a probable cause to believe that an offense took place and
that the suspect is the guilty party.
In misdemeanor cases, the police officer must personally observe the crime in
order to place a suspect in custody. For a felony, the police officer may make the arrest
without having observed the crime if the officer has probable cause to believe the crime
occurred and the person being arrested committed it.
Do juveniles have the same right to be free from unreasonable search and
seizures as adults? (Sec.2, Art. III of the Philippine Constitution).
Most courts have held that the Constitutions ban against unreasonable search
and seizure applies to juveniles and that illegally seized evidence is inadmissible in a
juvenile trial. To exclude incriminating evidence, a juvenile’s attorney makes a pretrial
motion to suppress the evidence, the same procedure that is used in the adult criminal
process. The Supreme Court has ruled that these rules are applied to juveniles as well
as to adults.
Custodial Interrogation
In past years, the police often questioned juveniles without their parents or even
a lawyer present. Any incriminating statement arising from custodial interrogation could
be used at a trial. However, in the 1966 Miranda case, the Supreme Court placed
constitutional limitations on police interrogation procedures with adult offenders.
- Under what circumstances can juveniles knowingly and willingly waive the
rights given to them by Miranda?
- Does a youngster, acting alone, have sufficient maturity to appreciate the
right to remain silent?
Self-Help: You can also refer to the sources below to help you further
understand the lesson:
References
1. Alviola, A. & Canaman J.C (2012) Juvenile Delinquency, Wiseman’s Books Trading, Inc.Project 6,
Quezon City.