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JUVENILE

DELINQUENCY AND
JUVENILE JUSTICE
SYSTEM
• Juvenile
• Relating to young people. A person who
has not reached adulthood or the age of
majority (usually 17 years old).
• In legal terms, a person subject for juvenile
court proceedings because a statutorily
defined event or condition caused by or
affecting that person was alleged to have
occurred while his or her age was below
the statutorily/ lawfully. specific age limit or
original description of a juvenile court.
• The Delinquent Person
• Social worker (DSWD) defined it a person, of
whatever age, whose attitude toward other
individuals, toward community, toward lawful
authority is such may lead him into breaking the
law.
• A one who repeatedly commits an act that is
against the norms or mores observed by the
society.
• Typically of a young person or that person's
behavior) showing or characterized by a tendency
to commit crime, particularly minor crime.
JUVENILE DELINQUENCY
• It also a child who refuse to do household chores
considered violation but not law.
• It also refers to an anti-social act or behavior of
minors which deviates from the normal pattern of
rules and regulations, custom, and culture which
society does not accept.
• Criminal law violations that would be considered
crimes if committed by an adult.
• An act committed by a minor that violates the penal
code of the government with authority over the place
in which the act occurred.
JUVENILE DELINQUENCY
• the habitual committing of criminal acts or
offenses by a young person, especially one
below the age at which ordinary
criminal prosecution is possible.
• Juvenile Crime
• Legally speaking, a crime is an illegal act
committed by a person with a criminal intent.
• 7 years old considered incapable/unable to
do of committing a crime. RPC
• It denotes offenses committed by children
under the age of 18 below
• Most Common Juvenile Crimes

Roughly half of all youth arrests are made


on account of theft, simple assault, drug
abuse, disorderly conduct, and curfew
violations.
Status offense
are acts that juvenile can commit and
adjudicated only in juvenile court.
Ex:
Curfew, under age drinking, running away from
home and truancy or absenteeism.
DIFFERENCE JUSTICE SYSTEM
Juvenile Adult
• Violation of Criminal Law
• Same and Status • Same except rules.
Offense can only apply •
5 philosophy that guide
to them
in sentencing adult
• Detention, rules and courts
laws they require to be •
Retribution,
protected and corrected
Incapacitation,
RA 9344
Rehabilitation,
• Best interest if the child Deterrence, and
• Juvenile court Restoration
• Criminal courts
5 Philosophy in that guide in sentencing adult courts
• Retribution - punishment inflicted on
someone as vengeance for a wrong or
criminal act.
• Incapacitation - the act of making an
individual “incapable” of committing a crime,
historically by execution or banishment, and
in more modern times by execution or
lengthy periods of incarceration (the state of
being confined in prison; imprisonment)
• Banishment - the punishment of being sent
away from a country or other place
5 Philosophy in that guide in sentencing adult
courts
• Rehabilitation - the action of restoring
someone to health or normal life through
training and therapy after imprisonment,
addiction, or illness.
• Deterrence - the action of discouraging an
action or event through instilling doubt or
fear of the consequences.
• Restoration - the action of returning
something to a former place, or condition.
STAGES OF DELINQUENCY
MINOR CRIME, ESPECIALLY THAT COMMITTED BY YOUNG PEOPLE.

• Emergence - begins with petty/little theft


between 8 and during 12 years old
• Exploration - move to shoplifting and
vandalism between Ages 12 - 14.
• Explosion - increase in seriousness and
variety at age 13
• Conflagration - around 15 years old, or more
crime are added.
• Classification of Delinquency
• Unsocialized aggression - rejected or
abandoned. No parents to imitate and became
aggressive
• Socialized Delinquency - membership in
fraternities or groups that advocate bad things.
• Over-inhibited- group secretly trained to do
illegal activities like marijuana cultivation.
• Pathway to Delinquency
• Authority conflict pathway - begins at early
with stubborn/change behaviour.
• Covert pathway - begins with minor,
underhanded behavior that leads to property
damage.
• Overt pathway - escalates to aggressive acts
beginning with aggression band leading to
physical fighting and then to violence.
JUVENILE DELINQUENCY
TENDENCIES
• Malicious - expression of defiance
disobedience/violators
• Negativistic - changeable attitude like not
being satisfied with status.
• Non-utilitarian - vandalistic attitude like
graffiti
• Hedonistic - doing bad things for pleasure.
4 CATEGORIES OF DELIQUENT YOUTH
• DELINQUENT YOUTH - A youth who has been
found responsible for having committed a
delinquent act
• ACCIDENTAL - credited because of peer
pressure or pure curiosity on the part of a
young person, happens at the wrong place at
the wrong time.
• ASOCIAL - manifested of cruel and violence
act conduct which they feel no regret, can
commit heinous crime
• NEUROTIC - anti social behaviour of the
youth is a result of internal conflict and pre-
occupation with his own emotion and mood.
• defined as a tendency to experience
anxiety, depression, self-doubt, and other
negative feelings.
• SOCIAL - refers to an aggressive teens who
resents authorithy whether be it parental,
school regulations or ordinances and laws
passed by the proper legislative authorities.
4 TYPES OF DELINQUENT YOUTH
• Socialized delinquent - learned abnormal
values and more likely to become property
violators.
• Neurotic delinquent - result of
distortions/misrepresentation or damage in
their personality and their ideas and
perception .
• Insecurities commit masculinity or qualities or
attributes
• Ex. Kleptomaniacs, shoplifters neurotic compulsion/
irresistible urge to behave
TYPES OF DELINQUENT YOUTH
• Psychotic Delinquency -
• severe personality disorders, they do not usually
plan their crimes.
• A category who commits heinous or wicked and
unconscious acts.
• Socio-pathic delinquents -
• characterized by egocentric - thinking only of oneself
, or selfish personality.
• No compassion for others
• Many violent gangsters are sociopathic or mental
health condition
OTHER WAYS TO CLASSIFY
DELINQUENTS
• Environmental - occasional
lawbreakers/violates law
• Emotionally maladjusted- chronic/severe law
breakers that it is consider a habit.
• Psychiatric - due to a mental illness serious
emotional disturbances in the family.
• Occasional - one who participate in a group.
Have common or similar characteristics. "Pro
social" - They do what others doing.
• Gang - commit most serious infractions or
crime, most often set to a correctional
institution and continuous a pattern of semi
professional as adults
• Malad-justed - this stems from personality
disturbance have a weak egor/self-
importance, asocial or avoiding social
interaction and experience parental
rejection.
• Early conceptualization of Childhood
• It is started 14 to 17th century
• Small people and regarded as miniature/small adults.
• Children as Non Human
• Infanticide - especially illegitimate, deformes, poor,
later born and girls/how Birth Order May Influence
Your Kid's Personality Traits
• Abandonment - often left on the streets , on door
stops and in orphanage, wet nursing/breastfeeds
• Swaddling - deprive the child use of limbs by
wrapping in them in endless bandage, child could be
left unattended.
• Conceptualization - the action or
process of forming a concept or idea of
something.
• Code of Hammurabi 1750 BC (Babylon now
Iraq)
• The oldest code which discussed
Maltreatment of Children.
• Children as Miniature or small adults
• Adult punishment for misdeeds/activity
• Slavery and Apprenticeship is a system for
training a new generation of practitioners of a
trade or profession with on-the-job training
• Morality (between right and wrong or good
and bad behavior)
• Sex and prostitution
• Code of Hammurabi 1750 BC
• The Hammurabi - code of laws, a collection of
282 rules, established standards for
commercial interactions and set fines and
punishments to meet the requirements of
justice.
• Invention of Delinquency
• Roman Law and Canon/Rule Law (Italy)
• Distinction between Juvenile and adults based on
notion or idea “Age of Responsibility ".
• Ancient Jewish Law - The Talmud (body of Jewish
civil and religious laws) (Israel)
• Immaturity considered when imposing punishment,
no corporal execute to puberty (pagbibinata) the
period during which adolescents, stage 12 –
female, 13 - male.
• No capital punishment under 20 years of age
• Under 17 years old exempt from death penalty
• The Talmud is the central text of Rabbinic
Judaism and the primary source of Jewish
religious law (halakha) and Jewish theology.
CODIFICATION OR SYSTEMATION OF ROMAN LAW
• Also called 12 tables which children were criminally
liable for violation of law same as adults.
• Ex: theft of crops (ex mais, palay)
• Capital punishment for adults and under the age of
puberty were to be flogged/slash
• Puberty - the period during which adolescents reach sexual
maturity and become capable of reproduction.
• Infants not held criminal responsible but approaching
puberty has discernment or apprehension were held
accountable.
• Infantia - infancy, childhood, inability to speak, muteness,
speechlessness
CODIFICATION OR SYSTEMATION OF
ROMAN LAW
• Also called Twelve tables which children were
criminally liable for violation of law same as
adults.
• The Laws of the Twelve Tables was the
legislation that stood at the foundation of
Roman law. Formally promulgated in 449 BC.
• Exempt from criminal liability under 7
years of age.
• Criminal liable 12 - girls
• 14 - men age of puberty (pagbibinata)
• Age of 7-12 and 14 liable based on their
understanding difference between right
and wrong.
• Anglo Saxon Common law (England)
• Based on Custom or usage.
• It emerged in England and influenced by
Roman and Canon Law.
• Distinction of adult and juvenile
• Age of 7 were presumed innocent
automatically.
• Age of 14 were automatically judged as an
adult.
• Children between 7 to 14 were presumed
innocent, but could be guilty under certain
circumstances.
• Anglo-Saxon - is a term traditionally used to
describe the people who, from the 5th-century
to the time of the Norman Conquest (1066),
inhabited and ruled territories that are today
part of England and Wales.
CHILD OFFENDER IN THE 18TH
CENTURY
• 3 social institutions dominated namely:
family, community and church
• Crime and deviance or the fact or state of
departing from usual, equal with sin and
immorality.
• No special category called a juvenile
delinquent. (16-17 with inquest) (12-15 no
inquest)
• Legal system relied common law.
• Deviance - the fact or state of departing
from usual or accepted standards,
especially in social or sexual behavior.
• THE CREATION OF THE CONSTITUTION
• Established between 1824 and 1828.
• It is oriented toward education and treatment rather
than punishment.
Two types of Juvenile Institutions were
established:
• House of Refuge - house of juvenile offenders
• Refuge - a condition of being safe or sheltered
from pursuit, danger, or trouble.
• Orphan Asylums - the protection granted by a
nation to someone who has left their native country
as a political refugee.
• Abandoned and orphaned children.
• Political refugee - a person who has fled
from a homeland because of political
persecution.
CREATION OF THE JUVENILE COURT
• Through series of court decisions, the concept of
Parents Patriae (responsibility of the courts and the
state to act on behalf of the child and provide care
and protection equivalent to that of a parent). Bills of
Rights – 1987 Phil. Constitution (DSWD)
• Chicago, USA - first separate juvenile court
established on 1899.
• 19th Century changes
• It is enlightenment established that crime is caused
by external forces operating on the individual.
• 1818, New York Committee on Pauperism or
poverty gave term “Juvenile Delinquency”, 1st
public recognition by referring it as a major
cause of pauperism or poverty.

• External forces - are forces resulting from the


interaction between human body and its
environment.
• Albert K. Cohen - first man who attempted
to find out the process of beginning of the
delinquent subculture.
• Subcultural theory - emerged from the work of the
Chicago School on gangs and developed through
the symbolic interactionism school into a set of
theories arguing that certain groups or subcultures
in society
• The period 1899- 1967
• It was considered the era of Socialized Juvenile
Justice.
• Delinquent subcultures - are portrayed
as the common solution of organized groups
of lower-class boys to retrieve some
measure of status apart from the middle-
class and demonstrate their own values of
masculinity.
• Albert Kircidel Cohen (June 15, 1918 –
November 25, 2014) was a prominent
American criminologist. He is known for his
Subcultural Theory of delinquent urban
gangs.

• Socialized Juvenile Justice - This approach
involved predicting the future behavior of a
child rather than deliberating over evidence
of a child's past criminal acts.

• Subcultural Theory - This approach


places emphasis on the contents of youth
culture and on the differences produced by
class background.
METHODOLOGY TOWARDS DELINQUENCY
• BIO-GENIC APPROACH - This views gives an
explanation that law violations and delinquency is a
result of some physical defects.
• PSYCHO-GENIC APPROACH - This argues that
the critical factors in delinquency are personality
problems, to which the misbehaviour is presumed
to be the response.
• SOCIO-GENIC APPROACH - Attributed to their
learning process cultured on youth gangs,
distinction and variation pattern of social structures.
CAUSES OF BEHAVIORAL DISORDERS
• PRE-DISPOSING FACTORS -
• Internal propenities (natural tendency to
behave in a particular way) which may not be
considered as a criminal unless the atempt
was made.
• PRE-CIPITATING FACTORS -
• Refers to conditions and elements which make
crimes or factors such as personal problems,
curiosity, ignorance, necessities/need and disease .
THEORIES OF DELINQUENCY
• A. Early general theories on the causes of
Delinquency
• 1. Demonological Theory-
• this theory notion that person not be held responsible
because their body possessed by evil spirits.
• 2. Classical Theory -postulated by Cesare Beccaria and
Jeremy Bentham
• This was based on the assumption that people are rational,
have free will and therefore able to choose. (Hedonism- a
doctrine that pleasure is the highest good in life and that
moral duty is fulfilled through the pursuit of pleasure

• .
THEORIES OF DELINQUENCY
• Hedonism - refers to a family of theories, all
of which have in common that pleasure plays
a central role in them. Psychological or
motivational hedonism claims that human
behavior is determined by desires to
increase pleasure and to decrease pain
THEORIES OF DELINQUENCY
• Cesare Beccaria 15 March
1738 – 28 November 1794)
was an Italian criminologist,
jurist, philosopher,
economist and politician,
who is widely considered
one of the greatest thinkers
of the Age of Enlightenment.
THEORIES OF DELINQUENCY

The Enlightenment – the great 'Age of Reason' is


defined as the period of rigorous scientific, political
and philosophical discourse that characterised
European society during the 'long' 18th century:
from the late 17th century to the ending of the
Napoleonic Wars in 1815
• Jeremy Bentham
was an English
philosopher, jurist,
and social reformer
regarded as the
founder of modern
utilitarianism.
• the doctrine that actions
are right if they are
useful or for the benefit
of a majority.
• Utilitarianism - is
one of the most
powerful and
persuasive
approaches to
normative ethics
in the history of
philosophy.
• Positive or Italian Theory
• Developed by Cesare Lombroso, Enrico Ferri and
Rafael Garofalo the Holy Three of Criminology that
promoted the idea of determinism (the doctrine that
all events, including human action, are ultimately
determined by causes external to the will)
• They replaced individualized treatment.
• It blames delinquency on biological, psychological
and sociological factors.
• Critical Theory
• The criminological analysis which the concepts of
power, influence, inequality and conflict guide and
blames on imbalance of power within the human
society.
• Positive or Italian Theory
• Enrico Ferri - was an Italian criminologist,
socialist and student of Cesare Lombroso the
founder of the Italian school of criminology.
• Positive or Italian Theory
• Raffaele Garofalo (18 November 1851 in
Naples – 18 April 1934 in Naples) was an
Italian criminologist and jurist.
• B. BIOLOGICAL THEORY
• 1.Lombrosian Theory- developed by Dr. Cesare
Lombroso, prison doctor in Turin Italy and known as
Father of Criminology.
• Following assumptions:
• Stigmata ( distinctive physical features)
• Atavistic - having mentality of primitive
• Classified as epileptic, insane and inborn.
• 2.General Inferiority Theory/Hooton's theory
• This was proposed by Earnest Hooton
• Crime is result of the impact of environment upon
low-grade human organism and that criminals were
originally inferior/small people.
• B. BIOLOGICAL THEORY

• Cesare Lombroso - was an Italian criminologist,


phrenologist, physician, and founder of the Italian
school of criminology. Lombroso rejected the
established classical school, which held that crime
was a characteristic trait of human nature
WILLIAM SHELDON'S THEORY
• Body types affects personality or temperament/emotion
• Three ways
• Endomorphs- fat, round and soft
• Mesomorphs- athletic and muscular physique with
aggressive personality
• Ectomorphs- skinny/thin with lean and fragile.
• Genetic Theory
• Abnormal genetic structure or chromosomal abnormalities -
is a missing, extra, or irregular portion of chromosomal DNA.
• DNA is the transmitter of genetic materials (genes)
Extra Y chromosomes responsible for aggressiveness .
• BIOCHEMICAL- views that crime
and delinquency, especially
violence, are the result of diet,
vitamin intake, hormonal imbalance
and other biological causes
Psychosocial Theories

• Result is internal, underlying/basis


disturbances
• These disturbances develop in childhood
and tend to become permanent feature
of individual character.
• If the individuals has a problems, he or
she must be focus of attention if the
problem is solved.
• C.1. Psychogene Theories
• Theories blame are rooted in the child
impulses rather than on his
environment.
• 1.1 Sigmund Freud an
Psychoanalytic Theory
• When abnormalities occur ,a person
experience conflict that stems basic
drive (I'd) and social controls tend to
push unconscious mind that people use
defense mechanism.
• Sigmund Freud - was an Austrian
neurologist and the founder of
psychoanalysis.
• Three parts of Human Psyche
(Personality)
• I’d- is the unconscious
portion ,dominated by the drive for
pleasure
• Ego- rational part ,it grows from I'd .It
represents problem solving dimensions
of personality.
• Super ego- it grows out of
ego,represents the moral code, norms
and values the individual had acquired.
• 2. Low IQ Theory
• People with low intelligence easily to led into
law breaking activities from clever/smart
people.
• Unable to realize committing offenses in a
certain way often leads to getting caught and
eventual punishment.

• Critics: higher rates of getting caught rather


than high rate of Delinquency.
• 3. Attention Deficit Hyperactivity theory
• Caused by immaturity and hyperactivity
• Grade schoolers experience attention deficit
hyperactivity disorder characterized by:
• Short attention span
• Day dreaming
• Sluggishness lack alertness
• Preoccupation/idea concentrated
• Unthoughtfulness passionate
• 4. Frustration-Aggresion Theory
• Frustration is a behavior directed at
anticipated goals or expectations.
• Aggression is a behavior whose goal is
to inflict damage or injury on some
objects or persons.
• D. Social Class theories
• 1. Social Disorganization theory
• Recognized early in 20th century by
sociologist Clifford Shaw and Henry McKay
• It depends the quality and ambiance if the
community which adolescence are force to
reside.
• Delinquency rates will be controlled when we
have no sense of collective effectivity even
any economic situation is.
• Clifford Shaw and Henry McKay
• Clifford Robe Shaw (1895 – 1957) was an American
sociologist and criminologist. He was a major figure
in the Chicago School of sociology during the 1930s
and 1940s, and is considered to be one of the most
influential figures in American criminology.

• Henry Donald McKay was an American sociologist


and criminologist who, along with Clifford Shaw,
helped to establish the University of Chicago's
Sociology Department as the leading program of its
kind in the United States.
• D.2.Anomie Theory
• Advocated by Emile Durkheim
• lack of the usual social or ethical standards
in an individual or group
• This occurs when personal goals cannot be
achieved using available means.
• ANOMIE - refers to a breakdown of social
norms and condition where norms no longer
control the activity of members in society.

• D.2.Anomie Theory
• David Émile Durkheim (15
April 1858 – 15 November
1917) was a French
sociologist. He formally
established the academic
discipline of sociology and is
commonly cited as one of
the principal architects of
modern social science
• 3. Strain theory
• strain theory states that social structures within
society may pressure citizens to commit crime.
• Denied legitimate access to culturally determined
goals and opportunities and the resulting frustration
results illegitimate activities or rejection of the
society goal.
• Use substitute deviant or abnormal methods to
achieve goals and reject socially accepted.
• 3. Strain theory
• Social structure is often treated
together with the concept of social
change, which deals with forces that
change the social structure and the
organization of society.
• Sources of Strain Theory according
to Robert Agnew
• Strain caused by the failure to achieve positively
valued goals
• Caused by disconnection of expectations and
achievements
• Strain as the removal of positively valued stimuli or
interesting and exciting quality from the individual
• Presentation of negative interesting and exciting
quality
• Stimuli - a thing or event that evokes a specific
functional reaction in an organ or tissue.
• 4. Differential Opportunity Theory
• Flourish/grow or develop in lower
classes and take particular forms so
that the means for illegitimate success
are no more equally distributed that
that means for legitimate success.
• Three types of delinquent gangs (Richard
Cloward & Bertil Ohlin)
• The criminal Gang- this is stable/steady and
older criminals serve as role models.
• The conflict/violent gang- non stable and
non-integrated, characterized by an absence
of criminal organization resulting
instability/disorder, aims for reputation.
• The retreatist gang- equally unsuccessful in
legitimate as well as illegitimate means.
Retreating/withdraw into a world of sex,
drugs and alcohol.
• 5. Class Conflict Theory
• According to Richard Quinney and
William Chambliss
• Based upon the view that the fundamental
causes of crime are the social and
economic forces operating within the
society
• It operated in behalf of rich and powerful
social elites/selected
• Differential Oppression Theory
• John Hewitt and Robert Regoli
• Proposed that much serious Juvenile
Delinquency is a product of the
oppression/cruel of children by adults
particularly within the context of family.
• Provide the basis of holding youth
charged with serious delinquency
responsible for their misdeeds.
• Edwin Sutherland (August
13, 1883 – October 11, 1950)
was an American sociologist.
He is considered one of the
most influential criminologists
of the 20th century. He was a
sociologist of the symbolic
interactionist school of
thought and is best known
for defining white-collar crime
and differential association.
• E. Interpersonal Theories
• 1. Differential Association theory
• This theory assets that criminal behavior learned
primarily within interpersonal or social groups that
learned violating the law than obeying the law.
• Proposed by Edwin Sutherland.
• 2. Social Learning Theory
• This theory that behavior is modeled through
observation directly or indirectly through media
• Ex: Family that shows violence even parents teach
not to do so but still he will perceives/understand
it .
• It is the training ground for the behaviour
• Situational Theories
• 1. Drift theory (Neutralization )
Proposes that juvenile sense a moral obligation by the law.
• Danid Matza and Greham Sykes
• Suggest that delinquent hold values to similar to those of
law abiding citizens, but they can learn techniques that
enable them to neutralize those values and drift back and
forth between legitimate and delinquent behavior.
• Drift
• Is a process by which an individual moves form one
behavioral extreme to another, behaving sometimes in an
unconventional/bizarre manner and at other times with
constraint/confinement
• G. Social Reaction Theories
• 1. Labeling theory
• Developed by Howard Becker, views that youth
may violate the law for a variety of reasons include
Poor family relations, peer pressure etc.
Regardless the causes why he do it the society
given an impact of negative label includes trouble
makers, mentally ill etc.
• 2. Self-Derogation theory an exemption from or
relaxation of a rule or law.
• introduced by Howard Kaplan states that all motivation to
maximize our self esteem, motivation to conform will be
minimized by family, school and peer interactions that
devalue/change our sense of self.
• G. Social Reaction Theories
• 2. Self-Derogation theory
• Self- derogation consists of both accusing
oneself of being weak and defective, and of
punishing oneself with verbal abuse.
• 3. Interactional Theory
• Origin by Terrence Thornberry, this theory states
that weakening of a child's social bond that cause
Delinquency. It emphasized the reciprocal/mutual
nature between many of the variables used to
explain delinquency.
• minor crime, especially that committed by young
people.
• 4. Self Control Theory
• It argues that absence of self control .
• This notion/idea rejects that deviance/abnormality
is learned , that deviance simply results from the
individuals inability/ability to effectively control his
or her impulses.
• H. Control theories
• 1. Social control theory
• This theory by Travis Hirschi states that
members in society form bonds with other
members in society such as parents,
friends, churches etc.
• Commitment to social norms of behavior
and brought up to believe in and respect
the law.
• I. Other Theories
• 1. Cultural Deviance theory the fact or state of
departing from usual or accepted standards, especially in
social or sexual behavior.
• This theory links delinquent acts to the formation of
independent subcultures with a unique set of values
that clash with the mainstream culture.
• Learned through exposure to others.
• 2. Structural Functionalism Theory
• Some social structures exert a definite pressure
upon certain persons in society to engage in non
conforming that does not conform to or follow the
rules, regulations rather than conforming behavior .
• 3. Rational Choice theory
• This theory argues that deviance/abnormality
is a result of high calculation of risk and
rewards.
• They weight the chance of getting caught and
chance of gain before they decide a course of
action.
• 4. Routine Activities theory
• Developed by Lawrence Cohen and Marcus
Felson
• This theory claims that crime is a normal
function of the routine activities of modern
living.
• Criminal opportunity is significantly influenced
by the victim's lifestyle and behavior.
• Factors affecting Routine Activity Theory: Lack of
capable guardian
• Suitable target
• Motivated offenders
• 5. Learning Theories
• Learned through close relationship with
others, children are born "good" and learn to
be bad from others.
• If they leaned proper values and behavior
even in most deteriorated areas can resist
inducements (a thing that persuades or
influences someone to do something).
• Behavior of Juvenile Delinquents
• Behavioral disorders
• 1. Antisocial behavior
• It is characterized by disrespect or disobedience
for authority.
• 2. Lying-
• The penchant or preference for not telling the truth
clearly manifest that the following are lacking: love,
security, attention, respect acceptance, praise and
happiness.
• 3. Stealing- This criminal act comes from loose
morals in the home, lack of economic security
wherein the parents are unable to provide for the
needs of their children, undisciplined desire for
possession and pleasure seeking and parental
indifference.
• , parental indifference refers to a mood state of
parents distinguished by a lack of care, concern
and interest of their children;
• 4. Truancy- students failing to attend their
classes for 20 days without any unreasonabe
cause.
• 5. Vagrancy-
• refers to a children who are unable to cope with
their family life and chooses to leaves the family
home. homelessness.
• 6. Emotional disorders-
• such misbehaviors is related to fear reactons,
temper tantrums and jealousy reactions.
• tantrums - an uncontrolled outburst of
anger and frustration,
• Factors Affecting the Development of
Juvenile Delinquency
• Family
• It is the first and most important social
unit to affect children;
• At theoretical level, families are the
primary source for teaching children self-
control, a major point of delinquency.
• Child who is deprived of his mother
goes 3 phases:
• Protest- cries and screams for mother
shows panic ,clings/hold on tightly to, when
she visits and howls/cry when she leaves.
• Despair/the complete loss or absence of
hope.- after few days, child becomes
withdrawn - not wanting to communicate
with other people, sucks thumb
• Detachment- loses interest in parents and is
not concerned whether they at there or not.
• sucks thumb
• Family Model
• 1. The Corporate Model-
• Father is CEO, final word, mother is
operating officer, staff (children) turn have
privileges and responsibilities bases on their
seniority. Intimacy/closeness runs to the
profit motive.
• 2. Team Model-
• Father is head; mother is chief of training table and
cheerleader. Stay in shape with conformity practice
• Competition is in the name of the game ;winning is
everything
• 3. Military Model
• The father is the general, mother is the guard duty
with special assignment
• Kids are the grunts/a low-ranking. Unruly children
sent to stockade/barrier. Insubordinate wives risk
discharge
• Punishment is swift and sadism is called character
building
• 4. The Boarding School Model
• Father-rector or head master in charge of training school
minds and bodies
• Mother is dorm counselor who oversees realm emotions
illness, Children are obedient students
• There's but teach and test
• 5. The Theatrical Model-
• Father is producer
• Mother stage manager
• The children stagehands/props
• No writer necessary because lines are
scripted, roles are sex
stereotypes/fixed, the plot predictable
• Parenting Styles
• 1. Authoritative parents-
• Warm but firm/strongly felt and unlikely to
change., set standards for child's conduct ;
• Gave high regard on independent
development of child and self direction but
assume ultimate responsibility for their
children's behavior.
• Deals with their child in rational, issue-
oriented manner,
• Engage discussion and explanation 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.
• Parents believe child should accept
without question the rules and standard
established.
• Discourage independent behaviors of
children, importance restricting child's
dependence.
• 3. Indulgent/generous parents-
• Behave in responsive, accepting,
benign/gentle and more passive ways in
matters of discipline.
• Giving the child high degree of freedom;
• Believes that infringement/the action of
breaking the terms of a law
• violation may interfere with healthy
development.
• Parents consider as resources .
• 4. Indifferent parents-
• Fairly unresponsive to their child
and minimize time and energy.
• May be neglectful they know little
about their children's activities.
CHILD ABUSE R.A 7610 / R.A 9262
V-A-W-C
• Defined as causing or permitting any harmful or
offensive contact on a child body;any kind which
humiliates/injures,shames or frightens the child.
• Child abuse as any act or omission, which fails to
nurture/fostering or in the upbringing of the children
• Types of Child Abuse
• Physical Child abuse
• An act deliberately inflicting physical injuries on a
child. Ex: burning, hitting, punching, shaking.
• Result of over discipline or physical punishment.
R.A 7610
• 2. Emotional Maltreatment/Psychological
Child abuse-
• Adult demeans the child's worth or dignity as
a human being by constant scolding and
ridiculing/disrespect.
• Leads to low self esteem.
• 3.Sexual Child Abuse
• The Anti-Sexual Harassment Act of 1995 R.A
7877 / R.A 116481 R.A 8353 RAPE LAW
• Any act of maliciously molesting the child sexually whether
the sexually act is consummated or not.
• Sexual assault if stranger commits these acts.
• Typology/Classification of Child Abusers
• Mentally disordered abuser-
• person who has defective mental ability.
• Parentally incompetent abuser-
• Individual whose practice of disciplining the
child is in the same way he was disciplined.
• Situational abuser-
• parents abuses when he/she is confronted
with a particular situation.
• " fly off the handle" lose one's temper
suddenly and unexpectedly.
• Accidental abuser-
• parent who exercises poor judgment in
his/her parenting decisions, poor judgment
results to child abuse
• Subcultural abuser-
• a group of people who share a number of
values, norms and attitudes in common
• Self-identified abuser-
• parents who are abusive, want to stop
abusing their children but they cannot.
• PEERS - a person with equal status, class, or age:
• But for many others, their spend time and closest to
emotionally, barkada or peer group.
• Peer group –
• is a group of youths of similar age levels and interest that
often can empower young people in their sense of feeling
worthwile and important.
• Gangs
• Peers Gravitate/be transformed to gang.
• -group of youths who collectively engage in delinquent
behaviors.
• Distinction between Group and gang delinquency.
• Former consists a short lived alliance created to commit a
particular crime or engage in a random violent act.
• Gang delinquency - involves long-lived,
complex/involved institutions that have a
distinct structure and organization, including
identifiable/recognize leadership, division of
labor (members as fighters, others ,rules
rituals and possessions(such as
headquarters and weapons).
• Gang names
• They took their names from their neighborhood
where they carried their activities, TST
• Some more useful, colorful non-locality names
• Gang types
• Social gang-
• involved in few delinquent activities such use of
drug, alcohol members interest in social aspects.
• Party gang-
• concentrates on drug use and sales, forging most
delinquent behavior except vandalism.
• REPUBLIC ACT NO. 11594, October 29, 2021 AN
ACT INCREASING THE PENALTIES FOR
PERJURY
• Serious Delinquent Gang- serious delinquent
behavior while eschewing/avoid most drug use ,that
use on social occasions
• Organized gang- heavily involved in
criminality and drug use and sales reflect a
systemic relationship with other criminal
acts. (3 or more persons)
• Ex:violent acts used to established control
over drug sale territories.
• This becoming a formal criminal
organization.
• Gang Location
• Urban, lower class phenomenon/process.
• First, transitional neighborhood
• Marked by rapid population change in which diverse
ethnic and racial groups with a competition with one
another
• Homicide rates are high in these areas which so
called urban underclass/lowerclass.
• Second, Stable Slum - overcrowded urban street
• A neighborhood where population shifts/change have slowed
down, permitting patterns of behavior and traditions to
develop over a number of years.
• Structured gang clusters attempts by law enforcement to
disband or modify/change.
• Marked by rapid population change in which diverse
ethnic and racial groups with a competition with one
another

• Racial gang - a concept used to describe a group of


people who share physical characteristics, such as
skin color and facial features.

• Gang structure. There are different roles and levels


of authority within gangs. These roles include:
Teenies – generally those under the age of 10 –
below
• Gang Age
• Gang members age as young as 8 to as old
as 55.
• Diverse/different concept of leader, shifting
leadership
• larger and more organized gangs have clear
chain of command and leaders supposed to
give orders.
• Gang Communications
• It seeks/search recognition from the community.
• Major source of communication: Graffiti or writing
on walls.
• Example: Latino gangs,the term FIFA is used to
asset power; "P/V" or Por Vida (For Life means the
gang wants to control the area for life", numeral 13
signifies that the gang is "loco or wild”.
• Ritualistic/practice argot/slang ( speech pattern)
• Clothing (wearing jacket with the name of their
gang).
• Controlling Gang Activity
• Youth service program-traditional police
personnel usually from the youth unit.
• Gang detail-one or more police officers,
usually from youth or detective units.
• Gang unit - established solely to deal with
gang problems, one or more officers
assigned exclusively.
• Environment
• Outside environment where a youth resides is also
influential. The reflection of the environment is
ultimately manifested in the character and
personality of a child as he or she becomes an
adult.
• School
• It is a public or private instrument for training young
people.
• Instances of delinquent conduct to the school child
relationship are the following: Failure of the school
in character development of the children and youth.
Use of methods that create the conditions of failure
of frustration on the part of the students.
• Mass media
• Media bring individual to violence in three ways:
• First, demonstrate violent acts excite spectators and
aggressive energy can transferred to everyday life.
• Engage in physical activity on the streets,influence
lasting from several hours to several days.
• Mass media
• Second, television can portray ordinary daily
violence committed by parentor, peers (the
imposition of penalty for failing to study or for
violations of certain rules or norms of conduct).
• Third, violence depicted in the media is unreal and
has a surrealistic quality (having the disorienting,
hallucinatory quality of a dream; unreal; fantastic:

• seem negligible.
• APA has reviewed evidence that TV violence
accounts for about 10 percent of aggressive
behavior among children.
• Exclusion
• The growing gap between rich and poor has led to
emergence of "unwanted/outcast others".
• Shows that the act of labeling lead to the self
adoption of a delinquent image, which later results
in delinquent activity.
• Loco Parentis ( Latin for "in place of the parent")
• refers to the legal responsibility of a person or
organization to take on some of the functions and
responsibilities of a parent
• Control
• It is a term which acknowledges the existence of
unlawful behavior and the need to take action.
• Unlawful Behavior of Youth
• It include all types of activity in which laws and
ordinances are violated and such other activities
as could bring youth before the juvenile court.
• Undesirable conditions
• The term to community hazards/risk and
community problems harmful to youth.
• Control
• RA 9344 or the Juvenile Justice and Welfare Act
(JJWA) promotes the creation of a child-friendly
justice system focused on rehabilitation and
restoration rather than punishment.
Community Based Policing
• the main police role is to increase feelings of
community safety and encourage area residents to
cooperate with their local police agencies. (PCR/
SCADS)
• Problem Oriented Policing
• Also called Problem-Solving Policing
• It is a systematic analysis and response to the
problems or conditions underlying criminal incidents
rather than the incidents themselves.
• The police will have a greater chance of preventing
the crimes from reoccurring-main problem with
reactive or incident driven policing.
Community Based Policing
• The police will have a greater chance of preventing
the crimes from reoccurring-main problem with
reactive or incident driven policing.

• incident-driven. That is, most police activities are


aimed at resolving individual incidents, rather than
groups of incidents
• Four step model systematic nature of Problem
Oriented Policing
• Scanning it involves identifying a specific crime
problem through various data sources. (Victim
surveys and 117 calls)
• Analysis involves carrying out an in-depth analysis
of the crime problem and its underlying causes
• Response brings together the police and other
partners to develop and implement a response to
the problems based on the results produced in the
analytic stage.
• Assessment is the stage in which the response to
the problem is evaluated.
• Adoption
• Article 27. Who May Adopt. - Any person of
legal age and in full possession of his civil
rights may adopt: Provided, That he is in a
position to support and care for his
legitimate, legitimated, acknowledged natural
children, or natural children by legal fiction,
or other illegitimate children, in keeping with
the means, both material and otherwise, of
the family. In all cases of adoption the
adopter must be at least FIFTEEN YEARS
OLDER than the person to be adopted.
ADOPTEE ADOPTER
• THE CHILD • THE PERSON
• OR PERSON ADOPTING OR
BEING PETITIONING
PETITIONED FOR THE
FOR ADOPTION OF
ADOPTION. A CHILD

• Torts. - Parents and guardians are
responsible for the damage caused by the
child under their parental authority in
accordance with the Civil Code.

• Barangay Councils shall have the authority


to enact ordinances and resolutions not
inconsistent with law or municipal ordinances,
as may be necessary to provide for the proper
development and welfare of the children in the
community.
• Civic Associations of Adults. - it shall refer to
any club, organization or association of individuals
twenty-one years of age or over, which is directly or
indirectly involved in carrying out child welfare
programs and activities.

• Youth Associations. - It shall refer to any club,


organization or association of individuals below
twenty-one years of age which is directly or indirectly
involved in carrying out child or youth welfare
programs and activities.
• Classifications of Child and Youth Welfare
Agencies. -
• 1. A CHILD-CARING INSTITUTION is one that
provides twenty-four resident group care service for
the physical, mental, social and spiritual well-being
of nine or more mentally gifted, dependent,
abandoned, neglected, handicapped or disturbed
children, or youthful offenders.
• 2. An INSTITUTION, whose primary purpose is
education, is deemed to be a child-caring institution
when nine or more of its pupils or wards in the
ordinary course of events do not return annually to
the homes of their parents or guardians for at least
two months of summer vacation.
3. A DETENTION HOME is a twenty-four hour
child-caring institution providing short term
resident care for youthful offenders who are
awaiting court disposition of their cases or
transfer to other agencies or jurisdiction. (Bahay
Pagasa)

4. A SHELTER-CARE INSTITUTION
(DSWD) is one that provides temporary protection
and care to children requiring emergency reception as a
result of for tuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty in the home,
being without adult care because of crisis in the family,
or a court order holding them as material witnesses.
• 5. RECEIVING HOMES are family-type homes
which provides temporary shelter from ten to
twenty days for children who shall during this
period be under observation and study for
eventual placement by the Department of
Social Welfare (DSWD). The number of
children in a receiving home shall not at any
time exceed nine: no two child whose under 3
years of age.
• 6. A NURSERY is a child-caring institution
that provides care for six or more children
below six years of age for all or part of a
twenty-four hour day, except those duly
• 7. A MATERNITY HOME is an institution
or place of residence whose primary
function is to give shelter and care to
pregnant women and their infants before,
during and after delivery.

• 8. A REHABILITATION CENTER is an
institution that receives and rehabilitates
youthful offenders or other disturbed
children.
• 9. A RECEPTION AND STUDY CENTER is an
institution that receives for study,
diagnosis/identification, and temporary treatment,
children who have behavioral problems for the
purpose of determining the appropriate care for
them or recommending their permanent treatment or
rehabilitation in other child welfare agencies.
• 10. A CHILD-PLACING AGENCY is an institution or
person assuming the care, custody, protection and
maintenance of children for placement in any child-
caring institution or home or under the care and
custody of any person or persons for purposes of
adoption, guardianship or foster care.
• SPECIAL CATEGORIES OF CHILDREN
• CHAPTER I
Dependent, Abandoned and Neglected Children
• Article 141. Definition of Terms. -
• 1. A DEPENDENT CHILD is one who is without a
parent, guardian or custodian; or one whose
parents, guardian or other custodian for good
cause desires to be relieved of his care and
custody; and is dependent upon the public for
support.
• 2. An ABANDONED CHILD is one who has no
proper parental care or guardianship, or whose
parents or guardians have deserted him for a
period of at least six continuous months.
• 3. A NEGLECTED CHILD is one whose basic needs
have been deliberately unattended or inadequately
attended. Neglect may occur in two ways:
• (a) There is a PHYSICAL NEGLECT when the child
is malnourished, ill clad and without proper shelter.
• (b) A child is unattended when left by himself
without provisions for his needs and/or without
proper supervision.
• (c) EMOTIONAL NEGLECT exists: when children
are maltreated, raped or seduced; when children
are exploited, overworked or made to work under
conditions not conducive to good health; or are made to beg
in the streets or public places, or when children are in moral
danger, or exposed to gambling, prostitution and other vices.
• ARTICLE 169. CLASSIFICATION OF MENTAL
RETARDATION. -
• 1. CUSTODIAL GROUP. -severely or profoundly
retarded, hence, the least capable group. This
includes those with I.Q.s to 25. Intelligence Quotient
• 2. TRAINABLE GROUP. I.Q.s from about 25 to
about 50; one who belongs to this group shows a
mental level and rate of development which is 1/4 to
1/2 that of the average child.
• 3. Educable Group. I.Q. ranges from about 50 to
about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal
child of the same chronological age. Many of the
educable retardates may reach 5th or 6th grade
educational level and can develop occupational skills
which may result in partial or complete economic
independence in adulthood.
• 4. BORDERLINE OR LOW NORMAL GROUP.
• I.Q. 75 to 89 only slightly retarded, can usually get by
in regular classes if they receive some extra help,
guidance and consideration. Those who cannot make
it are usually handicapped by one or more other
conditions aside from that of intelligence.
• Article 170. Physically Handicapped Children. -
are those who are crippled/unfit, deaf-mute, blind, or
otherwise defective which restricts their means of
action on communication with others.
• Article 171. Emotionally Disturbed Children. -
those who, although not afflicted with insanity or
mental defect, are unable to maintain normal social
relations with others and the community in general
due to emotional problems or complexes/consisting
of many different and connected parts.
• Article 172. Mentally ill Children. - are those with
any behavioral disorder, whether functional or
organic, which is of such a degree of severity as to
require professional help or hospitalization.
• Article 191. Care of Youthful Offender
Held for Examination or Trial. - if unable to
furnish bail, shall from the time of his arrest
be committed to the care of the DSWD or the
local rehabilitation center or a detention
home in the province or city which shall be
responsible for his appearance in court
whenever required.
• Article 192. Suspension of Sentence and
Commitment of Youthful Offender. - after
hearing the evidence in the proper
proceedings, the court find committed the acts
charged against him; determine the imposable
penalty, including any civil liability chargeable
against him. pronouncing judgment of
conviction, the court shall suspend all further
proceedings.
• Republic Act No. 10389 RECOGNIZANCE ACT
OF 2012 An Act Institutionalizing Recognizance

• WHAT ARE THE DIFFERENT FORMS OF BAIL?


• 1. Corporate surety
• 2. Property bond
• 3. Cash bond
• 4. Recognizance
• PD 603
• CHILD AND YOUTH WELFARE CODE
• December 10, 1974

• PD 603 amended to RA 9344 The


Philippines passed the Juvenile Justice and
Welfare Act of 2006 to ensure the protection
and safety of juveniles that commit crimes.
Before the act was implemented, children 9
years and older who were arrested waited in
jail until sentencing.
• Republic Act No. 9344
• AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE
AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
• April 28, 2006
• AMENDED BY:
• REPUBLIC ACT NO. 10630
• AN ACT STRENGTHENING THE
JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES, AMENDING FOR THE
PURPOSE REPUBLIC ACT 9344,
OTHERWISE KNOWN AS THE
"JUVENILE JUSTICE AND WELFARE
ACT OF 2006" AND APPROPRIATING
FUNDS THEREFOR
• REPUBLIC ACT NO. 10630
• "An Act Establishing a Comprehensive
Juvenile Justice and Welfare System,
Creating the Juvenile Justice and Welfare
Council under the Department of Social
Welfare and Development, Appropriating
Funds Therefor, and for Other Purposes.“

• Approved: October 3, 2013


• Section 2. Section 4 of Republic Act No. 9344 is
hereby amended to read as follows:
• "SEC. 4. Definition of Terms. –
• "(s) ‘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.
• RA 9344 AS AMMENDED BY RA 10630

• (s) "Youth Detention Home" refers to a 24-


hour child-caring institution managed by
accredited 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
awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
• Section 4. Section 8 of Republic Act No.
9344 is hereby amended to read as follows:
• "SEC. 8. Juvenile Justice and Welfare
Council (JJWC). – A Juvenile Justice and
Welfare Council (JJWC) is hereby created
and attached to the Department of Social
Welfare and Development and placed under
its administrative supervision.
• Section 6. Section 20 of Republic Act No. 9344 is
hereby amended to read as follows:
• "SEC. 20. Children Below the Age of Criminal
Responsibility. – If it has been determined that
the child taken into custody is fifteen (15) years old
or below, the authority which will have an initial
contact with the child, in consultation with the local
social welfare and development officer, has the
duty to immediately release the child to the
custody of his/her parents or guardian, or in the
absence thereof, the child’s nearest relative.
• SEC. 20-B. Repetition of Offenses. – A child who is above twelve
(12) years of age up to fifteen (15) years of age and who commits
an offense for the second time or oftener.That the child was
previously subjected to a community-based intervention program,
shall be deemed a neglected child under Presidential Decree No.
603, as amended, and shall undergo an intensive intervention
program supervised by the local social welfare and development
officer: Provided, further, That, if the best interest of the child
requires that he/she be placed in a youth care facility or ‘Bahay
Pag-asa’, the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child: Provided,
finally, That if the child has no parents or guardians or if they refuse
or fail to execute the written authorization for voluntary commitment,
the proper petition for involuntary commitment shall be immediately
filed by the DSWD or the LSWDO pursuant to Presidential Decree
No. 603, as amended."
• SEC. 20-C. Exploitation of Children for
Commission of Crimes.
• Any person who, in the commission of a crime,
makes use, takes advantage of, or profits from
the use of children, including any person who
abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of
the vulnerabilities of the child and shall induce,
threaten or instigate the commission of the
crime, shall be imposed the penalty prescribed
by law for the crime committed in its maximum
period."
• "SEC. 20-D. Joint Parental Responsibility. –
• Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or
the DSWD, the court may require the parents of
a child in conflict with the law to undergo
counseling or any other intervention that, in the
opinion of the court, would advance the welfare
and best interest of the child.
• "
• "SEC. 20-E. Assistance to Victims of
Offenses Committed by Children. – The
victim of the offense committed by a child
and the victim’s family shall be provided the
appropriate assistance and psychological
intervention by the LSWDO, the DSWD and
other concerned agencies."
• Section 10. Section 50 of Republic Act No. 9344
is hereby amended to read as follows:
• "SEC. 50. Care and Maintenance of the Child
in Conflict with the Law. – x x x
• "The LGUs expected expenditures on the local
juvenile intervention program for children at risk
and children in conflict with the law shall be
included in the LGUs annual budget.
• Section 11. Section 57 of Republic Act No.
9344 is hereby amended to read as follows:
• "SEC. 57. Status Offenses. – Any conduct
not considered an offense or not penalized
if committed by an adult shall not be
considered an offense and shall not be
punished if committed by a child."
• Section 12. Mandatory Registry of Children in
Conflict with the Law.
• All duty-bearers, including barangay/BCPC
workers, law enforcers, teachers, guidance
counselors, social workers and prosecutors who will
receive report, handle or refer cases of children in
conflict with the law, shall ensure a faithful
recordation of all pertinent information, such as age,
residence, gender, crime committed or accused of
and the details of the intervention or diversion.
END OF PRESENTATION

GIVE YOUR BEST SHOT ON THE


DAY OF YOUR CRIMINOLOGISTS
BOARD EXAM!
THANK YOU AND
GOD BLESS YOU ALL!

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