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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

DELINQUENCY IN GENERAL affecting that person and was alleged to have occurred while his or her age
was below the specified age limit.
- Delinquency refers to any action; course or conduct that deviates from acts - In view of the above, juvenile delinquents are youthful offenders and have
approved by the majority of people. been adjudicated as such by the court of proper jurisdiction.
- Delinquency, therefore, is a general term for any misconduct or misbehavior - The term should only be applied to children who commit criminal offenses
that is tantamount to felony or offense. and is in need of supervision or treatment.
- It is a description of those acts that do not conform to the accepted rules,
norms and mores of the society (sociological definition). AGE OF MAJORITY
- It is, however, distinct from crime in the sense that the former may be in the - It commences at the age of eighteen (18) years.
form of violation of law, ordinance or rule but it is punishable only by a small
fine or short-term imprisonment or both. EMANCIPATION
- Legally speaking, delinquency means the failure to perform an act required - It is freedom from parental authority, both over his person and property. - It
by law, or the non-performance of a duty or obligation that is mandated by happens upon reaching the age of eighteen years.
existing law or rule
RA 6809
JUVENILE DELINQUENCY
- It is the law which amends the age of majority.
- It is an anti-social behavior or act which does not conform to the standards of - It lowered the age of majority from twenty-one (21) to eighteen (18) years.
society. - It was approved on 13 December 1989
- Youth behavior which is against the norms and regulations of society which
if left unchecked would give rise to criminality DELINQUENT
- It describes a large number of disapproved behavior of children or youth.
- It is considered as anti-social acts or behavior of children which deviate from - One whose behavior has brought him into repeated conflict with the law
the normal pattern of rules and regulations, custom and culture which society regardless of whether or not he has been taken before a court and adjudged
does not accept and which therefore justify some kind of admonition, as a delinquent.
punishment or corrective measures in the interest of the public. - One who has committed an offense that violated the approved norms of
conduct and is guilty of a misdeed
JUVENILE
STATUS OFFENSES
- A child or a young person, who, under the legal system may be dealt with for - These are certain acts or omissions which may not be punishable socially or
an offense in a manner different from that of an adult. legally if committed by adults but become anti-social or illegal because the
- A minor, a youth, or who is not yet emancipated by law. offender is a minor, such as:
- Refers to a person of tender years. a) Truancy or frequent unreasonable absenteeism from school;
- A person below the age of majority that is, below eighteen years old, or who b) Use of profane language;
is unable to fully take care of himself from abuse, neglect, cruelty, c) Running away from home;
exploitation or discrimination because of physical or mental disability or d) Smoking and drinking alcoholic beverages;
conditions. e) Disobedience to parents, guardians or school officials
f) Mendicancy or begging in the streets;
JUVENILE DELINQUENT g) Association with delinquent gangs; or
h) Curfew violations.
- Juveniles are young people who are regarded as immature or one whose
mental as well as emotional faculties are not fully developed thus, making ANTI-SOCIAL BEHAVIOR
them incapable of taking full responsibility of their actions. - It is characterized by disobedience to, or disrespect to authorities.
- In legal points, the term juvenile is a person subject to juvenile court
proceedings because of a statutorily defined event or condition caused by or
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PARENS PATRIAE (“father of the country”) 2. Hospice of San Michele (Saint Michael) – this was established in 1704.
- It is a doctrine that does not consider delinquent acts as criminal violation. John Howard, a former, brought to England from Rome a model of the first
Thus, making delinquents non-criminal persons and cannot be found guilty institution for treating juvenile offenders. He was often thought of as the
of a crime and punished like an adult criminal. father of prison reform.
- It views minor who violates laws as victims of improper care, custody and 3. House of Refuge – it was situated in New York in 1825. It was opened to
treatment at home. house juvenile delinquents, who were defined in its charter as “youths
- It is the assumption by the State of the role of guardian over children whose convicted of criminal offenses or found in vagrancy”.
parents are deemed incapable or unworthy. - It is the authority of the state to
act on behalf of the children. TYPES OF JUVENILE DELINQUENCY
❑Four types of Delinquencies – Howard Becker
1. Individual Delinquency - It is caused by psychological problems
Historical Background of Juvenile Delinquency and Juvenile Justice System stemming primarily from defective/faulty/pathological family interaction
• Code of Hammurabi - the first comprehensive description of a system used patterns.
by society to regulate behavior and at the same time punish those who 2. Group-deported Delinquency – committed in companionship with others
disobeyed the rules. It is the origin of the legal principle of “lex talionis”, that and the cause is located not in the personality of the individual or in the
is, an eye for an eye. delinquent’s family but in the culture of the individual’s home and
• 1641 Stubborn Child Law – it was passed by the General Court of neighborhood.
Massachusetts which stated that children who disobeyed their parents could 3. Organized Delinquency – committed by formally organized groups. It has
be put to death. a concept of “delinquent subculture” which refers to the set of values and
• Children Only Law – due to increasing demand on the state to take norms that guide the behavior of group members encourage the commission
responsibility for improving the lives of children and eventually new of delinquencies.
regulations, such as, child labor laws were enacted. 4. Situational delinquencies – delinquency is not deeply rooted, and motives
• 1916 Keating-Owen Act – passed by the United States Congress and become for delinquency and means for controlling it are often relatively simple.
the first piece of child labor in America. After 2 years it was revised through
the case of Hammer V. Dagenhart, it did lay the groundwork for the passage ❑Classification of Juvenile Offenders, - Trojannovicz, R.C
in 1938 of the Fair Labor Standards Act. 1. Gang Organized Delinquency – this category involves those juveniles
• Child-saving Movement – concerned citizens eventually formed a social who often suffer from the frustration or Inability to achieve goals of middle
activist group called Child Savers, who believed that children were born class and come from backward areas and often express themselves and try
good and became bad. to achieve their objectives through their gang.
• Parens Patria – during the heights of child savers this doctrine was created. 2. Unsocialized Delinquents - this includes those delinquents who would
It is the right and responsibility of the government to take care of minors and
have criminal records and generally who were neglected and rejected from
others who cannot legally take care of themselves.
home and are prone to physical violence.
• 1818- a committee reports listed “juvenile delinquency” as a major cause of
pauperism, the first public recognition of the term juvenile delinquency. 3. Accidental Delinquency – delinquents would be one who is law-abiding
• 1899- the Illinois legislature passed a law creating a juvenile court that most of the time but who has a lapse of judgment. They involve himself
became the cornerstone for juvenile justice throughout the United States. The accidentally in a delinquent activity.
vision of the child savers and the founders of the juvenile court was the 4. Occasional Offender – same as accidental delinquent but they are not
rehabilitative ideal of reforming children instead of punishing them. habitual.
• Medical Model – established by the Illinois Court Act, viewing crimes as a 5. Professional Delinquency – they indulge in criminal activities for profit
disease that could be treated and cured by social intervention. and to satisfy their desire.

Houses of Corrections for Juvenile Delinquent Classification of Delinquency

1. Bridewells – it was the first house of corrections in England. They confined
both children and adults considered to be idle and disorderly. 1. Unsocialized Aggression – children who are rejected or abandoned, no
parents to imitate and become aggressive.
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2. Socialized Delinquency – membership is fraternities or groups that 1) Occasional delinquents – these delinquents participate in the group.
advocated bad things. They do what other are doing.
3. Over-inhibited – group who secretly trained children to do illegal activities 2) Maladjusted delinquents – the activity stems from personality
such as planting marijuana or industries disturbance rather than gang activities or slum residence. They have
4. ENVIRONMENTAL DELINQUENTS - Characterized by occasional law- “weak ego” the “asocial” experienced early and severe parental
breaking. rejection.
5. EMOTIONALLY MALADJUSTED DELINQUENTS - Characterized by 3) Gang delinquents – they generally commit the most serious infractions,
chronic law-breaking; a habit which this type cannot avoid or escape from. most often sent to a correctional institution and most often continuous in
6. PSYCHIATRIC DELINQUENTS - Characterized by serious emotional a pattern of semi-professional criminal behavior as adults.
disturbances within the individual and in some cases associated with Gang – is frequently associated with groups in socially disorganized and deteriorated
tendencies towards mental illness. inner-city neighborhoods. It is applied to youths who are engaged in a variety of
delinquencies ranging from truancy, street brawls, and beer running to race riots,
Stages of Delinquency robberies, and other serious crimes.
a. Emergence – the child begins with petty larceny between 8 and sometime Characteristics of Gang:
during 12th year. 1. Organization – this states that a gang or gang members has collective goals.
b. Exploration – he or she then may move on to shoplifting and vandalism 2. Leadership – they have leaders that may decide matters related to the
between ages 12 to 14. organization.
c. Explosion – at age 13, there is a substantial increase in variety and 3. Turf or Territory – it involves identification and control. Identify places like
seriousness. parks, housing projects, or schools to impose their illegal acts.
d. Conflagration – at around 15, four or more types of crime are added. 4. Cohesiveness – it refers to a gang’s very close, tight-knit organization with
e. Outburst - Those who continue on adulthood will progress into more loyal members bound to one another by mutual friendship and common
sophisticated or more violent forms of criminal behavior. interests.

Pathway to Delinquency DIFFERENT APPROACHES IN THE STUDY OF DELINQUENCY

1. Authority-conflict pathway – children at young or early age begin to show 1) BIOGENIC APPROACH
stubborn behavior. This leads to defiance and later on may result in avoidance - It gives an explanation that law violations and delinquency are a result of
to authority. some physical defects.
2. Covert pathway – it begins with minor, deceitful behavior that leads to 2) PSYCHOGENIC APPROACH
property damage. This will escalate to more serious forms of criminality such - It argues that the critical factors in delinquency are personality problems to
as violence. which misbehavior is presumed to be the response.
3. Overt pathway – it will start minor aggression, physical fighting and then to 3) SOCIOGENIC APPROACH
violence. - It attributes delinquency pattern to social structures.
- It views youthful misdeed as a result of a learning process through
TYPES OF DELINQUENT YOUTH interactions with other members of society.
1. SOCIAL – an aggressive youth who recent the authority of anyone who
make an effort to control his behavior.
2. NEUROTIC – he has internalized his conflicts and preoccupied with his own
feelings. DIFFERENT THEORIES CONCERNING DELINQUENCY
3. ASOCIAL – he has a cold, brutal, furious, quality for which the youth feel
no humors. CHOICE THEORY
4. ACCIDENTAL – he is less identifiable in his character, essentially socialize - It is based on the classical school of criminology that views an individual as
law abiding but too happens to be at the wrong place at the wrong time and having free will in choosing his actions and that he calculates what he will
becomes involved in some delinquent act not typical of his general behavior. gain or lose if he commits an act.
- It views the delinquent as a motivated offender who breaks the law because
Other classification of delinquents he or she perceives an abundance of benefits and an absence of threat.
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SOCIOLOGICAL THEORIES
BIOSOCIAL OR TRAIT THEORIES
- These are based on the view that both thought and behavior have biological - They view delinquency as a product of the different social factors and
and social bases. dynamics
- Contemporary explanation of the biogenic approach. - They have four groups of theories which in turn contain several sub-theories:
- They have three sub-theories: biochemical, neurological and genetics. social structure theories, social process theories, social reaction theories and
a. BIOCHEMICAL - It views that crime and delinquency especially social conflict theories.
violence is the result of diet, vitamin intake, hormonal imbalance and a. SOCIAL STRUCTURE THEORIES- They hold that delinquency is a
other biological causes. function of a person’s place in the economic structure.
b. NEUROLOGICAL - It explains that crime and delinquency occur b. SOCIAL PROCESS THEORIES - They view delinquency as a result
because the individual suffers from brain impairment or abnormality in of poor or faulty socialization or upbringing
the structure of the brains. Learning disabilities such as attention c. SOCIAL REACTION THEORIES - They view delinquent acts and
deficit/hyperactive disorder and minimum brain dysfunction are related criminality as products of stigma and labeling.
to antisocial behavior. d. SOCIAL CONFLICT THEORIES - They hold that delinquent
c. GENETIC - It explains that delinquent traits and predisposition to behavior is a product of economic inequality.
criminality are inherited from parents. - Criminality of parents can THEORIES OF DELINQUENCY
predict delinquency of children. It is supported by research on twin 1. Social Disorganization Theory - It was recognized early in twentieth
studies and adoption studies. century by sociologist Clifford Shaw and Henry Mckay. According to social
PSYCHOLOGICAL THEORIES disorganization theory, disorganized areas cannot exert social control over
- Views delinquency as a result of emotional and mental disturbance of the acting-out youth; these areas can be identified by their relatively high level
individual of change, fear, instability, incivility, poverty and deterioration, and these
- Contemporary explanation of the psychogenic approach factors have a direct influence on the area’s delinquency rate.
- has three sub-theories: psychodynamic, behavioral and cognitive
a. PSYCHODYNAMIC THEORY - It is based on the psychoanalytic 2. Anomie Theory - Advocated by Emile Durkheim. Breakdown of social
theory of Sigmund Freud. Delinquency is the result of the imbalance of orders as results of loss of standards and values that replaced social cohesion.
the three components of personality: id, ego and superego - Delinquency A – Absence
is the product of the abnormal personality structure formed in early life Nomos – Laws or standards.
and which thereafter controls human behavior choices. *Anomie- refers to the breakdown of norms.
b. BEHAVIORAL THEORY - It believes that individuals learn by
observing how people react to their behavior - Behavior is reinforced by 3. Strain Theory – This theory assume that children are basically good. Only
some positive reaction and it is extinguished if punished. Misbehavior of under pressure do they deviate. Pressure for deviance comes from their
children if left unchecked will persist until adolescence having internalized society’s goals, such as being successful and wanting to
c. COGNITIVE THEORY - It views that delinquency is a result of the achieve them. But many cannot become successful by conforming to
faulty perception and analysis of data of an individual. It believes that society’s rules. Out of desperation, they turn to crime.
when an individual makes decision, he engages in a sequence of *According to sociologist Robert Merton, although most people share common
cognitive thought processes: values and goals, the means for legitimate economic and social success are
1) He first encodes the information so that it can be interpreted; stratified by socio economic class. Consequently, these youths may either use
2) Then, he searches for a proper response and decide upon the most deviant methods to achieve their goals or reject socially accepted goals or
appropriate action; and substitute deviant ones.
3) Finally, he acts on his decision. * Albert Cohen, explained why urban, lower-class boys commit delinquency. He
- Delinquency-prone adolescents may have cognitive deficits and use began by identifying characteristics of delinquents. They are malicious,
information incorrectly when they make decisions negativistic, non- utilitarian, versatile, loyal, and cannot defer gratification. Cohen
blames delinquency on (1) frustration experienced by children because of their
low status and (2) their ability to live up to middle – class standards. Delinquency
is the consequence of children expressing their frustration toward middle-class
norms and institutions.
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* Richard Cloward and Lloyd Ohlin blamed it on the disparity between what being successful; involvement in activities; and finally, that most persons are
children are taught to want and what is available to them. Children joined brought up to believe in and respect the law.
delinquent gangs to achieve success, but because their legitimate path is blocked, 10. Self-derogation Theory. Introduced by Kaplan states that all motivated to
they turn illegitimate means in the form of delinquency and later on it was called maximize our self-esteem, motivation to conform will be minimized by
as Differential Opportunity Theory. family, school and peer interactions that devalue our sense of self, interactions
and behavior may be self-defacing or self-enhancing.
4. Differential Oppression Theory. John D. Hewitt and Robert Regoli
proposed that much serious juvenile delinquency is a product of the 11. Self-control Theory. In short, self-control theory suggests that deviance
oppression of children by adults, particularly within the context of family. simply results from the individual’s inability to effectively control his/her
The maltreatment of children has been found to be highly correlated with impulses. Self-control theory argues that it is the absence of self-control
both serious and moderate delinquency as well as other problem behaviors. rather than the presence of some force or factor such as poverty, anomie,
This theory argues that adult perception of children forces youths into socially opportunities for deviance, delinquent peers, exposure to definitions
defined and controlled inferior roles, including the socially constructed favorable to deviance, etc. that leads to deviance.
juvenile “ delinquency role that separates youthful and adult offenders for
treatment and control. 12. Culture Deviance Theory. Links delinquent acts to the formation of
independent subcultures with a unique set of values that clash with the main
5. Differential Association Theory. Asserts that criminal behavior is learned stream culture. This theory argues that children learn deviant behavior
primarily within interpersonal groups and that youths will become delinquent socially through exposure to others and modeling of others action.
if definitions they have learned favorable to violating the law exceed
definitions favorable to obeying the law within the group. This theory was 13. Rational Choice Theory. They argue in many cases, deviance is a result of
introduced by Edwin Sutherland. Example: The family may serve as a highly calculation of risks and awards. Prospective deviants weigh their own
training ground for violence since the child perceive physical punishment as chance of gain against the risk of getting caught, and thereby decide a course
the norm during conflict situations with others. of action.

6. Social Learning Theory. This theory view that behavior is modeled through Juveniles however do not always choose the most rational actions. There values are
observation, either directly through intimate contact with others, or indirectly different from adult and their motives are different from an adult criminal. Adolescent
through media; interactions that are rewarded are copied, where as those that are also notorious for not thinking before they act. These actions which constitute
are punished are avoided. delinquency may come as a result of acting against authority, or to rebel against
cultural norms and goals.
7. Drift Theory (Neutralization Theory). It proposed that juveniles sense a
moral obligation to be bound by the law. Such a bind between a person and SPECIAL CATEGORIES OF CHILDREN
the law remains in place most of the time, they argue. When it is not in place, 1. Dependent Child - one who is without parent, guardian or custodian or one
delinquents will drift. who's parents, guardian or other custodian and is dependent to public for
support.
8. Labeling Theory (Social Reaction Theory). Crime is caused by societal 2. Abandoned Child - is one who has no proper parental care or guardianship
reactions to behavior, which include exposure to the juvenile justice system. or whose parents or guardian have deserted him for a period of at least three
Once children are labelled delinquent, they become delinquent (Tannenbaum, continuous months which includes a foundling. (RA 9523)
18938). 3. Neglected Child - refers to a child whose basic needs have been deliberately
unattended or inadequately attended within a period of three (3) continuous
9. Social Control Theory. This perspective states that members in society form months. Neglect may occur in two (2) ways:
bonds with other members in society or institution in society such as parents, a. There is physical neglect when the child is malnourished, ill-clad,
pro-social friends, and churches, schools, teachers, and sports teams. The and without proper shelter. A child is unattended when left by
social bonds include the ties and affection that develop between children and himself/herself without proper provisions and/or without proper
key people in their lives; commitment to social norms of behavior and to supervision.
succeed in regards to such values as getting good education, a good job and
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b. There is emotional neglect when the child is maltreated, raped, ❑Physically handicapped children - Physically handicapped children are those who
seduced, exploited, overworked, or made to work under conditions are crippled, deaf-mute, blind, or otherwise defective which restricts their means of
not conducive to good health; or is made to beg in the streets or action on communication with others.
public places; or when children are in moral danger, or exposed to ❑Emotionally disturbed children - Emotionally disturbed children are those who,
gambling, prostitution, and other vices. (RA 9523) 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
❑Mentally Retarded Children or complexes.
✓Socially inadequate and incompetent, occupationally incompetent and ❑Mentally ill children - Mentally ill children are those with any behavioral disorder,
unable to manage their own affairs. whether functional or organic, which is of such a degree of severity as to require
✓Mentally sub-normal professional help or hospitalization.
✓Retarded intellectually
✓Retarded maturity FACTORS AFFECTING JUVENILE DELINQUENCY
✓Mentally deficient through hereditary or disease
1. Individual Risk Factors
✓ Essentially incurable Individual psychological or behavioral risk factors that may make offending
more likely include intelligence, impulsiveness or the inability to delay
❑Classification of Mental Retardation gratification, aggression, empathy, and restlessness. Children with low
intelligence are likely to do worse in school. This may increase the chances
1. Custodial group - The members of this classification are severely of offending because low educational attainment, a low attachment to school,
or profoundly retarded, hence, the least capable group. This includes and low educational aspirations are all risk factors for offending in
those with I.Q.S to 25. themselves. Children who perform poorly at school are also more likely to
2. Trainable group - The members of this group consist of those with truant, which is also linked to offending.
I.Q.s from about 25 to about 50; one who belongs to this group 2. Family
shows a mental level and rate of development which is 1/4 to 1/2 The family is the first and the basic institution in our society for developing
that of the average child, is unable to acquire higher academic skills, the child s potential, “ in all its many aspects like emotional, intellectual,
but can usually acquire the basic skills for living to a reasonable moral, and spiritual as well as physical and social. It is within the family that
degree. He can likewise attain a primary grade level of education if the child must learn to curb his desires and to accept rules that define the time,
he receives effective instruction. place and circumstances under acceptable ways. The following are some of
3. Educable group - This group's I.Q. ranges from about 50 to about the causes why some of the child becomes juvenile delinquent as influence
75, and the intellectual development is approximately 1/2 to 3/4 of their own family;
that expected of a normal child of the same chronological age. The a. the faulty development of a child
degree of success or accomplishment that they will reach in life b. lack of parental guidance
depends very much on the quality and type of education they c. lack of love and the instinct of hate or anger due to unfair treatment
receive, as well as on the treatment at home and in the community. d. parental rejection
Many of the educable retardates may reach 5th or 6th grade e. broken home
educational level and can develop occupational skills which may f. parental abuse or neglect
result in partial or complete economic independence in adulthood g. criminal parents or sibling
4. Borderline or Low Normal Group - This is the highest group of
mentally retarded, with I.Q.s from about 75 to about 89. The Take Note: Home is referred to as the cradle of human personality.
members of this classification are only slightly retarded and they can
usually get by in regular classes if they receive some extra help, 3. Environment
guidance and consideration. They have to spend much more time It is where the child influences after his first highly formative years. Youth in
with their studies than do most children in order to pass. Those who the community turns to become delinquent with companions. Youth today
cannot make it are usually handicapped by one or more other accuse those ahead of them for failure to define how to live both honorably
conditions aside from that of intelligence. and successfully in a world that is changing too rapidly for anyone to
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[PRELIM TOPIC] CRIMINOLOGY 31 – JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM
comprehend. Together they now become a victim of their own environment,
their attitudes, dress, taste, ambitions, behavior are imitated or have been
already influence by those anti-social acts recognized in their environment.
Some of these causes are the following:
a. associations with criminal groups/gangs
b. alcoholism and drug addiction c
c. impulse of fear
d. crime inducing situation that caused criminalistic tendencies
e. imitated instinct like selfishness, violence and anti-social wishes.
4. School
A public instrument for training young people. It is more directly accessible
to change through the development of new resources and policies. And since
it is a principal institution for development of a basic commitment by young
people to the goals and values of our society, it is imperative that it be
provided with the resources to compete with illegitimate attraction for young
people s allegiance. ’
➢ School Tracking – ability grouping or streaming. (Slavin) when children
considered to be slow learners are grouped, they come to see themselves in
an unfavorable light and therefore will result to dislike school, to truancy and
even to delinquency.
➢ Grade retention (Smith and Shepard) – children make progress during
retention but not as much progress as similar children who were promoted.
✓ Alternatives to retention is tutor or summer class which are both effective
and lest costly
✓ Yamamoto and Byrnes – children rated “Retention” as the most stressful
event they could suffer next to blindness or death of parents.

THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN

a. The Criminal Gang. Emerge in areas where conventional as well as
non-conventional values of behavior are integrated by a close connection
of illegitimate and legitimate businesses. This type of gang is stable than
the ones to follow. Older criminals serve as role models and they teach
necessary criminal skills to the youngsters.
b. The conflict/violent gang. Non-stable and non-integrated, where there
is an absence of criminal organization resulting in instability. This gang
aims to find reputation for toughness and destructive violence.
c. The Retreatist Gang. Is equally unsuccessful in legitimate as well as
illegitimate means. They are known as double failures, thus retreating
into a world of sex, drugs, and alcohol