LA CARLOTA CITY COLLEGE

City of La Carlota
CRIMINAL JUSTICE EDUCATION DEPARTMENT
-oOo-

Module in Criminology 5
2nd semester, AY 2021-2022

MARJALET MARAŇON NAVARRO, RCRIM

Contact # 09491593047
Email : marjaletnavarro727 @ gmail.Com
Google Account : [email protected]
Facebook Account : Marjalet ching maraňon navarro

I. COURSE TITLE: Criminology 5 (Juvenile Delinquency and Juvenile Justice System)

II. NUMBER OF UNITS: 3 Units

III. COURSE DESCRIPTION:

This course deals with the etiology of delinquency, the theories of

delinquency, deviant behavior and factors that cause it, and the measures for
deterrence and control of teenage crime. Moreover, the course recognizes the
various laws and provisions that protect the rights and welfare of children
including the role of different agencies in handling child in conflict with the law
and its relationship to Philippine Juvenile Justice System and the diversion
programs.

IV. COURSE OUTCOME

At the end of the semester, He/She can :

1. Define and Explain delinquency including its impact on society.
2. Analyze the impact of the major social institutions on juvenile behavior.
3. Describe the competing theories of juvenile crime and their explanatory
models.
4. Analyze the impact of the social environment on delinquency and the
juvenile justice process.
5. Analyze measures to prevent, treat and control delinquency.
6. Explain the juvenile justice system and the processes.
 V. COURSE OUTLINE

A. Midterm Period

Module 1 *Historical Perspective, Concepts and philosophies of Juvenile

Delinquency
Module 2 *Nature and Extent of Juvenile Delinquency
*Theories of Juvenile Delinquency
Module 3 *Factors and Causes of Juvenile Delinquency

Module 4 * Family Conditions and the Role of the Parents and Teachers
against Delinquency

B. Finals Period
Module 5 *Parental rights and disciplinary Authority over their children

*Rights, Welfare, and Protection of Children under applicable

Laws
Module 6 *Juvenile delinquency Prevention programs
Module 7 *Models of Juvenile Justice System
Module 8 *R.A. 9344 as amended and other relevant and applicable
laws and UN declarations

VI. CONTENT DISCUSSION:

VII. ASSESSTMENT

Assignment/ Output - 20 %
QUIZZES - 20%
Periodical Examination - 60%
Total 100%

VIII. REFERENCES :
 Module 1
HISTORICAL PERSPECTIVE, CONCEPT AND PHILOSOPHIES OF JUVENILE
DELINQUENCY

I. THE JUVENILE JUSTICE AND WELFARE LAW

Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the
Juvenile Justice and Welfare System as a system dealing with children at risk and
children in conflict with the law, which provides child-appropriate proceedings,
including programs and services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development.
Instead of using the word “juvenile”, Philippine laws made use of the word “child”. As
defined in R.A. No. 9344, “Child” is a person under the age of eighteen (18) years.
While “Child at Risk” refers to a child who is vulnerable to and at the risk of committing
criminal offences because of personal, family and social circumstances. Some of the
examples mentioned in the law are: being abandoned or neglected, and living in a
community with a high level of criminality or drug abuse.
“Child in Conflict with the Law” or CICL on the other hand refers to a child who is
alleged as, accused of, or adjudged as, having committed an offence under Philippine
laws.
A child can commit an act or omission whether punishable under special laws or the
amended Revised Penal Code which is referred to as an “Offence”. Under Republic Act
10630, offences which only apply to a child and not to adults are called “Status
Offences”. These shall not be considered as offences and shall not be punished if
committed by a child. Examples of status offences include curfew violations, truancy,
parental disobedience and the like.
Before R.A. No. 9344 was enacted, children at risk and CICL were treated much like
adult offenders as when former President Ferdinand Marcos, Sr. signed into law the
Judiciary Reorganization Act 1980 which abolished the juvenile and domestic relations
courts. As such child offenders were subjected to the same adversarial proceedings as
their adult counterparts.
As an offshoot of the United Nations Convention on the Rights of the Child (UNCRC),
the R.A. No. 9344 intends to deal with these children without resorting to judicial
proceedings. Instead of punishing juvenile offenders and treating them as criminals,
these child offenders will be provided by the State and the community with assistance
to prevent them from committing future offences.
II. THE PHILIPPINES AS A JUVENILE JUSTICE ADVOCATE

As a signatory to the United Nations Standard Minimum Rules for the

Administration of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for
the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty and the most importantly
the Convention on the Rights of the Child, the Philippines guarantees the protection of
the best interests of the child in accordance with the standards provided for by these
international laws. In the Philippines, members of Congress had passed bills intended to
make laws more consistent with the Philippines’ advocacy on juvenile justice.
As much as the Philippines should be concerned with a juvenile justice system in
harmony with international policies, the dominant goal is to achieve a standard national
policy on CICL rather than an accurate reproduction of an international model on CICL.
R.A. No. 9344, one bill passed into law, institutionalized the promotion of the well-
being of child and their families, involvement of parents and guardians, promote of
diversion, avoiding deprivation of liberty and protecting the privacy rights of children.

R.A. No. 10630 further emphasized child-sensitive justice policies focused on the best
interest of the child. This principle has been first laid down in the Doha Declaration.

III. THE PHILIPPINE JUVENILE JUSTICE SYSTEM

A. Diversion and Intervention Programs.

The main features of R.A. No. 9344 are the diversion and intervention programs.
During the diversion process, the responsibility and treatment of CICL will be
determined on the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings. If the CICL is
found to be responsible for an offence, he/she will be required to undergo diversion
programs without resorting to formal court proceedings. During the intervention
programs on the other hand, they will undergo a series of activities to address issues
that caused them to commit an offence. These may take the form of counseling, skills
training, and education. The bigger the role these diversion and intervention programs
play in child behavior development, the more acceptance and social legitimacy these
programs are likely to enjoy in resolving problems with CICL.

B. Age of Criminal Responsibility and the Presumption of Minority

R.A. No. 9344 likewise rises the age of criminal responsibility from nine years of
age under Presidential Decree 603 to a minimum of 15 years old.
CICLs aged 15 and above are also exempted from criminal liability unless the
prosecution proves that they acted with discernment the capacity to distinguish right
from wrong. These child offenders are also afforded all the rights of a CICL until he/she
is proven to be eighteen (18) years old or older under the “presumption of minority”
rule. In all proceedings, law enforcement officers, prosecutors, judges and other
government officials concerned are mandated to exert all efforts at determining the
age of the CICL.

C. Restorative Justice
The concept of “restorative justice” as opposed to retributive justice has
also been introduced by R.A. No. 9344. It espouses resolving conflicts with the
maximum involvement of the victim, the offender and the community. It primarily aims
to achieve reparation for the victim, reconciliation of the offender, the offended and
the community, and enhancement of public safety. It also ensures that the child’s rights
will not be infringed when he/she admits to the offence

IV. THE PHILIPPINES’ TREATMENT OF CICL

A. Treatment of Children below the Age of Criminal Responsibility

If it has been determined that the child taken into custody is 15 years old
or below, the authority which will have an initial contact with the child, in coordination
with the Local Social Welfare Development Officer (LSWDO), has the duty to
immediately release the child to the custody of his/her parents or guardian, or in the
absence thereof, to the child’s nearest relative. If they cannot be located or they refuse
to take custody of the child, the CICL may be released to any of the following: a duly
registered nongovernmental or religious organization, a barangay official or a member
of the Barangay Council for the Protection of Children (BCPC), LSWDO, or the
Department of Social Welfare and Development (DSWD). Authorities which have initial
contact with the child refer to law enforcement officers or private citizens
apprehending or taking custody of the CICL. If the LSWDO determines that the child is
abandoned, neglected or abused by his parents, and 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. But if there are no parents or guardians, or they will not
execute it, the LSWDO or the DSWD shall file the proper petition for involuntary
commitment. Only those who are at least 12 years old can be committed to a youth
care facility.

B. Treatment of CICL Depending on Whether They Acted with or without

Discernment
The social worker using the discernment assessment tools developed by the
DSWD will come up with an initial assessment which is without prejudice to the
preparation of a more comprehensive case study report. The local social worker can
either release or commit the child to a youth care facility if he/she is 15 years or below
or above 15 but below 18 years old but who acted without discernment. However, if
the child is above 15 years old but below 18 and who acted with discernment, diversion
should be implemented.

C. System of Diversion
If the imposable penalty for the crime is not more than six years’ imprisonment,
mediation, family conferencing and conciliation, or other indigenous modes of conflict
resolution in consonance with restorative justice shall be facilitated by the law
enforcement officer or Punong Barangay with the assistance of the LSWDO or members
of the BCPC. Both the child and his/her family shall be present in these activities. In
victimless crimes where the imposable penalty is not more than six years’
imprisonment, the LSDO shall develop an appropriate diversion and rehabilitation
program, in coordination with the BCPC. Again, involvement of the child and his/her
parents or guardians is a must. Where the imposable penalty for the crime committed
exceeds six years’ imprisonment, diversion measures will only be decided by the courts.
The diversion program shall cover socio-cultural and psychological services for the child
which may include: reparation of the damage caused, counseling, participation in
available community-based programs, or in education, vocation and life skills programs.
At the level of the appropriate court, in addition to the programs cited, diversion
programs can also include reprimand, fine or institutional care and custody. A diversion
program will depend on the individual characteristics and the peculiar circumstances of
the CICL. Some of these factors are: the child’s feelings of remorse; the ability of the
parents or the guardians to supervise, the victim’s view; and, the availability of
community-based programs for rehabilitation and reintegration of the child. In case of
failure to comply with the terms and conditions of the contract of diversion as certified
by the LSWDO the offended party can institute the appropriate legal action. Also, if no
diversion took place because the imposable penalty exceeds six years, or the child or
his/her parents does not consent to diversion, the case shall be filed according to the
regular process.
D. Release on Recognizance
Where a child is detained, the court shall order the release of the minor on
bail or release on recognizance to his/her parents and other suitable person. The court
has also the option to transfer the minor to a youth care facility. In no case shall the
court order the detention of a child in a jail pending trial or hearing of his/her case.

E. Discharge of the Child in Conflict with the Law

When at the time of the commission of the offence, the child is under 18
years old and subsequently he is found guilty of the offence charged, the court shall
place the CICL under suspended sentence without need of application. Suspension of
sentence shall still be applied even if he/she is more than 18 years old at the time of
the pronouncement of his/her guilt. The court shall impose the appropriate disposition
measures in consideration of the various circumstances of the CICL. Upon
recommendation of the social worker who has custody of the child, the court shall
dismiss the case if it finds that the objectives of the disposition measures have been
fulfilled.

F. Confinement of Convicted Children

in Agricultural Camps and Training Facilities After conviction and upon
order of the court to serve his/her sentence, a CICL may in lieu of confinement in a
regular penal institution, serve in an agricultural camp and other training facilities that
may be supervised by the Bureau of Correction, in coordination with the DSWD

G. Competent Authority
Family Courts have exclusive jurisdiction over cases involving children in conflict
with the law. Jurisdiction is vested with Regional Trial Courts in places where there are
no family courts.

V. THE PHILIPPINES’ INSTITUTIONAL TREATMENT OF CICL

Republic Act No. 10630 or the Act Strengthening the Juvenile Justice
System provided for the establishment of an Intensive Juvenile Intervention and
Support Center for children (IJISC) under the minimum age of criminal responsibility in
“Bahay Pag-asa”.
The “Bahay Pag-asa” is a 24-hour child-care institution funded and
managed by local government units (LGU) and licensed and/or accredited non-
government organizations. Children in conflict with the law who are 15 to 18 years old
shall be housed in these temporary shelters while awaiting trial and the judgments to
be rendered by the courts.
The law also clarified procedures for children below the minimum age if
criminal responsibility, including those who commit serious offences. It provides that
any child aged 12 to 15 who commits a serious offence punishable by more than 12
years’ imprisonment should be deemed a neglected child under the Child and Youth
Welfare Code. As a neglected child, the minor should be placed in the IJISC. The same is
true with a child who was previously subjected to a community-based intervention
program. He shall also be deemed a neglected child and as such shall undergo an
intensive intervention program supervised by the LSWDO.
The child will undergo appropriate intervention programs through the
written authorization for voluntary commitment of the child as executed by the parents
or guardians or through a petition in the court for the involuntary confinement filed by
the LSWDO or DSWD. Based on the recommendation of the multi-disciplinary team of
the IJISC, the LSWDO or the DSWD, the court may require the parents of the CICL to
undergo counseling or any other intervention that would advance the best interest of
the child.
Child caring institution- facility which provide 24-hour resident group care for nine or
more mentally gifted dependent, abandoned, or neglected child, handicapped or youth
offenders.
Child placement center – an institution or person assuming the custody and care of
children for placement in any child caring institution or home under the and custody of
any person for purpose of adoption, poster care or guardianship..
Receiving homes – refers to family types home which gives temporary shelter from 10
to 20 days for the children under observation.
Rehabilitation Center – a facility that receives and rehabilitates youthful offenders or
other disturbed children for the purpose of determining the appropriate care for them
or recommending their permanent treatment in other welfare agencies. Manage by the
Department of social welfare development( DSWD), LGUs, licensed, and /or accredited
NGOs monitored by the DSWD.
Shelter care institution – a facility which provides protection to children in need of
emergency reception brought about by fortuitous events, abandonment, dangerous
conditions, and being without adult care.

VI. THE PHILIPPINES’ COMMUNITY-BASED (NON-INSTITUTIONAL) TREATMENT OF CICL

A. Who can avail?

One of the disposition measures that can be availed of by a CICL under
suspended sentence is Community-based Rehabilitation wherein he/she shall be
released to parents, guardians, relatives or any other responsible person in the
community. The LSWDO shall supervise the CICL in coordination with his/her
parents/guardian. Examples of this program are: competency and life skills
development; socio-cultural and recreational activities; community volunteer projects;
leadership training; spiritual enrichment; and, family welfare services. A child under
the minimum age of criminal responsibility shall also be subjected to a community-
based intervention program supervised by the LSWDO.

B. Cooperation between Community-based Treatment and Institutional

Treatment
If the best interest of the child requires, the CICL shall be referred to a youth
care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs
monitored by the DSWD. As mentioned previously, a CICL who was previously
subjected to a community-based intervention programme can be deemed a neglected
child. As such, he/she shall undergo an intensive intervention program supervised by
the LSWDO.

VII. THE PHILIPPINES’ SOCIAL INTEGRATION OF CICL

 Aftercare support services shall be made to prevent re-offending. These will be
given for a period of at least six months. These services could include life skills
development, livelihood programs and membership to existing youth organizations.
The aftercare support services shall be provided by the LSWDO. However, licensed and
accredited non-government organizations may also be tapped. As with the previous
programs, it will require active participation of both the child and his/her parents or
guardians. The ultimate objective of providing the children in conflict with the law with
interventions that will improve their social functioning is for them to be eventually
reintegrated to their families and to their communities as well.

VIII. THE PHILIPPINE JUVENILE JUSTICE SYSTEM

In its effort to articulate the Juvenile Justice System in laws, rules and
guidelines, the method of its proponents has always been experimented serving as a
working hypothesis which is continually being retested in the laboratories of youth
detention homes.
Throughout the history of its implementation, R.A. No. 9344 and its
progeny have been hailed as a medium of hope for CICL. During such times, the
Juvenile Justice System also faced criticism and difficulty. As such, the Juvenile Justice
System of the Philippines is at odds with itself as to whether or not the present system
warrants reconsideration. Today, the Philippines should see this exigency.
MODULE 2
2. 1 NATURE AND EXTENT OF JUVENILE DELINQUENCY

JUVENILE CRIME is a terminology used to generally denote various offenses

committed by children or youths under the age of 18. Such acts are at times referred
to as juvenile delinquency children’s offenses characteristically include aberrant and
anti-social acts, which would be considered crimes if committed by adults, and status
offenses, which are less serious misbehavior such as truancy, and parental
disobedience. Both are within the jurisdiction of the Family Court/ Juvenile court; more
serious offenses committed by minors may be tried in criminal court and be subject to
prison sentence.
The prevalence of Juvenile delinquency is primarily due to poverty, according to
the Philippine National Police (PNP) considering that theft is the common offense
committed by children. About 60 percent of juvenile crimes fall under crimes against
property.

Categories of delinquent youth

Accidental – Less identifiable in personality and temperament essentially a law abiding

citizen but happens to be at the wrong place at the wrong time. This may be credited to
peers pressures or pure curiosity on the part of the young person.
Asocial – Children whose acts are manifested by vile, cruel and atrocious acts and
conduct for which they feel no remorse. Timely intervention is necessary so as to
prevent them from becoming ruthless criminals capable of acts of committing violence
and heinous crimes.
Neurotic- The anti- social behavior of the youth is a direct result of internal conflict and
pre-occupation with his own emotion and mode. Counseling is necessary to control this
type of delinquency. Failure to do so will be risky since this anti- social behavior makes
the child prone to commit serial crimes upon adulthood.
Social- Refers to an aggressive teens who resents authority, whether be it parental,
school, regulations or ordinances and laws pass by the proper legislative authorities.
The most common reason for such dislike is focused to anyone who tries to control
their conduct.

Types of youth behavior disorders

Anti- social behavior- It may be best characterized by disobedience and disrespect for
authority.
Truancy- Students failing to attend their classes for 20 days without any
reasonable cause. This may be attributed to the school’s proximity to place of vices,
unattractive school life, failing grades, strict and unreasonable mentors, family and
domestic problems; fear of social bullies and fear of punishment.
Vagrancy- Children who are unable to cope with their family life and chooses to leave
the family home. This is a direct result of feeble- mindedness, disagreeable home
conditions, broken homes and misdirected fancy for adventures.
Emotional disorders – Such misbehaviors is related to fear reactions, temper tantrums
and jealousy reactions.
Lying – The penchant for not telling the truth clearly manifest that the following are
lacking: love, security, attention, respect, acceptance praise and happiness.
Stealing – This criminal act comes from loose of 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.

Causes of behavioral disorders

Predisposal factors- internal propensities which may not be considered as a criminal

act unless the attempt was made.
Precipitating factor- Is the condition and elements which provokes crime or factors
such as personal problems, curiosity, ignorance, necessities and diseases.

Methodology towards delinquency

Biogenic Approach – This view gives an explanation that the law violation and
delinquency is a result of some physical defects. It advocates that youth misconduct is a
direct result of faulty biology. Hence the support from family members, friends and
acceptance of the community may solve the problem on delinquency.
Psychogenic Approach – This argues that the critical factors in delinquency are
personality problems, to which the misbehavior is presumed to be the response. This
advocates the use of counseling to crucial juvenile misbehavior.
Socio-genic Approach- ascribes the distinction and variation and delinquency pattern
to social structure. The youth misdeed may be attributed to their learning process
cultured in on youth gangs, stigmatizing contacts with governmental and social control
agencies and other similar variables.

2.2 THEORIES OF JUVENILE DELINQUENCY

 Theories of Delinquencies
The Psychologists, Psychiatrists, Lawyers, Philosophers and Sociologists have
done various studies to understand criminal behavior and have put forward many
theories regarding this. All thinkers first try to explain the crime and delinquency from
their own prospective ways, frequently it is based on an incomplete study of the
problem. Now the thinkers are focusing on juvenile conduct and juvenile legislations,
because they have come to a conclusion that delinquency and crime are
interconnected to each other and could not be examined without understanding of
other. Many opinions, reasons and suggestions related to the cause of delinquency
have been printed in various sources, but they have hardly ever been incorporated.
Most of the theories regarding delinquency and crime suggest that they cannot
be explained in terms of one single informal factor. Generally, there are three major
views such as “Biogenic Theory, Psychogenic and Socio-genic”. Faulty biology of
Juvenile misconduct is the basis of biogenic approach. According to psychogenic
approaches they are diverse in nature. According to the Socio-genic theory there exist a
relationship between delinquency and the social structure of society. Some of the
theories are briefly described below.

Three Major Theories of Juvenile Delinquency

A. Biogenic Theory
Biogenic theory is based upon the conception that the natural body structure of
criminals is generally different from normal human beings. The criminality in a human
being is therefore a biological phenomenon, whose criminal tendency originates from
his physical character.
Cessare Lambroso‟ regarded as the founder of biogenic theory. He declared a criminal
is to be originated from an atavistic phenomenon, a biological throwback which
explains that the somatological characteristics of criminals resemble those of primitive
men. Physical attributes separates the normal human being from the abnormal human
being. Among the physical theories of delinquency, the most important aspect was
phrenology i.e. the study of the conformation (size and built) of the skull. Gall (1758-
1828) was a physician in Vienna when he was a young medical student he noticed that
“some of his fellows with distinct characteristics had certain head configurations”.
There arises a question in his mind, why people in the world had “such different faces
and different natures; why one person is deceitful, another one is frank and a third one
is virtuous”. When he tried to find out the answers of his questions, he set up a goal of
his life to observe and study each and every head which he could find. After visiting
various prisons and lunatic special homes to find the bumps and inequalities of the
skulls, he came to a conclusion that there exists a relationship between head ‘Knobs‟
and character behavior, to which he gave different names. And after that the
phrenology launched itself upon the world that is eagerly waiting to receive it.
According to Cessare Lombroso, “there exists a group of criminals who are born
for an evil cause, against whom all social remedies break as against a rock.” According
to him criminality is in-born of a human being. Lombroso said “a typical criminal has
certain physical characteristics as low forehead, hairy body, red eyes, ear deformation,
receding chin, big and protruding jaws, and an extreme sensitivity or non-sensitivity to
pain”. He was serving as physician in the army where he observed that troublesome
soldiers had certain different physical characteristics which were missing in the others
soldiers.

B. Psychogenic theory
Is based upon emotional psychology of the delinquent, Hirschi stated that all
theories are based on these aspects.
1. Motivational theory, which describes that statutory desires that are in compliance
with laws if not satisfied may diverge a person into deviant behavior.
2. Control perspectives – a person is free to commit delinquency acts because his ties
to the conventional is based on the cultural deviance which says that deviant conforms
to set of standards not accepted by a larger or more powerful society.
Glueek and Glueek have held that “physically a delinquent is hostile in nature, defiant,
resentful, suspicious, Stubborn adventurous, unconventional and non-submissive to the
individuals and to the authority”. The society itself results in delinquents and criminals.
The sociological factors are responsible for an individual’s behavior that either he
avoids criminal practice or get indulge into it depending upon their surrounding and
social conditions.
Professor Sutherland made an exhaustive study on criminals and presented two
explanations for criminal behavior namely:
• Processes operating at the time of occurrence of crime which be called the
dynamic explanation of crime, and
• The processes operating in the earlier life history of criminal which he termed as
historical or generic explanation of crime.
Sutherland said that “criminal behavior is not inherited through their ancestors and a
person who is not trained in crime cannot be diverted into criminal behavior. Rather,
criminal behavior is learned in interaction with other person especially within intimate
personal groups”. According to Sutherland agencies such as cinema and newspapers
play a comparatively important part in the beginning of criminal nature.
According to Sutherland a person becomes delinquent because he is easily
accessible to the definition of violation of law and is unknown about the hostile
definitions to violation of law. “Differential association” varies in duration, priority,
frequency and intensity.
Merton stressed the importance of “Anomic ‟ according to him, “anomic develops
because of break-down in the relationship or absence of social norms and value”
Anomic is a breakdown between goals that place great stress on success and to which
all groups in society are in doctrine without equivalent emphasis on institutional or
legislative channels of access to these goals.

There are five important techniques, which are as under:-

• The denial of harm.
• The denial of accountability.
• The denial of sufferer.
• The criticism of the crime.
• The appeal of higher loyalties.
According to authors these techniques lessen the effectiveness of delinquent
behavior.

(C) Psychiatric Theory

Airchorn said that “there must be something in child himself which
environment changes his behavior towards delinquency”. Delinquents behave
in a way as they want to do because they are abnormal persons.

(D) Medico-Biological Theory

“Medico biological” theory would include the genetic factors, substance
balances within the organism and undoubtedly the impact of physical illness
on his behavior. The biological justification, concerned primarily with inherited
characteristics, have a famous historical example in the concern of
Lamboreso9 with considerable physiological characteristics and such theories
remains popular today in such instances as the recent studies concerning „Y‟
chromosome.

(E) The classical Theory

The Classical theorists on the assumption of free will stated that the
criminal is morally responsible so he should therefore receive a punishment
according to that moral guilt. So, there were penalties according to the moral
turpitude involved in the offence and crime.

(F) Multi-causal Theory

According to Abrahamsen, “a criminal act is the sum of a person’s
criminalistics tendencies plus his total situation divided by the amount of his
resistance.”
Tendency Situation of Crime Resistance
The root of delinquency lies in both in nurture and nature of a person.
Greed of a candy may indulge one child to theft while adventurous spirit might
lead another child to run away with somebody’s car. Recent sociologists,
psychiatrists and criminologists agree that delinquency is a result of
innumerable factors. Burt enumerated more than 170 causes responsible for
turning the child intodelinquency. “Crime cannot be assigned to a single, two
or three universal sources but it springs from a wide variety, and usually from
innumerable alternative and converging influences. The concurrence of
subversive factors results in the development of violent behavior, as may
easily be conceived is present almost everywhere: it needs many coats of pitch
to paint a thing thoroughly black”. A single factor is not the solely responsible
factor of delinquency. It is an effect of various factors like poverty, economic
condition, poor living conditions, lack of education, surroundings, bad
company etc. The natural factors are biological, psychological and emotional.
Geographical and environmental conditions are indirect factors contributing to
delinquency, According to B.K. Bhattacharya, “there is much to do... to remove
growling poverty, to mend broken and disorganized homes, to abolish slums
with their worsen situation and to alleviate miseries of the millions of
refugees. At the other end, paradoxically, there is seen better clothes, and
food, better entertainment facilities, earlier physical and sexual maturity and
economic independence for some favored few. The young people do not get
adequate guidance or good example from the grownups. In an atomic age, an
age of violence, when robber nations care little for humanity, with ethics
shattered and ideals fallen, immediate gratification is sought, leaving
tomorrow to take care of it. One must not however, cease to hope and do
one’s best”. In a seminar held at the U.N. Regional Institute for Asia and the
Far East, Tokyo, there is increase in juvenile delinquency because of
breakdown of family unity ,moral and values, decreased bonding of human
relations, rising standards of living, impact of war, influence of mass
communication, social change etc. If we go through the previous background
of children committed to institutional care, most of the cases had some
common reasons that have turned them juvenile and the most common
reason is poor economic conditions and family environment.
 MODULE 3
FACTORS AND CAUSES OF JUVENILE DELINQUENCY

FACTORS OF JUVENILE DELINQUENCY

1. THE FAMILY
The family is an important social group that contributes to the development of
personality of the adolescents. The major processes of personality occur within the
family framework. The position of father represents power and authority and is
supposed to be the disciplining agent of society; the mother represents care, love and
affection. A well-organized family is regarded by the people as the best bulwark
against the occurrence of delinquency.
However, if a family is broken by divorce, desertion, separation, or death, or if a
family is inadequately organized as a social unit, it is said to be handicapped in carrying
on its responsibilities to bring up normal individuals in the society

2. SIZE OF FAMILY
Of the various spheres of influence within the family, size of the family is one of
the contributing factors in making a juvenile a delinquent an adolescent from a large
and poor family:
a) Does not get sufficient economic security;
b) Cannot get sufficient food;
c) Does not get congenial space for pursuing education and privacy;
d) Feeling inferior to others.

Family relationships, duties, responsibilities, privileges, and the amount of

control exercised over children differ considerably with factor like family size (Ivan
Nye: 1958). Ruth Erstrand (1931), in a study at the institute for children guidance, New
York city, related size of family to eighteen type of problems in children and found that
stealing and truancy were the only problems, which correlated consistently and
positively with the size. Plant (1930) stated that overcrowded had a positive
relationship with delinquency.
A study is conducted to find out the number of delinquents and non-delinquents
according to the size of the family. The study is done on 72 delinquents and 72 non-
delinquents in Tangail paurashava. The families have been classified mentioned as
below- small family 0 to 1 Child; Medium, 2 to 3 children and Large-4 and above.
3. EMPLOYMENT OF MOTHER
Delinquency is also seen to be resulting in case the mother is away from home
for considerable a long time. This occurs in such families where mother is away on
employment along with the father. The absence of both parents, at home throughout
the day not only has profound impact on the upbringing of children but also provides
ample scope to have free time for nefarious activities, especially in such homes where
the modem gadgets like VCR and Video cassettes are freely accessible. It is said that m
such situations the adolescents gather, indulge in vulgar gossiping, reading obscene
literature and watching obscene films which titillate their erotic sense. Some even go
to the extent of experiencing these pleasures. One such case is that Romi is a sixteen
years old boy who lives in his father Rohizuddin is a government employee Romi’s
mother Thoshlima Banu is a clerk in Bangladesh Rural Development Board.

4. CRIMINAL HOMES
Delinquency is caused not only by delinquent friends and associates but also by
the association of delinquent family members. The condition of family and what goes
on in family and the character of the members in the family are of great importance to
a growing adolescent. The character and personality of adolescents take their shape
under the framework of family life. It is the parents and elders who form the role-
models for youngsters in the family: If the family of an adolescent is delinquent he
learns naturally from its members to be delinquent precisely because the nature of
orientation one gets at home depends upon the character and personality of his
parents and elders in the family. An immoral home is a place where adolescent’s
personality and consuetude get actively corrupted by criminal parents and shimmer
elders. Such homes which are marked by an environment of chronic inebriety and
lawlessness are totally indifferent to the welfare of their adolescents

5. THE BROKEN HOMES

Children deprived of one or both parents, with no substitutes, are found
developing personality problems and deviating from socially approved behavior.
A broken home is one wherein one or both parents are missing because of death,
desertion or divorce. A number of studies have shown through empirical research that
broken homes can be a crucial predisposing factor for delinquency; some studies have
revealed that nearly 30% to 60% of juvenile delinquents hailed from the broken
homes.
6. EXCESSIVE PUNISHMENT BY PARENTS
It is found that severe corporal punishment, frequent chastisement, and
unnecessary parental control of adolescents are counterproductive and create
a negative influence upon the individual’s personality. These negative influences make
the adolescents revengeful towards their parental authority and they have been seen
turning hostile towards their parents and elders the.

7. THE SCHOOL
The school is perceived as one of the principal socializing agencies. The school,
especially at impressionable age exerts significant influence in molding the character
of adolescents in its charge. If the emotional problems of adolescents in the school are
not properly handled by the teachers and if the weak ones are not given the care they
are due by the teachers in the school, the school will turn into a major cause for the
deviance of such children.

8. POOR EDUCATIONAL ATTAINMENT

An adolescent is a product of his culture. The educational institution constitute
one of the principal socializing agencies of culture and as such exert unique influence
in molding the character of the youngsters in its charge. Their functional roles of
teaching and training youngsters contribute to a great extent in preventing the
emergence of non-violating behavior, including delinquency.

9. ILL-EFFECT OF PEER-GROUPS
Aside from the family and school, the most effective influence upon adolescents
comes from playmates and peer-groups outside the home. During certain periods of
growth in adolescence, especially between thirteen and seventeen years of age, as the
people say the opinions and suggestions of the peer-groups mean more to adolescents
than those which come from the family members. It is found that friends, class-mates
and other intimate associates of contemporary age have a significant influence in
shaping the daily routine and all round life style of the adolescents. The peer-group
which provides an ever-ready source of entertainment, recreation, and imaginative
challenge; and if it is a bad peer-group it provides an easy avenue for deviance and
delinquency.

10. POVERTY
There is a profoundly used proverb “Poverty is responsible to make a man bad- a
good man also becomes profligate if he is in poverty” Poverty per se is not a cause of
delinquency. But the contributions of poverty cannot be ignored in the discussion of
juvenile delinquency. Many adolescent offenses against private property are found to
economic causes, but usually causes other than sheer hunger or economic misery.
 A study is conducted to find out the positive correlations between the monthly
income of father, mother, employed brothers and sisters.

11 SEXUAL PERVERSIONS
Homosexual relationship is considered to be an abnormal attitude and is
disapproved by the society. Homosexuality is strongly condemned and is believed to
create abnormal and complex personality leading to criminal behavior among
individuals. Even heterosexual relationship and behavior which are considered normal
should be regulated within the framework of the prevailing social norms and values.
Following case is of an adolescent who turns into a delinquent because of the
influence of a sexual perversion on him.

12. STUDENT POLITICS

Politicization of students and educational institutions and consequently the
emergence of factions and militant groups, have contributed to a significant extent to
the delinquency of some adolescents at Tangai! Paurashava( City in Bangladesh).
During the time of harthals (strikes) the educational institutions remain closed and the
students evince interest and spend their whole time in conducting michil (procession),
shoba (meetings) and even indulge m jalaw- poraw (incendiary) activities. The
politicians motivate their student cadres to perform all types of destructive activities
for their political ends. It is those activities which spoil the career and personality of
the adolescents. The politically motivated antisocial and destructive acts are quite
often committed in groups. These activities are regulated according to the
sociopolitical patterns and control that had developed among the political leaders and
student politicians. They seldom create problem individually. Significant to note here
are the activities of the ushthrabaz (arms-hooligan) student politicians which have
facilitated the commission of offences in Tangail paurashava and other places.
Their corrupt influence on its members and the excitement provides a far
reaching impact. The techniques they adopt in committing crime, and the thrill created
by their gang activities tend to promote criminal behavior among the adolescent
students.

CAUSES OF JUVENILE DELINQUENCY

Juvenile delinquency takes place in different ways and it may vary in degree,
frequency and seriousness and involves different forms like theft, pick pocketing, drug
addiction, sex offences, predatory acts etc. Delinquency like other social problems has
complex roots. The child being future of the country should be given good
environment and good moral teachings which make him a responsible and wise citizen
of the country. If the child is growing up in an unpleasant surrounding, he learns wrong
 norms and values and soon after his childhood it is not easy to bring him back to the
right path.
When the child being managed to ignore their first crime then it gives them
further encouragement to commit more and more offences till they are apprehended,
tried and convicted by the authorities.

Now a day, the juvenile delinquents indulge in committing the serious nature of
offences as like adults which include theft, robbery, murder and even rape. No single
cause has been attributed for the causes of Juvenile delinquency, there are
innumerable causes basically, and causes of Juvenile delinquency are of three types:

• Biological
• Socio-Environmental
• Physiological and personal

A. Biological Causes
1. “Ocular Ailments: It leads to irritability causing emotional instability and discomfort
among children. Moreover, this may prevent them from acquiring sufficient
knowledge hampering them from leading a normal life.
2. Nose and throat problem: This may cause weakness and discomfort and may result
in dislike-ment for work and school bunking. Obstructed breathing may result in
mouth breathing and may, thus, give an appearance of inefficiency in work15.
3. Hearing Problem: Such as deafness or difficulty in hearing makes the person
concerned incapable for any particular work. His efficiency is greatly decreased which
adversely affects his ability to work and he depends on others which may lead to
antisocial behavior.
4. Speech Problem: An individual with speech problem is pitted or laughed at in
the society. Due to this feeling of inferiority may be developed which may lead to a
desire to make up in criminal acts.
5. Enuresis: It involves a disorder of functions of the bladder. Sometimes it
discomfort and even some time may lead to delinquency.
6. Irritation: Irritation caused by ailments such as different types of allergies, eczema,
and irritation of sexual organs is also a significant factor resulting in delinquency.
7. Headache: It may cause irritation of temperamental though rarely may result
in some sort of outburst.
8. Excessive strength: A person who is possessed excessive physical strength and his
mental trait being uncultured and not properly channelized, probability of his
committing an act of offence becomes higher.
9. Hypoglycemia: Hypoglycemia caused by low level of glucose in blood disturbs the
mental equilibrium and affects the level of consciousness, memory and orientation. It
 may make the person liable to assault, violent behavior, disruption of peace, suicide
homicide, drunkenness, theft, mischief, arson and slander”.

B. Socio-Environmental
1. Mobility: It is the major factor which is liable for crime causation in the society.
Nowadays communication and travel facilities have become easy due to
industrialization and urbanization which have led to the migration of persons to new
places. Chances of detection to these new places are low offers them opportunity for
crime.

2. Cultural conflicts: The urbanization and industrialization have resulted in drifting of

people from one place to another which has led to cultural conflicts between
inhabitants and immigrants. Such cultural conflicts occurring between different
sections of a society have resulted in deviant behavior thus increasing the crime rate
of that particular place. Ruth & Cavan found that “Eskimos are also still not free from
the problem of crime. They frequently indulge into deviant behavior such as
drunkenness and sex offences due to their immigration to urban areas and social
contact with non-Eskiness”. India also suffered from the same problem during Indo-
Pak partition in 1947 and in PakBangladesh times in 1971. That time there was
increased immigration of „Refugees‟ from Sindh and NWF region in 1947, which
created a barrier in the long-established social structure of Indian Society and resulted
into massive increase in crime.

3. Family Background: This factor also encourages the Juvenile to commit for offence
in the society. Sutherland said that “the family background has greatest influence on
the criminal behavior of offender or Juvenile. The Children divert themselves towards
criminal tendencies, if they find their parents or members of the family behaving in the
similar manner. A child who is grown up in a hostile aggressive parenting atmosphere
becomes an easy prey to criminality.

(a) Family Structure: The structures of the family are responsible for figuring out the
personality/character development of the child. A healthy and educated family
provide good atmosphere and encourages growth, confidence and makes him a
responsible and sensible citizen. Delinquents mostly belong to poor and inadequate
homes (Carr and Srivastava). Ingram found family structure to have important bearings
on delinquent behaviour of a child. Dornbuschs study revealed that “both the patterns
of family structure and decision making contribute distinctly to adolescents deviant
behavior”.

(b) Broken Homes: Broken home means a home where there is instability present in
homes due any one of the missing family member like either the parents is dead or
living separately or is divorced. If parents are drunkards or drug addicts or often fights
with each other also disturbs the mind of such children. In such conditions, the child
feels insecure and in that way finds his path. He is attracted toward the anti-social
elements, which he choose to keep himself happy and in this process, he is lead
towards the path of delinquency. Various researchers have found high incidence of
broken homes among juvenile delinquents. Shaw and McKay25 (1932), Weeks and
Smith (1939), Glueck and Glueck (1950), Browning (1960), Peterson and Becker (1965)
have reported in their studies the relationship between broken home and
delinquency. Badami (1965);considered broken homes with other factors, such as,
poverty, lack of recreational facilities, disorganized family, including family conflicts,
and neglect of children to be the important factors causing juvenile delinquency.
Rankin (1983) found that broken homes were highly associated with family offenses
such as running away from home and school absenteeism rather than with other types
of juvenile delinquent activities.

(c) Child's Birth Order in the Family: Lees and Newson (1954) found that sibling
position could be an attributing factor for differences among the delinquent. According
to their study middle children are likely to get less attention and care compared to
older and younger children resulting in attention deficit disorder. Such children are
more likely to get prone in criminal activities and their number is also considerably
large in group of delinquents. The results of their study have received some support
from the findings of Gluecks (1950) and Nye (1958).

(d) Family Size and Type: It is also recognize as a factor in reason of delinquent
behavior. Delinquents mostly belong to joint and bigger families as compared to the
smaller and nuclear families as less attention is likely to be paid towards children in
bigger families. Glueck (1950) found “delinquent child were more frequently come
from joint and larger families”. Andrew (1976) and Fisher (1984) also found similar
results in their studies on juvenile delinquents. Similarly, several studies have been
done which have emphasized upon the large size of population to be a contributing
factor to the growth of juvenile delinquency, but systematic studies are required to be
done in India to investigate into this phenomenon.

(e) Parent-Children Relationship: The most significant factor in the behavioral

development of a child is the relationship with their parents. The relationship with a
family is important in shaping the inter-personal behavior and cognition of the child
(Glueck and Glueck, 1950 and Nye, 1958). According to Desai (1979), “the child needs
to feel that there is at least one solid dependable fact in the changing confusion of his
social relationships, that he need never doubt his parents‟ affection for him”. But in
many cases, misunderstandings, hard feelings and open conflicts occur between
parent and the child.
4. Socio-economic condition: This condition is also a factor which leads to the child to
commit the offence. Present day industrial progress, economic growth and
urbanization have paralyzed our domestic life. The loose control over the wards has
slackened this leaving them free to behave as they like. Now-a-days, money is the
parameter to gauge or measure the social status of a man in society. The crimes in the
high circle of society may easily be covered up through money. The poverty
contributes a major factor in commission of crime.

5. Neighborhood: The influence of neighborhood is also having much to do with the

type of crimes occurring in that particular area. Therefore, densely populated villages,
towns and cities offer regular opportunities for crimes relating to theft, fraud, dacoity,
burglary, kidnapping, cheating etc. The cases of theft and pick pocketing are common
at public places like bus and railway stations. Another considerable characteristic of
delinquency is certain anti-social activities in the neighborhood. It includes gambling
houses, brothels and similar other bad characters institutions.

6. Alcohol and Intoxication: Now-a-day, it has become a fashion in the youth to

consume alcohol. Generally people give a spoon of Brandy to a sick child who is
suffering from cold and cough. They thought that the Brandy can be useful for cold and
cough, but the use of alcohol in any manner causes heavy damage to the mind and
body of the person or child, who consumed liquor. A child cannot identify the
consequences of his acts of consuming alcohol.
Those who take alcohol generally lose self-control. Generally it is a reason for
fighting between husband-wife and children and led to assault on them. It creates
hostile atmosphere at home and the children think it better to go away from house.
This may also reason for frustration in children which led them for commission of
crime. The lack of discipline and hostile atmosphere in family is very dangerous to the
child. The family should take care of child otherwise they might be indulging in
commission of offence.

7. Peer Group: The behavior of an individual largely depends on his peers. Some of the
individuals (mostly in teen ages) form gangs in which a number of individuals associate
together in group activity which often emerges into criminal tendency. Gangs act as a
contributory factor to juvenile delinquency. Boys and girls often learn techniques of
committing crimes in gangs. Gang is more or less a means of conveying techniques of
delinquencies, of training in delinquency, of safeguarding its members engaged in
delinquency and of maintaining continuity in delinquency. If a child remains with other
delinquents then he gets more opportunities of engaging himself in criminal activities.
He joins gang to secure everything which he does not get otherwise.
8. Nature of Society: The living condition of a society whether democratic, socialist or
dictatorship, also determines the prevalence of delinquent behavior of the children in
that society. Also, the surroundings of people in society are one of the aspects of
society which affect juvenile delinquency. For example, the rural and urban settlement
in India is much dissimilar in terms of livelihood, education, language and living
conditions etc. These dissimilarities seem to have differentially affected the frequency
of delinquency and this side needs to be further research.

9. The socio-cultural conditions: The socio-cultural condition is also a contributing

factor for juvenile delinquency. When a child living in a society he meets to different
types of persons some who were engaged in criminal activities. The anti-social
elements in the society have a tendency to change the normal children into
delinquents for their multiple benefits like to get their illegal work done and to earn
profit by attracting them initially in petty crimes like theft, extortion, cheating, pick-
pocketing etc. This affects the future and character of these children and it also creates
serious law and order problems for the administration also. According to Clarence
Darrow “the chi1d criminal is now common and for the most part is a product of the
city. All crime is doubtless much more common in the city than the country, and the
young criminal especially, is the product of the crowded community.

10. Cinema: Movies and social-sites are also considered as cause of crime or
delinquency because children are easily attracted by the movies. What they watch on
the movies and TV screen they try to do in their real life. Now day movies are based on
sexual crime and criminal actions scenes like dacoity, bank robbery, theft, hurt, rape
etc. The parents must give attention to their children and be careful that what their
children are watching on movies and TV and especially try to away them from cinema
which contains undesirable pictures and crime scenes.

11. Role of Press: Press plays a vital role in creation of good and bad impressions on the
mind of children. Children are generally paying attention to those headlines of
newspaper and clipping of news channel which contain news of gambling/lottery, loot,
robbery, rape, how to earn easy money etc. Children also learn how they can commit
the offence and earn easy money and become rich. Cases of robbery, loot, kidnapping,
gambling etc reported on daily and shown repetitively are also misleading factors to
the juveniles. Jerome Motto says that “newspaper is one of the factors in encouraging
suicide”. He relied on his research result, “that suicide rate in the Detroit area dropped
by 20% during the ten months strike when newspapers were not available”. He blamed
the newspaper for their constant emphasis on violence, aggression, sexuality, power
and notoriety.
12. Cheap Literature: There is a common belief that the bad and cheap literature has a
side effect on the minds of young people. Description of any particular crime in such
readings directly gives them suggestions and technical procedures to be used for
criminal activities. The effect of cheap literature on the minds of delinquent children
has been stressed by Frederick Wertham in the United States and by Mays in England.
According to Wertham “such literature only offers murder, crime and drug traffic to
children. Their effect in general is anti-educational and they interfere in education by
taking large chunks of a child‟s life during which he is not positively, that is,
educationally occupied. He came to a conclusion made from his studies over a period
of seven years”. Similarly, Mays in England holds that “cheap advertisements and
photos in the periodicals are responsible for providing stimulation to the teenage cult,
with the sole motive of promoting sale of certain kinds of articles”. Bhattacharya holds
the same view “the movie, the radio and the crime magazine, he says, stimulate crime
through imitativeness, especially in the impressionable ones who are open to
suggestions”.

13. Physical Standards: Lombroso stress on the organic causes of crime and suggested
several criminal types, such as criminals by passion and occasional criminals.
Kretschme identified “body-mind” types:
The cyclothymic and schizothyme.
He believed that the cyclothymic were less serious delinquents and criminals
than the schizothymes.
Sheldon (1949) also linked the body-types to delinquency. He discovered three
basic body types.
1. Mesomorphs – a body structure naturally athletic physique.
2. Endomorphs – have high body fat.
3. Ectomorphs - have low muscle and fat.

14. Mental makeup: Mental makeup of the child also conditions his behavior to a large
extent. Lots of researches reveal that “a large proportion of delinquents are pathetic
minded and deficient in intellect”. According to Henry H. Goddard, the greatest
Historian, “there are two basic theories of crime and delinquency. One refers to
spiritualism and the other relies on worldly explanation.

15. Heredity: The factor of heredity is emphasized a lot when studying the cause of
delinquent behavior. According to Goring, “pathetic mindedness is the result of
hereditary transmission”. An opinion was expressed in a Seminar on juvenile
delinquency that “delinquent parents breed delinquent children”. Heredity and
environment influences a child’s behavior to a large extent. “Heredity conditions what
a child can do or not do, whereas environment influences what he does”. However it
may be pointed out here that quite often what appears to be a hereditary trait is
nothing more than mere identification.
Thus, where a father is a thief, the son may start stealing from an unconscious
desire to be like him. Association makes him what he is. What passes from parents to
children is a tendency. These tendencies remain dormant till aroused by external
pressures. If children of criminals commit delinquent acts that should not be attributed
to heredity but rather to association, influence or training. Remove such children from
such an association very early in age and they will be different.

C. Physiological and personal

Criminal’s psychological behavior play a significant role in the
determination of delinquency. It is the psychology of a criminal which controls it mind,
and the mind designed the criminal act which a delinquent intends or wants to do.

There are some significant factors in act of anti-social behavior.

1. School Factors
The school plays a significant role for the growth and development of a
child, it is the school wherein the child has the closest contact with most children over
the maximum period of time. In some schools cruel treatment given by teachers
creates hatred and annoyance among the children which forces them to abscond from
the school and become delinquent. Bhatia pointed that “the unfavourable school
conditions may include harsh and unsympathetic treatment which often aggravates the
situation”. According to Pathak, “School is usually thought as a constructive agency but
when it fails) to perform its designated functions, it may become by virtue of its
negligence, a main contributor to delinquency.

2. Drug-addiction
Drug-obsession among the juveniles provokes them to commit petty crimes.
Taking of drugs by the juveniles now days is very common. Addiction creates
disturbance in family and also creates hostile atmosphere in family. This atmosphere is
highly perilous to the other child of the family. The parents must take care of their
children otherwise they may indulge in commission of offence.

3. Overcrowding
When a child sleeping with his parents in the same room, he watches and hears
those things which better to do shield. The shadow of family member jealousy towards
others family member or any other negative discussion is not good for their growth
and development of mind. The hostile and aggressive behavior of the father, mother
and any other family member may change the mind of child and this may also lead
them toward crime/delinquency.
Other causes of delinquency may be noticed as under:-

1. Bad Company
2. Adolescent insecurity
3. Mental conflicts
4. Excessive social suggestibility
5. Love adventure
6. School dissatisfaction
7. Poor recreation facilities
8. Poor living condition
9. Vocational dissatisfaction
10. Sudden impulse
11. Physical condition.

Child at Risk – a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances such as, but not limited
to the following:
1. Being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling, or
unable to provide protection for the child;
2. Being exploited including sexually or economically.
3. Being abandoned or neglected, and after diligent search and inquiry the parents
or guardian cannot be found.
4. Coming from dysfunctional or broken home family or without a parents or
guardian.
5. Being out of school
6. Being a street child
7. Being a member of a gang.
8. Living in a community with a high level of criminality or drug abuse.
9. Living in a situation of armed conflict.
 Module 4
Family Conditions and the Role of the Parents and Teachers
against Delinquency
The family is the fundamental building block of human society.
Consequently, the foundation of our Nation is only as strong as Philippine families.
There is much to be learned about the effects of family life on delinquency and crime.
This provides a good base for what is known and what is yet to be learned. The role of
the family in the prevention and treatment of juvenile delinquency has concerned
about major contribution to our understanding of this critical topic. It describes not
only how parental supervision and other aspects of sound family life prevent
delinquency, but also how the absence of parental involvement, or even negative
parental influences, may promote its development.
The home is the natural school for children. It is certainly the first. Through bonding
with their parents, children internalize the moral values that are likely to shape their
future conduct. Accordingly, as the report observes, "Children who are rejected by
their parents, grow up in homes with considerable conflict, and are inadequately
supervised are at greatest risk of becoming delinquents."
Family Life addresses not only the family life of children who may commit juvenile
offenses but the family life of adults who may commit criminal acts. It examines such
intriguing questions as whether being married or being a parent reduces the likelihood
of criminal activity and whether the family ties of prisoners assist their rehabilitation
and return to the community.
The family is under siege. The chance that a child will reach adulthood raised by its
first parents has never been lower. Families serve as one of the strongest socializing
forces in a person's life. They help teach children to control unacceptable behavior, to
delay gratification, and to respect the rights of others. Conversely, families can also
teach children aggressive, antisocial, and violent behavior. In adults' lives, family
responsibilities may provide an important stabilizing force. Given these possibilities,
family life may directly contribute to the development of delinquent and criminal
tendencies.
Research confirms that children raised in supportive, affectionate, and accepting homes
are less likely to become deviant. Children rejected by parents are among the most
likely to become delinquent. Studies also indicate that the child's disposition plays a
role in this causal chain. A troublesome child or adolescent is more likely to be rejected
by parents, which creates an escalating cycle that may lead to delinquency.
Marital discord and conflict and child abuse correlate with delinquency
Not all children who grow up in conflictive or violent homes become delinquent;
however, being exposed to conflict and violence appears to increase the risk of
delinquency.

Factors push some at-risk youth into delinquency

 Marital Discord
What effect does observing marital conflict have in determining delinquent behavior?
After discussing mother-only family structures, the question that frequently follows
asks, "Is a home with a bad marriage better for the children than a home with no
marriage?" the relevance of divorce and single-parenthood to children's behavioral
problems and emphasized marital discord as stronger in predicting delinquency.

What we know about marital discord and delinquency, then, is that:

There is consistently a positive relationship.

Children who witness marital discord are at greater risk of becoming delinquents. Social
learning theory argues that aggressive behavior is learned; as parents display
aggressive behavior, children learn to imitate it as an acceptable means of achieving
goals. However, most children who witness marital conflict do not become delinquent.
We do not mow much about the specific aspects of conflict that lead to delinquency.
Child Abuse –refers to the maltreatment that which may be habitual of a child which
may be physical abuse, psychological abuse, neglect, cruelty, emotional and sexual
maltreatment.
In the previous section, we discussed the effects of witnessing conflict and violence
between parents on children's propensity toward delinquency.
-What happens when the child is the direct recipient of violence?
-Does child abuse and neglect lead to subsequent delinquency and criminality?

Family Affect
The effect of physical violence inflicted on children by their parents.
-What about the psychological effects of rejection and the withholding of affection?
Do they contribute to delinquency?

This section looks at rejection versus affection, involvement, and cohesion within the
family unit.
The premise is that children who are raised in supportive, affectionate, and
accepting environments tend to become self-aware adults who can formulate their
own long-term goals and can successfully pursue socially and economically
fulfilling lives. In contrast, children of harsh, unloving, overly critical, and
 authoritarian parents often become self-absorbed as adults. Their impulsiveness
can result in violence and substance abuse (Chollar, 1987:12)The relationship
between abuse and delinquency has been described as a "cycle of violence" or the
"intergenerational transmission of violence" and attributed to the notion that
"violence begets violence" (Widom, 1989b:3). Curtis (1963:386) boldly stated that
abused and neglected children "become tomorrow's murderers and perpetrators
of other crimes of violence
Parental Criminality
What role does parental criminality play, if any, in relation to delinquency? In
the preceding sections, we observed that some children witness or the victims of
violence and conflict within the family learn and imitate that behavior as
adolescents and adults.
 Might it be the same for children whose parents engage in criminal
behavior?
 Do children of criminal parents learn criminality?
As likely as this proposition may seem, the literature contains few studies of
the relationship. Perhaps the topic has received so little attention because it seems
self-evident to many or, more likely, because it is a difficult matter to explore.
A child with criminal parents faces a greater likelihood of becoming a delinquent than
children with law-abiding parents. However, the influence appears not to be directly
related to criminality but rather to poor supervision.
Studies indicate that positive parenting, including normative development, monitoring,
and discipline, clearly affects whether children will become delinquent. Adequate
supervision of free time activities, whereabouts, and peers are critical to assure that
children do not drift into antisocial and delinquent patterns of behavior. Surprisingly,
little is known about normative and moral development within the family as they relate
to delinquency.
• Children who have criminal parents are at greater risks of becoming delinquent
themselves.
• Research seems to be revealing a pattern of disrupted family functioning resulting
from· the father's possibility and the mother's criminality may include.
• The presence of the delinquent parent in family life.
• Whether a supportive parent can buffer the effects of a criminal parent.
• How much the child actually knows and observes about the activities of the criminal
parent.
• Whether the parent is caught and punished.
• The relationship to other variables such as affection, supervision, and other parenting
attributes.
Single-Parent Families
For many people, there is an intuitive appeal to the idea that a single parent,
particularly when female, will be less able to effectively supervise, guide, and control a
child or adolescent to insulate him or her from criminal or delinquent influences.
Single-parent homes may produce more delinquent’s dates back to the early 19th
century. As mentioned in the beginning of this monograph, officials at New York State's
Auburn Penitentiary, in an attempt to discern the causes of crime, studied the
biographies of incarcerated men. Reports to the legislature in 1829 and 1830 suggested
that family disintegration resulting from the death, desertion, or divorce of parents led
to undisciplined children who eventually became criminals (Rothman, 1990:65).

Role of the parents and teacher against delinquency

1. Parental education
Is very essential for the Juvenile from preventing them being involved in any
crime. It is the responsibility of the parents to provide their children such education
that they keep themselves away from delinquent acts and also not get involved in
criminal activities. Every community should ensure opportunities and educational
programs for parents who will help in improving family relationship and give them
guidance for the proper education and care of children. Parents help their children
establish certain behavioral attitudes, and once established these attitudes are difficult
to change or suppress. Parents who instill antisocial attitudes and behaviors in their
children encourage such attitudes to persist into adulthood.
Child development has emotional, intellectual, social and physical aspects, with the
family being the foundation upon which this development occurs. The family structure
plays an important role in shaping a child by providing security and developing their,
values and skills.

2. Development of the Security of a Child

Children rely on their parents for their basic needs, such as clothing, shelter and
food, providing their primary sense of physical security. They also get emotional
security from the family that can find nowhere else, allowing children to grow in
confidence and be able to express themselves fully.
Giving children a stable home routine also enables them to feel secure, as they know
they will eat, drink, bathe, and sleep at certain times without being disturbed.

3. Development of a Child’s Values

The parents play an important role in inculcating norms and values within
children. These include an understanding of right and wrong, respect, fairness,
compassion and responsibility. Children learn these values by observing and emulating
their parents’ behavior, and being taught by their parents. Thus, children learn both the
importance of these values and the consequences of not observing them.
4. Development of a Child’s Skills
The moment children are born, they start learning skills that include cognitive,
emotional, interactional and language skills. These skills are acquired over time and are
very important as they shape a person and improve their ability to fulfill their potential.

For example:
1. Emotional skills are important for children as they teach them how to
deal with life’s difficulties and when to have sympathy and compassion for others.
2. Without emotional skills, children are inclined to engage in destructive
choices when they are older.
3. Children with low emotional skills are likely to engage in criminal
activities.

Role of Teachers
Major challenges for teachers are to nurture children’s learning and give him various
experiences to face this challenging world. She molds the child to be a responsible and
independent learner. Teacher is the first person from whom child learns his social skills
in school. Teachers make him comfortable and guide him the early concepts and
developmental skills of life. Open minded, well balanced and a planned teacher has a
great power to bring a positive change in the child’s development. As the child grows
and develops mastery in different skills, teacher becomes a real guide in nurturing his
interest and learning to make him more independent.

Teacher involvement is created by positive, caring teacher-student relationships. Not

only does this relationship directly impact the children, it also helps create the
foundation for a more beneficial overall school climate. Students who perceive they
have reduced social support are more likely to engage in problem behavior than those
who may have more social support. Mihalas, Morse, Allsopp, and McHatton also found
that teachers are differentiated by children from other adults, thus teachers may have
a greater ability than other adults to have a positive influence on the lives and
outcomes of their students. This is because they are in a position to bolster intellectual,
social, and behavior development of their students simultaneously in the classroom
setting. Other adults in the students’ lives may not be in a position to be able to provide
this type of support.
 There are factors that can become roadblocks to the formation of these types of
relationships

1. Teachers may feel like they have a lack of time to spend fostering individual teacher-
student relationships.
2. There is also a lot of pressure from high academic demands placed on the teachers
by the school system leading to greater rigidity in interactions as well as
demandingness for high academic performance of the students.
3. These types of situations are not promising for the development of caring teacher-
student relationships.
4. That teachers may also feel negativity toward students with Emotional and Behavior
Disorder (EDB).
This may be because they feel unprepared or unable to deal with the
problems associated with these disorders, thus are frustrated by these students
presence in their classrooms. In order to build caring teacher-student relationships,
teachers need to understand that each child with EBD is different, thus each will
respond to interventions differently.
This study suggests that teachers can develop effective interventions and
practices by getting to know their students and their backgrounds. In this way the
teachers are more likely to understand the cause of their students’ behavior. This will
help the teachers best meet their students’ needs. The importance of the students can
be demonstrated by teachers through active listening, encouragement to participate in
the goals of their education, and feedback on how they are doing in school including
celebrations of success. Teachers are in the position to be advocates for their students’
success.
LA CARLOTA CITY COLLEGE
City of La Carlota
-oOo-
CRIMINAL JUSTICE EDUCATION DEPARTMENT

MODULE
IN

CRIMINOLOGY - 5
JUVENILE DELINQUCY AND JUVENILE JUSTICE
SYSTEM
Ist semester, A.Y 2020-21
Module 5
 Parental Rights and Disciplinary Authority Over Their Children

*Rights, Welfare, and Protection of Children under applicable Laws

Module 6 *Juvenile delinquency Prevention programs

Module 7 *Models of Juvenile Justice System
Module 8 *R.A. 9344 as amended and other relevant and applicable laws and
UN declarations