Juvenile delinquency

Juvenile delinquency is a universal phenomenon. Every element which prevents

children from developing in a healthy way, both physically and emotionally tends
to bring about a pattern of emotional disturbances, which is always the root of
antisocial or criminal behaviour. Such behaviour when found in youngsters, is
called juvenile delinquency. Juvenile delinquency, then, involves any criminal act
against persons or property committed by a child.

Juvenile delinquency is the act of committing a crime at a very young age. A

juvenile delinquent is a young person, particularly a teenager under the age of
eighteen, who breaks a state or federal law by committing a crime.

Teens are still immature and do not think like adults, therefore they are prone to
making mistakes or committing crimes that are not fully in their control. Teens
can break laws for various reasons, and there are a number of factors that can
lead them to juvenile delinquency.
The behavior of a minor child that is marked by criminal activities, persistent antisocial
behavior, or disobedience which the child’s parents are unable to control.

Definitions
1-A violation of the law by a minor, which is not punishable by death or life imprisonment.

2- Conduct by a juvenile characterized by antisocial behavior that is subject to legal

action

3-Children who are involved in criminal or illegal action but are less than 18 years are
called juvenile delinquents.

4- A violation of the law committed by a juvenile that would have been a crime if
committed by an adult.

5-Cohen: Worldwide, criminal acts of young persons are referred to as juvenile

delinquency.
6-Wikipedia: Juvenile delinquency, also known as "juvenile offending", is the act of
participating in unlawful behavior as a minor or individual younger than the statutory age
of majority

7-Clyde B.Vedder: ‘juvenile delinquency refers to the anti-social acts of children and of

young people under age.

Juvenile Delinquents
Juvenile delinquents are often defined as children under the age of 18 years who have
committed a criminal act.

There are two main types of offenders: repeat offenders and age specific offenders.
Repeat Offenders
Repeat offenders are also known as “life-course persistent offenders.” These juvenile
delinquents begin offending or showing other signs of antisocial behavior during
adolescence. Repeat offenders continue to engage in criminal activities or aggressive
behaviors even after they enter adulthood.

Age-Specific Offenders
This type of juvenile delinquent behavior begins during adolescence. Unlike the repeat
offenders however, the behaviors of the age-specific offender ends before the minor
becomes an adult. The behaviors that a juvenile shows during adolescence are often a
good indicator of the type of offender he will become. While age-specific offenders leave
their delinquent behavior behind when they enter adulthood, they often have more mental
health problems, engage in substance abuse, and have greater financial problems than

adults who were never delinquent as juveniles.

Risk Factors and Predictors of Juvenile

Delinquency
Many children get the label of juvenile delinquent early, often between the ages of 6 and 12
years. Many juvenile behaviors during the pre-teen and teenage years may be considered
normal behavior for children, as they widen their boundaries, and struggle to develop their
self opinion. There are, however, certain signs that a child might be headed in a bad
direction.
Predictors of juvenile delinquencies may appear as early as preschool, and often include:
 Abnormal or slow development of basic skills, such as speech and language
  Chronic violation of the rules
 Serious aggressive behavior toward other students or teachers
Studies have found that a number of life circumstances constitute risk factors for a child to
become a juvenile delinquent. While these are many and varied, the most common risk
factors for juvenile delinquency include:
Authoritarian Parenting – characterized by the use of harsh disciplinary methods, and
refusal to justify disciplinary actions, other than by saying “because I said so.”
Peers Association – usually resulting from leaving adolescents unsupervised, encouraging
a child to engage in bad behaviors when acting with his peer group.
Low Socioeconomic Status
Permissive Parenting – characterized by lack of consequences for bad behavior,
permissive parenting can be broken down into two subcategories: (1) neglectful parenting,
which is a lack of monitoring a child’s activities, and (2) indulgent parenting, which is the
enablement of bad behavior.
Poor School Performance
Peer Rejection
ADHD and other mental disorders (attention deficit hyperactivity disorder.) It is a medical
condition. A person with ADHD has differences in brain development and brain activity that affect
attention

Causes of juvenile Delinquency

Broken Family
A teen adopts moral and ethical values from his parents and other family
members. It goes without saying that family plays a vital role in shaping a
teen’s behavior and grooming his/her personality. However, teens become
violent or show signs of juvenile delinquency only when they’re facing
disturbance at home. Broken or disturbed families with bad relations can
cause teens to go astray and become violent. Single parents are often busy
working, therefore they’re not able to spend quality time with their children.
This causes teens to seek attention from others, especially their peers.
Lack of Communication
Often lack of discourse in the family can lead children to find solace other
than homes. When they are not having any communication with their
parents or family members at home, they may lose unity, trust, and
understanding, which can eventually lower their self-esteem or self-
confidence. Once they feel they’re losing their individuality, they tend to do
things they shouldn’t do to boost their self-confidence. They blindly follow
their peers and adopt their unhealthy lifestyles. They shoplift and consume
drugs to look cool in the eyes of their peers.
Lack of Finances
Young or adult, may lead to a wrong path to improve their financial
conditions. Teens become juvenile delinquents due to lack of finances.
When they experience poor economic conditions, they start engaging in the
wrong activities. They may start selling drugs or steal things to improve
their economic conditions.

Lack of Social and Moral Training

Teens who have not given any social or moral training often lead to juvenile
delinquency. It is the parent’s duty to teach moral and ethical values to their
children. They should teach them the difference between right and wrong
behavior. Lack of social and moral values can lead children to poor
interaction with others and make them less confident. They may become
selfish and arrogant. They would not know how to respect the laws of the
state. Parents often neglect their children and pay more focus on working
hard to earn money for them. However, while doing so, they forget the
importance of spending quality time with their children. In their absence,
children tend to spend time with someone who pays attention to them.
They may also fall into wrong hands or get involved in a bad company
while seeking attention from someone other than their parents. 

Psychological issues
Poor socio-economic status, indifferent attitude of parents, feelings of
inferiority, lack of attention, and many other reasons can lead to various
types of psychological issues in children and adolescents. For example,
depression, fears, and complexes, excessive aggression, etc. This can
provoke the minor to commit a crime.

Mass Media
There is growing concern these days that the mass media have also
become a source of unhealthy influence particularly on children.
Sensational reporting by detailing the modus operandi can affect the
readers in dangerous ways. They sometimes indicate that there are
methods of evading the law or project unnecessary violence that influence
impressionable minds.
Slum neighborhoods
Slum neighborhoods also sometimes encourage delinquent behavior, as
pressure to make a decent living is much higher for the people residing
here. They also want the same good things that they see others enjoying
but at times it is difficult to get them honestly due to lack of education or
opportunity. Many times crime becomes an accepted way of life an
alternative to the honest work. They are also exposed to the undesirable
elements. Crime and delinquency thus become attractive.

Peer group influence

Peer group is a very strong force that can cause delinquent behavior in the
adolescent. When friends commit crime adolescents often learn to do it and
they cannot understand the consequences of the crime. Peer group
rejection can also be the cause of juvenile delinquency. Adolescents can
also show delinquent behavior when they cannot get similar resources as
their friends have.

Substance Abuse.
Whether the substance abuse is that of family members or the child has a
problem, drugs and alcohol can play a large part in factors leading up to
delinquent acts. When a person is under the influence of any type of drugs
or alcohol their decision-making process is not at its best. Additionally,
addiction can lead to theft in an effort to support a habit.

Social or Environmental Factors

(a) School Dissatisfaction: Some students get dissatisfied with school life.
Parental irresponsibility, unmanageable student-teacher ratio, lack of
entertainment and sports facilities in schools, indifference of the teachers
may contribute to this.

Such dissatisfied students become regular absentees in schools and start

wandering in streets. They may even form gangs of their own and become
gamblers, eve-teasers, pickpockets, drunkards, smokers and drug addicts.
(b) Films and Pornographic Literature have also added to the magnitude of
delinquency. Cinema, television and obscene literature may often provoke
sexual and other impulses in adolescents. Hence they may start their
‘adventure’ in satisfying them in the process of which they commit crimes.

(c) Deep-seated inner desires coupled with outside pressures, compulsions

and temptations also contribute to juvenile delinquency. For example, on
hearing the interesting narration of the illicit sex experiences or such other
criminal experiences from one’s gang mate, one may be tempted to follow
the same.

Solutions
Role of Family
Parents can take the responsibility of fighting against any abnormality that
their children have in their personality. Children especially teenage children
have not reached the age of maturity where they know the difference
between good and bad. They should know about the friends of their
children and their other mates. In case of any disability parents and
teachers should talk to the teens about their problems and they should try
to solve their problems. From early childhood parents should ensure that
their children meet people of their age and know how to behave in the
society. The family should have a positive attitude towards life and towards
society. Parents and elder siblings should show the children positive
values, norms and standards of society in this way the children will be able
to show the right behavior to the society. Family is the role model of every
child and a model behavior by the parents and siblings can give motivation
to the child to behave positively.

Community Involvement
Many theories hold that a key element in solving juvenile delinquency is for
community members to take an interest in the problem. Adults may be able
to play a vital role by displaying positive and concerned attitudes towards
youth in their communities, and by getting involved in youth activities. If
business owners, corporate leaders, and school officials are all on more or
less the same page when it comes to encouraging appropriate engagement
between youth and the larger society, kids often stay out of trouble.
EDUCATION
Model programs have assisted families and children by providing them with
information. Some programs inform parents on how to raise healthy
children; some teach children about the effects of drugs, gangs, sex, and
weapons; and others aim to express to youth the innate worth they and all
others have. All of these programs provide youths with the awareness that
their actions have consequences. This is particularly important in an era
where youth are barraged with sexual and violent images. Educational
programs have the underlying intent of encouraging hope and opening up
opportunities for young people.

RECREATION
One of the immediate benefits of recreational activities is that they fill
unsupervised after-school hours. The Department of Education has
reported that youths are most likely to commit crimes between 2 p.m. and 8
p.m., with crime rates peaking at 3 p.m. Recreation programs allow youths
to connect with other adults and children in the community. Such positive
friendships may assist children in later years. Youth programs are designed
to fit the personalities and skills of different children and may include
sports, dancing, music, rock climbing, drama, karate, bowling, art, and
other activities.

BULLYING PREVENTION PROGRAM

The Bullying Prevention Program is put into place in elementary and junior
high school settings. An anonymous student questionnaire fills teachers
and administrators in as to who is doing the bullying, which kids are most
frequently victimized, and where bullying occurs on campus. Once teachers
and administrators have learned about how and where bullying occurs at
their school, they set up class rules and facilitate discussions that address
the problem. Individual bullies and victims receive independent counseling.
The program succeeds in creating a safer, less hostile environment for
students at minimal cost.
PREVENTION PROGRAMS WITHIN THE JUVENILE JUSTICE SYSTEM

A youth entering the Juvenile Justice System has the opportunity to receive

intervention assistance from the state. In the care of the state, a youth may
receive drug rehabilitation assistance, counseling, and educational
opportunities. The success of the Juvenile Justice System is measured by
how well it prepares youth to re-enter the community without committing
further crimes. Optimally, all juvenile detention facilities would catch youths
up on their education, provide them with job training, give them the
experience of living in a safe, stable environment, and provide them with
assistance to break harmful habits.

Encourage participation in school-sanctioned

activities.
 If kids are involved in healthy and safe school-sanctioned activities, they're
less likely to drop out of school or become involved in unhealthy
relationships. Ask the child what their interests are and help them find a
school activity that matches those interests.

 For example, if they like movies, encourage them audition for a play
or get involved with the drama club. If they like music, the band or
choir can be a good choice.
 If cost prevents some students from participating in such activities,
look into establishing a scholarship fund that covers some or all of the
cost for those activities

Conclusion
 Adolescence is a period of transition from children to adulthood. In this
period the youth are faced with many problems. Juvenile delinquency is
one of the things that deviate because there are negative thoughts and
negative influences on adolescent self. Juvenile delinquency is a reflection
of the actions of adults in all sectors of life that is filled with black shadows
and struggles fun (full of intrigue, violence, cruelty, lust of power, hypocrisy,
falsehood, etc.). And here the support from parents, family, friends, and
surrounding community is one form of reinforcement teens to behave more
positively. Therefore, for adolescents should be careful in the mix because
the environment greatly affects adolescent behavior

Dealing with Juvenile Delinquency

The procedures followed in the juvenile justice system differ greatly from
those followed for adult offenders. Each state has specific programs or
systems that deal with juvenile offenders. Juvenile offenders come into
police contact in number of ways. Some are caught committing a crime and
arrested, others are referred to police by parents or school officials. Once
the police have become involved, they may choose to deal with a juvenile
offender in several ways. The police can:
 issue a warning and release of the minor
 detain the minor and notify the parents to pick him up
 refer the case to juvenile court
 arrest the minor and refer the case to juvenile court

Preventing Juvenile Delinquency

Prevention of juvenile delinquency serves at-risk youths, their families, and
the public, as it can put a stop to the transition of juvenile offenders to adult
offenders. Prevention services are offered by a number of government and
private agencies, and include such services as:
 Substance Abuse Treatment
 Family Counseling
 Individual Counseling
 Parenting Education
 Family Planning Services
The availability of education, and encouragement of minors in obtaining an
education, plays a large role in prevention of juvenile delinquency. This is
because education promotes social cohesion, and helps children of all
ages learn to make good choices, and to practice self-control.
Crime prevention on Juvenile level
a- Juvenile courts
 Juvenile justicein Pakistan deals with crimes committed
by Pakistani children. The minimum age for criminal responsibility
in Pakistan is seven years. According to a SPARC report published in 2012
there were 1500 to 2000 juveniles (under-18 children) imprisoned
in Pakistan.

Section 4 Juvenile Courts.

The Provisional Government shall, in consultation with the chief Justice of High
Court, by notification in the official Gazette, establish one or more juvenile Courts
for any local are within its jurisdiction.

Section 5. No joint trial of a child and adult person

Notwithstanding anything contained in section 239 of the Code, or any other law
for the time being in force, no child shall be charged with or tried for an offence
together with an adult. A child is charged with the commission of an offence for
which under Section 239 of the Code, or any other law for the time being in force
such child could be tried together with an adult, the Court taking cognizance of
the offence shall direct separate trial of the child by the Juvenile Court.

Section7. Determination of age

If a question arises as to whether a person before it is child for the purposes of

this Ordinance, the Juvenile Court shall record a finding after such inquiry, which
shall include a medical report for determination of the age of the child.

Section 10. Arrest and bail,

Where a child is arrested for commission of an offence, the officer Incharge of the
police station in which the child is detained shall, as soon as may be, inform.
(a) the guardian of the child, if he can be found, of such arrest and inform him of
the time, date and name of the Juvenile Court before which the child shall be
produced; and
 (b) The concerned Probation Officer to enable him to obtain such information
about the child and other material circumstances which may be of assistance to
the juvenile Court for making inquiry.

Section 11. Release on Probation.-

Where on conclusion of an inquiry or trial, the Juvenile Court finds that a child
has committed an offence, then not withstanding anything to the contrary
contained in any law for the time being in force, the Juvenile Court may, if it
thinks fit.. Direct the child offender to be released on probation for good conduct
and place such child under the case of guardian or any suitable person executing a
bond with or without surety as the court may require, for the good behavior and
wellbeing of the child for any period not exceeding the period of imprisonment
awarded to such child: Provided that the child released on probation be produced
before the Juvenile Court periodically on such dates and time as it may direct.
Make an order directing the child offender to be sent to a borstal institution until
he attains the age of eighteen years or for the period of imprisonment whichever
is earlier.

Section 12. Orders that shall not be passed with

respect to a child…

Notwithstanding anything to the contrary contained in any law for the time being
in force no child shall be: - Awarded punishment of death, or ordered to labor
during the time spent in any borstal or such other institution; and Handcuffed, put
in fetters or given any corporal punishment at any time which is custody; Provided
that where there is reasonable apprehension of the escape of the child from
custody, he may be handcuffed.

Juvenile Reformatories
According to International Law how to deal with the juveniles after trial

 i. No child below 18 years of age should be punished with death sentence or life
imprisonment, without any possibility of release;
 ii. No child shall be subjected to torture or other cruel, inhumane or degrading
treatment or punishment;

 iii. During detention, the juvenile delinquents must be kept separate from the adult
criminals;

 iv. During placement in a juvenile institution, the child must have regular contact
with his family.

 V.The State shall establish institutions for the care, education and training of the
juvenile delinquents so that they are rehabilitated and reintegrated
into the society;

 vi. As an alternative to placing the child in an institution, the State should establish a
system of guidance, counselling and probation for his
rehabilitation.

Reformatories
Reformatories are penal institutions known to assist offenders in correcting
their prior deviant behaviors through various types of correctional
programming.

 Juvenile reformatories are institutions used to provide juveniles

structured, corrective treatment and programming to prepare them to
live healthy and productive lives as they mature into adulthood.
 Correctional institution for the treatment, training, and social
rehabilitation of young offenders.

Since the beginning of the Child Savers Movement during the 1800s, there
was a growing need to address naughty youth in a manner that was viewed
more as reform as opposed to harsh punishment. The creation of juvenile
reformatories, often referred to as reform, industrial, or training schools was
the first steps at addressing this population. Despite controversy about how
reformatories were operated, these institutions have evolved to address the
changing issues and concerns presented by adolescents and practitioners
charged with ensuring the proper administration of rehabilitation and
justice.

Juvenile Institutions in Pakistan

Currently, there are only two separate juvenile jail-cum-borstal institutions in the
country, one at Bahawalpur (Punjab) and the other at Landhi (Sindh). In NWFP, a
separate juvenile circle has been established in the Central Prison at Peshawar.
Similarly, the Prison at Haripur also has a juvenile camp, situated at Nathiagali. In
Baluchistan, the convicted juveniles are housed separately at the Central Prison at
Mach. Elsewhere in the country; complete separation of the juveniles from adult
prisoners has not been effected. In places where it is done, the environments as well
as conditions are far from satisfactory. This is so because juvenile sections are
created within the boundaries of jails.

Juvenile probation
An alternative to imprisonment allowing a person found guilty of an offense
to stay in the community, usually under conditions and under the
supervision of a probation officer. A violation of probation can lead to its
revocation and to imprisonment.

 Juvenile probation is a form of juvenile sentencing which allows

juvenile offenders to remain in their communities.

Where on conclusion of an inquiry or trial, the Juvenile Court finds that a child has
committed an offence, then not withstanding anything to the contrary contained
in any law for the time being in force, the Juvenile Court may, if it thinks fit. Direct
the child offender to be released on probation for good conduct and place such
child under the case of guardian or any suitable person executing a bond with or
without surety as the court may require, for the good behavior and wellbeing of
the child for any period not exceeding the period of imprisonment awarded to
such child: Provided that the child released on probation be produced before the
Juvenile Court periodically on such dates and time as it may direct. Make an order
directing the child offender to be sent to a borstal institution until he attains the
age of eighteen years or for the period of imprisonment whichever is earlier.
Pakistan is a signatory of the Convention on the Rights of Child. Article 37
of the CRC states,
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or
degrading treatment or punishment. Neither capital punishment nor life
imprisonment without possibility of release shall be imposed for offences
committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily.
The arrest, detention or imprisonment of a child shall be in conformity with
the law and shall be used only as a measure of last resort and for the
shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and
respect for the inherent dignity of the human person, and in a manner
which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from adults
unless it is considered in the child’s best interest not to do so and shall
have the right to maintain contact with his or her family through
correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt
access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of his or her liberty before a court or
other competent, independent and impartial authority, and to a prompt
decision on any such action.

Juvenile Justice System Act (JJSA) 2018(Pakistan)

 On May 18 2018, the President of Pakistan approved the Juvenile Justice System
Act (JJSA) 2018, which was passed by the Parliament earlier this year. JJSA 2018
overcomes the shortcomings which were present in Juvenile Justice System
Ordinance 2000, and provides a much better system for criminal justice and social
reintegration for juvenile offenders. The Act defines a child according to the
definition of UNCRC as ‘a person who has not attained the age of eighteen years’.

JJS Act 2018 classifies the criminal offences into following three different
categories:
1) Minor, which means an offence for which maximum punishment under the
Pakistan Penal Code, 1860 is imprisonment for up to three years with or without
fine. A juvenile is entitled to bail in minor offences, with or without surety bonds
by Juvenile court.

2) Major, which means an offence for which punishment under the Pakistan Penal
Code, 1860 is imprisonment of more than three years and up to seven years with or
without fine. Bail shall also be granted in major offences with or without surety
bonds by juvenile court.

3)Heinous, which means an offence which is serious, brutal, or shocking to public

morality and which is punishable under the Pakistan Penal Code, 1860 with death
or imprisonment for life or imprisonment for more than seven years with or
without fine. A juvenile of less than sixteen years of age is entitled to bail in
heinous offences, but a bail is on discretion of court if juvenile is more than sixteen
years of age.