Juvenile Delinquency

PD 603 - Child and Youth Welfare Code

RA 9262 - Anti Violence Against Women and their Children Act of 2004.

RA 9344 - Juvenile Justice and Welfare Act of 2006

Youthful offender - over 9 years old but under 18 years old at the time of the commission of the offense.

Crime Theories Applicable to Juvenile Delinquency

  1. Rational Choice - causes of crime lie within the
      individual offender rather than in their external
      environment.
  2. Social Disorganization - absence or breakdown of
      communal institutions and communal relationships
      that traditionally encouraged cooperative
      relationships among people.
                  
                    Communal Institutions
          1. Family
          2. School
          3. Church
          4. Social Groups

   3. Strain Theory - crime is caused by the difficulty of

      those in poverty in achieving socially valued goals
      by legitimate means.
  4. Differential Association - young people are
      motivated to commit crimes by delinquent peers
      and learn criminal skills from them.
  5. Labelling Theory - once a person is labeled criminal
      they are more likely to offend. Once labeled as
      deviant, a person may accept that role and more
      likely to associate with others who have been
      similarly labeled.
  6. Social Control Theory - proposes that exploiting
      the process of socialization and social learning
      builds self control and can reduce the inclination
      to indulge in behavior recognized as anti social.

Four Types of Control That Can Help Prevent Juvenile Delinquency

  1. Direct - punishment is threatened or applied for
      wrongful behavior and compliance is rewarded by
      parents, family and authority figures.
  2. Internal - youth refrains from delinquency through
      the conscience or super ego.
  3. Indirect - by identification with those who  
      influence behavior because his/her delinquent act
      might cause pain and disappointment to parents
      and others with whom he/she has close
      relationships.
  4. Control - through needs satisfaction, if all
      individuals needs are met, there is no point in
      criminal activity.

Breed vs. Jones - A US court decision where it held that juveniles can not be tried when acquitted in juvenile court
then tried again in adult criminal court.Double jeopardy applies to juveniles as well as adults.
Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a statutory limit.

Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act that otherwise would
have been charged as a crime if they were an adult.

Crimes Commonly Committed by Juvenile Delinquents

 1.  Status offenses - is an action that is prohibited only to a certain class of people and most often applied to
offenses only committed by minors. example, under age smoking.
2. Property crimes - is a category of crime that includes theft,robbery,motor vehicle theft,arson,shop lifting
and vandalism.
3. Violent Crime in which the offender uses or threatens to use violent force upon the victim.

Age of Majority - is the threshold of adulthood as it is conceptualized,recognized or declared by law.The vast

majority of country including the Philippines set majority age at 18.

Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person between the ages of 13 and
19.
 
Types/Categories of Juvenile Delinquency

1.  Delinquency - crimes committed by minors which are dealt with by the juvenile courts and justice system.
2. Criminal behavior - crimes dealt with by the criminal justice system.
3. status offenses - offenses which are only classified as such because one is a minor, such as truancy which is
also dealt with by juvenile court.

Truancy - is any intentional unauthorized absence from compulsory schooling.

Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable.The term includes criminal
damage such as graffiti and defacement directed towards a property without the permission of the owner.

Graffiti - is writing or drawings scribbled,scratched or sprayed illicitly on a wall or other surface in a public place.

Defacement - refers to marking or removing the part of an object designed to hold the viewers attention.

Types of Offenders That Emerge in Adolescence

 1. Repeat Offender - (life-course-persistent offender) - begins offending or showing anti-social/aggressive
behavior in adolescence or even childhood and continuous in adulthood.
2. Age Specific Offender (adolescence-limited offender) - juvenile offending or delinquency begins and ends
during their period of adolescence.

Juvenile Delinquency Reviewer 1

1. A Person under the age of 18 years.
        A. Child
        B. Teenager
        C. Adolescent
        D. Adult

2. Refers to a Child who is vulnerable to and at the risk of

    committing criminal offenses because of personal, family,
    social circumstances.
        A. Teenager at Risk
        B. Minor at Risk
        C. Child at Risk
        D. Adolescent at Risk

3. Refers to a Child who is alleged as accused of or adjudged as

    having committed an offense under Philippine laws.
        A. Teenager In Conflict with the law
        B.  Minor In Conflict with the law
        C. Child In Conflict with the law
        D.  Adolescent In Conflict with the law

4. Known as the Juvenile Justice Welfare Act of 2006.

        A. R.A. No. 7610
        B. R.A. No. 9165
        C. R.A. No. 9344
        D. R.A. No. 8344

5. Under the Juvenile Justice Welfare Act, Children under the

    following age are exempted from criminal responsibility
        A. 9 yrs. and below as well as over 9 yrs. but below 15.
        B. 12 yrs. and below as well as over 12 yrs. but below 15.
        C. 15 yrs. and below as well as over 15 yrs. but below 21.
        D. 15 yrs. and below as well as over 15 yrs. but below 18.

6. The Mental Capacity of a child to understand the difference

    between what is right or wrong and the consequences of
    his acts.
        A. Motive
        B. Discernment
        C. Intent
        D. Knowledge

7. An Alternative child-appropriate process of determining the

    responsibility and treatment of a CICL.
        A. Diversion
        B. Parole
        C. Probation
        D. Home Detention

8. Known as the Child and Youth Welfare Code.

        A. R.A. No 9344
        B. P.D. No. 603
        C. R.A. No.7610
        D. R.A. No. 8369

9. Known as the The Special Protection of Children againsts

    Child abuse, Exploitation, and Discrimination Act of 1992.
        A. R.A. No. 9344
        B. R.A. No. 7610
        C. R.A. No. 8369
        D. P.D. No. 603

10. An Act establishing family courts which grants family courts

     exclusive original jurisdiction over cases involving children.
        A. R.A. No. 7610
        B. R.A. No. 8369
        C. R.A. No. 9344
        D. P.D. No. 603

Answer:

1.   A
2.   C
3.   C
4.   C
5.   D
6.   B
7.   A
8.   B
9.   B
10. B

Juvenile Delinquency Reviewer 2

1. In applying the provisions of R.A. 9344, In case of a child in
    conflict with the law, It shall be construed
        A. Rigorously
        B. Strictly
        C. Liberally
        D. Stringently

2. Refers to a principle which requires a process of resolving

    conflicts with the maximum involvement of the victim, the
    offenders, and the community.
        A. Punitive Justice
        B. Retributive Justice
        C. Restorative Justice
        D. Poetic Justice

3. Justice attained by punishing or sanctioning the offender.

        A. Restorative Justice
        B. Retributive Justice
        C. Punitive Justice
        D. Poetic Justice

4. A Person who acts illegally and is not old enough to be treated

    as an adult under the laws of the community.
        A. Juvenile Delinquency
        B. Juvenile Delinquent
        C. Young Criminal
        D. Minor Criminal

5. The habitual committing of criminal acts or offenses by a young

    person below the age at which ordinary criminal prosecution
    is possible.
        A. Juvenile Delinquency
        B. Juvenile Delinquent
        C. Children In Conflict With The Law
        D. Child Offender

6. The Age at which the rights and privileges of an adult are

    legally granted.
        A. Manhood
        B. Adolescence
        C. Adulthood
        D. Age Of Majority

7. An Action that is prohibited only to and most often applied

    to offenses only committed by minors.
        A. Minor Offenses
        B. City Ordinances
        C. Status Offenses
        D. Misdemeanor

8. The Period following the onset of puberty during which a

    young person develops from a child into an adult.
        A. Adolescence
        B. Adulthood
        C. Teenager
        D. Manhood

9. The Period during which adolescents reach sexual maturity and

    become capable of reproduction.
        A. Adulthood
        B. Puberty
        C. Teenager
        D. Majority

10. A Category of Crime that includes among others crimes,

     Robbery, Theft, Carnapping, Arson, Shoplifting, and Vandalism.
        A. Minor Crimes
        B. Status Offenses
        C. Violent Crime
        D. Property Crimes
11. A Crime in which the offender uses or threatens to use violent
     force upon the victim.
        A. Status Offenses
        B. Violent Crimes
        C. Serious Crimes
        D. Major Crimes

12. Any Intentional Unauthorized absence from compulsory

     schooling.
        A. Truancy
        B. Deviancy
        C. Kickout
        D. Dropout

Answer:

1.   C
2.   C
3.   B
4.   B
5.   A
6.   D
7.   C
8.   A
9.   B
10. D
11. B
12. A
Juvenile Delinquency Reviewer 3
Probable Sources of Board Exam Questions in Juvenile Delinquency

1. Victimless Crimes -  refers to offenses where there is no

    private offended party.

2. Youth Rehabilitation Center - refers to a 24-hour residential care

    facility managed by the Department of Social Welfare and
    Development (DSWD), LGUs, licensed and/or accredited NGO's   
    monitored by the DSWD, which provides care, treatment and
    rehabilitation services for children in conflict with the law.

3. Youth Detention Home - refers to a 24-hour child-caring

    institution managed by accredited local government units (LGU's)
    and licensed and/or accredited non-government organizations
    (NGO's) providing short-term residential care for children in
    conflict with the law who are awaiting court disposition of their
    cases or transfer to other agencies or jurisdiction.

4. Status Offenses -  refers to offenses which discriminate only

    against a child, while an adult does not suffer any penalty for
    committing similar acts. These shall include curfew violations,
    truancy, parental disobedience and the like.

5. Restorative Justice -  refers to a principle which requires a

    process of resolving conflicts with the maximum involvement of
    the victim, the offender and the community.

6. Recognizance -  refers to an undertaking in lieu of a bond

    assumed by a parent or custodian who shall be responsible for
    the appearance in court of the child in accordance with the law,
    when required.
7. Offense - refers to any act or omission whether punishable
    under special laws or the Revised Penal Code, as amended.

8. Law Enforcement Officer -  refers to the person in authority or

    his/her agent as defined in Article 152 of the Revised Penal
    Code, including a barangay tanod.

9. Juvenile Justice and Welfare System - refers to 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.

10. Intervention - refers to a series of activities which are designed

     to address issues that caused the child to commit an offense.
     It may take the form of an individualized treatment program
     which may include counseling, skills training, education, and
     other activities that will enhance his/her psychological,
     emotional and psycho-social well-being.

11. Initial Contact With the Child - refers to the apprehension or

     taking into custody of a child in conflict with the law by law
     enforcement officers or private citizens.

12. Diversion Program - refers to the program that the child in

     conflict with the law is required to undergo after he/she is
     found responsible for an offense without resorting to formal
     court proceedings.

13. Diversion - refers to an alternative, child-appropriate process of

     determining the responsibility and treatment of a child in conflict
     with the law on the basis of higher social, cultural, economic,
     psychological or educational background without resorting to
     formal court proceedings.

14. Deprivation of Liberty -  refers to any form of detention or

     imprisonment, or to the placement of a child in conflict with the
     law in a public or private custodial setting, from which the child
     in conflict with the law is not permitted to leave at will by order
     of any judicial or administrative authority.

15. Court -  refers to a family court or, in places where there are no
     family courts, any regional trial court.

16. Community-based Programs -  refers to the programs provided

      in a community setting developed for purposes of intervention
     and diversion, as well as rehabilitation of the child in conflict with
     the law, for reintegration into his/her family and/or community.

17. Child in Conflict with the Law - refers to a child who is alleged
     as, accused of, or adjudged as, having committed an offense
     under Philippine laws.

18. Child at Risk -  refers to a child who is vulnerable to and at the

     risk of committing criminal offenses because of personal, family
     and social circumstances.

19. Child -  refers to a person under the age of eighteen (18) years.

20. Best Interest of the Child - refers to the totality of the

     circumstances and conditions which are most congenial to
     the survival, protection and feelings of security of the child and
     most encouraging to the child's physical, psychological and
     emotional development. It also means the least detrimental
     available alternative for safeguarding the growth and
     development of the child.

21. Bail -  refers to the security given for the release of the person
     in custody of the law, furnished by him/her or a bondsman, to
     guarantee his/her appearance before any court. Bail may be
     given in the form of corporate security, property bond, cash
     deposit, or recognizance.

22. R.A. No. 9344 - The Act creating the Juvenile Justice and
     Welfare Act of 2006.

23. Article 40 of the United Nations Convention on the Rights of the

     Child -  the State recognizes the right of every child alleged as,
     accused of, adjudged, or recognized as, having infringed the
     penal law to be treated in a manner consistent with the
     promotion of the child's sense  of dignity and worth, taking into
     account the child's age and desirability of promoting his/her
     reintegration.

24. R.A. No. 9344 should be construed liberally in favor of the child
      in conflict with the law.

Juvenile Delinquency Reviewer 4

Juvenile Delinquency Definition of Terms

1. Adjudicated delinquent: A youth who has been found by a judge

    in juvenile court to have committed a violation of the criminal law,
    that is, a delinquent act.The judge can formally adjudicate the
    youth as an initial step before imposing a disposition
    (a sentence or punishment), or the judge can decide not to
    adjudicate the youth and instead impose conditions that, if met,
    will result in dismissal of the charges.
2. Adjudicatory hearing: The fact finding (trial) phase of a juvenile
    case in which a judge receives and weighs evidence before
    deciding whether a delinquency or status offense has been
    proven beyond a reasonable doubt.

3. Aggravating factors: Factors to be considered that may increase

    the seriousness of the offense, such as prior offenses, weapon
    use, heinous nature of crime, and threats to victims or witnesses.

4. Arrest: A law enforcement officer charges an offender with a

    criminal act or violation of law and takes the offender into
    custody based on probable cause.

5. Conflict resolution: Use of communication skills and creative

    thinking to develop voluntary solutions that are acceptable to
    disputants.

6. Continuum of care: A broad array of juvenile justice programs

    and services ranging from prevention programs for young
    children and youth at risk of delinquency to intervention programs
    serving high-risk youth in secure residential settings.

7. Curfew: A local ordinance that requires, under specific conditions

   and exceptions, a specific group of persons (usually juveniles
   under a certain age) to refrain from unsupervised activities after a
   designated hour within the confines of a selected area, city,
   or county.

8. Custody; Taken into custody: Being in the care of a criminal or

    juvenile justice agency or official or being taken into custody by
    a law enforcement officer pursuant to the laws of arrest if the
    juvenile were an adult and the offense is criminal in nature.
9. Delinquency prevention programs: Programs and services
    designed to keep at-risk youth from entering the juvenile justice
    system.

10. Delinquent act: Any act committed by a youth that would be a

     criminal violation if committed by an adult.

11. Delinquent juvenile: A youth who has been found responsible for
     having committed a delinquent act--the equivalent of being
     found guilty of a criminal offense.

12. Detention: In custody (secure, non-secure, or home

     confinement) while awaiting an adjudication hearing, disposition,
     or commitment placement.

13. Detention hearing: A judicial hearing generally required to be

     held within 72 hours of a youth being taken into custody, at
     which point the court determines whether (1) there is probable
     cause to believe that the youth has committed a delinquent act
     or a court order exists that requires the continued detention of
     the youth, and (2) continued detention is required pending an
     adjudicatory hearing.

14. Disposition hearing: The hearing in a juvenile case (like a

     sentencing hearing in criminal court) at which the court receives
     a predisposition report containing information and
     recommendations to help determine the appropriate sanction.
     These sanctions can include probation, commitment to the
     custody of the state's department of juvenile justice, or
     community-based sanctions.

15. Diversion: A process by which a youth is channeled from the

     juvenile justice system. Examples are Informal Adjustment,
     Truancy Court, etc.

16. Intake: The process used for every youth referred to juvenile
     court. Intake involves screening each youth to determine the
     appropriateness for release or referral to a diversionary program
     or agency for nonofficial or nonjudicial handling. This screening
     also identifies the presence of medical, psychiatric,
     psychological, substance abuse, and educational problems or
     other conditions that may have caused the youth to come to
     the attention of law enforcement or intake. Intake includes initial
     screening of a status offender to determine the recommended
     action to be taken in the best interests of the youth, the family,
     and the community.

17. Juvenile delinquency program: Any program or activity related

      to juvenile delinquency prevention, control, diversion,
      intervention,treatment, rehabilitation, planning, education,
      training, and research.

18. Mediation: A process by which a neutral third person, or

     mediator, encourages and facilitates the resolution of a dispute
     between two or more parties. It is an informal process designed
     to help the disputants reach a mutually acceptable and voluntary
     agreement. Decision making authority rests with the parties.
     The role of the mediator includes, but is not limited to, helping
     the parties identify issues, fostering joint problem solving, and
     exploring settlement alternatives.

19. Mentoring: Generally involves providing support and guidance to

     and spending time on a regular basis with a youth. Mentoring
     activities can include participating in sports, playing games,
     shopping, taking hikes, helping with homework, and
      doing chores.

20. Protective factors: Factors that help to reduce the impact of

     risk factors in a young person's life.

21. Risk factors: Certain problem behaviors present risk factors in

     a young person's life that may contribute to later delinquency.
     A few examples include the availability of drugs and firearms in
     the community, family conflict, and friends who engage in
     problem behaviors.

22. Status offenses: Non-criminal offenses only applicable to

     children--for example, being truant, running away from home,
     possessing alcohol or cigarettes, or violating curfew.

23. Truant: A young person who is absent from school without

     permission or authorization.

24. Victimization: The result of a planned or accidental act that

     causes physical or psychological harm.

25. Violent crime: Crimes of violence include rape, robbery,

     assault, or murder.

Juvenile Delinquency Definition Of Terms

4 Major Theories That Explain Existence Of Delinquency

1. Demonological/Pre-Classical – Possessed by spirits – before.

2. Classical
3. Positivist
 4. Gotical

Abandoned Child – Is one who has no proper parental care or guardianship or whose parents or guardians have
deserted him for a period of at least 6 continuous months.

Age Of Enlightenment – 18th century.

Borstals – Youth Custody Centers and detention center.

Cesare Lombroso – Father of Criminology.

Common Detected Young Persons Crime

1. Shoplifting
2. Crimes Of Violence

Crime Rate – Population X 100%

                    --------------
                    Crime Volume

Critical Theory – explains that delinquency is the by product of social arrangement.

Defendant Child – Is one who is without a parent, guardian or other custodian or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody.

Delinquency – Acts against norms, mores of society.

Deviancy – Is a stage of human existence where one has ceased to believe in love whereby the child ends up bitter,
empty, lonely, resentful and in most cases emotionally infantile.

Edwin Schur – Radical Non Intervention – if a child commits an offense, he should be left alone.
Emancipation – Liberty from parental authority.

Emotionally Disturbed Children – Are those who although not afflicted with insanity or mental defect are unable to
maintain normal social relations with others and the community in general due to emotional problems and
complexes.

Epideology –Transmission.

Etiology – Delinquency

Family Home – Constituted jointly by the husband and the wife or by unmarried head of a family, is the dwelling
house where they and their family reside and the land on which it is situated.

Hedonism – Pleasure, highest goal of man's life.

Hedonistic Calculus – Process of weighing pleasure and pain.

Idea Of Determination – Any act committed awaits an explanation to the natural world.

Jeremy Bentham – Introduced punishment of imprisonment.

JJS – Juvenile Justice System

Juvenile – person/Minors/Youth whose mental and emotional faculty has not been fully developed.

Juvenile Delinquent – Person commits any act of delinquency.

Juvenile Diversion – Offender is removed from JJS and diverted to other government programs.

Labelling Theory -
 1. Internationalist Perspective – any youth who commits a crime should be left alone
2. Social Perspective

Neglected Child – is one whose basic needs have been deliberately unattended or inadequately attended.

Neo-Classical Theory – Modified the classical theory, excepted the child and lunatics from punishment.

Parental Authority/Partia Potestos – Rights and obligations which parents have in relation to the persons and
property of their children until their emancipation and even after this under certain circumstances.

PD 603 – Child and Youth Welfare Code – Approval – Dec.10,1974

Effectivity – June 10,1975

Police – Prime mover of JJS

           - Backbone of CJS

Poverty – Means the condition of that group whose income is low, therefore, the standard of living is not enough to
maintain normal health and efficiency.

Some Causes of Poverty Which Could Be One Of The Causes Of Crime

1. Physical Environment
2. Unfavorable Economic Condition
3. Social Environment
4. Defects in Government
5. Defects in Education

Proponent of Classical Theory

1. Jeremy Bentham
 2. Cesare Beccaria

Proponents Of Positivist/Italian Theory

1. Cesare Lombroso
2. Enrico ferri
3. Rafael Garofalo

RA 6809 – 18 years old - age of majority.

RA 8669 – Law which created the family court.

Truancy – Frequent Absences

Types Of Delinquents

1. Occasional Delinquent
2. The Gang Delinquent
3. Mal Adjusted delinquent

Welfare Model – Is the positivistic approach which holds that young offenders should be helped rather than
punished.

William Bonger – Social Conflict Theory – society is composed of the ruling class and the ruled class.

Young Offenders Fall Into Two Categories

1. Juveniles
2. Young Adults – at least 17

Youthful Offender – below 18 years old.

                              - Is one who is over 9 years but under 18 years of age at the time of the commission of the
offense.

Zones Of Peace – Children trapped in an armed conflict based on RA 7610.