CRIMINOLOGY 4

JUVENILE DELINQUENCY AND CRIME PREVENTION

Compiled by: POLY D. BANAGAN

DEFINITION OF TERMS

ABANDONMENT - The most common legal grounds for termination of parental rights, also a form of child abuse
in most states. Sporadic visits, a few phone calls, or birthday cards are not sufficient to maintain parental rights. Fathers
who manifest indifference toward a pregnant mother are also viewed as abandoning the child when it is born.

ABUSE - Term for acts or omissions by a legal caretaker. Encompasses a broad range of acts, and usually requires
proof of intent.

ADJUDICATION - The phase of a delinquency hearing similar to a "trial" in adult criminal court, except that
juveniles have no right to a jury trial, a public trial, or bail.

ADMINISTRATIVE PROCEDURE - Any of the processes involving enforcement of care, custody, or support
orders by an executive agency rather than by courts or judges.

ADOPTION - A legal relationship between two people not biologically related, usually terminating the rights of
biological parents, and usually with a trial "live-in" period. Once an adoption is finalized, the records are sealed and
only the most compelling interests will enable disclosure of documents.

ADOPTION AND SAFE FAMILIES ACT of 1997 - Moves children more quickly into permanent, adoptive
placements, rather than letting them languish in foster homes.

BEST INTERESTS OF THE CHILD RULE - Legal doctrine establishing court as determiner of best environment
for raising child. An alternative to the Parens Patriae Doctrine.

BREED v. JONES (1975) - Case allowing second prosecution in adult court for conviction in juvenile court, based
on idea that first conviction was a "civil" matter.

CASE LAW - Law established by the history of judicial decisions in cases decided by judges, as opposed to common
law which is developed from the history of judicial decisions and social customs.

CHILD PROTECTION ACTION - The filing of legal papers by a child welfare agency when its investigation has
turned up evidence of child abuse. This is a civil, rather than criminal, charge designed to take preventive action (like
appointment of a Guardian ad litem) for at-risk children before abuse occurs.

CHILD SUPPORT – the act of being responsible for enforcing child support obligations.

CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990 federal law allowing courts to take extraordinary
steps in protecting the emotional health of any child called to testify in a courtroom.

CHINS (Child In Need of Supervision) - A term applied to status offenders adjudicated in juvenile court.

CIVIL PROTECTION ORDER - A form of protective custody in which a child welfare or police agency orders an
adult suspected of abuse to leave the home.

CUSTODIAL CONFINEMENT - Court order for placement in a secure facility, separate from adults, for the
rehabilitation of a juvenile delinquent.

DELINQUENCY PROCEEDING - Court action to officially declare someone a juvenile delinquent. A "delinquent"
is defined as under the age of majority who has been convicted in juvenile court of something that would be classified
as a crime in adult court.

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DEPENDENT - Anyone under the care of someone else. A child ceases to be a dependent when they reach the age
of emancipation.

DeSHANEY v. WINNEBAGO COUNTY (1989) - Case limiting extent by which government exercises parens
patriae power.

DISPOSITION - Phase of delinquency proceeding similar to "sentencing" phase of adult trial. The judge must
consider alternative, innovative, and individualized sentences rather than imposing standard sentences.

DIVERSION - An alternative to trial decided upon at intake to refer the child to counseling or other social services.

EMANCIPATION - Independence of a minor from his or her parents before reaching age of majority.

EQUAL PROTECTION – A clause requiring government to treat similarly situated people the same or have good
reason for treating them differently. Compelling reasons are considered to exist for treating children differently.

FAMILY IMMUNITY DOCTRINE – A legal doctrine preventing the un-emancipated children from suing their
parents.

FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for injuries caused by a child's negligent
driving or other actions.

FOSTER CARE - Temporary care funded via Federal-State pass-through and arranged by a child welfare agency in
order to allow receipt of adequate food, clothing, shelter, education, and medical treatment for anyone raising a child
that is not their own.

GUARDIAN AD LITEM - Phrase meaning "For the Proceeding" referring to adults who look after the welfare of a
child and represent their legal interests.

GUARDIANSHIP - Court order giving an individual or organization legal authority over a child. A guardian of the
person is usually an individual and the child is called a ward. A guardian of the estate is usually an organization, like
a bank, which manages the property and assets of a child's inheritance. Guardians are usually compensated for their
services.

ILLEGITIMACY - Being born to unmarried parents. The law assumes legitimacy via a married mother's husband,
whether or not this is the true father. Illegitimacy status limits inheritance rights.

IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as having some temporary parental
rights & obligations.

IN RE GAULT (1967) – (US) - Case that determined the Constitution requires a separate juvenile justice system with
certain standard procedures and protections, but still not as many as in adult systems.

INTAKE - Procedure prior to preliminary hearing in which a group of people (intake officer, police, probation, social
worker, parent and child) talk and decide whether to handle the case formally or informally.

JUDGMENT - Any official decision or finding of a judge or administrative agency hearing officer upon the respective
rights and claims of parties to an action; also known as a decree or order.

KENT v. U.S. (1966) - Case requiring a special hearing before any transfers to adult court.

MATERNAL PREFERENCE RULE - Legal doctrine granting mothers custodial preference after a divorce.

NEGLECT - Parental failure to provide a child with basic necessities when able to do so. Encompasses a variety of
forms of abuse that do not require the element of intent.

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PARENS PATRIAE - Legal doctrine establishing "parental" role of state over welfare of its citizens, especially its
children. A 19th century idea first articulated in Prince v. Massachusetts (1944).

PAROLE - Release of a juvenile delinquent from custodial confinement prior to expiration of sentence; sometimes
called aftercare.

PATERNITY - Result of lawsuit forcing a reluctant man to assume obligations of fatherhood. Blood and DNA tests
showing a 98 or 99 percent likelihood are the standard. Laws vary widely in terms of statutes of limitations and when
paternity actions will not be allowed (estoppel).

PLEADING - In juvenile court, a plea of "not guilty" will move the case to adjudication, and a plea of "guilty" or
"nolo contendere" will result in waiver of the right to trial. State procedures vary widely in how intelligent and
voluntary pleas are accepted.

PRELIMINARY HEARING - The bringing of a juvenile before a magistrate or judge in which charges are formally
presented. Similar to an arraignment in adult court, and also called "advisory hearings" or "initial appearances" in
some state juvenile justice systems.

PREVENTIVE DETENTION - Keeping a juvenile in custody or under a different living arrangement until the time
when an adjudication can take place. Upheld in Schall v. Martin (1984), but the right to speedy trial requires the
dropping of charges if an unreasonable amount of time is spent in preventive detention.

PROTECTIVE CUSTODY - Emergency, temporary custody by a child welfare agency, police agency, or hospital
for reasons of imminent danger to the child. A hearing must be held for the benefit of the parents within a few days.

PSYCHOLOGICAL PARENT DOCTRINE - Legal doctrine granting custody to the parent whom the child feels
the greatest emotional attachment to.

RESTITUTION - A disposition requiring a defendant to pay damages to a victim. The law prohibits making
restitution a condition of receiving probation. Poor families cannot be deprived of probation simply because they are
too poor to afford restitution. Some states do not allow families to pay restitution.

RULE OF SIXTEEN – (US) - Federal and state laws that prohibit anyone under age 16 from employment.

STANFORD v. KENTUCKY (1989) - Case in which it was determined constitutional to execute juveniles between
the ages of 16-18, but unconstitutional if they committed crimes while under age 16. Won by a narrow majority, as in
the 1988 case of Thompson v. Oklahoma which relied upon "standards of decency".

STATUS OFFENSE - An activity illegal when engaged in by a minor, but not when done by an adult. Examples
include truancy, curfew, running away, or habitually disobeying parents.

STEPPARENT - A spouse of a biological parent who has no legal rights or duties to the child other than those which
have been voluntarily accepted.

SURROGATE PARENT - A parent who provided an egg, sperm, or uterus with an intent of giving the child up for
adoption to specific parties.

TENDER YEARS DOCTRINE - Legal doctrine that unless the mother is "unfit", very young children should be
placed in custody with their mother following a divorce.

TERMINATION HEARINGS - Process for legally severing the parent-child relationship. Initiated by the filing of
a petition in family court, and almost always brought forth by a child welfare agency. Requires a finding of "unfitness"
and a determination of the best interests of the child.

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UNFIT PARENT - A temporary or permanent termination of parental rights in the best interest of the child usually
for reasons of abandonment, abuse, or neglect, but also including mental illness, addiction, or criminal record. Poverty
alone and character flaws are prohibited by law from being indicators of "unfitness".

Juvenile Delinquency – refers to an anti-social act or behavior which deviates from the normal pattern of rules and
regulation, customs and culture which society does not accept and which, therefore, justifies some kind of
admonishment, punishment, or corrective measures in the public interest, and it is being committed by minors.

Juvenile delinquent – are those persons adjudge to be delinquent under an age fixed by the law.

Objectives of Studying Juvenile Delinquency

a) to determine its nature and extent and crimes;

b) to ascertain the various factors, reasons, causes that made up juvenile delinquency;
c) to adopt adequate measures towards the prevention, suppression and recurrence of juvenile delinquency.

Delinquent – is one whose behavior is brought him into a repeated conflict with the law, regardless of whether he has
been taken before the court and adjudged a delinquent. Moreover, it is often the result of the combination of some
factors which may be found in the environment of the child and others within the child himself.

Laws Related in the Study of Juvenile Delinquency and Crime Prevention

a) PD 603 – Child and youth welfare code

b) RA 7610 – Special protection of children against child abuse, exploitation and discrimination act
c) RA 7658 – An act prohibiting the employment of children below 15 years of age in private and public
undertakings, amending section 12 art VIII of RA 7610.
d) RA 9231 – An act providing for the elimination of the worst from of child labor and affording stronger
protection for the working child,
e) RA 9262 – anti violence against women and children
f) RA 9344 – juvenile justice welfare act of 2006

TYPES OF DELINQUENT YOUTH

1. social – an aggressive youth who resents the authority of anyone who make an effort to control his behavior
2. Neurotic – he has internalize his conflicts and pre-occupied with his own feelings.
3. Asocial – his delinquent act have cold, brutal, ficious quality for which the youth feels no rumors
4. accidental – he is less identifiable in character, essentially socialize law abiding but too happens to be at the
wrong place at the wrong time and become involve in some delinquent act not typical of his general behavior.

APPROACHES AND THEORIES OF CRIME

A. SUBJECTIVE APPROACHES
It deals mainly on the biological explanation of crimes, focused on the forms of abnormalities that
exist in the individual criminal before, during and after the commission of the crime (Tradio, 1999). Included
under this approach are:

1. Anthropological Approach – the study on the physical characteristics of an individual offender with non
offenders in the attempt to discover differences covering criminal behavior (Hooton).
2. Medical Approach – the application of medical examination on the individual criminal explain the
mental and physical condition of the individual prior to and after the commission of the crime
(positivist).
3. Biological Approach – the evaluation of genetic influences to criminal behavior. It is noted that heredity
is one force pushing the criminal to crime (positivist).

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 4. Physiological Approach – the study on the nature of human being concerning his physical needs in order
to satisfy his ants. It explains the deprivation of the physical body on the basic needs is an important
determiner of the commission of the crime (maslow).
5. Psychological Approach – it is concerned about the deprivation of the psychological needs of man, which
constitute the development of deviation of normal behavior resulting to unpleasant emotion (Freud,
Maslow).
6. Psychiatric Approach – the explanation of crime through diagnosis of mental diseases as the cause of
criminal behavior
7. Psychoanalytic Approach – the explanation of crime bases on the freudian theory, which traces behavior
as the deviation of the repression of the basic drives (Freud).

B. OBJECTIVE APPROACHES
The objective approaches deal on the study of groups, social processes and institutions as influences to
behavior. They are primarily derived from social sciences (Tradio, 1999). Under this are:

1. Geographical approach – this considers topography, natural resources, geographical location, climate and
other geographical facts exerts an important influence in human behavior (Quetelet).
2. Ecological Approach – concerned with the biotic grouping of men resulting to migration, competition,
social discrimination, division of labor and social conflict as factors of crimes (Park).
3. Economic Approach – it deals with the explanation of crime concerning financial security of inadequacy
and other necessities to support life as factors to criminality (Merton)
4. Socio-cultural Approach – those that focused on the institutions, economic, financial, education, political
and religious influences to crime (Cohen).

BIOLOGICAL APPROACH
Ø The evaluation of genetic influences to criminal behaviour. It noted that heredity is one force pushing the
criminal to crime.

A. Genetic Theory or Theory X and Y.

Ø Genetics – refers to the branch of biology dealing with the scientific investigations of mechanism of
heredity.
Ø Heredity – is the transmission of the genetic characters from parents to offspring.
Ø Genes – the chemical packet contained in chromosomes which are the carrier of heredity. It consists of
the specific sequence of DNA or RNA that occupies a fixed position locus on chromosomes.

Chromosomal Aberration

1) Non-disjunction – chromatid fails to separate in meiosis, one germ cell having both chromosomes of the
pair and the other, none.
2) Translocation – chromosomes pair off by twos in the center during meiosis. If a piece of one chromosome
pairs off with another not its pair, parts of two chromosomes of different pairs may exchange.
3) Deletion – a broken piece of chromosome may get lost and deletion occurs in one chromosome.

Chromosomes Total

Normal Male 2x22+xy 46

Normal female 2x22+xx 46
Down’s syndrome 2x22 + 1 + xx or xy 47
Turner’s syndrome 2 x 22 + x 45
Klinefelter’s syndrome 2 x 22 + xxy 47
Super Males 2 x 22 + xyy 47

v Down syndrome - People with Down syndrome characteristically have three copies of the autosomal
chromosome known as number 21 instead of the normal pair of number 21 chromosomes. For this reason,
Down syndrome is commonly called trisomy 21. People with Down syndrome usually have mild to severe

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 learning disabilities and physical symptoms that include a small skull, an extra fold of skin at the inner
corner of each eye, and a flattened bridge of the nose. They also may have heart defects and other serious
health problems.
v Klinefelter syndrome - has two X chromosomes and one Y chromosome. Males with Klinefelter
syndrome are typically tall, and they may have small testes and slight breast development. They also may
have minor problems with learning and are usually infertile.
v Turner syndrome – In this disorder, a female has one functioning X chromosome instead of two. Females
with this condition are typically short, with a thick, webbed neck. They may have mild problems with
learning, and they usually are infertile because they lack normal ovaries.

B. Atavistic stigmata (man’s inferior/ animalistic behavior) by Lombroso

Ø Argued that the most serious crimes were committed by individuals who were “primitive” or
“Atavisitic”,, that is, who failed to evolve to a fully human and civilized state. Crime therefore
resulted not from what criminals had in common with others in society, but from their distinctive
physical or mental defects.
Ø Asserted that criminals are a distinct physical and biological type. That the true criminal could be
identified by observing certain physical traits, including a long lower jaw, asymmetric cranium, and
other detectable conditions.
Ø Accordingly, these traits did not cause criminal behavior, but they revealed an inherent propensity
(inclination) to crime. He taught that the propensity toward crime was the result of “atavism (he has the
physical make-up, mental capabilities and instinct of primitive man)”, a reversion to a more primitive
state of human development.

Classifications of Criminals by Lombroso

1) Born Criminals – there are born criminals according to Lombroso, the belief that being criminal behavior
is inherited.
2) Criminal by Passion – are individuals who are easily influenced by great emotions like fit of anger.
3) Insane Criminals – are those who commit crime due to abnormalities or psychological disorders. They
should be exempted from criminal liability.
4) Criminoloid – a person who commit crime due to less physical stamina/self-control.
5) Occasional Criminal – are those who commit crime due to insignificant reasons that pushed them to do
at a given occasion.
6) Pseudo-criminals – are those who kill in self-defence.

Ferri accepted the existence of a criminal type but also focused on factors other than inherited
physical characteristics as predictors of crime. He considered social factors such as population trends,
religion, and the nature of the family.

Classification of criminal types by Ferri,

1. Born or instinctive criminal,

2. The insane criminal,
3. The passionate criminal,
4. The involuntary criminal,
5. The occasional criminal,
6. The habitual criminal.

According to Ferri, the last two types were not innate criminals but rather the products of unfortunate
family or environmental circumstances. By explaining criminal behavior on the basis of social factors as well
as inherited traits, Ferri expanded the scope of criminology.

Garofalos’ major contribution to modern criminology is the concept of natural crime, which he
argued was the principal concern of criminologists. According to him, natural or true crime is conduct that
offends the basic altruistic (unselfish) sense of humankind namely, probity (respect for property of others)
and piety(revulsion against the infliction of suffering on others). The true criminal is one who lacks the basic

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 moral sentiments of pity and honesty (alder, 1995). He believed that the true criminal is a distinct biological
or psychic type and that the altruistic deficiencies were organic or inherited.

Types of Criminal by Garofalo

a) Murderers – those who are satisfied from vengeance or revenge

b) Violent Criminals – those who commit very serious or violent crimes
c) Deficient Criminals – those who commit crimes against property
d) Lascivious Criminals – those who commit crimes against chastity

C. Theory of Charles Goring’s (1870 - 1919)

Ø The medical officer in prison in England who accepted the Lombroso’s challenge that body physique is
a determinant to behavior. Goring concluded that there is no such thing a physical chemical type. He
contradicted the Lombroso’s idea that criminality can be seen through features alone.

Ø Nevertheless, Goring accepted that criminals are physically inferior to normal individuals in the sense
that criminals tend to be shorter and have less weight than non-criminals.

D. Inferiority Theory by Earnest Hooton’s Theory (1887 - 1954)

Ø An Anthropologist who re-examined the work of Goring and found out that “Tall thin men tend to
commit forgery and fraud, undersized men are thieves and burglars, short heavy person commit assault,
rape and other sex crimes; whereas mediocre (average) physique flounder around among other crimes.”
Ø He also contended that criminals are originally inferior; and that crime is the result of the impact of
environment.

E. Somatotyping Theory by Ernest Kretschmer and Sheldon

Ø The idea of somatotyping was originated from the work of a German Psychiatrist, Ernest Kretschmer
(1888 – 1964).
Ø He emphasized the morphological-physiological-psychological unity of the individual, maintaining that
individual’s temperamental reactions are reflections of their body types.
Ø He is best known for his work on the subject, physique and character. He distinguished three principal
types of physique as:

a) Asthenic – lean, slightly built, narrow shoulders - schizophrenia

b) Athletic – medium to tall, strong, muscular, course bones - schizophrenia
c) Pyknic – medium height, rounded figure, massive neck, broad face – manic depression

Kretschmer related these body physiques to various psychotic behavioral patterns: Pyknic to manic
depression, asthenic and athletics to schizophrenia.

William H. Sheldon (1898 – 1977) is an influenced of the Somatotype School of Criminology,

which related body built to behavior. He became popular of his own Somatotyping Theory. His key ideas
are concentrated on the principle of “Survival of the Fittest” as a behavioral science. He combines the
biological and psychological explanation to understand deviant behavior.

Sheldon’s “Somatotyping Theory” maintains the belief of inheritance as the primary

determinants of behavior and the physique is a reliable indicator of personality.

Classification of Body Physique by Sheldon

a. Endomorphy – a type with relatively predominance of soft, roundness throughout the regions of
the body. They have low specific gravity. Persons with typically relaxed and comfortable
disposition.

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 Associated Criminal Behavior
ü Proneness to crime involving deceit and fraud

b. Mesomorphy – athletic type, predominance of muscle, bone and connective tissue, normally heavy,
hard and firm, sting and tough. They are the people who are routinely active and aggressive, and
they are the most likely to commit crimes.

Associative Criminal Behavior

ü Routinely active and prone to violent crime
ü Prone to sexual assault

c. Ectomorphy – thin physique, flat chest, delicacy through the body, slender, poorly muscled. They
tend to look more fatigue and withdrawn.

Associative Criminal Behavior

ü Proneness to crime against property

F. Charles Darwin’s Evolution Theory (1809 - 1882)

Ø In the theory of evolution, he claimed that humans, like other animals, are parasite. Man is an organism
having an animalistic behavior that is dependent on other animals for survival. Thus, man kills and steal
to live.

PSYCHOLOGICAL THEORIES
Ø Psychological theories that attempt to explain human intellectual and emotional development. These
theories can be divided into three categories: (1) moral development theories, (2) social learning theories,
and (3) personality theories.

A. Psychoanalytical Theory by Sigmund Freud 1856 - 1969)

Freud is commonly referred as the father of “Psychoanalysis” and his work highly influential -
popularizing such notion as the unconscious, the Oedipus complex, defense mechanism and dream
symbolism.

According to Frued, the mind can be divided into two main parts

1) The conscious mind – includes everything that we are aware of. This is the aspect of our mental
processing that we can think and talk about rationally. A part of this includes memory, which is not
always part of consciousness but can be retrieved easily at anytime and brought into our awareness.
He called this ordinary memory the preconscious.
2) The unconscious mind - is the reservoir of feelings, thoughts urge and memories that outside of
our conscious awareness. According to him, the unconscious continues to influence our behaviour
and experience, even though we are unaware of these underlying influences.

The Psychoanalytic theory on crime maintains that:

1) Criminal behaviour is a form of neurosis, that criminality may result from an over active conscience;
2) Crime is the result of the compulsive need for punishment to alleviate guilt and anxiety;
3) Criminal behaviour is the means of obtaining gratification of need;
4) Criminal conducts represent a displaced hostility. Criminality is essentially a representation of
psychological conflict.

According to Freud, child development consists of five psychosexual stages in which a particular
body region is the focus of sensual satisfactions

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 1) oral stage, from birth to age 1, the mouth, tongue, and gums are the focus of sensual
pleasure, and the baby develops an emotional attachment to the person providing these
satisfactions (primarily through feeding).
2) anal stage, from ages 1 to 3, children focus on pleasures associated with control and self-
control, primarily with respect to defecation and toilet training.
3) phallic stage, from ages 3 to 6, children derive pleasure from genital stimulation. They are
also interested in the physical differences between the sexes and identify with their same-sex
parent.
4) latency phase, from ages 7 to 11, is when sensual motives subside and psychological energy
is channeled into conventional activities, such as schoolwork.
5) genital stage, from adolescence through adulthood, individuals develop mature sexual
interests

Three Elements comprising Personality according to Frued

1) Id – is the only component of personality that is present from birth. It is entirely unconscious aspects
of personality which includes the instinctive and primitive behaviours. It is the source of the all
psychic energy, making it the primary component of personality.
The ID refers to the sexual and aggressive tendencies that arise from the body, as
distinguished from the mind. Freud called these tendencies Triebe, which literally means “drives,”
but which is often inaccurately translated as “instincts” to indicate their innate character. These
inherent drives claim immediate satisfaction, which is experienced as pleasurable; the id thus is
dominated by the pleasure principle.
2) Ego – is the component of personality that is responsible for dealing with reality. It develops from
the id and ensures that the impulses of id can be expresses in a manner acceptable in the real world.
It functions both in the conscious, preconscious and unconscious mind.
To defend itself against unacceptable impulses, the ego develops specific psychic means,
known as defense mechanisms. These includes but not limited to:
a) repression, the exclusion of impulses from conscious awareness;
b) projection, the process of ascribing to others one's own unacknowledged desires;
c) reaction formation, the establishment of a pattern of behavior directly opposed to a strong
unconscious need.
d) regression
e) Flight of fantasy
f) Undoing
g) Displacement
h) Sublimation
i) Intellectualization
j) rationalization
3) Superego – is the last component of personality to develop which begins to emerge at around age
five (5). It is the aspect of personality that holds all of our internalized moral standards and ideals
that we acquire both from parents and society – our sense of right and wrong and it provide
guidelines for making judgment.

Two Types of Superego

a. The ego ideal – it includes the rules and standards for good behaviour. These good
behaviours include those which are approved by our parental and other authority figures.
Obeying these rules lead to feeling of pride, value, and accomplishment.
b. Conscience – it includes information about things that are viewed as bad by parents and
society. These bevahior are often forbidden and lead to bad consequences, punishments or
feeling of guilt and remorse.
Oedipus complex is the feelings or desires originating when a child, especially a son, unconsciously
seeks sexual fulfilment with the parent of the opposite sex

Electra complex is the daughter's supposed attraction to her father or the unconscious unresolved
sexual attraction to her father of the daughter to her father

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 B. Developmental Theory by Jean Piaget

According to this theory, children evolve through four stages of cognitive development. From
birth to age two, children experience the world only through their senses and motor abilities and have a
very immediate, experience-based knowledge of the world.

Four stages of child’s mental growth according to Piaget.

a) In the sensorimotor stage - occurring from birth to age 2, the child is concerned with gaining
motor control and learning about physical objects.
b) In the preoperational stage - from ages 2 to 7, the child is preoccupied with verbal skills. At this
point the child can name objects and reason intuitively.
c) In the concrete operational stage - from ages 7 to 12, the child begins to deal with abstract
concepts such as numbers and relationships.
d) In the formal operational stage - ages 12 to 15, the child begins to reason logically and
systematically.

C. Multistage Theory of Moral Evolution by Lawrence Kolhberg.

1) In the early level of development - children strive to maximize pleasure and avoid punishment. Children
at this level consider the needs of others only to the extent that meeting those needs will help the child
fulfill his or her own needs.
2) Conformity to social rules - the child demonstrates respect for and duty to authority. The child also
seeks to avoid disapproval from that authority. As the child matures, his or her moral judgment is
motivated by respect for legally determined rules and an understanding that these rules exist to
benefit all.
3) Universal principles are internalized. These principles, such as liberty and justice, may even
transcend aspects of the existing legal system.

D. Neurosis Theory by Otto Rank

He attributed all neurotic disturbances to the primary trauma of birth. In his later writings he
described individual development as a progression from complete dependence on the mother and family, to
a physical independence coupled with intellectual dependence on society, and finally to complete
intellectual and psychological emancipation. Rank also laid great importance on the will, defined as “a
positive guiding organization and integration of self, which utilizes creatively as well as inhibits and
controls the instinctual drives.”

E. Inferiority Theory by Alfred Adler

He stressed that the motivating force in human life is the sense of inferiority, which begins as soon
as an infant is able to comprehend the existence of other people who are better able to care for themselves
and cope with their environment. From the moment the feeling of inferiority is established, the child strives
to overcome it. Because inferiority is intolerable, the compensatory mechanisms set up by the mind may
get out of hand, resulting in self-centered neurotic attitudes, overcompensations, and a retreat from the real
world and its problems.
Adler believed that analysis can foster a sane and rational “community feeling” that is constructive
rather than destructive
F. Carl Gustav Jung’s Analytical Theory
He created a school that he preferred to call analytical psychology. He used the concept of the
libido; however, to him it meant not only sexual drives, but a composite of all creative instincts and
impulses and the entire motivating force of human conduct. According to his theories, the unconscious is
composed of two parts;
a) the personal unconscious - which contains the results of the individual's entire experience
b) the collective unconscious - the reservoir of the experience of the human race. In the collective
unconscious exist a number of primordial images, or archetypes, common to all individuals of a given
country or historical era. Archetypes take the form of bits of intuitive knowledge or apprehension and
normally exist only in the collective unconscious of the individual.

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 Two Different types of Personality
1) Extroverted - when the libido and the individual's general interest are turned outward toward
people and objects of the external world
2) Introverted - when the reverse is true, and libido and interest are centered on the individual.

G. Mental Deficiency Theory

Groups of theories which are primarily focused on the psychiatric make-up of the individual
criminal, stating among others that human intelligence is a big factor in criminality

Revealed that

1) The effect of low I.Q on criminal behavior is more significant than those educated with high IQs
2) Strong relationship exist between low IQ and crime independent of social crass
3) IQ is more closely related to crime than that of social class

LEARNING THEORIES

A. Social Learning Theory by Albert Bandura - The view that human behavior is modeled through observation
of human social interactions, either directly from observing those who are close and from intimate contact,
or indirectly through the media. Interactions that are rewarded are copied, while those that are punished are
avoided.
It maintains that a young person learns how to behave based on how elders (primarily parent
figures) respond to the person’s violations of and compliance with rules. Rewards for acceptable behavior
and sanctions (penalties) for transgressions indicate what appropriate behavior is.

He proposed that social learning occurred through four main stages of imitation:
1) close contact,
2) imitation of superiors,
3) understanding of concepts,
4) role model behavior

B. Operant Conditioning by B. F. Skinner

He explain how human behavior is affected by its consequences—a process he called operant
conditioning–and to describing the positive and constructive ways that reinforcement and punishment can
be used to guide children’s behavior

C. Classical Conditioning theory by Ivan Pavlov and John B. Watson

Classical conditioning occurs when a person makes a mental association between two events or
stimuli. When conditioning has occurred, merely encountering the first stimulus produces a response once
associated only with the second stimulus. For example, babies begin sucking when they are put in a
familiar nursing posture, children fear dogs whose barking has startled them in the past, and students cringe
at the sound of school bells that signal that they are tardy.

ENVIRONMENTAL and SOCIAL CAUSES OF CRIME

A. Imitation Theory by Gariel Tarde

He asserted that the causes of crime are chiefly social. His basic theory on the causes of crime was
founded on laws of imitation.
Tarde believed that persons predisposed to crime are attracted to criminal activity by the example
of other criminals. He also felt that the particular crimes committed and the methods of committing those
crimes are the products of imitation.
Tarde was also one of the first to study the professional criminal. He noted that certain offenders
pursue careers of crime. These career criminals may engage in periods of apprenticeship that are similar to
those that characterize training for entry into other professions.

B. Differential Association Theory by Edwin Sutherland (1883 - 1950)

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 Sutherland has been referred to as “the most important criminologist of the twentieth
century”. For this reason, he was considered as the “Dean of Modern Criminology.” He said that crime
is learned and not inherited. It is learned through the process of communication, and learning process
includes technique of committing the crime, motive and attitude”.
He maintained in his theory that “the society is composed of different group organization; the
societies consist of a group of people having criminalistic tradition and anti-criminalistic tradition.
According to Sutherland, person became delinquent because of an “excess” definition favorable to
the violation of the law over definitions unfavorable to violation of law. In other word, criminal behavior
emerges when one is exposed to more social message favoring conduct than pro-social message.

C. Social Control Theory by Travis Hirschi

A view that ties a person has to the institutions and processes of society. According to Hirschi,
elements of the social bond include commitment, attachment, involvement and belief.

D. Containment Theory by Walter Reckless

This theory is a form of control which suggest that a series of both internal and external factors
contributes to criminal behaviour.
The Containment Theory assumes that for every individual there exists a containing external
structure and a protective internal structure, both of which provide defense, protection or insulation against
crime or delinquency.

Two Containing Structures

1) outer structure of an individual are the external pressures such as poverty, unemployment and
blocked opportunities
2) inner containment refers to the person’s self-control ensured by strong ego, good self-image, well
developed conscience, high frustration tolerance and high sense of responsibility. (Adler, 1995)

E. Neutralization Theory by Gresham Sykes (1922)

in his theory, maintains that an individual will obey or disobey societal rules depending upon his
or her ability to rationalize whether he is protected from hurt or destruction. People become law abiding if
they feel they are benefited by it and they violate it if these laws are not favourable to them.
It holds that offenders adhere to conventional values while “drifting” into periods of illegal behavior
in order to drift, people must first overcome (neutralize) legal and moral values.

F. Social Disorganization Theory by Clifford Shaw and Henry McKay

Clifford Shaw and Henry McKay found that delinquent offenders clustered in certain
neighborhoods in Chicago, Illinois. This clustering persisted over time—even when the ethnic composition
of the neighborhood changed dramatically. Shaw and McKay theorized that as people migrated from rural
locations or from other nations into urban centers, their poverty forced them into districts that were on the
fringe of industrial zones. These fringe areas, or areas of first settlement, were characterized by high levels
of social disorganization—that is, the residents of these areas rarely interacted or communicated with each
other.
Shaw and McKay also found the lack of communication in such areas was in part the result of the
diversity of language and culture among immigrant groups, as well as the fact that people moved on after a
short time. Thus it was difficult to form enduring relationships and to negotiate an agreed-upon code of
behavior. Furthermore, because informal social control was weak and people did not share common norms,
crime rates and arrests were high. When people left these areas, their risk of engaging in or being the victim
of criminal activity dropped. Others moving into these disorganized areas experienced increased
involvement in criminal activity.

Maintains that social indicators present in a society such as large number of single parents, high
percentage of out of school youth, unemployment, breakdown of social values and other reasons are
influential to the occurrence of juvenile delinquency and crime.

G. Concentric Zone Theory

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 An ecological theory that divides cities into zones based on environmental qualities and attempts to
find a relationship between these divisions and the crime and delinquency rates.
It maintains that cities would take form of five concentric rings with areas of social and physical
deterioration concentrated near the city center and more prosperous areas near the city’s edge.
This theory seeks to explain the existence of social problems such as unemployment and crime in
specific district.

H. Human Ecology Theory by Robert Ezra Park - A view that there are environmental forces that have a direct
influence on human behavior to commit crimes or focuses on the criminal’s relationship to the social
environment. it emphasize migration and urbanization as sources of criminal adaptation and attempt to
explain the geographic distribution of crime and criminals. Ecological theories often give special emphasis
to urban areas.

I. Cultural Deviance Theory- A theory that views crime as one resulting from man’s cultural values that
permit and allow crime and delinquency to happen or even demand behavior that violate the laws.

J. Cultural Transmission- The handling down of delinquency as a socially learned behavior, transmitted from
one generation to the next specially among depressed and disorganized urban areas.

K. Culture Conflict Theory- Explains that different groups have different conduct norms, and the conduct
norm of one group may be in conflict with those of another. Adherence to ones own norm would violate the
norm of another group.
A analysis of crime resting on a clash of conduct norms, both of which are accepted partially and
lead to contradictory standards and opposing loyalties. Primary conflict refers to the clash of conduct norms
between two different cultures; secondary conflict refers to the clash of conduct norms between groups within
a single culture.

L. Conflict Theory- This theory states that individuals band together in group because they are social animals
with needs that are best served through collective action. People constantly clash as they try to advance the
interest of their group over those of the other, thus resulting to conflict.

M. Differential Opportunity Theory (DOT) by Lloyd Ohlin 1928

This theory explained that society leads the lower class to want things and society does things
to people.
Ohlin claimed that there is differential opportunity, or access, to success goals by both legitimate
and illegitimate means depending on the specific location of the individual within the social structure.
Thus, lower class groups are provided with greater opportunities for the acquisition of deviant acts.

According to opportunity theory, the dangerousness of a particular environment relates to four

factors:
1) the accessibility of the victim or target
2) the perceived attractiveness of the target
3) the proximity to numerous potential offenders
4) the absence of capable guardians.

N. Sub-Culture Theory of Delinquency by Albert Cohen (1918)

Cohen in his theory claims that the lower class cannot socialize effectively as the middle class in
what is considered appropriate middle class behavior. Thus, the lower class gathered together share their
common problems, forming a subculture that rejects middle class values. Cohen called this process as
reaction formation. Much of this behavior comes to be called delinquent behavior; the subculture is called a
gang and the kids are called delinquents. He put emphasis on the explanation of prevalence, origins,
process and purposes as factors to crime.

O. Gang Theory by Frederic M. Trasher

"The gang is an interstitial group originally formed spontaneously, and then integrated through
conflict. It is characterized by the following types of behavior: meeting face to face, milling, movement

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 through space as a unit, conflict, and planning. The result of this collective behavior is the development of
tradition, unreflective internal structure, esprit de corps, solidarity, morale, group awareness, and
attachment to a local territory."
Thrasher maintained that gangs originate naturally during the adolescent years from spontaneous
play groups which get into various kinds of mischief. They become gangs when they excite disapproval and
opposition, thus acquiring a more definite group-consciousness.
P. Social Class Conflict by Karl Marx, Frederick Engel (1818 -1940)
Marx and Engel claim that the ruling class in a capitalist society is responsible for the creation of
criminal law and their ideological bases in the interpretation and enforcement of the laws. All are reflected
in the ruling class, thus crime and delinquency are reflected on the demoralized surplus of population,
which is made up of the underprivileged usually the unemployed and underemployed.

Q. Capitalism Theory by Willem Bonger,

Bonger was Marxist-Socialist, on the other hand, placed more emphasis on working bout crimes
of economic gain. He believes that profit -motive of capitalism generates an egoistic personality. Hence,
crime is an inevitable outcome.

R. Instrumentalist Theory by Earl Richard Quinney (1934)

Quinney is a Marxist criminologist. He argued that the state exist as a device for controlling the
exploited class – the class that labors for the benefit of the ruling class. He claims that upper classes create
laws that protect their interest and the same time the unwanted behavior of all other members of society.
Quinney major contribution is that he proposed the shift in focus from looking for the causes of
crime from the individual to the examination of the Criminal Justice System for clues.

S. Strain Theory by Robert King Merton (1910)

Strain Theory, maintains that the failure of man to achieve a higher status of life caused them to
commit crimes in order for that status/goal to be attained. He argued that crime is a means to achieve goals
and the social structure is the root of the crime problem.

People who aspire to the cultural norm of economic achievement but are denied the education,
capital, or other means to realize those ends will experience strain.

Two Kind of Strain

1) Structural Strain – is caused in large part by the society, and results when society creates ideals then
struggle to meet these ideals. E.g puberty
2) Individual Strain – is caused by the person themselves, as they create their own ideals and then
struggle to meet them. E.g being blind, deaf, mute, handcuff.

According to Merton, there are five modes of adaption to further identify responses to these strains.

1) Conformity - the most common mode. In this mode, people will attempt to achieve goals set before them
with the most socially acceptable means they have at their disposal.
2) innovation. People in this mode have begun to perceive socially acceptable means of goal achievement as
being ineffectual or closed to them. As a result, they begin to use illegal means to achieve their goal
3) Rebellion – people who reach this mode are generally disaffected with society and have rejected goal
achievement and the socially accepted means by which to achieve said goals as a viable route to success.
The person abandons the culturally dictated goal of economic achievement and engages in revolutionary
activities or in attempts to reform the system.
4) retreatism. This is often called “Escapist Mode”. The person gives up the pursuit of economic success
and engages in self-destructive behavior, such as drug abuse.
5) Ritualism – these people fell they have no way of advancing in society, but actively seek to retain what
they have mange to acquire. they do not harbor visions of becoming more than what they are and have in
fact given up advancing at all.

T. General Strain theory Perspective by Robert Agnew (1953)

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 Agnew examined the intervening mechanism between “social control variables and delinquency”
and “Gender and Strain”. He mentioned that that there were three sources of strain.
1) Failure to achieve positively valued goals – in this source, the person is generally confronted with an
ability to achieve desires and goals.
2) Removal of positive stimuli – this occurs after a significant trauma or negative life altering event. The
most common trigger is death of a close friend or love one.
3) Confrontation with negative stimuli – the person in this source is forced to routinely deal with negative
activity. Common example include child abuse and peer pressure to do something illegal.
U. Anomie Theory”,( David Emile Durkheim a French, 1858 - 1917)
The theory that focused on the sociological point of the positivist school which explains that the
absence of norms in a society provides a setting conductive to crimes and other anti-social acts. According
to him, the explanation of human conduct lies not in the individual but in the group and the social
organization.
He used to term anomie to describe the lack of social regulation in modern societies as one manner
that could elevate higher suicide rates.

Two categories of anomie

1) Macroside – it is caused when the society fails to establish clear limits on the goals and is unable
to regulate the conduct of members in the society.
2) Microside – is most commonly called strain, stresses its attention towards the breakdown of society and
the increase in the deviance associated with this declining change that produces a strong pressure among
members of the society to commit crimes.

He proposed the following principles

1) Crime is a natural thing in the society
2) The concept of wrong is necessary to give meaning to right
3) Crime helps society for changes – it means that a society to be flexible to permit deviation must permit
negative deviations as well

V. Labeling Theory by Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982)
The theory that explains about social reaction to behavior. The theory maintains that the original cause
of crime cannot be known, no behavior is intrinsically criminal, behavior becomes criminal if it is labelled as
such.
The view that people become criminals when significant members of society label them as such and
they accept those labels as a personal identity.

FACTORS THAT INFLUENCE THE DEVELOPMENT OF JUVENILE DELINQUENCY

I. Family
The family is the first and most basic institution in our society for developing a child’s potential, in all its
many aspects like emotional, intellectual, moral and spiritual both physical and social. The following are some of
the causes why some children become juvenile delinquent as influenced by their own family;
1. The faulty development of the child
2. Lack of parental guidance
3. Lack of love or instinct of hate or envy due to unfair treatment
4. Parental rejection
5. Broken home of family

Home- referred to as the cradle of human personality

The family becomes a cause of juvenile delinquency when parents find it hard to balance their jobs with
their parental and domestic responsibilities and leaving little or no time at all for their children. Other cited causes
are:
1. Family disruption due to migration
2. Marital discord or marital problem
3. Nuclear family versus extended family

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 4. Single parenthood
5. Lack of parental guidance

II. Environment
This is where the children get most of his influence, especially in his first formative years. Youth in the
society turns to become delinquent due to companions. these are caused by the following:
1. Association with criminal groups
2. Alcoholism and drug addiction
3. Impulse fear
4. Crime-inducing situations that causes criminal tendencies
5. Imitated instincts like selfishness, violence and anti-social wishes.

III. Poverty
Jobless people are usually poor, thus become susceptible to crime commission since low-income families
usually take refuge among city relatives who usually live in congested and depressed areas.

IV. Peers, Companions and juvenile gangs

These groups of people interact with the youth in a positive and negative ways.

V. Mass Media
The values that are being taught by the media; the images of the adult social roles that the youth sees, and
above all, the works done by the media advertising on our youths to become conspicuous consumers at very early
years.
Violent cartoons are easily imitated by younger generation that produces violent behavior later. Twisted
values inculcated into the minds of youth manifest violent behavior later and distorted principles that most often
irritating relationship is the outcome.

Entities and agencies helps in the delinquency problems

I. Police
The police as the first line of defense against crime, must deal with the serious problem of youth crime. The
importance of this juvenile police relation should not be minimized because the police are usually the juveniles’ first
contact with the justice system.

The proper discharge of police responsibilities should be carried through the following:
1. Close observation of places and conditions, which may be regarded as breeding places for crime and
delinquency.
2. Always in a better position than others to discover the existence of harmful influences to the children.
3. Know who are potential or actual delinquents and recognize who are victims of neglect and abuse;
4. Determine what measures to be adopted or which course will be the most advantageous for its own area.
5. Give emphasis to the public that home is the most vital force in the prevention of juvenile delinquency.

II. Church and Religion

A child’s development usually involves the inculcation of a set of moral belief that lead in the direction of
social approved behavior. The religious community can facilitate the participation of the private sector in the
delinquency prevention programs.

III. School
The school, unlike the family, is a public instrument for training young people. Hence, the school is more
directly accessible to change through the development of new resources and policies. It is expected that our
educational institutions be provided with the resources to compete with illegitimate attraction of the youths mind.
These factors that creates a gap between institution-child relationship are the following;
1. Failure of the school in character building of the youth
2. Use of methods that create the condition of failure on the part of the students
3. Truancy
4. Lack of facilities for curricular and extra-curricular activities.

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Other Factors
1. Unemployment
2. Emotional Maturity
3. Too much ego
4. Psychopathic personality

How should juveniles-in-trouble be handled?

Approaches to the problem generally fall into two camps:

1. Public health solution - Advocates of the public health approach tend to see juveniles today as victims of an
anti-youth culture. The problem is not just parents failing children, but a whole attitude among adult society
that is increasingly hostile, angry, and punishing toward youth. It's also not just poverty, per se, among children,
but the relative deprivation of living in a society of affluence in which self-esteem is tied to achieving affluence.

2. The law enforcement solution - looks at the problem in terms of what needs to be done to improve
investigation, arrest, prosecution, and conviction. Advocates of this approach perceive that a nationwide
crackdown, "get tough on juvenile crime" program is what this country needs, but they are also just as likely to
want the delivery of real rehabilitation programs in juvenile prisons, at least when we are better able to separate
the minor offenders from super predators.

Types of Family Model

1. corporate model - A family model in which the father is considered as the chief executive officer while
mom is the operating officer who implements dad’s policy and manage the staff.
2. Boarding model - Refers to the family model whereas, dad is the actor, or head master who is in-charge of
training strong minds and bodies while mom is the counselor who oversees the realm, emotion, illness, good
works and bedwetting of the children.
3. Military model - A family model which employs swift and sadism punishment that they called character
building or sending unruly children to the stockade. A model in which the children have privileges and
responsibilities according to their seniority
4. Team model - A model of family in which dad is the head coach while mom is the chief of the training table
and head cheerleader.

Types of Child Abuser

a) Sub-cultural abuser - Type of child abuser which pertains to the group of people who share number of
values, norms and attitude in common who believe that committing violence against children has inherent
positive values.
b) Self-identified abuser - A child abuser who exercises poor judgment in their parenting decisions resulting to
child abuse. They are afraid to make their disciplinary practice be known to the authorities for fear that they
will be censured.
c) Accidental abuser - An abuser who abuses their children when confronted only with a particular situation.
d) Mentally disordered abuser - An abuser who abuses children due to poor judgment as an effect of their
mental illnesses.

LAWS THAT PROTECT THE RIGHTS OF A CHILD

PD 603 – The Child and Youth Welfare Code

Approved by the late president Ferdinand E. Marcos on December 10, 1974.
Date of effectivity – June 10, 1975

Application of the Code

The child and youth welfare code shall apply to all persons below 18 years of age, as amended by RA
6809(An act lowering the age of majority from 21 to 18 years, amending for the purpose EO 209 and for other
purposes) except those emancipated in accordance with law. Child or minor or youth as used in this code shall refer
to such persons.

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Legal Terms
1. Community – As used in this title, shall mean, the local government, together with the society of individuals
or institutions, both public and private, in which a child lives.
2. Samahan – Shall refer to the aggregate of persons working in commercial, industrial, and agricultural
establishment or enterprises, whether belonging to labor or management.
3. Dependent Child – One who is without a parent, guardian, or custodian, or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the
public support.
4. Abandoned Child – One who has no proper parental care or guardianship, or one whose parents or guardians
have deserted him for a period of at least six continuous months.
5. Neglected Child – is one whose basic needs have been deliberately unattended or inadequately attended.
6. Physical Neglect – When the child is malnourished ill-clad and without proper care.
7. Emotional Neglect – This exist when the child is maltreated, raped or seduced, exploited, overworked, or
made to work under conditions not conducive to good health, or are made to beg in the streets or public
places, or when children are in moral danger, or exposed to gambling, prostitution and other vices.

Rights of the Child

All children shall be entitled to the rights herein set forth without distinction as to legitimacy or
illegitimacy, sex, social status, religious or political antecedents and other factors.
1. The right to be born well, with the dignity and worth of a human being from the moments of his conception.
2. The right of a wholesome family life that will provide him with love, care and understanding, guidance and
counseling and moral and material security.
3. The right to a well-rounded development of his personality to the end that he may become a happy, useful and
active member of the society.

Duties of Parents
1. To give him affection, companionship and understanding
2. To extend to him the benefits of ,oral guidance, self-disciplined and religious instruction
3. To inculcate in him the value of industry, thrift and self-reliance
4. To supervise his activities including his recreation
5. To provide him with adequate support including;
a. food or sustenance
b. Dwelling or shelter
c. Clothing
d. Medical attendance
e. Education
f. Transportation

Child Welfare Agencies Licensed to Operate under this Code

1. Child Caring Institution – Provides a twenty four-hour resident group care services for the physical, mental,
social and spiritual self-being of nine or more mentally, gifted, dependent, abandoned, neglected,
handicapped or disturbed youthful offender.
2. Detention Home – A twenty four hour child caring institution providing short term resident care for youthful
offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.
3. Shelter care Institution – Provides temporary protection and care to children requiring emergency reception
as a fortuitous events, abandonment of parents, dangerous conditions or neglect or cruelty at home, being
without adult care due to some crisis in the family, or a court order holding them as material witness to a case
4. Receiving Home – A family type home which provides temporary shelter from ten to twenty days for
children who shall during this period are under observation and study for eventual placement by the DSWD.
5. Rehabilitation Center – An institution that receives and rehabilitates youthful offenders or other disturbed
children who have behavioral problems for the purpose of determining the appropriate care for them or
recommending their permanent treatment or rehabilitation in other child –welfare agencies.
6. Child Placement Agencies – An institution or person assuming the care, custody, protection, and
maintenance of children for placement in any child caring institution or home or under the custody of any
person for purposes of adoption, guardianship or foster care.

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Classification of Mental Retardation among Children
1. Custodial Group – They are the group having at least an IQ of 1-25.
2. Trainable Group – They are unable to acquire higher academic skill but usually acquires the basic skill for
living to a reasonable degree and consist of an IQ from 26 to 50
3. Educable Group – The degree of success that they will rich in life depends upon the quality and type of
education they receive as well as the at home and in the community. Their IQs range about 51-75.
4. Borderline or low Normal Group – They are the highest group of mentally retarded with an IQ of about
76-89.
5. Physically Handicapped Children – Are those who are crippled, deaf mute, blind, or otherwise defective
which restricts their means of action or communication with others.
6. 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.
7. Mentally ill Children – Are those with any behavioral disorder, whether functional which up to what
degree of severity as to require professional help or hospitalization.

The Youthful Offender

A youthful offender is a child, minor or youth, including one who is emancipated in accordance with the
law, who is over nine but under eighteen years of age at the time of the commission of offense.

Civil Liability of Youthful Offender

The civil liability for acts committed by a youthful offender shall devolve upon the offenders father and
incase of his death or disability, upon the mother, or in case of her death or incapacity, upon the guardian. Civil
liability may also be voluntarily assumed by a relative or family friend of the youthful offender.

Republic Act 7610 as amended by RA 7658– Special Protection of Children Against Child Abuse, Exploitation
and Discrimination.Took effect – June 17, 1992

Children- refers to person below eighteen years of age or those over but unable to fully take care of themselves
from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition.

Child Abuse
Refers to the maltreatment, whether habitual or not, of the child which includes any of the following;
1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment.
2. Any act or deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being.
3. Unreasonable deprivation of his basic needs for survival, such as food and shelter
4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth or development of his growth and development or in his permanent incapacity or death.

Children in Armed Conflict Situations

Children as Zones of Peace – Children are hereby declared as Zones of Peace. It shall be the responsibility
of the state and all other sectors concerned to resolve armed conflicts in order to promote the goal of children a zone
of peace. To attain this objective, the following policies shall be resolved;
1. Children shall not be the subject of attack and shall be entitled to special respect. They shall be protected from
any form of threat, assault, torture or other cruel, inhumane or degrading treatment.
2. Children shall not be recruited to become members of the armed forces nor be allowed to take part in the
fighting, or used as guides couriers or spies
Delivery of basic social services such as education, primary health and emergency relief services.

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