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

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.

Property crimes - is a category of crime that includes theft,robbery,motor vehicle theft,arson,shop lifting
and vandalism.

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

Delinquency - crimes committed by minors which are dealt with by the juvenile courts and justice
system.

Criminal behavior - crimes dealt with by the criminal justice system.

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

Repeat Offender - (life-course-persistent offender) - begins offending or showing anti-social/aggressive

behavior in adolescence or even childhood and continuous in adulthood.

Age Specific Offender (adolescence-limited offender) - juvenile offending or delinquency begins and
ends during their period of adolescence.

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 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.

4 Major Theories That Explain Existence Of Delinquency

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

Classical

Positivist

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

Shoplifting

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 -

Internationalist Perspective – any youth who commits a crime should be left alone

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

Physical Environment

Unfavorable Economic Condition

Social Environment

Defects in Government

Defects in Education
Proponent of Classical Theory

Jeremy Bentham

Cesare Beccaria

Proponents Of Positivist/Italian Theory

Cesare Lombroso

Enrico ferri

Rafael Garofalo

RA 6809 – 18 years old - age of majority.

RA 8669 – Law which created the family court.

Truancy – Frequent Absences

Types Of Delinquents

Occasional Delinquent

The Gang Delinquent

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

Juveniles

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.

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