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1. ADOLESCENCE- transition stage between childhood and adulthood.

-the period of life as turbulent, emotional one filled storm and stress, brought on the various biological
changes of puberty.

-as youth became increasingly concentrated in large numbers in urban schools, a wide variety of
adolescent social group and networks developed, further separating the lines of the young from that of
their parents.

Further, Adolescence has different meanings and definitions, depending on whether it is approached
from biological, psychological, socio-cultural, psychological or historical viewpoint.

a. Biological View-

Puberty introduces some dramatic and obvious changes: genital and shoulder
development in boys, menstruation and breast and hip development in girls and others.

Psychological View

They characterized this period of life as a turbulent, emotional one, filled with storm and stress, brought
onby the various biological changes of puberty. It was concluded that adolescents in general, suffer from
rather serious problems: “emotional volatility, need for immediate gratification, impaired reality testing,
and in-difference to the world at-large.

Socio-cultural View

They emphasize how different cultures deal with the adolescent period in different ways.

Historical View

The main idea behind this theory is that adolescence varies from one period to another depending on
the circumstances people experience at that time.

2.PEER GROUP – affected by the growing division between young people and their parents. This division
includes differences in social activities, political interest, clothing, styles, music etc.

a. Teenagers create their own subculture. High schools play a key to this practice. At
school they are lumped
Together with people precisely their age and cut off from adults; there. They also manufacture their own
culture, symbols, and values distinctly unlike those adults.

b. Wanting to be accepted and feel worthwhile and more grown up many youngster turn
to deviant activities (drugs, sexuality, autonomy) and delinquent activities recommend
by the adolescent subculture.

C. Children are constantly instructed to “go find something to do”, “go play with your
friends” “go read a book” etc. to this, parents frequently either consciously tell their
children to get out of their lives of parents and create one of their own. Children do what
they are told, and often discover That their playmates respect them and give them dignity
that their parents do not

2. GANGS- JOAN MORE suggest a broadened definition: they are a friendship group adolescent
who share common interest, with more or less clearly defined territory, in which most of the
members live. They are committed to defending one another, the territory and the gang name
in the status- setting fights occur in school and on the streets.

Characteristics of a Gang

Organization- creation of an administration body.

Leadership- gangs have established leaders; unlike a militaristic or mafia style model- the top authority
positions analogues to that of the highestranking officer in the military; rules by force by the leader who
is usually older, stronger reverse by the gang’s members.

Turf- particularly territory or neighborhood crossing turf boundaries and entering another gang’s
territory

Cohesiveness- share privacies with one another than their non-delinquent to believe they can trust their
friends and have the trust of their friends.
Purpose- delinquents’ gang have been typically though to exist for the purpose of committing offense.

Four Levels of Delinquency:

Street offenses – focus on serious crimes: that occur on the street and are often concern to : citizens and
policy makers and the like.

Other Serious offenses includes behaviors that, while not in the street crime category, are! Nevertheless
considered as serious delinquency.

Minor offenses – refers primarily to status; offenses and other public nuisance type behavior.

Non-offending-

Gang Activity:

Wide range of illegal activity

Fight with other gangs

Robberies P Joyriding

e. Assaults of other people

C. DRUGS, YOUTH AND DELINQUENCY

The problem of adolescent drug use is terribly complex and cannot be understood apart from
examination of the history and nature of drug use in the larger society. The relationship between drug
use and delinquency, and way we might best respond to adolescent drug use.
Causes of Adolescent Drug Use

Double failure by the individual – In anomie theory, Merton argued that in a competitive and
materialistic society, in which success through legitimate avenues is attainable by relatively few
individuals, those persons unable to achieve success are likely to choose deviant modes of adaptation to
deal with their failure.

Weakening of social control – According to social control theory, delinquency is the result of an absence
or weakening of that social control mechanism that ensure conformity.

D. FEMALE DELINQUENCY

Much of the attention given to female delinquency since the turn of the century has focused on the
unique nature of the offenses (generally viewed as less serious and frequently sexually motivated). In
addition, females were generally stereotyped as inherently less intelligent, weaker and less aggressive
than males, and much more dependent on others than males

Female Gang delinquency

Most members were school drop outs who were! Affiliated with a male gang are who usually played
the ; traditional roles of girlfriends or weapon carriers.

Girls generally join gangs to escape the isolation that they had experienced in their families while
growing up.

:3. Some girls became members because they were tough ; and professed those values that were
typically applied to males.

3. The probability of being accepted into the gang increased if the girl was pretty or already dating
one of the core members.
1.Diversion programs reduce the stigma associated with a

! court conviction, thereby reducing the chances for future

; criminal involvement and allowing youth to actively choose alternatives to criminal activity.

Diversion programs aim to reduce recidivism by improving the youth’s social adjustment

Diversion programs reduce the costs of county court! And improve the juvenile justice system’s
efficiency.

Early Diversion Programs (created in the United

States)

1. Project Cross Roads

Y A program by the Department of Labor (Washington, D.C.)

V 16-26 years old juveniles with no prior records or no charges prior to the program undergoes
vocational services.

2. Saint Louis Diversion Program (1971)

It aims to provide home detention as an alternative to overcrowded jails in the city. In home detention,
the program offers quichnce and counseling …

3 Baltimore Diversion Project


A 2nd project of the Department of Labor

15-17 years old juveniles not currently charge of serious violent crime would undergo job counseling
program and placement.

4 Sacramento County 601 Diversion Project

Crisis intervention and counseling to families Children – truants, habitual runaways and incorrigibles and
beyond parental control.

A. Police Diversion

Diversion without referral – typically, this involves an “informal adjustment” (for example: warn, counsel
and release) whereby the juvenile offender is immediately diverted from the system without further
significant action.

Internal Referral Program – diversion with referral is! Generally dictated by department of policy or by
written agreement between police and community agencies.

It involves referral of a case from one branch of the police department to another branch that is better
equipped.

Community Volunteer Programs – the goal of this program is to identify and recruit individual from
within the community to assist the problems of youth.

Recreation Program – through the use of athletic activities especially team sports, this program channel
the energy of delinquent youth into socially constructed activities.

Probation Programs – this type of program is based on informal police probation and makes it clear that
the youth is to stay out of trouble and that police officer is there to see that he or she does.

6. External Diversion Programs – involves the diversion of youth to available outside community ! service
resource for assistance.
Acceptability – police officers have a tendency to! ‘stereotype certain service agencies as soft, lenient;
cuddling, and permissive.

Suitability – community service is unsuitable for! Use by the police as potential referral sources.

Availability – resources is no quarantee of quality: there is low level of awareness of resources among
the police.

. Accountability – appropriateness of a referral can’ never be broken without some formal procedures
for following up on it.

B. Court Diversion

Informal adjustment

It refers to the discretion of the court. Instead of processing or undergoing the formal process, the court
or the judge may resort to informal diversion. Most of the cases may need not to undergo formal
processes like status offenses, ; misdemeanors, incorrigibles, disputes.

Mediation

It refers to the settlement of disputes. Programs I schedule meeting among the complainants, the
respondent and the neutral hearing officer who facilitates communication between disputants and help
them to reach a mutually acceptable resolution to their conflict

:C. Community or Government Program

1.Youth Service Bureau

It was formally designated sometime in 1970’s. It was established with the following goals:

Diverting juveniles from Juvenile Justice


System

dvocating and developing services for youth ; and their families

Providing case study and program coordination

Providing modifications in the systems of youth! Services

Involving youth in the treatment decision making process___

:2. Community Youth Boards

It referstothe informal hearing boards which determine what, if any services should be provided to
children referred by schools, the police, the juvenile court, parents or I children themselves.

!3. Wilderness Program

It started in late 1970s. This is an outdoor program as an alternative to incarceration where modeled
after the civilian conservation corps which operated between 1933 and 1943. It I provides an open air
environment for treatment by stressing

! work activities as reforestation, brush clearance, fire suppression, etc. to focus them on education,
athletics and counseling.

Conceptual Models of Diversion

1. Discipline-Oriented Model

It advocates a secure work-oriented institution with less emphasis on work than on conformity to
institutional rules and regulations.

The limited programs for offenders consist primarily of farm and institutional maintenance work and
primitive academic I school programs.
The overriding concern of staff is to maintain the ; integrity of the institution by preventing escapes,
disorders, insubordination, and violation of rules.

Order is maintained through regimentation of offenders and the use of a punishment-reward system,
with particular emphasis on punishment

1.The Public-School Model

The focus is on simulating for the confined offender the formal educational experience of the free
community.

The Individual Treatment Model

Its objective is to facilitate personality change or personal growth”, and the method is the relationship
between the offender as client and the therapist, who is preferably a high trained professional.

The therapist has frequent and probing interviews with the youth to help the delinquent gain greater
objectivity about himself or herself and other people.

3. The Homespun Model

The ideal is a small camp, staffed with mature, well-adjusted individuals who are firmly committed to
working with youths and imbued with a good balance of personal concern, firmness, and patience.

5.The Therapeutic Community Model

It stresses the primacy of full and candid ! communication between staff and confined offenders
and takes an objective approach to decision making in the institution.

Staff and youth are encouraged to act and to perceive each other “as people” rather than
performers in stereotyped roles.

6.The Community-Oriented Model


The essence of this model is the recognition of the extent to which an individual is a product of the
social environment.

The juvenile system the art of diversion

Diversion – a term used to describe disposition prior to involving the juvenile justice system, but it is also
commonly used to describe the process whereby cases are removed from the Juvenile Justice System
(JJS) after they have been admitted to it.

-child-appropriate process of determining the responsibility and treatment of a CICL with consideration
to his/her needs and circumstances without resorting to formal court proceedings

Sec. 22.b of Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 mandates the conduct of
diversion in the case of a CICL above 15 but below 18 years old and was assessed to have acted with
discernment.

Juvenile diversion -programs have been created to divert youth from their early encounters with the

Juvenile court system These programs involve a suspension of formal criminal or juvenile justice
proceedings against analleged offender, and the referral of that adolescent to a treatment or care
program the juvenile court system was created in the early 19 th century in an effortto humanize criminal
procedures for children. The primary goal has been to help young people avoid the trauma of
imprisonment.

Conceptualizations of Juvenile Diversion

1. Diversion is a process of referring youths to an! ! existing community treatment program in lieu
of further juvenile justice processing at any point between apprehension and adjudication.

2. Diversion is designed to suspend or terminate! Juvenile justice processing of youth in favor of


release or referral to alternative services.

3. It is simply a means of informal processing of youth who have committed acts of delinquency.
4. It is exercised by discretionary authority to substitute to an informal disposition prior to a
formal! Hearing on an alleged violation.

5. It is the substitution of an alternative to further processing in the justice system for ani alleged
youth offender.

6. It is the return of the young offender by the police to the community (the family or the referral;
agency) rather than referral to an official sanctioning agency, such as the probation department
and juvenile court.

7. Diversion is viewed as any process that is used by components of the criminal justice system
whereby youths avoid formal juvenile court processing and adjudication.

But generally speaking, diversion can be defined as the earliest possible cessation official; intervention
with delinquent youth following the point of initial contact with law enforcement authorities. In its pure
form, diversion implies that no sanction of treatment (i.e.: no intervention) is imposed on the juvenile
offender by either official or non-official agents.

A. DEFINITION OF BASIC TERMS


Juvenile
he is a child or a young person, who under the legal system maybe dealt with for an offense in a manner
different from that of an adult.
these are young people regarded as immature or one whose mental as well as emotional faculties are
not fully developed, thus, making them incapable of taking full responsibility of their actions.
he is a person subject to juvenile court proceedings because a statutorily define event or condition
caused by or affecting that person was alleged to have occurred while his or her age was below the
statutorily specified age limit or original description of juvenile court.

Delinquency
refers to the failure to perform an act required by law, or the non-performance of duty or obligation
that is mandated by existing law or rule.
refers to any action; course or conduct that deviate from acts approved by the majority of people. It is a
description of acts that do not conform to the accepted rules, norms and mores of the society.
it refers to misconduct or misbehavior that is tantamount to a felony or an offense.
Delinquency is distinct from crime in the sense that the former maybe in the form of violation of a law,
ordinance, or rule but it is punishable only by a small fine or a short-term imprisonment or both.
Juvenile Delinquency
it is used to describe large number of disapproved behaviors of children or youths. In this sense,
anything that the youth does which others do not like is called Juvenile Delinquency.
it refers to any action or conduct of children or youth that are not conventional or not normally
accepted by the people.
it is likewise referred to any misbehavior or deviant behavior committed by children such as those minor
offense or misdemeanors, or those acts defined by the juvenile codes or laws.
Children’s offenses typically include delinquent acts which would be considered as an offense if
committed by adults.

Juvenile delinquent
is a minor that commits crimes that are prosecuted through the juvenile justice system.
It may be grouped in three ways:
a. children aging below 7 years
b. children aging from 7 to 12 years – juveniles who have doli incapax (not capable of having
criminal intent)
c. youths aging above 12 but below 18 years old

Child
A person who is below eighteen (18) years of age.

Filipino Child (PD 603)


A minor or a youth; any person below 18 years old, a boy or a girl at any age between infancy and
adolescence; however, the law includes infants and even unborn children.
A person who is below 18 years old or those over but unable to fully take care of themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or
condition.

Dependent child (PD 603)


is 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 for support.

Abandoned child (PD 603)


is one who has no proper parental care or guardianship, or whose parents or guardians have deserted
him for a period of at least six continuous months.

Neglected child (PD 603)


is one whose basic needs have been deliberately unattended or inadequately attended. Neglect may
occur in two ways:
a. There is a physical neglect when the child is malnourished, ill clad and without proper shelter. A child
is unattended when left by himself without provisions for his needs and/or without proper supervision
b. Emotional neglect exists: when children are maltreated, raped or seduced; when children are
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.

Commitment or surrender of a child


is the legal act of entrusting a child to the care of the Department of Social Welfare or any duly licensed
child placement agency or individual. Commitment may be done in the following manner:
a. Involuntary commitment
in case of a dependent child, or through the termination of parental or guardianship rights by reason of
abandonment, substantial and continuous or repeated neglect and/or parental incompetence to
discharge parental responsibilities, and in the manner, form and procedure hereinafter prescribed.
b. Voluntary commitment
through the relinquishment of parental or guardianship rights in the manner and form hereinafter
prescribed.

Mentally Retarded Children


Mentally retarded children are (1) socially incompetent, that is, socially inadequate and occupationally
incompetent and unable to manage their own affairs; (2) mentally subnormal; (3) retarded intellectually
from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional
origin, through hereditary or disease, and (6) essentially incurable.

Physically Handicapped Children


Physically handicapped children are those who are crippled, deaf-mute, blind, or otherwise defective
which restricts their means of action on communication with others.

Emotionally Disturbed Children


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 or complexes.

Mentally Ill Children


Mentally ill children are those with any behavioral disorder, whether functional or organic, which is of
such a degree of severity as to require professional help or hospitalization.

Youthful Offender
-It refers to a child, minor or youth including one who is emancipated in accordance with law,
who is over nine (9) years but under 18 years old of age at the time the commission of an offense.
-“A child nine (9) years of age or under at the time of the commission of an offense shall be
exempted from criminal liability and shall be committed to the care of his or her parents, or nearest
relative or family friend in the discretion of the court and subject to its supervision. The same shall be
done for a child over the offense, unless he acted with discernments, in which case shall be proceeded
against in accordance with Article 192 of Presidential Decree Nr. 603 (The Child and Youth Welfare Code
of the Philippines).
Status Offenses
-These are certain acts or omission which may not be punishable if committed by adults, but
become illegal only because the person is under age and the act was committed primarily by children,
minors, juveniles, youthful offenders or other person in need of supervision or assistance.

Categories of Status Offenses:


1. School Truancy
a pattern or repeated or habitual unauthorized absences from school by any juvenile subject to
compulsory education laws.
2. Repeated Disregarding or Misuses of Lawful Parental Authority
repeated disobedient behavior on the part of the juvenile or a pattern or repeated unreasonable
demands on the part of the parents create a situation of family conflict clearly evidencing a need of
services.
3. Repeated Running Away from Home
running away is juvenile’s unauthorized absences from home.
4. Repeated use of intoxicating beverages
repeated possession and or consumption of intoxicating beverages by a juvenile.
5. Delinquent acts committed by a juvenile younger than 9 years of age.
6. Use of profane language
7. Association with criminals or delinquent friends
8. Sexual misconduct or immoral conduct

B. HISTORICAL BACKGROUND:
The least privileged status in society is that of a child. Beings society’s most powerless members,
children have historically endured extreme hardships. In Greek, Roman, and Chinese empires, for
example, children were killed for offenses committed by their parents. In 19th century Europe children
were systematically treated with indifference. Noisy children were often forced to suck on opium-filled
pacifiers. In England four-year-old children were made to clean chimneys because they were small
enough to fit inside. At age seven, many children in England’s poor class were indentured to textile mills,
where they worked until aged 21. As recently 1842, five-year-old children were working 16 hours a day
in coal mines. Cruelty to animals became punishable offense in England 60 years earlier than cruelty to
children (Regoli and Hewiit, 2000).

The first child abuse legal case in the United States


In 1874 in New York, laws preventing cruelty to animals had to be invoked to remove an abused child
from home of her foster parents. Eight-year-old Mary Ellen Wilson was living in the home of her foster
parents, Francis and Mary Connolly. Mrs. Connolly abused and neglected Mary Ellen, beating and not
clothing her properly. Once Mary Ellen’s situation was discovered by a charity worker, Etta Wheller, it
was referred to the New York City Department of Charities. But the case was turned away because the
agency did not have custody of the girl. When Henry Berge, founder of the American Society for the
Prevention of Cruelty to Animals, was informed to Mary Ellen’s circumstance, he brought the matter to
the attention of his colleague, Elbridge Gerry, who petitioned the court to hear the case on the grounds
that (1) since Mary Ellen was a member of the animal kingdom, she was entitled to the same protection
as abused animals and (2) the child needed protection. The court heard the case, and the foster mother
was tried, convicted of assault, and sentenced to one year in the state penitentiary at hard labor. Mary
Ellen was removed from her abusive foster home and sent to live with Etta Wheller’s mother (Regoli and
Hewitt, 2000).
Maltreatment of children is possible because legally juveniles are “special people”. Because
children have no constitutional rights, adults may do things to them they cannot do to any adults.

Biblical Beginning
Deuteronomy 21:18–21: “18 If a man has a stubborn and rebellious son who does not obey his
father and mother and will not listen to them when they discipline him, 19 his father and mother shall
take hold of him and bring him to the elders at the gate of his town. 20 They shall say to the elders, “This
son of ours is stubborn and rebellious. He will not obey us. He is a profligate and a drunkard.” 21 Then
all the men of his town shall stone him to death. You must purge the evil from among you. All Israel will
hear of it and be afraid.”
This is the basis of the General Court of Massachusetts Bay Colony in November 1641 in passing
the Stubborn child law, which stated that children who disobeyed their parents would be put to death.

Hammurabi Code
This was the first comprehensive description of system used by the society to regulate behavior and at
the same time punish those who disobeyed the rules. The main principle of this Code was that: “the
strong shall not injure the weak”. It established a social order based on individual rights. It is the origin
of the legal principle of LEX TALIONIS, that is, an eye for an eye and a tooth for a tooth.
It is also the oldest known code 400 years ago dating from 2270 B.C. that takes account of many
misconduct acts, some pertains to youth.
The law regulates business transactions, personal relationship and responsibilities.
In the period of the code, the husband was the one in charge with many responsibilities to his wife and
to their children. In other words, he is patriarchal head of the family. In the patriarchal society, rebellion
against the father even by adult son is not tolerated, the punishment was severe.
In the period of the code, it states that “if the son strikes his father, one shall out only physically
mutilation but death for many offenses such as drowning in the river.
Gradually the law was ameliorated, and among the Hebrews punishment with death was replaced by
warning and flogging.

King Aethelstan Of England


It proclaims that any thief over 12 years of age received the punishment of death if he stole more than
12 pence. However, the severity of such punishment was eventually provided that “no one under 16
years old could be put to death unless he resisted or ran away.

Pope Clemente XI
In1704 in Rome, established a center for the correction of profligate youths, so they could be
taught to become useful citizen.

Anglo Saxon Law


It practiced to accept the proposition that children under certain age, usually seven years were
incapable of distinguishing whether their actions were right or wrong.
Almshouses
Colonial-era, locked, one-room buildings that housed many types of people with many different
problems, including troubled or orphaned children. Almshouses existed in most Colonial communities
and were a place of last resort for many troubled adults and orphaned children.

Houses of Refuge
Facilities built in the 1800s and established in major cities to help control troubled, wayward, or
orphaned children.
There was a movement to discontinue the use of adult jails or almshouses for these children and to
establish separate facilities. Many reformers supporting the establishment and expansion of these
houses during this time period were wealthy conservatives, concerned about the impact of a growing
poverty class and fear of social unrest, as well as about its influence and impact on children. This effort
was not as noble as it may sound, for there were worries by these reformers that efforts would not solve
the pauperism problem, threatening the social order of the time and the wealthier class positions in
society (Cohen & Ratner, 1970; Krisberg, 2005; Mennel, 1973).
The philosophical doctrine of parens patriae (“parent of the country”) was established through
numerous legal decisions and supported the houses of refuge’s efforts in the belief that the state should
act as a benevolent legal parent when the family was no longer willing or able to serve the best interests
of the child; this included parental inability to control or discipline their child.

Child-Saving Movement
A 19th century movement that influenced the development of the juvenile courts and focused on the
prevention of delinquency through education and training of young people and was focused on the
urban poor, trying to keep children sheltered, fed, and when possible and old enough, employed.

Placing Out
One of the newer approaches started by the Children’s Aid Society was a “placing out” system for
impoverished and troubled children whereby more than 50,000 were rounded up from mostly urban
East Coast cities, boarded on trains, and sent to western states. The train stopped along the way for
families to inspect the children and decide whether to accept them. Preference was given to farm
families, with the philosophy that these families offered the best hope for rescuing these children from
city streets and neglectful or deceased parents. This program often did not find placements for many of
the children (Mennel, 1973).

Reform Schools
19th century movement and reaction to ineffective houses of refuge consisting of homes designed as
small, rural, cottage-like facilities run by parental figures who educated and cared for the children and
adolescents.
These were first established in Massachusetts in 1886 (Lyman School for Boys) with 51 schools
established nationwide by 1896. They were less common in southern and western states, however.
Most facilities were operated by state or local governments, which was a significant shift in policy from
charity and philanthropic support in earlier eras, and they offered separate facilities for boys and girls.
These homes, though, rarely included adolescents convicted of serious crimes, who were still
imprisoned with adults.

1899–1920: Establishment of The Juvenile Courts


This era represented other advancements across social services, schools, and how children were viewed,
including the recognition of adolescence as a distinct life stage; establishment of child labor laws that
limited work and promoted mandatory school attendance; emergence of the social work and related
professions; epidemiological tracking of poverty and delinquency, allowing for the first time an ability to
identify and track social problems; and the legal recognition of delinquency that allowed the states to
take a proactive and protective role in children’s lives. Thus, the establishment of juvenile courts and
having distinct juvenile (children’s) judges began proliferating. By 1920, 30 states, and by 1925, 46 of the
existing 48 states had established juvenile or specialized courts for children and adolescents (Coalition
for Juvenile Justice, 1998; Feld, 1999; Krisberg, 2005; Platt, 2009).
The juvenile courts were different from any prior court that handled children’s issues. The guiding
principles included optimism that the young person could be reformed, a focus on how to best
accomplish this, and a separation and distinction from the adult court system that did not keep hearings
and information confidential. Most juvenile courts also handled minor offenses and status offenses.
Court proceedings were held in private and did not include jury trials, indictments, or other adult system
formalities, treating these cases as civil, not as criminal. In addition, the juvenile courts took on child
supervision roles in determining what came to be known as “the best interests of the child’s welfare”
(Platt, 2009; Redding, 1997). For the first time, state laws began to define delinquency.
The courts often employed probation officers, social workers, and psychologists to work with the child
and family, as well as to guide the decision-making of juvenile courts. These professionals were to act in
the best interests of the child, which was a significant change from earlier benevolent or controlling
philosophies. Over subsequent decades, however, the juvenile courts moved away from these initial
reformative and informal supervision plans.
The movement was formally recognized through the establishment of the nation’s first juvenile court in
Cook County (Chicago), Illinois, in 1899, an institution that was to act in loco parentis (in place of the
parents).
REFERENCE:
Regoli M.R. and Hewitt J.D. (2000). Delinquency in Society Fourth Edition. McGraw-Hill Higher Education.

Presidential Decree 603. The Child and Welfare Code. Retrieved from The LawPhil Project on July 03,
2020. https://lawphil.net/statutes/presdecs/pd1974/pd_603_1974.html

TO BE ANNOUNCED…

At the end of the topic, you should be able to:


Analyze the nature/extent of delinquency.
Distinguish the different prominent general theories and biological theories of delinquency.

A. NATURE OF DELINQUENCY
1. Incidence of delinquency accelerates at age 13 and peaks at about 17.
2. The prevalence (how widespread youth crime is in society) of different kinds of offending at each age
but also about the percentage of persons initiating and terminating. Termination age at about 18 to 19.
3. The gap between the male and the female involvements in status and non-victimizing offenses are
smaller than of the serious types.
4. A larger proportion of boys than girl reports having broken the law and that boys break it more
frequently.
5. As of the value of goods stolen increases, so that the sex ration showing male involvements.

B. ETIOLOGY OF DELINQUENCY
Etiology of delinquency is the study on the causes of delinquency. Why do crime and
delinquency occur in our society? What are the roots of this social problem? This topic is focuses on the
various explanation and theories of juvenile delinquency.
If we attempt to study the roots or causes of delinquency we must have to deal with theories. The
following are the early general theories on the causes of delinquency:
1. Demonological Theory
It is bases on the belief of early primitive people that every object and person is guided by a spirit.
This theory promoted the notion that persons should be held responsible for their actions when they do
evil things because their body is possessed by evil spirits.
2. Classical School
The two philosophers of this theory are Cesare Beccaria and Jeremy Bentham.
It promoted the idea that people choose criminality the same way when they choose conformity: the
youth commit crime because they think or imagine greater things can be earned through conformity.
This is because people are by nature hedonistic.
Hedonism is a doctrine which states that men naturally seek pleasure and avoid pain.
Considering that youths are rational and consciously choose to commit delinquency, they should
therefore be punished.

The following are the reasons why delinquent persons and offenders should be punished:
a. GENERAL DETERRENCE- punishment of delinquents and criminal offenders will strike fear in the hearts
of other people, thus making them less likely to commit acts of delinquency or crimes.
b. SPECIFIC DETERRENCE- punishment will strike fear in the heart of wrongdoers thus making them less
likely to offend others again.
c. INCAPACITATION- the simplest form of justification; wrongdoers should be locked up in jail since while
they are imprisoned in an institution, they cannot commit offense against the other people in the
outside world.
d. RETRIBUTION- this reason contradicts or objects the idea that anything good or useful will follow or
result from punishing offenders. Criminal should be punished because they deserve it; a punishment is
morally right and just in light of the harm and damage caused by the offense.
3. Neo-Classical Theory
The theory which contends that children and lunatic cannot calculate pain and pleasure, therefore, they
must exempt from incurring criminal liability.

4. Positivists or Italian School


The proponents of this theory are Cesare Lombroso, Enrico Ferri, and Raffaele Garofalo.
Positivist’s theory promoted the idea of DETERMINISM as a way of explaining crime and delinquency.
Determinism means that every act has a cause that is waiting to be discovered in the real world.
This theory believes that the causes of juvenile delinquency could be identified thru the application of
the scientific method, and once causes were discovered, the individual offender could be treated or
rehabilitated much as the medical doctors treat the causes of human illness.
As to Cesare Lombroso, the Father of Criminology, Father of Modern Criminology or Father of Scientific
Criminology, his theory of anthropological criminology essentially stated that criminality was inherited,
and that someone “born criminal” could be identified by physical defects, which confirmed a criminal as
savage, or atavistic.
He maintained that a born criminal could be identified by the possession of certain visible stigmata such
as asymmetry of the face, or head, large monkey like ears, receding chin, and others.
Criminals are classified as atavistic, insane and criminaloid.
However, Lombroso was criticized for his theory because he based only on his findings from examining
criminals. He did not conducted studies on non-criminal offender’s characters. Therefore, there is no
valid comparison as to the difference between the physical characteristics of criminals and non-
criminals.
The theory of Atavism turned out to be an unjustified leap of imagination.
Enrico Ferri view that criminals should not be held responsible for the factor causing their criminality
were beyond their control.
Raffaele Garofalo rejected the doctrine of free will and supported the position that crime can be
understood only if it is studied by scientific methods.

5. Critical Theory
This theory views juvenile delinquency as a byproduct of existing social arrangements. The concepts of
power, influence, inequality, and conflict guide this theory in exploring and clarifying the nature of
juvenile delinquency.
This theory blames the causes of juvenile delinquency on the imbalance of power within the human
society.
THEORIES ON CRIME AND DELINQUENCY
A. BIOLOGICAL THEORIES
These are groups of theories which claimed that physical appearance reveals the characters in a manner
that criminals have distinctive physical characteristics that makes them identifiable as delinquents or
criminal offenders.
Biological theories promoted the notion that people’s behavior bears some relationship to their
biological constitution. Recent biological theorizing which emphasizes biological variations within the
normal range has begun to include the interplay of biological, social and psychological variables in crime
and delinquency.

1. Physiognomy/Phrenology or Craniology Theory.


Physiognomy according to Vold and Snipes (2000), it deals with making judgment about people
appearance of their faces. Johan Caspar Lavater, systematized man popular observation and made man
extravagant claims about alleged relation between facial features and human conduct. For example,
beardlessness and its opposite, shifty eye, a weak chin, an arrogant nose, etc. were considered in
determining behavior.
Phrenology according to Hagan (2017) is a pseudoscience that claim to determine personality and
intelligence on the basis of the size and shape of a person’s skull.

2. General Inferiority Theory


It was advocated by Earnest Hooton, a Harvard anthropologist.
He argued that criminals are inferior to civilians in nearly all of their bodily measurements.
He likewise stated that low foreheads, crooked nose, narrow jaws, small ears, long necks and stooped
shoulders indicated inferiority.
He further stated that crime exists because there are some inferior people who are responsible for
them. Some of the descriptions of inferior people who are potential criminals includes the following:
Sneaky, little, constitutional inferiors- thieves
Wiry, narrow, hard-bitten. Tough, and not notably undersized- robbers
Men with low mediocre body builds are people who tend to break the law without preference.
He proposed that criminals should be permanently exiled to self-governing reservation, isolated from
the society and sterilized to prevent future off-spring.

3. Somatotype Theory
It was advocated by William Sheldon whose ideas were concentrated on the “Survival of the Fittest” as
behavioral science.
He believes that inheritance was the primary determinants of one’s behavior and the body physique was
a reliable indicator of personality.
He classified people in three ways as follows:
a. Endomorphs- a type with relatively predominance of soft, roundness, throughout the region of the
body. They have low specific gravity. And a person with typically relaxed and extroverted, and relatively
noncriminal.
b. Mesomorphs- athletic type, predominance of muscle, bone and connective tissue, normally heavy,
hard and firm, strong and tough. They are people who are routinely active and aggressive, and they are
likely to commit violent crimes and other crimes requiring strength and speed.
c. Ectomorphs- thin physique, flat chest, delicacy throughout the body, slender, poorly muscled and they
are tended to be fatigue and withdrawal.
MESOMORPHY-DELINQUENCY REALTIONSHIP- delinquency exist because there are mesomorphic men
or youth that are responsible for its occurrence.
4. Physique Theory
This was developed by Ernest Kretschmer (1888 – 1964), who distinguished three principal types of
physique, which are:
a. ASTHENIC – lean, slightly built, narrow shoulders. Commits crimes of petty theft and fraud.
b. ATHLETIC – medium to tall, strong, muscular, course bones. Commits violent crimes.
c. PYKNIC – medium height, rounded figure, massive neck, broad face. Commits deception, fraud and
violence
d. DYSPLASTIC or MIXED - the body type that is less clearly evident having any predominant type
(unclassifiable). Commits crimes of decency and morality.
Ernest Kretschmer related these body physiques to various psychotic behavioral patterns:
Pyknic - manic depression (weird sadness)
Asthenic and athletic – schizophrenia
He also created the BIOPSYCHOLOGICAL CONSTITUTIONAL TYPOLOGY, the relationship between body
build and personality type:
a. Cycloid (cyclothymes)- associated with a heavy-set, soft type of body, vacillated between
normality and abnormality. Were said to be lack of spontaneity and sophistication, and were thought to
commit mostly nonviolent property types of offenses.
b. Schizoids (schizothymes)- who tended to possess athletic, muscular bodies but, it could also
be then and leans, were seen more likely to be schizophrenic and to commit violent types of crimes.
c. Dysplastic- the mixed group described as highly emotional and often unable to themselves.
They were thought to commit mostly sexual offenses and other crime of passion.

5. Genetics Theory
This theory states that people who have abnormal genetic structure or chromosomal activities commit
crimes and delinquency.
The theory explains that the behavior of violent male criminals is the proposal of a chromosomal
abnormality in which such males have an XYY, instead of the normal XY, male chromosomal pattern. The
extra Y chromosome, so goes the hypothesis turns these criminals into super males.

c. REFERENCE:
Eduardo, J.P. (2018). Introduction to Criminology: Congruous with CMO No. 05 series of 2018, 2nd
Edition.
Lagumen D.D. and Lagumen H.A. (2020). Theories of Crime Causation, First Edition. ChapterHouse
Publishing Inc.

TO BE ANNOUNCED…

At the end of the topic, you should be able to:


Internalize and evaluate the various psychological theories that causes delinquency to a child.
B. PSYCHOLOGICAL THEORIES
The psychoanalytical theory shares with biological theory the search for the cause in biological
processes or anomalies, it attempts to look deep into the mind of the people.
The treatment and policy implications of psychoanalytical theory are directed and obvious.
Criminal and delinquent offenders should be treated not as evil but as sick persons who are basically
responsible for their actions in any rational or controllable sense. Therefore, punishment of offenders
will be ineffective and will only provoke more guilt and unhealthy psychological reactions.
Delinquents and criminals, the theory contends, need treatment for underlying emotional
disturbances. Cure that problem and the problem of crime will be remedied.
A group of theory that assumed:
1. Delinquency is a result of internal, underlying disturbances.
2. These disturbances develop in childhood and tend to become permanent features of the individual’s
character.
3. Since the individual has problems, he or she must be the focus of attention if the problem is to be
solved.
1. Psychoanalytic/ Psychodynamic Theory
By Sigmund Freud, it focuses on abnormalities or disturbances in the individual’s emotional
development from early childhood.
Crime, according to Freud, is symbolic expression of inner tension that each person has but fails to
control. It is an out expression of having learned self-control improperly.
He believes that people develop in a series of stages. When abnormalities occur, the person is more
likely to experience conflict. Conflict arises from the person’s basic drive and social control. Because
conflict is painful to confront, people tend to push into their unconscious mind, thus, experience that
produce conflict. Finally, people use defense mechanism to handle personal conflicts.
The four main elements in Freud’s theory are as follows:
1. Human nature is inherently anti-social. Every child possesses a set of primitive anti-social instincts that
he called the ID.
2. Good behavior comes thru effective socialization. Thru socialization, the child learns internal control.
3. The life-long features of human personality originate in early childhood. By the age of 5, all of the
essential features of the child’s adult personality have been developed.
4. Delinquent behavior is the result of a defective superego.
The three (3) parts of the Human Psyche (Personality)
a. THE ID (pleasure principles)
It is the unconscious seat of irrational, antisocial, and instinctual impulses, which must be controlled and
shaped for social adaptation to life in society.
It is the original system of personality present at birth.
It consists of blind unreasoning, instinctual desires and motives.
It represents all of a person’s basic biological and psychological drives including LIBIDO.
It was fueled by the pleasure principle: IWANT WHAT I WANT WHEN I WANT IT!
It is also anti-social and knows no rules, any boundaries or limitations and if unchecked, it may destroy
the person.
It is the unconscious portion of the personality, the innate part of the personality dominated by the
drive (cravings) for pleasure and by inborn sexual and aggressive impulses.
b. THE EGO (reality principles)
It is the conscious and rational part of the mind, and it usually grows from the ID.
It is part of the personality that must deal with conflicting demands of the ID and SUPEREGO.
It also represents problem-solving dimension of the personality
It deals with reality because it can differentiate reality from fantasy
c. THE SUPEREGO (moralistic and idealistic principles)
It is the conscience and moralizing part of the mind.
It grows out from ego, and represents the moral code and the norms and values the individual has
acquired and the superego is also responsible for feelings of guilt and shame.
If the parts of the human psyche co-exist in unified and harmonious way, the person is mentally healthy,
but when the human psyche comes into conflict, the person in maladjusted and there is a high
probability that he will commit delinquent acts.
2. The Low I.Q. Theory
Wilson and Hernstein suggested that low IQ is associated with one’s inability to reason morally,
reestablishing the notion that it represents not only a cognitive but also moral backwardness.
Accordingly, the theory believes that the higher the IQ scores, the lower the probability that the
adolescent will commit delinquent acts. Some of the inflammatory claims of the low IQ theory are:
1. People with low intelligence are unable to realize that committing offenses in a certain way often
leads to getting caught and eventual punishment.
2. People with low intelligence are easily led into law-breaking activities by the wiles of more clever
people.

3. Attention Deficient Hyperactivity Theory


Immaturity and hyperactivity cause Juvenile delinquency
Grade schools usually experience attention deficit hyperactivity disorder, which is characterized by:
1. Short attention span
2. day dreaming
3. sluggishness
4. preoccupation
5. impulsiveness
4. Frustration-Aggression Hypothesis
People who are frustrated will act aggressively, and people who engage in aggression are frustrated
first.
Aggression- a behavior whose goal is to inflict damage or injury on some object or person and it may be:
a. Overt- physical or verbal
b. Covert- like wishing someone is dead
Frustration- a behavior directed at anticipated goals or expectations or a person must have expecting
the attainment of a goal or achievement in order to be frustrated.
Frustration develops when a person experiences the blocking of some goal. It involves hopes and
unfulfilled expectations; it is not a feeling or emotion but a failure of objectives or goals. Frustration
leads to anger, which makes aggression more likely to happen, and when aggression is induced by
violent anger, the person who is provoked may either use words or weapons.
5. Moral Development Theory
Criminal and deviant behavior results from the way in which individuals organize their thoughts around
morality and the law. Lawrence Kohlberg, a developmental psychologist, theorized that there are three
levels of moral reasoning (Eduardo, J.P. 2018).
First Stage: Preconventional Level
This stage is reached during middle childhood, moral reasoning is based on obedience and
avoiding punishment.
Second Stage: Conventional Level
This stage is reached at the end of middle school. During this stage moral reasoning is based on
the expectations that the child’s family and significant others have for him or her.
Third Stage: Postconventional Level
This stage is reached during early adulthood at which point individuals are able to go beyond
social conventions. That is, they value the laws of the social system.
REFERENCES:
Eduardo, J.P. (2018). Introduction to Criminology: Congruous with CMO No. 05 series of 2018, 2nd
Edition.
Lagumen, D.D. and Lagumen, H.A. (2020). Theories of Crime Causation, First Edition. ChapterHouse
Publishing Inc.

TO BE ANNOUNCED…

At the end this topic, you should be able to:


Determine the several sociological theories of delinquency.
Analyze the root causes of delinquency in each sociological theory.

C. SOCIOLOGICAL THEORIES
There are four reasons why sociological theories are distinct and prominent explanation of
crimes and delinquency than the biological and psychological theories:
1. The new sociological theories blame delinquency on social and environmental circumstances.
2. Social institutions was believed to be plaque by disintegration and disorganization.
3. Some observers assumed that disintegration and disorganization made individuals more likely to
engage in delinquency.
4. The prevailing opinion was that the lower class was responsible for the majority of delinquency.
1. Anomie Theory
By Emile Durkheim, he described anomie not simply as normlessness but as the more or less complete
collapse of social solidarity itself.
He stated that the order of social life does not derive from individuals but from society because the
individual is not sufficient unto himself, it is the society that he receives everything necessary to him.
He maintained that crime is important ingredient of all healthy societies because crime makes people
more aware of their common interest and help to define appropriate, moral or lawful behavior.
He believed that crime was both normal and functional.
a. CRIME IS NORMAL
Crime is nothing more than a consequence of the creation and the application of norms.
It is because some behavior is wrong that other behavior is right. That is why crime is normal.
b. CRIME IS FUNCTIONAL
Crime is functional to the society because crime is the basis for social change. Crime often points out to
the social group those elements, processes, or arrangements that may need to be changed.
2. Differential Association Theory
It was advocated by Edwin Sutherland, the Father of American Criminology.
He proposed that through interaction with others, individual learn the values, attitudes, techniques, and
motives for criminal behavior.
He presented nine propositions to the explanation of crime and delinquency which are as follows:
Criminal behavior is learned.
Crime is learned by participation with others in verbal and non-verbal communications.
Families and friends have the most influence on the learning process.
The learning process includes the techniques of committing the crime and the specific direction of
motives, drives and attitudes.
Not everyone in the society agrees that the laws should be obeyed; some people define it unimportant.
A person becomes delinquent because of an excess definition favorable to the violation of laws over to
the definitions unfavorable to the violation of laws.
Differential Associations vary in frequency, duration, priority and intensity. The extent to which
associations and definitions will result in criminality is related to the frequency of contracts and their
meaning to the individual.
The process of learning criminal behavior by association with criminal and anti-criminal patterns involves
all the mechanisms that are involved in any other learning.
While criminal behavior is an expression of general needs and value, it is not explained by those general
needs and values, since non-criminal behavior is an expression of the same needs and values.
It is a process theory because it details the experiences a person must go through in order to become a
delinquent.
3. Differential Opportunity Theory
By Richard Cloward and Lloyd Ohlin, delinquency is the result of great disparity between what youths
are taught to want and what is actually available to them.
Youths who join a delinquent subculture want to achieve success, but since their legitimate means are
blocked, they turn to illegitimate means in the form of delinquency, and eventually, crime.
*Cloward and Ohlin describe three different kinds of delinquent subcultures which include:
1. Criminal Subculture- it develops in stable, lower class neighborhood.
a. adult role models
b. integration of age levels, so younger people learn from older people how to commit offenses
and how to handle themselves when they get caught.
c. cooperation between offenders and supposedly legitimate people in the community.
d. control of delinquents by adult criminals.
2. Conflict- this type arises in disorganized slums, where many people move in and out and social and
cultural rootlessness and conflict occur.
3. Retreatist- some youngsters are eager to succeed in the criminal or the conflict subculture, but do not
meet the standards. Nor do they live up to the requirements of the conventional culture. They are
double failures; they find it impossible to make a name for them in any line of activity they attempt.
Eventually they give up and retreat to drugs.
Now Cloward and Ohlin believed that the concept of illegitimate means could illuminate why
delinquent subculture existed in slum areas and why took a particular form.
MAJOR POINTS OF THE THEORY
Members of the society share a common set of values which emphasize the desirability of certain life,
goals, especially that of success.
There are standard avenues for achieving these goals- LEGITIMATE AND ILLEGITIMATE.
These two general avenues (opportunity structure) are not equally available to all group and classes of
the society.
Members of the upper classes have primary access to the legitimate opportunity structure (business,
politics), while members of the lower class have primary access to the illegitimate opportunity structure
(organized crime)
In any urban, lower class area, the degree of integration of these two opportunity structures determines
the social organization of the community. The less the integration, the more the community is
disorganized.
Communities with well-organized and integrated illegal opportunity structure provide learning
environment for organized criminal behavior. In such communities, the male delinquent subculture
takes on either of two ideal forms which are dependent on the degree of access to the illegitimate
structure:
a. When an opportunity to participate successfully in the illegitimate structure is available to young
males, the subcultural gang serves type most commonly found will be a criminal gang.
b. When opportunities for young males to join the illegitimate structure are as limited as are those to
join the legitimate structure, the most common form of subcultural gang will be retreatist gang.
Disorganized communities exert weak social controls and create disorganized gang subcultures. When
young males are deprived of both legitimate and criminal opportunities, the common form of gang
subculture will be a conflict gang.
4. Ecological Theory/School
Philosophers of this theory was Robert Ezra Park, Ernest Burgess, Clifford Shaw and Henry McKay.
Park and Burgess identified five concentric zones that often exist as cities grow, including the “zone in
transition” which was identified as most volatile and subject to disorder.
Mckay and Shaw focused on juvenile delinquents finding that they were concentrated in the zone of
transition.
They believed that juvenile delinquency could be understood only by considering the social context in
which the youth lived- context that itself was a product of major societal transformation brought by:
a. Occurrence of rapid social change procedure by industrialization, urbanization and immigration.
b. Rapid social changer products dilapidated area.
c. Dilapidated area creates social disorganization.
d. Social disorganization allows culture conflict to rise.
e. Cultural conflict allows crime and delinquency to flourish.
f. Delinquent behaviors result allowed to flourish delinquency become a full-time job or career.
5. Focal Concerns Theory
Walter Miller attempts to explain the behavior of "members of adolescent street corner groups in lower
class communities" as concern for six focal concerns: trouble, toughness, smartness, excitement, fate,
autonomy. Miller described these focal concerns as "areas or issues which command widespread and
persistent attention and a high degree of emotional involvement."
This theory, as it is often referred to, views these criminogenic influences as a learned part of the lower-
class subculture values. In essence, the theory suggests that delinquency is in fact part of the learned
cultural values rather than an anomic reaction to unattainable goals.
His theory of delinquency can be summed up as follows:
a. Lower class communities are female dominated that promotes focal concern
b. Juveniles are encouraged to associate with street corner gangs to validate masculine identity.
c. New members of gang-achieved status by adhering to the behavior consist with focal concern.
d. Delinquent behavior is developed.
Since the dominant culture was that of the middle class, the existence of different values was enough, in
itself, to bring the lower class into conflict with the middle-class values and those who enforce them.
Miller suggested that it was these expectations that provided the focal concerns.
The lower class-culture revolved around six focal concerns:
a. Trouble- some of the lower class claim they want to avoid trouble with the law, but they
covertly seek it. Members of criminal and delinquent gang seek trouble overtly.
b. Toughness- includes the physical strength, masculinity, sentimentality and bravery.
c. Smartness- refers the ability to outfox people on the street corner and to learn to take
advantage of the weaknesses of one’s opponents.
d. Excitement- involves a search for thrills, danger or risk, prompted in part by long period of
boredom and routine that lower class people experiences.
e. Fate- believing that they cannot control their future by setting and achieving goals, they may
turn for example, to gambling where they hope to hit the jackpot.
f. Autonomy- independent and believe in common expression of “nobody tells me what to do”
The focal concerns of male adolescent groups are those of the general cultural milieu of the
lower-class culture. One maintains membership in groups by acting in conformity with the focal
concerns. Status is maintained and achieved by demonstrating possession of the focal concern. Children
become delinquent by seeking status. Status is achieved by adherence to the dominant focal concerns
that are merely the reverse of many of the values found in the middle-class culture.
6. Gang Theory
It was advocated by Frederick Thrasher.
A gang is a band of people going about together or working especially for some criminal purposes.
Delinquency develop through the following:
a. Gangs originated as playgroups
b. Playgroups are transformed into gangs.
c. Competition for turf lead to gang conflict
d. Delinquent gangs may have complex social structure as any other social group.
7. Labelling Theory
Frank Tennenbaum, Edwin Lemert, and Howard Becker who advocate of this theory.
This theory that explained about social reaction to behavior. Their theory maintained that the original
cause of crime cannot be known, no behavior is intrinsically criminal, behavior becomes criminal if it is
labeled as such.
8. Neutralization Theory
This theory was advocated by Gresham Sykes and David Matza
This theory stated 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 favorable to them.

9. Social Bond Theory


By Travis Hirschi, he presented the most recent, and most popular, version of social control theory. He
synthesized and elaborated on the work of other social control theories, provided a clearer picture of
what was meant by a social bond.
He mentions four ties to society:
1. ATTACHMENT- it is an emotional element. It refers to the extent that a person cares about other
people via norms and conscience. The strength of attachments, or ties one has to significant other or to
institutions can inhibit deviance.
2. COMMITMENT- it is a more rational quality, referring to the degree of one’s investment in
conventional activities. It represents the investment one has already built up in conventional society.
3. INVOLVEMENT- it refers to the time spent in conventional activities; if this occupy the youngster’s
entire day delinquent incidents cannot take place. Suggest that youths are so involved in conventional
behavior that they don’t have time for delinquent behavior
4. BELIEF- people who think it is wrong to violate a particular law will probably not violate it. It
constitutes the acknowledgement of society’s rules as being fair. This one has a respect for those rules
and norms and feel a moral obligation to obey them.
10. Social Control Theory
By Ivan Nye, he focuses on the family. He noted that in their early years, children have no concept of
right or wrong and therefore break rules quite often.
He believes that delinquency is natural, conformity on the other hand, is not all natural, it must be
explicitly taught and encourage usually by parents.
He believes that delinquency depends primarily on family attitudes and feeling, not family structure.
He also agreed that youths who have the great amount of freedom are more able to engage in
delinquency. Those who have a little freedom are so frustrated that they may also commit more
delinquency.
THREE TYPES OF SOCIAL CONTROL:
INTERNAL- a child’s conscience develops as he grows older.
DIRECT- it is what most people think of when they hear the word control. It includes the prevention,
supervision, sanctions and rewards by external agents- parents, teachers, police and others.
c. INDIRECT CONTROL- it is exercised through a person’s affection for parents and other
conventional figures. The child does not wish to lose the affection of a loved parent or other authority
figure and so conforms to the rules of society.
11. Social Learning Theory
Is a theory of learning and social behavior which proposes that new behaviors can be acquired by
observing and imitating others.
It states that learning is a cognitive process that takes place in a social context and can occur purely
through observation or direct instruction, even in the absence of motor reproduction or direct
reinforcement.
12. Strain Theory
It was advocated by Robert Merton
It emphasizes that the failure of man to achieve a higher status of life caused them to commit crimes in
order for the 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. Merton’s explanation to criminal behavior assumes that people are law abiding but when
under great pressure will result to crime.
13. Subculture Theory
This theory was introduced by Albert Cohen
Cohen noted that delinquent behavior was most often found among lower class males and that gang
delinquency was the most common form. He declared that all children seek social status.
a. The first major status problems confronted by lower class children are in the school system.
Not only do they have to compete with middle class children, but also adults who use a middle-class
measuring rod, a set of standards, which are difficult for the lower class to attain, evaluate them. In this
competitive framework, the child loses I the search for the status, among both fellow students and
teachers.
b. Those who feel the loss most will suffer status frustration.
c. Since many lower-class children are trapped in this status frustration, various adaptations to
the middle class take place. For some, adjustment to the middle-class measuring rod would result in a
collective solution to the problem status. This is accomplished by jointly establishing new norms, new
criteria of status, which defines as meritorious the characteristics, they do possess, the kind of conduct
of which they are capable. This, a new cultural form, a delinquent subculture, is created to solve
problems of lower-class status.
According to Cohen, school is the source of the frustration.
1. Cohen’s claims that lower-class parents are not able to socialize their children as effectively as middle-
class parents in what is considered appropriate middle-class behavior.
2. Teachers use a “middle-class measuring rod” to judge the behavior of all children, because they are
usually middle class in background or orientation.
3. Low status causes frustration. Frustrated children gather together to share their common problem,
forming a sub-culture.
4. In the sub-culture, middle class values are rejected and the children develop a new code rewarding
the opposite behavior (delinquent behavior)
The main characteristics of delinquents according to Cohen are:
1. Malicious behavior- delinquent boys get their kicks from tormenting non-delinquent children.
2. Negativistic- that is, they think their behavior is right precisely because it is wrong according to the
norms or rules of a larger culture.
3. Non-utilitarian-because their activities do not produce a direct economic benefit.
4. Versatile- they dabble in a wide variety of delinquent activities.
5. Hedonism- is evidence by their impatience and impetuosity.
6. Group Autonomy- they are close to the other members of the gang but hostile to outsiders such as
parents, teachers, and other authorities.

REFERENCES:
Eduardo, J.P. (2018). Introduction to Criminology: Congruous with CMO No. 05 series of 2018, 2nd
Edition.
Lagumen D.D. and Lagumen H.A. (2020). Theories of Crime Causation, First Edition. ChapterHouse
Publishing Inc.
TO BE ANNOUNCED…

At the end this topic, you should be able to:


Recognize the influences that gender has on delinquency.
Analyze the effects that family stability has on juvenile delinquency.
Evaluate relationships between academic performance and delinquency.
Explain how violence, academic performance, substance abuse and bullying contribute to delinquency.

A. FAMILY AND DELINQUENCY


a. Child’s birth order in the family- birth order affects the delinquent behavior with delinquency more
likely among middle children than first or last children.
The first child receives individual attention and affection of parents, while the last child benefits from
the parent’s experience of raising children, as well as from presence of siblings, who serve as models.
In some cases, the delinquent child is the first or last.
b. Family Size- parents in larger families tend to have more difficulty disciplining and supervising their
children than do parents with smaller families.
Some parents delegated child rearing to older siblings who may not be equipped to execute the tasked.
Large families are exposed to illegitimacy, poverty and overcrowding.
c. Quality of Home life- poor family home life, measured by marital adjustment and harmony within the
home, affects the rate of delinquent behavior among children more than whether or not the family is
intact.
Happiness of marriage and good marital relationships and strong family cohesiveness in homes is key
whether or not the children become delinquent.

Models of Family Life


1. The Corporate Model- the father is the Chief Executive officer. The mother, the operating
officer, implements the father’s policy and managing staff (children) who in turn have privileges and
responsibilities based on their seniority.
2. The Team Model- the father is the Head. The Mother is the Chief of the training table and the
Head cheerleader. The children, suffering frequent performance anxiety, play the rules and stay in shape
with conformity calisthenics. In the team family, competition is the name of the game winning is
everything.
3. The Military Model- the father is the General. The Mother is the Guard duty with a special
assignment to the nurse crops when needed. The kinds of the grunts, unruly children are sent to the
stockade, insubordinate wives’ risk dishonorable discharge. Punishment is swift and sadism is called
character building.
4. The Boarding School Model- the father is the rector or headmaster, is in charge of training
school minds and bodies, the mother, the dorm counselor oversees the realm emotion, illnesses, good
works, and bedwetting. The children are dutiful students. The parents have nothing left to learn, there’s
but to teach and test.
5. The Theoretical Model- the father is the producer, plays the role of the father. The mother is
the manager, doubles in part of mother. Children are the stage hands, also act the roles of girls and
boys. No writer in necessary because the lines are scripted, the role are sex stereotypes, the plot
predictable.

Single Parent Families


There is an intuitive appeal to the idea that a single parent, particularly when female, will be less
able to effectively supervise, guide, and control a child or adolescent to insulate him or her from criminal
or delinquent influences.
Two explanations of why single-parent families seem to produce more delinquents are
frequently offered. (Matsueda and Heimer)
1. Single-parents can less effectively supervise their children simply because there is only one parent
rather than two, consequently, their children are more likely to come into contact with delinquent
influences.
2. Specific to single mother, suggesting that the mother gives the adolescent a greater say in what he or
she can do, thus reducing control over the youth.
Mclanahan and Booth presented three explanations for the relationship between single parent and
delinquency:
1. Economic Deprivation – Research showed delinquency to be related to the mother’s income at the
time of the child’s birth and to the father’s irregular employment. Additionally, studies have found
single mothers have fewer sources to invest in their children.
2. Socialization – includes factors that can attenuate the effect of single parenthood, such as autonomy,
supervision, affection, and conflict. Single parents may be less able to properly supervise, monitor,
guide and support their children to insure their conformity to societal rules.
3. Neighborhood – recognizes that many single parent families live in social isolation and in
economically deprived neighborhoods. This demographic reality results decreased opportunity for
economic mobility and is associated with greater likelihood that children will quit school or become
pregnant as teenagers.
In summary, what do we know about single parenthood’s contribution to delinquency?
1. Economic condition inherent to single-parent families may place children at greater risk.
2. Socialization of children residing in single-parent homes may differ from those residing with two
parents.
3. Bad neighborhoods, where single parents often reside, may contribute to delinquency.

Family Rejection- studies found a significant relationship between parental rejection and delinquent.
- it is the refusal of a parent to accept or show affection for a son or daughter.
Discipline in the Home- inadequate supervision and discipline in the home have been commonly cited to
explain delinquent behavior. The type of discipline employed in the home affect delinquent behavior,
for both stripy and punitive; lax and erratic discipline; unfair discipline.
Broken Home- this does not only refer to the separation of parents leaving their children behind, but
includes the presence of both parents but who are irresponsible that children experience constant
quarrel in the home.
- teenage pregnancy is strongly associated with a variety of compounding problems for the girl.
Teen mothers are more likely to leave high school prior to graduation; more likely to be unwed and to
remind unmarried, and more likely to experience negative healthy conditions in both mother and the
child.
- children born to single mothers are likely to be raised in economically overburdened
households and to receive less adequate pre-natal and post-natal care. The teenage mother has to leave
schools and to forego further job training and other opportunities for economic adjustment.

Major Effects of Separation of Parents


1. Single mothers face the problem of task overload.
2. Single mothers usually find themselves to financial starts; female- headed household earn less
than half of the income of male-headed families
3. Social isolation is common, with the mother having fewer people to provide social and
emotional support.
Parenting Skills
Broken and working mothers have been convenient scapegoats of alarmist. Therefore,
we will now consider other aspects of the family. The first of this is parenting skills. Do parents of
chronic delinquents not know how to parent effectively, many of them do not care- they have almost no
affection for their children. Snyder and Patterson suggest that the association between family
interaction patterns and delinquency maybe understood more clearly examining the following:
Patterns of discipline
Positive parenting
Monitoring of behavior
Problem solving and conflict within the family
The seven rules of parenting
1. Notice what the child is doing.
2. Monitor it over long periods.
Effective monitoring requires establishing a set of rules and clearly communicating them to the child
place off limits; curfew hours; when the child should be home from school.
Parents need to be aware of the child’s performance in school as well as school attendance, the
possibility of drugs or alcohol use and the activities that the child is involved with friends.
Good supervision fasters appropriate parental reaction to antisocial and delinquent behaviors and
indirectly minimize the adolescents contact with delinquency- promoting circumstances.
3. Model skill behavior
4. Clearly state house rules
5. Consistency provides same punishment for transgression
6. Provide reinforcement for conformity
7. Negotiate disagreement so that conflicts and crises do not escalate
The assumption is the unsupervised children are more likely to be raised/become delinquents.
Parental Attachment
- parental love may reduce delinquency because it is something children do not want to lose.
Children who like their parents very much will respect their parent’s wishes, and stay out of trouble.
Physical Abuse and Neglect
Abuse can either be physical (which includes sexual) or mental, however because of the
difficulties with documenting mental abuse, and physical abuse. As children grow into adults, they
remember the rule: if you love someone, you may hit them for their own good. Once hitting is viewed
as acceptable, it becomes relatively easy to understand why there are millions of incidents of domestic
violence.
TYPES OF ABUSE
1. Physical Abuse- refers to the intentional behavior toward a child by parents or caretaker to cause
pain, injury or death.
Spanking Children- when a parent strikes a child, he or she does not know the damage may result some
adults cannot stop hitting once they start. They lose control and hit and hit and hit.
adult who hit children usually only want to cause enough pain to make the child stop “stop
misbehaving” and think twice about repeating the act. Child abusers were adults who have
misjudgments the amount of harm they were causing; they forgot how fragile children are.
Some parents become comfortable with their spanking techniques and some even derive pleasure from
it. If for no other reason they believe that spanking the child is right to do.
Types of Abuser:
a. Parentally incompetent abuser- mentally disordered abuser
b. Situational abuser- abuse, includes alcohol, the more he become physically and psychologically
dependent on drugs.
c. Accidental abuser- exercise poor judgment in their parenting decisions. Administering enemas to
children to discipline them.
d. Sub-cultural abuser- a group of people who share a number of values, norms, and attitudes in
common. In some sub-culture, has inherent positive value. “Punish sons to make them good Christian”
e. Self-identified abuser- some parents know they are abusive. They know that if their child bearing
practices were known to the authorities, they would be censured. Many of these parents want to stop
abusing their children but cannot, and are afraid to make their discipline practices known. “Placing high
expectations on the child and punishing him if he fails”
f. Institutional prescribed abuser- sometimes abuse occur in institution because of beliefs on which
these institutions are grounded.
Many of these parents want to stop abusing their children but cannot, and are afraid to make their
discipline practices known.
The relationship between abuse and delinquency has been described as cycle of violence or the
“intergenerational transmission of violence” and attributed to the notion that “violence begets
violence”. It is boldly stated that abused and neglected children “become tomorrow’s murderers and
perpetrators of other crimes of violence”.
2. Emotional Abuse- encompasses the lack of love and affection, as well as deliberate withholding of
contract and approval, it may include a steady diet of putdowns, humiliation, name calling, lying,
escape-goating, demanding excessive responsibilities, unrealistic expectations.
Running away from home is sometime the result of emotional abuse. A runaway is a child between the
ages 10 to 17, who leaves home, staying overnight, without permissions of parents or guardian.
When emotional abuse is persistent and chronic, it can result in emotional damage to the child,
A child is defined as emotional harmed if he demonstrates severe: anxiety; depression; and self-
destructive or aggressive behavior.
One of the strongest positions on the relationship of abuse and delinquency comes from Fleishers study
of the Crips and Bloods, West Coast street gangs. As a consequence of abused, these young boy’s
develop what Fleisher calls a “defensive worldview”, namely:
1. A feeling of vulnerability and a need to protect oneself.
2. A belief that no one can be trusted.
3. A need to maintain social distance.
4. A willingness to use violence and intimidation to repel others.
5. An attraction to similarly defensive people.
6. An expectation that no one will come to his or her aid.
What do we know about the relationship of abuse to delinquency?
1. We know that there is a link. Being abused increases the risk of delinquency.
2. Most abused children become abusive parents, delinquents or violent adult criminals.
Family Effect
The premise is that children who are raised in supportive, affectionate, and accepting
environments tend to become self-aware adults who can formulate their own long-term goals and can
successfully pursue socially and economically fulfilling lives. In contrast, children of harsh, unloving,
overly critical, and authoritarian parents often become self-absorbed as adults. Their impulsiveness can
result in violence and substance abuse.
Hirschi’s social control theory correlates with family and delinquency. Hirschi concluded that
“the closer the child’s relations with his parents, the more he is attached to and identified with them,
the lower his chances of delinquency”.
What do we know about family effect and delinquency?
1. A healthy home environment, one in which parents and children share affection, cohesion and
involvement reduces the risk of delinquency.
2. Parental rejection appears to be one of the most significant predictors of delinquency.
3. Not only does parental attachment to children influence the likelihood of delinquency, but also
apparently so does the attachment of the child to the parent.
B. ADOLESCENCE, PEERS, GANGS AND DELINQUENCY
1. ADOLESCENCE- transition stage between childhood and adulthood.
-the period of life as turbulent, emotional one filled storm and stress, brought on the various
biological changes of puberty.
-as youth became increasingly concentrated in large numbers in urban schools, a wide variety of
adolescent social group and networks developed, further separating the lines of the young from that of
their parents.
Further, Adolescence has different meanings and definitions, depending on whether it is
approached from biological, psychological, socio-cultural, psychological or historical viewpoint.
a. Biological View
Puberty introduces some dramatic and obvious changes: genital and shoulder development in
boys, menstruation and breast and hip development in girls and others.
b. Psychological View
They characterized this period of life as a turbulent, emotional one, filled with storm and stress,
brought on by the various biological changes of puberty. It was concluded that adolescents in general
suffer from rather serious problems: “emotional volatility, need for immediate gratification, impaired
reality testing, and in-difference to the world at-large.
Also, the actual structure of the personality depends on the specific influences of social
institutions such as the family, educational system, and the economic structure. In addition, intellectual
and moral development is not as complete during adolescence, and therefore delinquent acts as well
result from mistaken perceptions.
c. Socio-cultural View
They emphasize how different cultures deal with the adolescent period in different ways.
d. Historical View
The main idea behind this theory is that adolescence varies from one period to another
depending on the circumstances people experience at that time.
2. PEER GROUP- affected by the growing division between young people and their parents. This division
includes differences in social activities, political interest, clothing, styles, music etc.
a. Teenagers create their own subculture. High schools play a key to this practice. At school they are
lumped together with people precisely their age and cut off from adults; there. They also manufacture
their own culture, symbols, and values distinctly unlike those adults.
b. Wanting to be accepted and feel worthwhile and more grown up many youngster turn to deviant
activities (drugs, sexuality, autonomy) and delinquent activities recommend by the adolescent
subculture.
Membership in one-sex peer group, which is a reaction to female dominated homes, where the male
parents is absent from the household, present only occasionally, or when present, only minimally
involved in the support.
The desire to prove their masculinity is what attracts lower class boys to that one-sex peer group.
Delinquent behavior is seen as the lower boys attempt to prove that he is grown up and no longer tied
by his mother’s apron.
c. Children are constantly instructed to “go find something to do”, “go play with your friends”, “go read
a book” etc. to this, parents frequently either consciously tell their children to get out of their lives of
parents and create one of their own. Children do what they are told, and often discover that their
playmates respect them and give them dignity that their parents do not.
Parents are often responsible for punishing their children in the very peer groups that they
sometimes come to deplore and when parents try to pull them back into the family, they tend to use
controlling methods that GET TOUCH on youth. The net effect on their method is pushing the child even
further from them and closer to the peer group.
3. GANGS- JOAN MORE suggest a broadened definition: they are a friendship group adolescent who
share common interest, with more or less clearly defined territory, in which most of the members live.
They are committed to defending one another, the territory and the gang name in the status- setting
fights occur in school and on the streets.
Characteristics of a Gang:
a. Organization- creation of an administration body.
b. Leadership- gangs have established leaders; unlike a militaristic or mafia style model- the top
authority positions analogues to that of the highest-ranking officer in the military; rules by force by the
leader who is usually older, stronger reverse by the gang’s members.
c. Turf- particularly territory or neighborhood crossing turf boundaries and entering another
gang’s territory
d. Cohesiveness- share privacies with one another than their non-delinquent to believe they can
trust their friends and have the trust of their friends.
e. Purpose- delinquents’ gang have been typically though to exist for the purpose of committing
offense.
Four Levels of Delinquency:
a. Street offenses – focus on serious crimes that occur on the street and are often concern to citizens
and policy makers and the like.
b. Other Serious offenses – includes behaviors that, while not in the street crime category, are
nevertheless considered as serious delinquency.
c. Minor offenses – refers primarily to status offenses and other public nuisance type behavior.
d. Non-offending
Gang Activity:
a. Wide range of illegal activity
b. Fight with other gangs
c. Robberies
d. Joyriding
e. Assaults of other people
C. DRUGS, YOUTH AND DELINQUENCY
The problem of adolescent drug use is terribly complex and cannot be understood apart from
examination of the history and nature of drug use in the larger society. The relationship between drug
use and delinquency, and way we might best respond to adolescent drug use.
Causes of Adolescent Drug Use
1. Double failure by the individual – In anomie theory, Merton argued that in a competitive and
materialistic society, in which success through legitimate avenues is attainable by relatively few
individuals, those persons unable to achieve success are likely to choose deviant modes of adaptation to
deal with their failure.
2. Weakening of social control – According to social control theory, delinquency is the result of an
absence or weakening of that social control mechanism that ensure conformity.
3. Socialization into drug use by the subculture – The basic premise of this perspective is that youths
begin and continue to use drugs as the result of their involvement in social groups in which drug use is
considered.
4. Oppression and family conflict – These children often turn to drugs. Parental failures, fighting,
extreme or inconsistent discipline of their children, lack of communication, physical and sexual abuse,
emotional distance, and disrupted marriage all take their toll on children.
Adolescent Drug Use- marijuana, shabu, etc.
Drug Crises
a. the more the adolescent uses drugs, the more likely it is that he will come to the attention of
juvenile system.
b. the more the adolescent used drugs, including alcohol, the more he become physically and
psychologically dependent on drugs.
c. the more an adolescent is physically and psychologically dependent on drugs, the more likely
it is that he will commit delinquent acts to support the drug habit.
d. the more an adolescent is physically and psychologically dependent on drugs, the more likely
it is that he will become involved in highly delinquent peer culture.
e. the more an adolescent commits delinquent acts and is that he will be adjudicated delinquent
and be placed under the supervision of the juvenile court.
D. FEMALE DELINQUENCY
Much of the attention given to female delinquency since the turn of the century has focused on
the unique nature of the offenses (generally viewed as less serious and frequently sexually motivated).
In addition, females were generally stereotyped as inherently less intelligent, weaker and less aggressive
than males, and much more dependent on others than males.
Juvenile Offenses Committed by Female Delinquents
1. Larceny or Theft
2. Runaways
3. Other offenses
4. Liquor Laws
5. Other assaults
6. Disorderly conduct
7. Curfew and Loitering Violations
8. Drug Abuse Violations
9. Burglary
10. Vandalism
Female Gang Delinquency
1. Most members were school drop outs who were affiliated with a male gang are who usually played
the traditional roles of girlfriends or weapon carriers.
2. Girls generally join gangs to escape the isolation that they had experienced in their families while
growing up.
3. Some girls became members because they were tough and professed those values that were typically
applied to males.
4. The probability of being accepted into the gang increased if the girl was pretty or already dating one
of the core members.
Giordano argues that females who become involved in delinquent acts would have to adopt an
attitude in which delinquency is viewed as appropriate or desirable, and a friendship style in which they
would encourage each other as a group to act on these beliefs.
REFERENCES:
Jesster P. Eduardo, PhD. A handbook on Juvenile Delinquency. Tarlac City: RMC Publishing Haus.
Ms. Madelyn P. Estrada. Module in Juvenile Delinquency and Juvenile Justice System.

TO BE ANNOUNCED…

At the end this topic, you should be able to:


Explain the roles that police play in the prevention of juvenile delinquency. Understand how police treat
adult and juvenile suspects.
Explain the historical trends and theoretical foundations of the juvenile justice system. Evaluate the
fairness and effectiveness of the adjudication process.
Explain the goals of juvenile corrections and differentiate between adult and juvenile correctional
treatment. Evaluate the effectiveness of juvenile treatment and rehabilitation programs.
Juvenile diversion programs have been created to divert youth from their early encounters with
the juvenile court system. These programs involve a suspension of formal criminal or juvenile justice
proceedings against an alleged offender, and the referral of that adolescent to a treatment or care
program.
The juvenile court system was created in the early 19th century in an effort to humanize
criminal procedures for children. The primary goal has been to help young people avoid the trauma of
imprisonment. The contemporary (like U.S.) juvenile justice system is still based on the following
philosophy:
Children, because of their minor status, should not be held accountable as adults;
The objective of the juvenile justice system is to treat and rehabilitate rather than to punish;
The special circumstances and needs of youth should be considered throughout the judicial process;
The system should avoid the punitive, adversarial and formalized procedures associated with adult
criminal court.
Diversion is a term used to describe disposition prior to involving the juvenile justice system, but it is
also commonly used to describe the process whereby cases are removed from the Juvenile Justice
System (JJS) after they have been admitted to it.
Conceptualizations of Juvenile Diversion
1. Diversion is a process of referring youths to an existing community treatment program in lieu of
further juvenile justice processing at any point between apprehension and adjudication.
2. Diversion is designed to suspend or terminate juvenile justice processing of youth in favor of release
or referral to alternative services.
3. It is simply a means of informal processing of youth who have committed acts of delinquency.
4. It is exercised by discretionary authority to substitute to an informal disposition prior to a formal
hearing on an alleged violation.
5. It is the substitution of an alternative to further processing in the justice system for an alleged youth
offender.
6. It is the return of the young offender by the police to the community (the family or the referral
agency) rather than referral to an official sanctioning agency, such as the probation department and
juvenile court.
7. Diversion is viewed as any process that is used by components of the criminal justice system whereby
youths avoid formal juvenile court processing and adjudication.
But generally speaking, diversion can be defined as the earliest possible cessation official intervention
with delinquent youth following the point of initial contact with law enforcement authorities. In its pure
form, diversion implies that no sanction of treatment (i.e.: no intervention) is imposed on the juvenile
offender by either official or non-official agents.
Diversion, therefore, involves doing something with the child offender. This call to action has resulted in
extending the meaning of diversion to include policies of benign neglect, judicious non-intervention,
decriminalization, and releasing offenders on their own recognizance.
Aims or Purposes of Diversion
1. Diversion efforts are aimed to reduce the state’s control over youth offender by reducing the number
of juvenile process through official justice channels.
2. To provide beneficial services such as:
Employment counseling
Family counseling
A requirement for restitution
A relationship on an elder sister or brother
Substance abuse education
Psychotherapy
Why Would My Community be Interested in Juvenile Diversion?
1. Diversion programs reduce the stigma associated with a court conviction, thereby reducing the
chances for future criminal involvement and allowing youth to actively choose alternatives to criminal
activity.
2. Diversion programs aim to reduce recidivism by improving the youth’s social adjustment – for
example, by strengthening family relationships, enhancing self-esteem, or improving decision making
skills.
3. Diversion programs reduce the costs of county court and improve the juvenile justice system’s
efficiency. Specifically, a sizeable percentage of local law enforcement financial costs come from
juvenile crime:
• Not just arrests, but the costs involved in taking juveniles to court;
• Not just taking juvenile to court, but the costs of recidivism (repeated crime);
• Not just the costs of trying juveniles for second or third offenses.
Juvenile Diversion programs include youth who have been arrested, or in some cases youth who have
been referred to the program by parents, teachers, or police because they appear to be at-risk for
criminal involvement. These programs give youth an opportunity for youth to work through problems
outside the juvenile court system.
Early Diversion Programs (created in the United States)
1. Project Cross Roads
A program by the Department of Labor (Washington, D.C.)
16-26 years old juveniles with no prior records or no charges prior to the program undergoes vocational
services.
2. Saint Louis Diversion Program (1971)
It aims to provide home detention as an alternative to overcrowded jails in the city. In home detention,
the program offers guidance and counseling.
3. Baltimore Diversion Project
A 2nd project of the Department of Labor
15-17 years old juveniles not currently charge of serious violent crime would undergo job counseling
program and placement.
4. Sacramento County 601 Diversion Project
Crisis intervention and counseling to families
Children – truants, habitual runaways and incorrigibles and beyond parental control.
Kinds of Diversion
A. Police Diversion
1. Diversion without referral – typically, this involves an “informal adjustment” (for example: warn,
counsel and release) whereby the juvenile offender is immediately diverted from the system without
further significant action.
2. Internal Referral Program – diversion with referral is generally dictated by department of policy or by
written agreement between police and community agencies.
It involves referral of a case from one branch of the police department to another branch that is
better equipped.
3. Community Volunteer Programs – the goal of this program is to identify and recruit individual from
within the community to assist the problems of youth.
4. Recreation Program – through the use of athletic activities especially team sports, this program
channel the energy of delinquent youth into socially constructed activities.
5. Probation Programs – this type of program is based on informal police probation and makes it clear
that the youth is to stay out of trouble and that police officer is there to see that he or she does.
6. External Diversion Programs – involves the diversion of youth to available outside community service
resource for assistance.
Four Problems when Referring Youths to Community Service Agencies
a. Acceptability – police officers have a tendency to stereotype certain service agencies as soft, lenient,
cuddling, and permissive.
b. Suitability – community service is unsuitable for use by the police as potential referral sources.
c. Availability – resources is no guarantee of quality; there is low level of awareness of resources among
the police.
d. Accountability – appropriateness of a referral can never be broken without some formal procedures
for following up on it.
B. Court Diversion
1. Informal adjustment
It refers to the discretion of the court. Instead of processing or undergoing the formal process,
the court or the judge may resort to informal diversion. Most of the cases may need not to undergo
formal processes like status offenses, misdemeanors, incorrigibles, disputes.
2. Mediation
It refers to the settlement of disputes. Programs schedule meeting among the complainants,
the respondent and the neutral hearing officer who facilitates communication between disputants and
help them to reach a mutually acceptable resolution to their conflict
C. Community or Government Program
1. Youth Service Bureau
It was formally designated sometime in 1970’s.
It was established with the following goals:
a. diverting juveniles from Juvenile Justice System
b. advocating and developing services for youth and their families
c. providing case study and program coordination
d. providing modifications in the systems of youth services
e. involving youth in the treatment decision making process
It conducts case study and provide recommendation and establish a program to rehabilitate this
troubled youths.
2. Community Youth Boards
It refers to the informal hearing boards which determine what, if any services should be
provided to children referred by schools, the police, the juvenile court, parents or children themselves.
3. Wilderness Program
It started in late 1970s. This is an outdoor program as an alternative to incarceration where
modeled after the civilian conservation corps which operated between 1933 and 1943. It provides an
open air environment for treatment by stressing work activities as reforestation, brush clearance, fire
suppression, etc. to focus them on education, athletics and counseling.
Conceptual Models of Diversion
1. Discipline-Oriented Model
It advocates a secure work-oriented institution with less emphasis on work than on conformity
to institutional rules and regulations.
The limited programs for offenders consist primarily of farm and institutional maintenance work
and primitive academic school programs.
The overriding concern of staff is to maintain the integrity of the institution by preventing
escapes, disorders, insubordination, and violation of rules.
Order is maintained through regimentation of offenders and the use of a punishment-reward
system, with particular emphasis on punishment.
2. The Public-School Model
The focus is on simulating for the confined offender the formal educational experience of the
free community.
3. The Individual Treatment Model
Its objective is to facilitate personality change or “personal growth”, and the method is the
relationship between the offender as client and the therapist, who is preferably a high trained
professional.
The therapist has frequent and probing interviews with the youth to help the delinquent gain
greater objectivity about himself or herself and other people.
4. The Homespun Model
The ideal is a small camp, staffed with mature, well-adjusted individuals who are firmly
committed to working with youths and imbued with a good balance of personal concern, firmness, and
patience.
5. The Therapeutic Community Model
It stresses the primacy of full and candid communication between staff and confined offenders
and takes an objective approach to decision making in the institution.
Staff and youth are encouraged to act and to perceive each other “as people” rather than
performers in stereotyped roles.
6. The Community-Oriented Model
The essence of this model is the recognition of the extent to which an individual is a product of
the social environment.
REFERENCE:
Ms. Madelyn P. Estrada. Module in Juvenile Delinquency and Juvenile Justice System.

TO BE ANNOUNCED…

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