Correlates of Delinquency

An important aspect of delinquency research is

measurement of the personal traits and social
characteristics associated with adolescent misbehavior.
If, for example, a strong association exists between
delinquent behavior and family income, then poverty and
economic deprivation must be considered in any
explanation of the onset of adolescent criminality. If
the delinquency-income association is not present,
other forces may be responsible for producing anti-
social behavior. It would be fruitless to concentrate
delinquency control efforts in areas such as job
creation and vocational training if social status were
found to be unrelated to delinquent behavior.
Similarly, if only a handful of delinquents are
responsible for most serious crimes, crime control
policies might be made more effectively by identifying
and treating these offenders.

Gender and Delinquency

Available data show that delinquency and crime have
strong gender associations. Police records indicate
that the crime rates of juvenile and male young adult
offenders are more than double those of young females,
and conviction rates are six or seven times higher. The
number of male juvenile suspects for every 100,000
members of the designated group is more than six times
the corresponding figure for females; for those in the
youth category the male-female suspect ratio is even
higher, at 12.5 to 1.6 There are a number of reasons
why more young men than young women are involved in
violent or criminal behavior. Various restrictive and
simulative factors encourage women to conform to social
norms that do not apply to men, one example being the
fear of sexual assault. Girls are subject to stronger
family control than are boys. Cultural concepts are
such that society at large is less tolerant of deviant
behavior among young women than among young men. In
addition, aggression and violence play an important
role in the construction of masculinity and sexuality
in patriarchal societies, the primary objective being
to reinforce and maintain the status and authoritative
position of men. The male perception of violence can be
minimized, forgiven, denied, or justified. Men often do
not consider such acts as verbal or sexual insults to
constitute violent behavior.

Social Class and Delinquency

Defining the relationship between economic status and
delinquent behavior is a key element in the study of
delinquency. If youth crime is purely a lower-class
phenomenon, its cause must be rooted in the social
forces that are found solely in lower-class areas:
poverty, unemployment, social disorganization, culture
conflict, and alienation. However, if delinquent
behavior is spread throughout the social structure, its
cause must be related to some noneconomic factor:
intelligence, personality, socialization, family
dysfunction, educational failure, or peer influence.
According to this line of reasoning, providing jobs or
economic incentives would have little effect on the
crime rate.

Age and Delinquency

Age is inversely related to criminality: As youthful
mature, their offending rates decline. Official
Statistics tell us that young people are arrested at a
disproportionate rate to their numbers in the
population and this finding is supported by victim
surveys. Why does crime decline with age? Why do people
commit less crime as they age? One view is that the
relationship is constant: Regardless of race, sex,
class, intelligence, or any other social variable,
people commit less crime as they age; this is referred
to as the aging-output process. According to this view,
even the most chronic juvenile offenders will commit
less crime as they age.
Delinquency experts have developed a number of reasons
for the aging-out process:
• Growing older means having to face the future. Young
people, especially the indigent and antisocial, tend to
"discount the future." Why should they delay
gratification when faced with an uncertain future?
• With maturity comes the ability to resist the "quick
fix" to problems. Research shows that some kids may
turn to crime as a way to solve the problems of
adolescence, loneliness, frustration, and fear of peer
rejection. As they mature, conventional means of
problem-solving become available. Life experience helps
former delinquents seek non-destructive solutions to
their personal problems.
• Maturation coincides with increased levels of
responsibility. Petty crimes are risky and exciting
social activity that provides adventure in an otherwise
boring world. As youths Vow older, they take on new
responsibilities that are inconsistent with
criminality. For example, young people who marry,
enlist in the armed services, or enroll in vocational
training courses are less likely to pursue criminal
activities.
 Personalities can change with age. As youths mature,
rebellious youngsters may develop increased self- and
be able to resist anti-social behavior.
 Young adults become more aware of the risks that
accompany crime. As adults, they are no longer
 protected by the kindly arms of the juvenile justice
system.
Age of Onset
Age may influence delinquent behavior in other ways.
For example, evidence exists that people who
demonstrate antisocial tendencies at a very early age
are more likely to commit more crime for a longer
duration; this is referred to as the age of onset.
According to this view, there are two classes of
offenders. The first begin committing crime in late
adolescence, typically with their peers, and then cease
offending as they enter young adulthood. These
youngsters begin to desist, from illegal or deviant
activities as they mature and begin to realize that
crime is too dangerous, physically taxing, and
unrewarding, and punishments too harsh and long
lasting, to become a way of life.
The second group of delinquents is composed of those
who begin their offending careers early in life and
maintain a high rate of offending throughout their
lifespan. Early-onset of crime is a marker for their
chronic offending patterns. Research supports this by
showing that children who will later become delinquents
begin their deviant careers at a very early (preschool)
age and that the earlier onset of delinquency the more
frequent, varied, and sustained the criminal career.
Early-onset delinquents typically have a history of
disruptive behavior beginning in early childhood with
truancy, cruelty to animals, lying, and theft.

POLICE AND THE RULE OF LAW

When police are involved with criminal activity of
juvenile offenders, their actions are controlled by
statute, constitutional case law, and judicial review.
Police methods of investigation and control include (1)
arrest procedure, (2)search and seizure, and
(3)custodial interrogation.

The Arrest Procedure

When a juvenile is apprehended, the police must decide
whether to release the youngster or make a referral to
the juvenile court. Cases involving serious crimes
against property or persons are often referred to
court. Less serious cases, such as disputes between
juveniles, petty shoplifting. runaways, and assaults of
minors, are often diverted from court action. The law
of arrest for juveniles is generally the same for
adults. To make a legal arrest, an officer must have
probable cause to believe that an offense took place
and that the suspect is the guilty party. Probable
cause is usually defined as falling somewhere between a
mere suspicion and absolute certainty. In misdemeanor
cases the police officer must personally observe the
crime in order to place a Suspect in custody. For a
felony, the police officer may make the arrest without
having observed the crime if the officer has probable
cause to believe the crime occurred and the person
being arrested committed it. A felony is a serious
offense; misdemeanor is a minor or petty larceny.
Crimes such as murder, rape and robbery are felonies;
crimes such as petty larceny and disturbing the peace
are misdemeanors. The main difference between arrests
of adult and juvenile offenders is the broader latitude
police have to control youthful behavior. Most juvenile
codes, for instance, provide broad authority for the
police to take juveniles into custody. Such statutes
are designed to give the police the authority to act in
loco parentis (Latin for in place of the parent”).
Accordingly, the broad power granted to police is
consistent with the notion that a juvenile is not
arrested but taken into custody, which implies a
protective rather than a punitive form of detention.
However, there is currently a trend toward
treating juvenile offenders more like adults. Related
to this trend are efforts by the police to provide a
more legalistic and less informal approach to the
arrest process, and a more balanced approach to
case disposition.

Search and Seizure

Do juveniles have the same right to be free from
unreasonable search and seizures as adults? In general,
a citizen’s privacy is protected by Sec. 2, Art. III of
the Philippine Constitution which states that:
The right of the people, to be secure in their Persons,
houses, papers and effects against unreasonable
searches and seizure of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce and
particularly describe the place to be search and the
person or things to be seized.

CUSTODIAL Interrogation
In years past, police often questioned juveniles
without their parents or even an attorney present.
Any incriminating statement arising from such
Custodial interrogation could be used at trial.
However, in the 1966 Miranda case, the Supreme
Court placed constitutional limitations on police
interrogation procedures with adult offenders.

Miranda held that persons in police custody must be

told the following:
. They have the right to remain silent.
. Any statement they make can be used them.
. They have the right to counsel.
. If they cannot afford counsel furnished at public
expense.

One problem associated with custody interrogation of

juveniles has to do with waiver of Miranda rights under
what circumstances juveniles knowingly and willingly
waive the rights given them by Miranda? Does a
youngster, acting alone, have sufficient maturity to
appreciate the right to remain silent?
Most courts have concluded that parents or attorneys
need not be present for juveniles to effectively waive
their rights. The validity of a waiver rests not only
on the age of the youth but also on a combination of
other factors, including the child’s education, the
child’s knowledge of the charge, whether the child was
allowed to consult with family or friends, and the
method of interrogation. The general rule is that
juveniles can waive their rights to protection from
self-incrimination, but that the validity of this
waiver is determined by the circumstances of each case.
Chapter 2 - Suggestive Remedy
In dealing with juveniles, the Police must gain the
confidence and respect of the citizen For example:
Uniformed police Officers assigned to schoo1 crossings
have used their learned duties and obligations by not
only protecting the children while crossing the
streets, but they must have shown to the children that
they are friendly and that they sincerely wish to be
friends with all the fact that the children go home and
relate these incidents to their parents had gone a long
way in removing the fear on the part of the parents as
well as the chi1dren.

Control of un1awful behavior of Youth and Undesirable

Conditions Involving Youth
Control - it is a term which acknowledges the existence
of unlawful behavior and the need to take action.
Unlawful behavior of youth- It includes all types of
activity in which laws and ordinances are violated and
Such other activities as could bring youth before the
juvenile court.
Undesirable conditions - The term refers to community
hazards and community problems harmful to youth.
Control is accomplished in three major ways by the
police:
1. Investigation of individual cases involving youth
and conditions causing anti-social activities.
2. Providing a constructive disposition for individual
cases and conditions through department action,
referral to other agencies, or to the juvenile court.
3. Providing overall effective police operations which
reduce the opportunity for commission of law violations
and maintaining cooperative relations with other
components of the juvenile justice system.

POLICE RESPONSIBILITY
Law enforcement’s responsibility to the community is
probably greater than that of any official agency. The
following are the primary responsibilities of the
police:
1. detection of crime
2. apprehension of offenders
3. preservation of peace
4. general safety of the public
The discharge of these obligations is automatic, and if
done satisfactorily, delinquency and crime prevention
would be controlled with no further effort on the part
of the police or of the public.

REQUIREMENTS IN THE PROPER DISCHARGE

OF POLICE RESPONSIBILITIES
1. Closely observe places and conditions which may be
regarded as breeding places for crime and delinquency.
2. Always be in a better position than others to
discover the existence of harmful influences to the
children.
3 Know who are potential or actual delinquent and
recognize who are victims of neglect and abuse.
4. Determine what measures to be adopted or which
course will be the most advantageous.
5. Emphasize to the public that the home is most vital
force in the prevention of juvenile delinquency.
The following tips have been found experience to be the
most conducive to the welfare, as well as in the best
interest of the department’s aims and purposes.
1. Treat the juvenile with consideration.
2. Be friendly.
3. Be firm. Appeal to his intelligence, to his reason
and his sense of fairness.
4. Discover the child’s problem, if possible.
5. Try to gain the child’s respect and confidence.
6. Remember that the child of today is the man of
tomorrow. It is wise to point out very clearly the
disastrous results to a boy’s life if he is convicted
of a major crime, and that this conviction will be a
mark against him for the rest of his life.
7. Do not resort to vulgarity or obscenity. Do not use
insulting names and never lose your temper.

Community-Based Policing
Some police departments are now replacing more
aggressive measures with cooperative community efforts.
Because police officers are responsible for the case of
juveniles taken into custody, it is essential that the
work closely with social service groups day by day. In
helping to develop delinquency prevention programs, the
police are working closely with youth service bureaus,
schools, recreational facilities, welfare agencies and
employment programs.
Under this model, the main police role is to increase
feelings of community safety and area residents to
cooperate with their local police agencies. Advocates
of community policing regard the approach as useful in
juvenile justice for a number of reasons:
1.Direct engagement with a community gives police
more immediate information about problems unique to
a neighborhood and better insight into their
solutions.
2. Freeing officers from the emergency response system
permits them to engage more directly in proactive crime
prevention.
3. Making police operations more visible increases
police accountability to the public.
4. Decentralizing operations allows officers to develop
greater familiarity with the needs of various
constituencies in the community and to adapt procedures
to accommodate those needs.
5. Encouraging officers to view citizens as partners
improves relations between police and the public.
6. Moving decision making to patrol officer’s place
more authority in the hands of the people who best know
the community’s problems and expectations.

Problem-Oriented Policing
Also referred to as prob1em-solving policing, problem-
oriented policing involves a systematic analysis and
response to the problems or conditions underlying
criminal incidents rather than the incidents
themselves. The Theory is that by attending to the
underlying problems that cause criminal incidents, the
police will have a greater preventing the crimes from
reoccurring — the main problem with reactive or
“incident-driven policing.” This is not the same as
seeking out the root causes of the crime prob1em in
general, as noted by Harvard criminologist Mark Moore.
It is much shallower, more situational approach.

The systematic nature of problem-oriented Policing is

characterized by its adherence to a four-step model,
often referred to as S.A.R.A., which stands for
Scanning, Analysis, Response, and Assessment. These
four Steps are described as follows:
1. Scanning involves identifying a specific crime
problem through various data sources (for example,
victim surveys, 117 calls)
2. Analysis, involves carrying out an in-depth analysis
of the crime problem and its underlying causes.
3. Response brings together the police and other
partners to develop and implement a response to the
problem based on the results produced in the analysis
stage.
4. Assessment is the stage in which the response to the
problem is evaluated.

THE PARENTS

Parents shall include the guardian and the head of the institution or foster
home which has custody of child.

Parental Authority
The father and mother shall exercise jointly just and
reasonable parental authority and responsibility over
their legitimate or adopted children. In case of
disagreement, the decision shall prevail unless there
is a judicial order to the contrary.

In case of the absence or death of either parent, the

present or surviving parent shall continue to exercise
parenta1 authority over such children, unless in case
of the surviving parent’s remarriage, the court, for
justifiable reasons, appoints another person as
guardian.

In case of separation of his parents, no child under

five years of age shall be separated from his mother
unless the court finds compelling reasons to do so.
(Art. 17)
Grandparents shall be consulted on important family
questions but they shall not interfere in the exercise
of parental authority by the parents. (Art. 18)
Grandparents and in their default, the oldest brother
or sister who is at least eighteen years of age, or the
relative who has actual custody of the child, shall
exercise parental authority in case of absence or death
of both parents, unless a guardian has been appointed
in accordance with the succeeding provision. (Art. 19)

Duties of Parents
Parents shall have the following general duties toward
the child:
1. To give him affection, companionship understanding;
2. To extend to him the benefits of moral guidance,
self- discipline and religious instruction;
3. To supervise his activities, including his
recreation.
4. To inculcate in him the value of industry, thrift
self-reliance.
5. To stimulate his interest in civic affairs, teach
the duties of citizenship, and develop his commitment
to his country;
6. To advise him properly on an matter affecting his
development and well-being;
7. To always set a good example,
8. To provide him with adequate support;
9. To administer his property, if any, according to his
best interest. (Art. 46)
It is likewise stipulated that parents shall take
special care to prevent the child from becoming
addicted to intoxicating drinks, narcotic drugs,
smoking, gambling, and other vices or harmful
practices.
* Vice refers to a wrong, degrading or immoral habit or
practice accustomed to the child.

Liabilities of Parents
Parents and guardians are responsible for the damage or
torts (injury or wrong done to someone) caused by the
child und their parents) authority in accordance with
the Civil Code. (Art. 58)
Criminal liability shall attach to a parent who:
1. Conceals or abandons the child with intent to make
such child lose his civil status
2.Abandons the child under such circumstances as to
deprive him of the love, care and protection he
needs;
3.Sells or abandons the child to another person for
valuable consideration;
 4.Neglects the child by not giving him the education
which the family’s station in life and financial
conditions permit;
5.Fails or refuses, without justifiable grounds, to
enroll the child in any educational institution;
6.Causes, abates, or permits the truancy of the child
from the school where he is enrolled;

* Truancy means absence without cause for more than

twenty school days, not necessarily consecutive.
7. Improperly exploits the child by using him,
directly or indirectly, such as for purposes of begging
and other acts which are inimical to his interest and
welfare;
8. Inflicts cruel and unusual punishment upon the child
or deliberately subjects him to indignations and other
excessive chastisements that embarrass or humiliate
him;
9. Causes or encourages the child to lead an immoral or
dissolute life;
10. Permits the child to possess handle or carry a
deadly weapon, regardless of its ownership; and
11. Allows or requires the child to drive without a
license or with a license which the parent knows to
have been illegally procured. If the motor vehicle
driven by the child belongs to the parents it shall be
presume that he permitted or ordered the child to
drive.( Art. 59)

The acts mentioned in the preceding article shall be

punishable with imprisonment from two or six months or
a fine not exceeding five hundred pesos, or both. (Art.
60)
CHILD AND YOUTH WELFARE AND EDUCATION

The State shall see to it that no child is refused

admission in public schools. All parents are required
to enroll their children in schools to complete, at
least, an elementary education. (Art. 71)
All necessary assistance possible shall be given to
parents, especially indigent ones or those who need the
services of children at home, to enable the children to
acquire at least an elementary education. Such
assistance may be in the form of special school
programs which may not require continuous attendance in
school, or aid in the form of necessary school
supplies, school lunch, or whatever constitutes a bar
to a child’s attendance in school or access to
elementary education. (Art. 72)