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    15 views52 pages

    Bsc-3a Group Chapter 4 Juvenile Delinquency

    Uploaded by

    Segunto, Rafhael G.

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    © All Rights Reserved
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    ~ ALA ; THE NEW HOPE FOR JUVENILE DELINQUENTS Estrella, Clarince Garcia, Jessa Mae Fabrero, Marc Ethiene _—_Gatarin, Gilbert Macatangay Flores, Patrick Gonzales, Abigail Fortes, Djune King Labana, Rhealyn — Francisco, James Paul Lucero, Johnpaul THE NEW HOPE FOR JUVENILE DELINQUENTS =~ “The child must know that he is a miracle, that since the beginning of the world there hasn't been, and until the end of the world there will not be, another child like him.” - Pablo Casals A Glimpse on Republic Act No. This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. 9344 tw Why a new law on Juvenile Justice? Republic Act 9344 is the first juvenile law that protects the rights of children in conflict with the law (CICL). This provides them the opportunity and chance, thru alternative child-friendly measures, to be reformed and be reintegrated into their family and community as a productive member of society. Juveniles in conflict with the law are victims of circumstances beyond their control who should be treated as individuals with a problem who need help and need to be provided with appropriate assistance and services to ensure the full of their rights for survival, protection, development and participation. 7 eww The following State policies shall be observed at all times: A The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs (Phil. Constitution Art. 2, Sec. 13). The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. c The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development eww The following State policies shall be observed at all times: D Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration. E The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people. particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities. F The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law (Sec. 2, RA 9344). a Nee ae Principles in the Administration of Juvenile Justice and Welfare Rights of the Child in Conflict with the Law Every child in conflict with the law shall have the following rights, including but not limited to: A. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; B, The right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release; C. The right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort and which shall be for the shortest appropriate period of time; a Nee ae Principles in the Administration of Juvenile Justice and Welfare Rights of the Child in Conflict with the Law Every child in conflict with the law shall have the following rights, including but not limited to: D. The right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age in particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adults offenders. He or she shall be conveyed separately to or from court. He or she shall wait hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances: E. The right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the depravation of his/her liberty before a court or other competent, independent and impartial authority, and to prompt decision on such action; SS a Principles in the Administration of Juvenile Justice and Welfare Rights of the Child in Conflict with the Law Every child in conflict with the law shall have the following rights, including but not limited to: F. The right to bail and recognizance, in appropriate cases; G. The right to testify as a witness in his/her own behalf under the rule on examination of a child witness; H. The right to have his/her privacy respected fully at all stages of the proceedings; |. The right to diversion if he/she is qualified and voluntarily avails of the same; J. The right to be imposed a judgement in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice; SS al Principles in the Administration of Juvenile Justice and Welfare Rights of the Child in Conflict with the Law Every child in conflict with the law shall have the following rights, including but not limited to: K. The right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty: L. In general, the automatic suspension of penalty; M. The right to probation as an alternative to imprisonment, qualified under the Probation Law; if N. The right to be free from liability for perjury, concealment or misrepresentation; and O. Other rights as provided for under existing laws, rules, and regulations. Structures in the Administration of Juvenile Justice and Welfare Council (JJWC) JIWC is hereby created and attached to department of Justice and place under its administrative supervision. The JWC shall be chaired by an undersecretary of the DSWD. It shall ensure the effective implementation of this act and coordination among following agencies: G Council for the Welfare of Department of Interior and Local Children (CWC); Government (DILG); B Repartment af Eelucetian Public Attorney's Office( PAO); (DepEd); Structures in the Administration of Juvenile Justice and Welfare Council (JJWC) Philippine National Police ( Bureau of Correction (BUCOR); ao 5 . ‘Parole and Probation Bureau of Jail Management and Administration (PPA); Penology (BJMP); National Bureau of Investigation Gommissionjon uman Rigi (NBN); (Sn); Structures in the Administration of Juvenile Justice and Welfare Council (JJWC) Technical Education and Skills , er ‘ National Youth Commission kK Development Authority cry ( TESDA); 3 Other institutions focused on juvenile justice and intervention programs. The JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be designated by the concerned heads of the following departments or agencies: A Department of Department of B, Justice Social Welfare (00); and Development (oswo); E F Department of Local Interior and Local Government (DILa); Commission on Human Rights (CHR); e (cwo); D. Councilforthe Department of Welfare of Children Education (DepEd); G National Youth Commission (nye); H. Two (2) representatives from NGOS, one to be designated by the Secretary of Justice and the other to be designated by the Secretary of Social Welfare and Development (Sec. 8, RA 9344). IS Duties and Functions of the JJWC A. To oversee the implementation of this Act; B. To advice the President on all matters and policies relating to juvenile justice and welfare; C. To assist the concerned agencies in the review and redrafting of existing policies/regulation or in the formulation of new ones in the line with the provision of this Act; D. To periodically develop a comprehensive 3 to 5 year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organization; E, To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities that may have an important relating to juvenile justice and welfare shall be adopted in consolation with the JJWC; ea sO Duties and Functions of the JJWC F. To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law: G. To collect relevant information and conduct continuing research and support evaluation and studies on all matters relating to juvenile and welfare, such as but not limited to: H. Through duly designated person and with the assistance of the agencies provided in the preceding section, to conduct regular inspection in detention and rehabilitation facilities and to undertake spot inspection on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies; |. To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program; J. To submit an annual report to the President of the implementation of this Act; and K, To perform such other functions as may necessary to implement the provisions of this Act (Sec. 9, 9344) Se) Restorative Justice is the right way of resolving conflicts What is Restorative Justice? With the maximum involvement of the victim, offender and the community with the end goal of healing and resolution and reintegration of the offender into the society. Achild fifteen (15) years Of age or under the time of commission of the offence shall be exempt from criminal liability. However the child shall be subjected to earn to an intervention program pursuant to Section 20 of this Act (SEC.6). Achild above fifteen (15) years But below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceeding in accordance with this Act. Exemption from criminal liability herein established does not include exemption from ability, which shall be enforced in accordance with existing laws. Why raise the age of criminal from 9 to 15 years old? 15 years old is within the stage of adolescence the transition age which, is characterised by curiosity, try-outs, and identity crisis. This circumstances expose them to risky the delinquent behaviour. At this age children are not yet emotionally stable and their social judgement has not yet matured. This has been confirmed by existing studies on Arrested Development the level of Discernment of out of school children and youth conducted by the Philippine action for youth offenders (PAYO) And beyond innocence a study on the age of Discernment of Filipino children by the council for the welfare of children who are criminally exempt just go scot free? No. the children will undergo an intervention programme as agreed upon with the social worker or CICL and his/her family and the victim. The programme will include activities and services that will help the CICL in gaining insight into his behavior attitude and values and redirect counter productive behavior patterns and anti social attitudes into more productive and ones. The CICL and his/her Family will regularly report to the social worker and adhere to the agreed intervention program. What is intervention? Intervention refers to a series of activities designed to address issues that accuse the child to commit an offence. It may take individualized treatment program which includes counseling, skills training, education, and other activities that will enhance his/ her psychological, emotional and psycho- social will -being . The intervention program involves the case management process to include assessment planning implementation monitoring and evaluation this will ensure careful and in - depth study of the case to ensure its proper handling and the prevention of appropriate program and services. _f eww Where will victims or parties aggrieved by children in conflict with the law seek justice? There are laws that protect the rights of victims which include among others are the following: ‘A. Republic Act 7016 special protection of children against abuse exploitation and discrimination act. B. Republic Act 9208 in persons act of 2003 C. Republic Act 9262 anti violence against women under Children Act of 2004, D. Republic Act 9231 and up providing the elimination of the worlds from of children labour and affording stronger protection for the working child amending for this purpose are 16 as amended E, Republic Act 658 an app prohibiting the employment of children below with the nearest of age in public and private undertakings amending for the this purpose section 12 Article 8 R.A 716 and F. Executive order number to 75 creating a this special oversight committee for the special protection of children from all forms of neglect abuse cruelty exploitation discrimination and order condition prejudicial to their development. TNA What happens to CICL who commit heinous crimes such as rape or murder? 1. For those who are 15 years old and below and those above 15 years old but below 18 who acted without discernment: 1.1 They will undergo an intervention program. 2. For those above 15 years old and who acted with Discernment. 2.1, If the offence committed has an impossible penalty of more than six years of imprisonment (as in cases of rape or murder) the law provides the child shall undergo court proceedings . when brought to court the child may be placed under suspended sentence and the subjected to rehabilition programs. In no instance shall the CICL be put in jail. 2.2. The child can also avail of the diversion program of qualified. Duty of the law enforcement officer when there is a no diversion if the child his /her parents or Cc guardian does not consent to a diversion the woman and children protection Desk of the PNP or

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