You are on page 1of 17

JUVENILE DELINQUENCY it is punishable only by a small fine or

short-term imprisonment or both.

 A child or a young person, who under Juvenile Delinquency


the legal system may be dealt with for
an offense in a manner different from  It is used to describe a large number of
adult. disapproved behaviors of children or
youths. In this sense, anything that the
A Child vout docs which other do not is called
B Juvenile - answer as juvenile delinquency.
C Delinquency  It refers to any action or conduct of
D Juvenile delinquency children or youth that are not
conventional or not normally accepted
by the people.
Juvenile  It refers to any misbehavior or deviant
behavior committed by children such
 A child or a young person, who under as those minor offenses or
the legal system may be dealt with for misdemeanors, or those acts defined
an offense in a manner different from by juvenile codes or laws.
adult.  Children's offenses typically include
 Refers to young people regarded as delinquent acts which would be
immature or one whose mental as well considered as an offense if committed
as emotional faculties are not full by adults.
developed, thus, making them  FIRST RECOGNIZED WHEN IT WAS
incapable of taking full responsibility of INTRODUCED BY THE NY
their actions. COMMITTEE ON PAUPERISM IN
 A person who is subject to juvenile 1818
court proceeding because a statutorily
define event or condition caused b 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 What is the Child's Basic Right?
court.
 Right to life
 His or her own name and identity,
Delinquency  To be raised by his or her parents
within a family or cultural grouping and
 Failure to perform an act required by have a relationship with both parents,
law, or the non-performance of duty or even if they are separate
obligation that is mandated by existing  The child must be given the means
law or rule. requisite for its normal development,
 Refers to any action; course of both materially and spiritually.
conduct that deviate from acts  The child that is hungry must be fed;
approved by the majority of people. the child that is sick must be nursed;
 It is the description of acts that do not the child that is backward must be
conform to the accepted rules, norms helped; the delinquent child must be
and customs of the society. reclaimed; and the orphan and the waif
 It refers to any misconduct or must be sheltered and scoured.
misbehavior that is tantamount to a  The child must be the first to receive
felony or an offense. relief in times of distress.
 It is distinct from crime in the sense  The child must be put in a position to
that the former may be in the form of earn a livelihood and must be
violation of law, ordinance, or rule but protected against every form of
exploitation.
 The child must be brought up in  A child, minor, or youth, including one
consciousness that his/her talents who is emancipated in accordance
must be devoted to the service of with law, who is over nine years but
his/her fellowmen. under eighteen years of age at the
time of commission of the offense
 Mean free from parental authority over
THE 54 ARTICLES OF THE CONVENTION persons and property of the
DETAIL FOUR BROAD emancipated child. Emancipation
takes place by the attainment of age of
a. Survival rights cover a child's right to life majority. Unless otherwise provided,
and the needs that are most basic to majority commences at the age of
existence. It starts from the time of the eighteen years (RA 6809 which is an
conception Upon birth, every child should "act lowering the age of majority from
enjoin the basic right to health and nutrition. twenty-one to eighteen years
amending for the purpose of executive
b. Development rights include what children order number 209.
require to reach their fullest potential. It
encompasses freedom of thought,
conscience and religion, access to JUVENILE JUSTICE SYSTEM
appropriate information and the right to
education, leisure, recreation and cultural  application of criminal justice to minors
activities. and youthful offenders through the
cooperation of the criminal justice
c. Protection rights recognizes the system.
vulnerability of children by preserving their  Philippines -applies to person below
identity and nationality as well as providing 18 years of age.
safeguards against abuse, neglect, child
labor, drug abuse, sexual exploitation, sale • Parents Patriae
and trafficking, torture and deprivation of
liberty and armed conflict.  Principle which claimed the State
becomes the father.
d. Participation rights allow children to take  later became central to development of
an active role in their communities and juvenile court in America.
nations.  Derived from- Chancery or equity
courts - Created by the king of
Terms to ponder. England, under the guidance of King's
• Minors chancellor.
 The king exercise the right of parens
 1. Depending on state laws, persons patria (parents of the country) by
who fall under the statutory age limit of enabling these courts to act in loco
17 or 18. parentis (in the place of parents) to
 2. In law, the term minor (also infant or provide necessary services for the
infancy) is used to refer to a person benefit of women and children.
who is under the age in which one
legally assumes adulthood and is Nuclear family
legally granted rights afforded to adults
in society.  Composed of a father, mother and a
 3. Depending on the jurisdiction and child or children
application, this age may vary, but is
usually marked at either 18 or 21.
Specifically, the status of "minor" is Extended family
defined by the age of majority.
 Composed of members other than the
• Youthful offender father, mother, and children, e.g., in-
laws, relatives, household helps,
employees, etc. Q. Johnny who is 17 years old and Susan,
who is 15 years old, are siblings who have no
proper parental care or guardianship because
Q. What happens to the civil liability incurred their parents have deserted them for a period
by a CICL? for six continuous months. They are classified
as?
 The civil liability for acts committed by A. neglected child
a youthful offender shall develop upon B. dependent child
the offender's father and, in case of his C. Abandoned child- answer
death or incapacity, upon the mother,
or in case of her death or incapacity, Q. Refers to a child who is vulnerable to of
upon the guardian. Civil liability may committing criminal offenses because
also be may be voluntarily assumed by of personal, family, and social circumstances.
a relative or family friend of the A. Child
youthful offender. B. Child at risk- answer
C. Filipino child
D. Abandoned child
Parental Authority
"Child" refers to a person under the age of
 Is the sum total of the rights of the eighteen (18) years.
parents over the person and property
of their unemancipated child, the "Child at Risk" refers to a child who is
exercise of which has no distinction vulnerable to and at the risk of committing
between a legitimate and an criminal offenses because of personal, family
illegitimate child. and social circumstances, such as, but not
limited to, the following: n (1) being abused
Parental Responsibility by any person through sexual, physical, so
psychological, mental, economic or any other
 Is the mass obligation, which the means and the parents or guardian refuse,
parents have over the person and are unwilling, or unable to provide protection
property of their unemancipated child. for the child;
Parental authority shall be exercised (2) being exploited including sexually or
jointly by the parents of the child. In economically;
the case of disagreement, the father's (3) being abandoned or neglected, and after
decision shall prevail unless there is a diligent search and inquiry, the parent or
judicial order to the contrary. guardian cannot be found;
 Parental authority and responsibility (4) coming from a dysfunctional or broken
may not be renounced or transferred family or without a parent or guardian;
except on the following cases: (5) being out of school;
(6) being a street child;
1. guardianship (7) being a member of a gang;
2. legal adoption (8) living in a community with a high level of
3. final order or judgment of a competent criminality or drug abuse; and
court (9) living in situations of armed conflict.
4.substitute parental authority
5. separation of parents Filipino Child (PD 603)
6. death, absence or unsuitability of the
parents  A minor or youth; any person below 18
7. entrusting of disadvantage child to heads years old, a boy or girl at any age
of children's homes, orphanages and similar between infancy and adolescence;
institutions however, the law includes infants and
8. surrender of the child by its parents done in even unborn children.
writing to any public institution or any
benevolent or charitable institutions.
 A person who is 18 years old or those drugs, alcohol, gambling, prostitution
over but unable to fully take care of and other vices.
themselves from abuse, neglect,
cruelty, exploitation, or discrimination
because of physical or mental Q. What do you call a child who, although not
disability. afflicted with insanity or mental defect, is
unable to maintain normal social relation with
others and the community in general, due to
Abandoned Child emotional problems or complexes?
A. Disable child
 A person who has no proper parental B. Mentally ill child
care or guardianship, or whose C. Mentally retarded child
parents or guardian has deserted him D. Emotionally disturbed child- answer
for a period for at least six continuous E. Physically handicapped person
months.
 themselves from abuse, neglect, Disabled Child- It includes mentally
cruelty, exploitation, or discrimination retarded, physically handicapped, emotionally
because of physical or mental disturbed and mentally ill children, children
disability. with cerebral palsy and those inflicted with
similar afflictions.

Q. A person without a parent, guardian or A person who is:


custodian, or whose parents, guardian
custodian, for good cause desires to be  Socially incompetent, that is, socially
relieved of his cares and custody, and is inadequate, occupationally
dependent upon the public for support. incompetent and unable to manage his
A. neglected child own affairs.
B. dependent child- answer  Mentally subnormal
C. abandoned child  Intellectually retarded from birth or
D. juvenile delinquent child early age
 Retarded at maturity
Dependent child  Mentally deficient as a result of
constitutional origin through heredity or
 A person without a parent, guardian diseases
 Essentially incurable
or custodian, or whose parents,
guardian or custodian, for good cause desires Physically Handicapped Person
to be relieved of his cares and custody, and is
dependent upon the public for support.  A person who is crippled, def-mute, or
Neglected child otherwise, suffers from a defect which
restricts his means of action or
 A person whose basic needs have communication with others.
been deliberately unattended to or
inadequately attended to physically or
emotionally, by his parents or Q. A person whose parents' knowingly and
guardians. willingly relinquished parental authority to the
department or any duly licensed child-
Emotional Neglect placement or child caring agency individual.
A. Guardian Ad Litem
 It occurs when a child is raped, B. Child-Caring agency
seduced, maltreated, exploited, C. Voluntary Committed Child- Answer
overworked or made to work under D. Involuntary committed Child
streets or public places, or when E. Commitment or surrender of a child
placed in moral danger, or exposed to F. Child-placing or child-placement Agency
Guardian Ad Litem  It refers to a mental capacity to
A person appointed by the court where the understand the difference between e
case is pending for a child sought to be right and wrong and its consequences.
committed to protect his

Child-Caring agency
It refers to a private non-profit institution or  Discernment is preliminarily
government agency duly licensed and determined by a social worker and il
accredited by the Department that finally by the court in the case of a with
provides twenty-four hour residential care child charged with a non-serious
services for abandoned, neglected, offense. In all other cases,
involuntarily orphaned, or voluntarily discernment is determined by the
committed children. court.

VOLUNTARY COMMITTED CHILD


Age conditional Criminal Responsibility
 A person whose parents' knowingiy
and willingly relinquished parental  It is the age when a child who is
authority to the department or any duly
licensed child-placement or child but below above fifteen (15) but below
caring agency or individual. eighteen (18) years of age commits an
offense with discernment.
CHILD- PLACING OR CHILD-PLACEMENT
AGENCY Q-Who among the following is criminally
liable when commits a crime?
 It refers to a private non-profit A. Jun who is 17 years of age who acted with
institution or government agency duly discernment.- answer
licensed and accredited by the B. Johnny who is below 18 years of age who
Department to provide comprehensive acted without discernment.
child welfare services, including but C. Jeffry who is 17 years of age who acted
not limited to receiving application for under the impulse of irresistible force.
adoption or foster care, evaluating the D. Jimmy, drives a motor vehicle and
prospective adoptive or foster parents accidentally bump a person and died as a
and preparing the home study report. result.

Q- A principle that requires a process of


Commitment or surrender of a child resolving conflicts with the maximum
involvement of the victim, the offender and
 It is the legal act of entrusting o child to the community.
the A. fair justice
B. retributive justice
care of the Department or any duly licensed C. restorative justice- answer
child placement or child caring agency or D. distributive justice
individual by the court, parent or guardian.
Restorative Justice

Q- It refers to a mental capacity  It is the principle that requires a


to understand the difference between right process of resolving conflicts with the
and wrong and its consequences. maximum involvement of the victim,
A. initiative the offender and the community.
B. inference
C. discretion
D. discernment- answer Youth Detention Center

Discernment
 It refers to the government-owned or imprisonment, the local social welfare and
operated agency providing development officer shall meet with the child
rehabilitative facilities where the child and his/her parents or guardians for the
in conflict with the law may be development of the appropriate diversion and
physically restricted pending court rehabilitation program, in coordination with
disposition of the charged against him. the BCPC;
(c) Where the imposable penalty for the crime
committed exceeds six
BEST INTEREST OF THE CHILD (6) years imprisonment, diversion measures
may be resorted to only by the court.
 Refers to the totality of the
circumstances and conditions which Q. - These are certain acts or omission which
are most congenial to the survival, may not be punishable if committed by adults
protection and feelings of security of but become illegal only because the person is
the child and most encouraging to the under age and the act was committed by
child's physical, psychological and children, minors, juveniles, youthful offenders
emotional development. It also means or other person in need of supervision or
the least detrimental available assistance.
alternative for safeguarding the growth A.overt acts
and development of the child. B. coverts acts
C. delinquency
D. status offense- answer
Child in Conflict with the Law
Status offense
 It refers to a child who is alleged as,
accused of, or adjudged as, having  These are certain acts or omission
committed of an offense under which may not be punishable if
Philippine laws. committed by adults but become illegal
only because the person is under age
and the act was committed by children,
DIVERSION- Refers to an alternative, child- minors, juveniles, youthful offenders or
appropriate process of determining the other person in need of supervision or
responsibility and treatment of a child in assistance.
conflict with the law on the basis of his/her
social, cultural, economic, psychological or
educational background without resorting to Examples:
formal court.
 Sexual misconduct or immoral conduct
What is the system of Diversion?  Use of profane language
(a) Where the imposable penalty for the crime  Running away from home
committee is not more than six (6) years  Disobedience to parents or school
imprisonment, the law enforcement officer or officials
Punong Barangay with the assistance of the
local social welfare and development officer
or other members of the LCPC shall conduct Q- A person who within a period of ten (10)
mediation, family conferencing and years from the date of his release or last
conciliation and, where appropriate, adopt conviction of the crime of serious or less
indigenous modes of conflict resolution in serious physical injuries, robbery, theft,
accordance with the best interest of the child estafa, or falsification, has been found guilty
with a view to accomplishing the objectives of of any said crimes a third time or oftener.
restorative justice and the formulation of a A. Recidivist
diversion program. The child and his/her B. Reiteration
family shall be present in these activities. C. Quasi-recidivist
(b) In victimless crimes where the imposable D. Habitual delinquent- answer
penalty is not more than six (6) years
 Recidivist  Etiology of delinquency is the study of
 One who, at the time of his trial for one causes of delinquency. Why do crime
crime, shall have been previously and delinquency occur in our society?
convicted by final judgment of another What are the roots of this social
crime embraced in the same title of problem? This topic focuses on the
this Code. Recidivism involves at least various explanation and theories of
two convictions, and hence, it is a form crime and juvenile delinquency.
of plurality of crimes like reiteration,  If we attempt to study the root and
habitual delinquency and quasi- causes of delinquency we must to deal
recidivism. The first conviction must be with theories. The following are the
by final judgment and must take place early general theories on the causes of
prior to the second conviction. (People delinquency:
v. Baldera, 86 Phil. 189) The number
of years intervening between the
convictions is immaterial. Recidivism is Q-The theory which assert that persons
likewise considered even if the should be held responsible for their actions
offender has been given absolute when they do evil things because their body
pardon for the first conviction, since is possessed by evil spirits.
pardon merely extinguishes the A. classical theory
penalty (US v. Sotelo, 28 Phil, 147) but B. positivist theory
not in the case of amnesty as such C. neo-classical theory
extinguishes all the effects in law of D. Demonological Theory- answer
the crime committed. (US v. Francisco,
10 Phil. 185)
• Demonological Theory
• It is based on the belief of early primitive
• Habitual delinquent people that every object and person is guided
by a spirit
 A person who within a period of ten • This theory promoted the notion that
(10) years from the date of his release persons should be held responsible for their
or last conviction of the crime of actions when they do evil things because
serious or less serious physical their body is possessed by evil spirits.
injuries, robbery, theft, estafa, or
falsification, has been found guilty of • Classical Theory
any said crimes a third time or oftener. This is advocated by Cesare Becaria and
(Art. 62, Par. 5) Jeremy Bentham.

 It promoted the idea that people


 Quasi-recidivism choose criminality the same way when
 Arises when the offender shall commit they choose conformity; the youth
a felony after having been convicted commit crime because they think or
by final judgment, before beginning to imagine greater things can be earned
serve the sentence, or while serving through conformity. This is because
the same, he shall be punished by the people by nature are hedonistic.
maximum period of the penalty  Hedonism is the doctrine which states
prescribed by law for the new felony that people seek pleasure and avoid
besides being penalized as a habitual pain.
delinquent, applicable. (Art. 160)  Considering that youths are rational
and conscious| choose to commit
delinquency, they shoul therefore be
punished.
 THE EARLY GENERAL THEORIES
ON THE CAUSES OF
DELINQUENCY
Q- Based from the classical theory, A. Cesare Lombroso, Enrico Ferri, Rafael
punishment is given to wrongdoers to strike Garofalo- answer
fear in their hearts thus making them to less B. Cesare Becaria, Enrico Ferri, Rafael
likely to offend others again. Garofalo
A. Specific deterrence- answer C. Cesare Lombroso, Enrico Ferry, Rafael
B. General deterrence Garofalo
C. Incapacitation D. Cesare Lombroso, Enrico Ferri, Esmael
D. Retribution Garofalo

*Classical Theory Positivist or Italian School

 The following are the reasons why  It was advocated by the Hely three of
delinquent persons must be punished: Criminology, in the person of
 Cesare Lombroso- Father of empirical
General Deterrence criminology
 Enrico Feni
 Punishment of delinquents and  Rafael Garofalo
criminal offenders will strike fear in the
hearts of other people, thus making
them less likely to commit acts of
delinquency or crimes.
 The school that denied individual
• Specific Deterrence responsibility and reflected no-punitive
reactions to crime and criminality, it
 Punishment will strike fear in the adheres that crimes, as any other acts
hearts of wrongdoers thus making are natural phenomenon.
them to less likely to offend others  Criminals are considered sick
again. individuals who need to be treated by
treatment programs rather than
Incapacitation punitive actions against them.
 It promoted the idea of determinism as
 The simplest form of justification; a way of explaining crime and
wrongdoers should be lock-up in lail delinquency. These means that every
since while they are imprisoned in an act has a cause that is waiting to be
institution, they cannot commit offense discovered in the real world.
against another people.  The theory believes that the causes of
juvenile delinquency could be
Retribution identified thru the application of the
scientific method and once causes
 Criminals should be punished because were discovered, the individual
they deserve it; a punishment is offender could be treated or
morally right and just in light of the rehabilitated much as medical doctors
harm and damage caused by the treat the causes of human illness.
offense.

• Neo-Classical Theory Sara method


Scanning
 The theory that contends that children Analysis
and lunatics cannot calculate pain and Response
pleasure, therefore, they must exempt • Critical Theory
from incurring criminal liability
 This theory views juvenile delinquency
as a by product of existing social
Q-They are considered as the holy three of arrangements. The concept of power,
criminology- influence, inequality, and the conflict
guide this theory in exploring and monkey like ears, receding chin and
clarifying the nature of juvenile others.
delinquency.  Criminals are classified as epileptic,
 This theory blames the causes of insane and inborn.
juvenile delinquency on the imbalance  However, Lombroso was criticized for
of power within the human society. his theory because he based only on
his findings conducted studies on from
examining criminals. He did not (non-
Q-These are groups of theories which crimmat offenders characters.
claimed that physical appearance reveals the Therefore, there is no valid
characters in a manner that criminals have comparison as to the difference
distinctive criminal physical characteristics between the physical characteristics of
that makes them identifiable as delinquents criminals and none criminals.
or criminal offenders.  GENERAL INFERIORITY THEORY
A. Biological theories- answer  It was advocated by Ernest Hoston, a
B. Sociological theories Harvard anthropologist.
C. Early general theories  he argued that criminals are inferior to
D. Psychological theories civillans in nearly all o their bodily
measurements.
BIOLOGICAL THEORIES  He likewise stated that low foreheads
indicated inferiority.
 These are groups of theories which  He further stated that crime exist
claimed that physical appearance because there are some inferior
reveals the characters in a manner people who are responsible for them.
that criminals have distinctive criminal Some of the descriptions of inferior
physical characteristics that makes people who are potential criminals
them identifiable as delinquents or includes the following;
criminal offenders.  Sneaky, little, constitutional inferiors -
 Biological theories promoted the notion thieves
that people's behavior bears some  With narrow, hard-bitten, tough and
relationship to their biological not notably undersized
constitution. Recently, a biological  Men with low mediocre body builds are
theory which emphasizes biological people who tend to break the law
variations within the normal range has without preference
begun to include the interplay of  He proposed that criminals should be
biological, social and psychological permanently exiled to self-governing
variables in crime and delinquency. reservation, isolated from the society
sterilized to prevent future offspring's.
LOMBROSIAN THEORY

 It was introduced by Cesare Lombroso • O- Based from the sematetyping theery


in 1876, the father of modern these are classification of people who usually
Criminology. use fraud in the commissien of
 He believed that certain physical crime.
features identified the convict in prison Ectomerph
as a "born criminal" The born criminal Endomorph- answer
is an "atavism which simply means Mesomorsh
that he has physical make-up, mental Romonotic
capabilities, and instinct of primitive
man.
 He maintained that a born criminal • SOMATOTYPING THEORY
could be identified by the possession
of certain visible stigmata such as  It was advocated by William Sheldon
asymmetry of the face, or head, large whose ideas were concentrated on the
"Survival of the Fittest" as a behavioral chromosome, so goes the hypothesis
science. turns these criminals into super males.
 He believed that inheritance was the
primary determinants of one's behavior
and the body physique was a reliable PSYCHOLOGICAL THEORIES
indicator of personality.
 He classified people in three ways as  The psychoanalytical theory shares
follows: with biological theory the search for
the causes in biological processes for
E -Endomorphs (viscerotonic)- (heavy built anomalies it attempts to look into the
body, manifest the probability of such person mind of the реорle.
to commit a crime and fraud cases are most  The treatment and policy implications
often committed. of psychoanalytical theory are directed
M -Mesomorphs (romonotic) - athletic body and obvious Criminal and delinquent
built, manifest extroverted personality, which offenders should be treated not as evil
commonly committed physical injury. but as sick persons who are basically
E -Ectomorphs ( cerebrotonic) - tall and thin, responsible for their actions in any
manifest introvert personality that most often rational or controllable sense.
committing petty crimes. Therefore, punishment of offenders will
be ineffective and only provoke more
guilt and unhealthy psychological
Mesomorphy-Delinquency Relationship reactions.
 The theory contends that Delinquents
 Delinquency exists because there are and criminals need treatment for
mesomorphic men or youth that are underlying emotional disturbances.
responsible for its occurrence. Cure that problem, and the problem of
crime will be remedied.

Ernst Kretschmer (1888 -1964)


• According to Sigmund Freud, the father of
 German psychiatrist. psychoanalysis, it t is the part of human
 In his best-known work, Physique and psyche that is fueled by the pleasure
Character (1921), he attempted to pleasure principle " want what I want when I
correlate body build and physical want is also it" and at the same time it is also
constitution with temperament and considered as the irrational part of the mind.
mental illness, identifying three
physical types - the pyknic (rotund),  ID ANG SAGOT
the athletic (muscular), and the
asthenic (tall and thin) - and claiming
that different psychiatric disorders O. Based from the psychoanalytical theory it
were associated with each of them. is the rational and conscious part of human
psyche
Id
GENETICS THEORY Ego- answer
Superego
 This theory states that people who Hypothalamus
have abnormal genetic structure or
chromosomal activities commit crimes FREUDIAN PSYCHOANALYTICAL THEORY
and delinquency.
 The theory explains that the behavior  It focuses on abnormalities and
of violent male criminals is the disturbances in the individual's
proposal of a chromosomal emotional development from the early
abnormality in which such males have childhood.
an XYY, instead of XY, male  Crime according to Freud, crime is a
chromosomal pattern. The extra symbolic expression of inner tension
that each person has but fails to  There are four reasons why
control. It is an expression of having sociological theories are distinct and
learned self-control improperly. prominent explanation of crime and
 He believes that people develop in a delinquency than the biological and
series of stages. When abnormalities psychological theories:
occur, the person is more likely to
experience conflict. Conflict arises
from the person's basic drive and
social controls. Because conflict is 1. The new sociological theories blame
painful to confront, people tends to delinquency on social and
push into their unconscious mind, thus, environmental circumstances.
experience that produce conflict. 2. Social institution was believed to be
Finally, people defense mechanisms to plaque by disintegration and
handle personal conflicts. disorganization.
3. Some observers assumed that
disintegration and disorganization
THEORIES OF DELINQUENCY made individuals more likely to engage
in delinquency.
FRUSTRATION-AGGRESSION THEORY 4. The prevailing opinion was that the
lower class was responsible for the
 People who are frustrated will act majority of delinquency.
aggressively, and people who engage
in aggression are frustrated first.
 Aggression GANG THEORY
 A behavior whose goal is to inflict
damage or injury on some object or  Advocated by Frederick Thrasher
person and it may be  A gang is a band of people going
 Overt about together or working especially
for
Physical or verbal
some criminal
 Covert purposes.

Unobservable like wishing someone to die  Delinquency develop through the


following:
 Frustration  Gangs originated as playgroups
 Playgroups are transformed into gangs
A behavior directed at anticipated goals or  Competition to turf leads to gang
expectations or a person must have conflict
expecting the attainment of a goal or  Delinquent gangs may have complex
achievement in order to be frustrated It social structure as any other social
develops when a person experiences the group.
blocking of some goal. It involves hopes and
unfulfilled expectations; it is not a feeling or
emotion but a failure of objectives or goals.
DIFFERENTIAL ASSOCIATION THEORY
 It may lead to anger, which makes
aggression more likely to happen, and  Advocated by Edwin Sutherland.
when aggression is induced by violent  Theorized that criminal behavior is
anger, the person who is provoked learned though social interactions.
may either use words or weapons

• SOCIOLOGICAL THEORIES Nine Propositions of Differential Association


Theory
was a product of major societal
transformation brought by:
 Sutherland's theory doesn't account for  Occurrence of rapid social change
why an individual becomes a criminal
but how it happens. He summarized procedure by industrialization, urbanization
the principles of differential association and immigration.
theory with nine propositions:
 All criminal behavide is learned.  A rapid social change produces
 Criminal behavior is learned through dilapidated area. - magkakaiba na ang
interactions with others via a process pinapaniwalaan ng matanda at bata
of communication.  Social disorganization allows culture
 Most learning about criminal behavior conflict to arise.
happens in and relationships.  Cultural conflict allows crime and
 The process of learning criminal delinquency to flourish.
behavior may include learning ab beat  Delinquent behaviors result allowed to
technignes to carry out the behavior as flourish delinquency become a full time
well as the motives and job or carrier.
rationalizations that would justify
criminal activity and the attitudes
necessary to orient an individual SOCIAL-PSYCHOLOGICAL APPROACH
towards such activity.
 The direction of motives and drives  It emphasizes the cause of
towards criminal behavior is learned delinquency by imitation.
through the interpretation of legal  Imitation refers to the engagement in
codes in one's geographical area as behavior after the observation of
favorable or unfavorable. similar behavior in others.
 When the number of favorable
interpretations that support violating
the law outweigh the unfavorable WALTERS B. MILLER'S THEORY
interpretations that don't, an individual
will choose to become a criminal.  He examined lower class areas in
 All differential associations aren't Boston and came to different
equal. They can vary in frequency, conclusions.
intensity, priority, and duration.  In a nutshell, he saw a society
 The process of learning criminal composed of groups, which, while
behaviors through interactions with sharing some values, had otherwise,
others relies on the same mechanisms differing lifestyles and norms. The
that are used in learning about any lower class was simply a separate
other behavior. culture whose expectations and values
 Criminal behavior could be an were different from those of the middle
expression of generalized needs and class.
values, but they don't explain the  He came to see delinquency as an
behavior because non-criminal expression of culture present in slam
behavior expresses the same needs neighborhoods.
and values.  His theory of delinquency can be
summed up as follows:
 Lower class communities are female
• ECOLOGICAL THEORY dominated that promotes the focal
concern.
 Advocated by Clifford Shaw and Henry  juveniles are encouraged to associate
McKay. with street corner gangs to validate
 They believed that criminal masculine identity.
delinquency could be understood only  New members of gang achieved status
by considering the social context in by adhering to the behavior consist
which youth lived - context that itself with focal concern.
those norms could no longer control
The lower class-culture revolved around six the activity and societal members.
focal concerns as follows: Without clear rules to guide them,
individuals cannot find their place in
Trouble society and have difficulty adjusting to
the changing conditions of life. This in
 Some members of the lower class turn leads to dissatisfaction, frustration
claim that they want to avoid trouble deviance and conflict.
with law, but they covertly seek it.
Members of criminal and delinquent
gang seek trouble overtly.

Toughness
1. The individual continuous to accepts
 Includes physical strengths, the value of both the goals and the
masculinity, sentimentality and bravery means, the form of behavior exhibited
will be conforming.
Smartness 2. If an individual accept the goals, but
reject the means to achieve them. the
 Refers to the ability to outfox people form of behavior will be deviant and
on the street corner and learn to take innovative.
advantage of the weaknesses of one's 3. If an individual sees the goals as
opponents. unattainable (rejects them), but accept
the means, the form of behavior is
Excitements ritualistic.
4. If an individual rejects both and
 Involves a search for thrills, danger means, the form of behavior will be
risk, prompted in part by long period of deviant and retreatist.
boredom and routine that lower class 5. If both goals and means are rejected,
people experiences and then substituted for, the form of
behavior will be deviant and rebelling.
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

Autonomy

 Independent and believe in common EMIL DURKHEIM'S ANOMIE THEORY


expression of "nobody tells me what to
do  Not simply as normlessness but as the
more or less complete collapse of
societal solidarity itself.
STRAIN THEORY  He framed the early development of
Consensus theory.
 Advocated by Robert Merton.  He stated that the order of social life
 It emphasizes the predominance of does not derive from individuals but
crime and delinquency among the from the society because the individual
lower class and majority populations, is not sufficient unto himself, it is the
the most deprived of legitimate society that he receives anything
opportunities. necessary to him.
 Anomie refers to the breakdown of  He maintained that crime is an
social norms and a condition where important ingredient of all healthy
societies because crime makes people in the form of delinquency, and
more aware of their common interest eventually, crime.
and help to define appropriate, moral
or lawful behavior.

 Three kinds of Delinquent subcultures


according to Cloward and Ohlin:
 He believed that crime is normal and  Criminal Subculture
functional  It develops in a stable, lower class
 Crime is Normal neighborhood
 Adult role medels
Crime is nothing more than a consequence of  Integration of all levels, so younger
the creation and application of norms. It is people learn from older people how to
because some behavior is wrong that other commit offenses and how to handle
behavior is right. That is the reason why themselves when they get caught.
crime is said to be normal.  Cooperation between offenders and
supposedly legitimate people in the
Crime is Functional community.
 Control of delinquents by adults
 Because it is the basis for social criminals
change. Crime often points out to the
social group, those elements, Conflict
processes, or arrangements that may
need to be changed.  This type arises in disorganized slums,
where many people move in and out
and social and cultural rootlessness
The main characteristics of delinquents and conflict occur.
according to Cohen:
Retreatist
 Malicious Behavior
 Some youngsters are eager to
Delinquent boys get their jerk from tormenting succeed in the criminal or the conflict
no-delinquent children. subculture, but do not meet the
standards. Nor do they live up to the
 Negativistic requirements of the conventional
culture. They are double failures; they
That is, they think their behavior is right find it impossible to make a name for
precisely because it is wrong to the norms or them if any line of activity they attempt.
rules of a larger culture. Eventually they give up and retreat to
drugs.

 DELINQUENCY AND OPPORTUNITY IVAN NYE'S THEORY/SOCIAL CONTROL


THEORY THEORY
 Advocated by Richard Cloward and
Lloyd Ohlin.  He believes that delinquency is
 Delinquency is a result of great natural, conformity, on the other hand,
disparity between what youths are is not all natural, it must be explicitly
taught to want and what is actually taught and encouraged, usually by
available to them. parents.
 Youths who join a delinquent  He focuses on the family. He noted
subculture want to achieve success, that in the early years, children have
nut since their legitimate means are no concept of right or wrong and
blocked; they turn to illegitimate means therefore break rules quite often.
 He believes that delinquency depends  It is a more rational quality, referring to
primarily on family attitudes and the degree of one's investment in
feelings, not family structure. conventional activities. It represents
 He also agreed that youths who have the investment of one has already built
great amount of freedom are more up in conventional society
able to engage in delinquency. Those
who have little freedom are so Involvement
frustrated that they may also commit
more delinquency.  Refers to the time spent in
 Three types of social control: conventional activities, if these occupy
a youngsters entire day, delinquent
Internal incidents cannot take place. Suggest
that youths are so involved in
 A child's Conscience develops as he conventional behavior that they don't
grows older. have time for delinquent behavior.
 Direct
Belief
It is what most people think of when they hear
the word control. It includes the prevention,  People who think it is wrong to violate
supervision, sanctions and rewards by a particular law will probably not
external agents - Parents, teachers, police violate it. It constitutes the
and others. acknowledgement of society's rules as
being fair. That is, one has a respect
 Indirect control for those rules and norms and feels a
moral obligation to obey them.
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 Social control theory was developed by
loved parent or other authority figure and so Travis Hirschi in 1969. It is also known as the
conforms to the rules of the society. Social Bond Theory.
Hirschi refers to four elements which
SOCIAL BONDING THEORY/TRAVIS constitute the societal bond. These bonds
HIRCHIS THEORY include:

 Travis presented the most recent and  Attachment - to other individuals


most popular version of focial control  Commitment - to following rules
theory. He synthesized and elaborated  Involvement - by typical social
on the work of other social contro behaviors
theories, provided a clearer picture of  Belief -- a basic value system
what was meant by social bond.  When one of these four items break
 He mentioned four ties of society as down, Hirschi hypothesizes that an
follows individual may then participate criminal
 Attachment activities
 It is emotional element.
 Refers to the extent that a person NEUTRALIZATION THEORY
cares about other people via norms
and conscience. The strength of the  It was advocated by Gresham Sykes
attachments or ties one has significant and David Matza.
to other or to institutions can inhibit  " Matza proposed that one's becomes
deviance free from delinquent acts through the
use of techniques of neutralization.

Commitment
Denial of Responsibility
 Juveniles may deny being responsible  It treats such labels as both as
for the illegal act. dependent variable (effect) and an
independent variable (cause)
Denial of injury  It contends label as dependent
variable when attempts to explain why
 Delinquents believed that even though certain behavior is socially defined as
what they have done was illegal, it was wrong and certain persons are
not immoral. Therefore, no one was selected for stigmatization and
really hurt by the act anyway. criminalization.
 It contends labels the independent
Denial of victim variable when it hypothesizes that
discrediting labels cause continuation
 Juveniles may deny the seriousness of of the criminal or delinquent behavior.
the action by claiming that what they  It states that social control leads to
did was right under the circumstances. deviance.

Condemnation of the condemners

 Youths may shift from their own illegal


behavior to the behavior of others.  Three elements of labeling process:

Appeal to higher authority Stereotyping- A quick mental classification of


individuals or groups and exaggerates the
 Sometimes adolescents may justify differences among people. It also involves
illegal behavior by claiming that they jumping to conclusions = that is, taking a
committed the act for someone else, single cue and making a sweeping judgment
such as gang, the peer groups and on it.
others.
 Retrospective Interpretation - Involves
labeling individuals in a certain way
and then viewing them in an entirely
Sykes and Matza's Neutralization Theory new light.
 Negotiation- Occurs often in criminal
courts, where defense and prosecution
 Techniques of neutralization theory bargain with each other over the
suggests that although delinquents charge, plea and sentence.
know that their behavior is wrong, they
justify it as "acceptable" on a number Summary of Theories Related to Delinquency
of grounds:
 Five techniques of neutralization  ANOMIE THEORY - Breakdown of
 Denial of responsibility social orders as results of loss of
 Denial of injury standards and values that replaced
 Denial of victim social cohesion.
 Condemnation of the condemners
 Appeal to higher loyalties

 TRAIT THEORY - Person chooses


LABELING THEORY law-violating or conventional behaviour
and it suggest that biological make-up
 It focuses on the formal and informal controls human behaviour.
applications of stigmatizing, deviant  SOCIAL LEARNING THEORY-
labels or tags by society on some of its Process of learning and internalizing
members. moral codes; crime are product of
learning the norms, values, and
behaviours associated with criminal CONTAINMENT THEORY.
activity.
 every individual there exist a
containing external structure and a
protective internal structure, both
 SUB-CULTURE THEORY- Certain provide defense, protection, or
groups have values quite distinct from insulation against delinquency.
those of the rest of society.
 SOCIAL STRUCTURE THEORY-
Effects of an individual's position in
society and those of the rest of society.  ROUTINE ACTIVITIES THEORY -
- under strain focuses on the characteristics of the
 STRAIN THEORY- People in society crime rather than on those of the
share one set of cultural values, lower offender.
class persons often do not have
legitimate means to attain society's
goals; they may turn to illegitimate RATIONAL CHOICE THEORY.
means instead; conform in
conventional values of the middle  Takes into account the entire criminal
class. event, which includes the criminal
motivation, and situation. (Choose).

DIFFERENTIAL ASSOCIATION THEORY-


Criminal behaviour is taught and learned.
Social influences, interaction. (In different
association, different behavior can be
learned).

 CULTURAL/DEVIANCE THEORY-

Attributes crimes to a set of values peculiar to


the lower class. (There are different rules in
the street).

SOCIAL DISORGANIZATION THEORY-


The theory suggests that, among
determinants of a person's later illegal
activity, residential location is as significant as
or more significant than the person's
individual characteristics.

 SOCIAL PROCESS THEORY-


Criminality as a learned as a learned
or culturally transmitted process.

SOCIAL CONTROL THEORY

 Techniques and strategies


tharregulate human behaviour and
lead to conformity or obedience to
society's rule.

You might also like