Professional Documents
Culture Documents
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.
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.
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.
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
Autonomy
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.
CULTURAL/DEVIANCE THEORY-