Crim 5- Juvenile

18 below- Juvenile Justice System

RA 9334
- Below 15 – without criminal liability
- Above 15 below 18- acted with discernment ( Discernment is the ability to
determine right from wrong) with criminal liability
- Above 15 below 18- acted without discernment, without criminal liability
- 18 above- with criminal liability

Historical Perspective
- Separate juvenile justice system was established in the united states about 100
years ago
- With the goal of:
a. Diverting youthful offenders from destructive punishment
b. Encouraging rehabilitation based on individual juvenile’s needs
- Early juvenile institutions in the United States were based on the English
Bridewell institution which emphasized the teaching of life and trade skills.

3 Types of Juvenile Institutions during the Progressive Era

1. House of Refuge
- focused on the re-education of youth and used indeterminate sentencing,
religious trainings, and apprenticeships in various trades.
- the houses were organized using a military model to promote order and
discipline, but the houses were often overcrowded and youth were overworked.
2. New Reformatories.
- established in the mid to late 1800s.
- these were cottages and foster homes that were often situated on farms.
- Family type organization was prevalent, and hard physical labor was stressed.
They also suffered from the same types of problems that houses of refuge did.
3. Separate Institutions for juvenile females.
- for girls in the mid-1880s which focus on teaching domestic and child-rearing
skills to girls.
Early Conceptualization of Childhood
1. Children as “Miniature Adults”
- Practices which reflected children as miniature adults include:
• Adult punishments for misdeeds- punishment for children were severe
even the death penalty for minor offenses.
• Slavery and apprenticeship- children were commonly sold into slavery,
prostitution, and apprenticeship, sometimes as security on debts, or as
political hostages.
• Morality, sex, and prostitution- children were exposed to adult sexuality
from an early age, and even used as prostitutes.
2. Children as “Non-Human”
Practices which reflected children as “non-human”.
  Infanticide- especially illegitimate, deformed, poor, later born, and girls.
 Abandonment- often left on the streets, on door stops, and in orphanages.
 Swaddling- involved depriving the child of use of limbs by wrapping them
in endless bandage; child could be left attended.
3. Code of Hammurabi
- The oldest known code for thousand years ago dating from 2270 BC.
Runaways, children who disowned their parents, and sons who cursed their
fathers were severely being punished.

I. Roman Law and Canon Church Law

- Approximately 2,000 years ago, Roman Law and Canon Law made
distinction between juveniles and adults based on the notion “age of
responsibility”.
II. Ancient Jewish Law
-The Talmud (body of Jewish civil and religious laws) specified
condition under which immaturity was to be considered in imposing
punishment.
-no capital punishment was to be imposed on those offenders under
twenty years of age.
III. Codification of Roman Law.
-Punishments for some offenses were less severe than adult.
- originally, only those who were incapable of speech were spared under
the Roman Law but eventually immunity was afforded to all children under
the age of 7.
-Children came to be classified as “infans” or “Proximus infantae” who
were NOT held criminally responsible, but those approaching puberty who
knew the difference between right and wrong were held accountable.
IV. Anglo Saxon Law
- The distinction made between adult and juvenile offenders in England at this time
was most significant. Under common law:
• Children under 7 years old were automatically presumed innocent
because of their age.
• Children over 14 were automatically judged as an adult.
• Children between 7 and 14 years were presumed innocent because of
their age, but could be found guilty under certain circumstances.

Early Conceptualization of Childhood

 Life in the 18th century was dominated by three major institutions: family,
church, and community.
 Crime and deviance were generally equated with sin and immorality.
Consequently, there was little attempt to rehabilitate the offender. Rather,
criminals were punished as an example to the rest of the community
(deterrence).
 There was no special category as “juvenile delinquent” at this time.
1.House of Refuge
- Housed juvenile offenders.
2. Orphans Asylums
- Housed abandoned and orphaned children.
Note: The purpose of separate institutions for juveniles was to separate them
from hardened adult criminals.

3. Creation of the Juvenile Court

- Through a series of court decisions, the concept of parens patriae
(responsibility of the courts and the state to act on behalf of the child and
provide care and protection equivalent to that of a parent) became
broadened and the state became increasingly involved in determining the
fitness of families.
- the first separate juvenile courts was established in Chicago in 1899.
4. Nineteenth Century Changes
• New York Committee on Pauperism (NYCP)
• In 1818, NYCP gave the term juvenile delinquency its first public
recognition by referring it as a major cause of pauperism.
• Albert K. Cohen was the first man who attempted to find out the process
of beginning of the delinquent subculture.
• The period of 1899 to 1967 was considered the era of socialized
juvenile justice.
JUVENILE
• Is a person who has not reached adulthood or the age of majority (18 years
old).
DELINQUENT PERSON
 delinquent is a person, of whatever age, whose attitude toward the other
individuals, toward the community, toward the lawful authority is such that
it may lead him into breaking the law.
 It can also be defined as one who repeatedly commits an act that is against
the norms and mores observed by the society.
 Law violator
Juvenile Delinquency
- The term is used to describe a large number of disapproved behaviors of
children and youth.
- It also refers to anti-social act or behavior of minors which deviates from the
normal pattern of rules and regulations
- Anti social behavior or acts
- All crimes are anti social but not all anti social acts are crimes
- an act committed by a minor that violates the penal code of the government with
- The committing of those things considered crimes by the country.
 Unlawful acts committed by juveniles can be divided into five categories:
1. Unlawful acts against person
2. Unlawful acts against property
3. Drug and alcohol offenses
 4. Offenses against the public order
5. Status offenses – are acts that only juveniles can commit and that can be
adjudicated only by a juvenile court such as violations of curfew, underage
drinking, running away from home, and truancy.

Reasons for Differential Treatment of Juveniles and Adults

1. Minimum Age of Criminal Responsibility (MACR)
2. Doctrine of Doli Incapax
- a child is incapable of having the intention to commit crime.
- also known as the defense of infancy.
- used also by the Philippines = children below 15 and children above 15 but
below 18 who acted without discernment.
Stages of Delinquency
1.Emergence.
- The child begins with petty larceny between 8 and sometime during the 12 th year.
2. Exploration.
- He or she then may move on to shoplifting and vandalism between ages 12 to
14.
3. Explosion.
- At age of 13, there is a substantial increase in variety and seriousness.
4. Conflagration.
- At around 15, four or more types of crime are added.

Pathway to delinquency
1.Authority-conflict Pathway
- Begins at early age with stubborn behavior. This leads to defiance and then to
authority avoidance.
2. Covert Pathway
- Begins with minor, underhanded behavior that leads to property damage.
This behavior eventually escalates to more serious forms of criminality.
- Behaviors that don’t give attentions to
3. Overt Pathway
- Escalates to aggressive acts beginning with aggression and leading to physical
fighting and then to violence.

Juvenile delinquency tendencies

1. Malicious – expression of defiance.
2. Negativistic- changeable attitudes like not being satisfied with status.
3. Non-utilitarian- vandalistic attitude like graffiti (go against social norms)
4. Hedonistic- doing bad things for pleasure.
Types of delinquency according HOWARD BECKER
1. INDIVIDUAL DELINQUENCY
- delinquency in which only one individual is involved in committing a
delinquent act and its cause is located within the individual delinquent.
- it is caused by psychological problems stemming primarily from
defective/faulty/pathological family interaction patterns.
2. Group-Supported Delinquency
- delinquencies are committed in companionship with others and the cause is
located not in the personality of the individual or in the delinquent’s family but in
the culture of the individual’s home and neighborhood.
3. Organized Delinquency
- delinquencies that are committed by formally organized groups.
- It has a concept of delinquent subculture which refers to the set of values and
norms that guide the behavior of group members.
- You create your own group and rules
4. Situational Delinquency
- delinquency is not deeply rooted, and motives for delinquency and means for
controlling it are often relatively simple.
- Based lang siya sa situation

Classification of Juvenile Offenders (Trojanowicz, RC)

1. Gang Organized Delinquency
- these youngsters formed groups and do their illegal activities within a group.
- this category involves juveniles who often suffer from the frustration or inability
to achieve goals of middle class and crom from backward areas and often
express themselves and try to achieve their objectives through their gang.
2. Unsocialized Delinquents.
- This includes those delinquents who would have criminal records and generally
who were neglected and rejected from home and are prone to physical
violence.
3. Accidental Delinquency
- most of the time, these delinquents are law-abiding but have lapse of
judgment.
- They involve themselves accidentally in delinquent activity.
4. Occasional Offender.
- they engage in delinquency but they are not habitual offenders.
-based sa occasion

Types of Delinquent Youth

1. Socialized Delinquents
- They become delinquents as a result of their social association with people
from whom they learned deviant values.
- They are more likely to become property violators than violent offenders.
2. Neurotic Delinquents
- They become delinquents as a result of distortions on their personality and
their ideas and perception of the world around them.
 - for example, youths who become kleptomaniacs, shoplifters and pyromaniacs
have neurotic compulsions that usually result in delinquent behavior.
3. Psychotic Delinquents
- These youths with severe personality disorders have a significantly distorted
perception of the society and people around them.
- They do NOT usually plan their crimes. Their distorted view of reality and their
delusional thoughts may compel them to commit acts of violence, including
murder.
- These categories of juveniles may tend to commit the most heinous and
senseless acts of violence.
- (Explanation: may mental incapacity, withdrawal of reality)
4. Sociopathic Delinquents
- These youths are characterized by an egocentric personality. They have
limited or no compassion for others.
- Because of their character defect, they can easily victimize others with little of no
anxiety of guilt.
- A sociopathic element is present in many delinquents, but not all delinquents are
sociopath.

Other Ways to Classify Delinquents

1.Environmental Delinquents
- They are the occasional lawbreakers.
2. Emotionally Maladjusted Delinquents
- These delinquents are the chronic lawbreakers who make breaking of laws a habit
they cannot avoid or escape from.
- problems in emotion
3. Psychiatric Delinquents
- They are the persons who become delinquent due to mental illness or serious
emotional disturbances In the family.
4. Occasional Delinquents
- These delinquents participate in a group. The have common or similar characteristics.
They are “pro-social”. They do what others are doing.
4. Gang Delinquents
- They generally commit the most serious infractions, most often sent to a
correctional institution, and most often continuous in a pattern of semi-
professional criminal behavior as adults.
5. Maladjusted Delinquents
- The activity stems from personality disturbance rather than gang activity or slum
residence. They have weak ego. They are disorderly and confused and not dependable
with pathological disturbances.

WHY DO JUVENILE EXIST? (BASED SA REPORTS)

- TINATAMAD NA AKO ILAGAY. HANAPIN NIYO NALANG SA GC. SINEND
KO NA YUNG COMPILATION NUNG REPORTS NOON HEHE.
CHAPTER 3: LEGAL APPROACHES ON JVENILE PROTECTION
Parenting
-is the process of rising children and providing them with protection and care
Parental Rights and Disciplinary Authority
-the quality of parenting children receive during childhood and adolescence
influences their developmental competence and life course flight.
Concepts of good parenting
- it involves a great deal of consistency and routine which gives children a sense of
control.
Parenting styles
- it refers to the constellation of parents’ attitudes and behaviors toward the children an an
emotional climate in which the parents’ behaviors are expressed.
Demandingness
- the claims parents make on children to become integrated into the family.
- Demands that parents ask for
Responsiveness
- the extent to which parents intentionally foster individuality, self-regulation, and self-
assertion by being attuned, supportive and acquiescent to children’s special needs and
demands
- matters that they give to us (love, care)
TYPES OF PARENTING STYLE
1. Authoritative Parenting Style
- it is characterized as high in responsiveness and demandingness. They do not only
support and give warmth, but also clearly define rules and consistent discipline.
- it encourages a child to be responsible; to think for themselves and to consider the
reasons for the rules.
2. Authoritarian Parenting Style
- described as low in responsiveness but high in demandingness.
- Uses hostile control or harsh punishments in an arbitrary way to gain compliance,
but they seldom provide explanation or allow verbal give and take.
- they expect their orders to be obeyed without question and who rely on punishment –
or the threat of punishment– to control their children.
3. Indulgent (Permissive) Parenting Style
- it is defined as low in demand but high in responsiveness. They are responsive to
their children and satisfy children’s needs but they fail to to set proper disciplinary,
exhibit behavioral control, or make demands for mature behaviors.
- they are responsive and warm but also reluctant to enforce rules.
4. Neglectful (Uninvolved) Parenting Style
- it is characterized by as low in responsiveness and in demands.
- they are parent-centered and seldom engaged in child rearing practices.
- they neither provide warmth nor set rules for their children.
- they offer their children little emotional support and fail to enforce standards of conduct.
RIGHTS OF PARENTS
 Primary rights of parents. Obligation to provide, right to company their children
  Rights under civil code Art 316. The father and the mother have, with respect to
their unemancipated children ( hindi pa hiwalay sa family)
 Art 317. Court has the power to appoint guardian
 Art 318. Mayor may aid them. Doctrine of parens patriae ( government may
represent the child)
 Art 319. Detained children. Support the detained but shall not intervened in the
program
 Art 320. The father, or in his absence the mother, is the legal administrator of
the property pertaining to the child under parental authority. If the property
is worth more than two thousand pesos, the father or mother shall give a bond
subject to the approval of the Court of First Instance
 Art 321. Pwede hiramin pera ng anak as long as papalitan
 Art 322. Reasonable allowance from earnings
 Art 323. The fruits and interest of the child's property referred to in article 321
shall be applied first to the expenses for the support and education of the
child. After they have been fully met, the debts of the conjugal partnership
which have redounded to the benefit of the family may be paid from said
fruits and interest.
 Art 324. Whatever the child may acquire with the capital or property of the
parents belongs to the latter in ownership and in usufruct. But if the parents
should expressly grant him all or part of the profits that he may obtain, such
profits shall not be charged against his legitime.
 Art 325. The property or income donated, bequeathed or devised to the
unemancipated child for the expenses of his education and instruction shall
pertain to him in ownership and usufruct; but the father or mother shall administer
the same, if in the donation or testamentary provision the contrary has not been
stated.
 Art 326. When the property of the child is worth more than two thousand
pesos, the father or mother shall be considered a guardian of the child's
property, subject to the duties and obligations of guardians under the Rules of
Court.
Rights to discipline their child
-Parents have the right to discipline their children as may be necessary for the
formation of his good character, and may therefore require from him obedience to
just and reasonable rules, suggestions and admonitions.

Vicarious Liabilities
- Parents should be responsible for the injury caused by their children.