ALMINIANA,RHEA MAE D.

REVIEWER IN JUVENILE

Juvenile Delinquency Definition of Terms

1. Adjudicated delinquent: A youth who has been found by a judge in juvenile court to have committed
a violation of the criminal law, that is, a delinquent act.The judge can formally adjudicate the youth
as an initial step before imposing a disposition (a sentence or punishment), or the judge can decide not
to adjudicate the youth and instead impose conditions that, if met, will result in dismissal of the
charges.

2. Adjudicatory hearing: The fact finding (trial) phase of a juvenile case in which a judge receives and
weighs evidence before deciding whether a delinquency or status offense has been proven beyond a
reasonable doubt.

3. Aggravating factors: Factors to be considered that may increase the seriousness of the offense, such
as prior offenses, weapon use, heinous nature of crime, and threats to victims or witnesses.

4. Arrest: A law enforcement officer charges an offender with a criminal act or violation of law and
takes the offender into custody based on probable cause.

5. Conflict resolution: Use of communication skills and creative thinking to develop voluntary solutions
that are acceptable to disputants.

6. Continuum of care: A broad array of juvenile justice programs and services ranging from prevention
programs for young children and youth at risk of delinquency to intervention program serving high-
risk youth in secure residential settings.

7. Curfew: A local ordinance that requires, under specific conditions and exceptions, a specific group of
persons (usually juveniles under a certain age) to refrain from unsupervised activities after a
designated hour within the confines of a selected area, city, or county.

8. Custody; Taken into custody: Being in the care of a criminal or juvenile justice agency or official or
being taken into custody by a law enforcement officer pursuant to the laws of arrest if the juvenile
were an adult and the offense is criminal in nature.

9. Delinquency prevention programs: Programs and services designed to keep at-risk youth from
entering the juvenile justice system.

10. Delinquent act: Any act committed by a youth that would be a criminal violation if committed by
an adult.
11. Delinquent juvenile: A youth who has been found responsible for having committed a delinquent
act--the equivalent of being found guilty of a criminal offense.

12. Detention: In custody (secure, non-secure, or home confinement) while awaiting an adjudication
hearing, disposition, or commitment placement.

13. Detention hearing: A judicial hearing generally required to be held within 72 hours of a youth
being taken into custody, at which point the court determines whether (1) there is probable cause
to believe that the youth has committed a delinquent act or a court order exists that requires the
continued detention of the youth, and (2) continued detention is required pending an adjudicatory
hearing.

14. Disposition hearing: The hearing in a juvenile case (like a sentencing hearing in criminal court) at
which the court receives a predisposition report containing information and recommendations to
help determine the appropriate sanction. These sanctions can include probation, commitment to the
custody of the state's department of juvenile justice, or community-based sanctions.

15. Diversion: A process by which a youth is channeled from the juvenile justice system. Examples are
Informal Adjustment, Truancy Court, etc.

16. Intake: The process used for every youth referred to juvenile court. Intake involves screening each
youth to determine the appropriateness for release or referral to a diversionary program or agency
for nonofficial or nonjudicial handling. This screening also identifies the presence of medical,
psychiatric, psychological, substance abuse, and educational problems or other conditions that may
have caused the youth to come to the attention of law enforcement or intake. Intake includes initial
screening of a status offender to determine the recommended action to be taken in the best interests
of the youth, the family, and the community.

17. Juvenile delinquency program: Any program or activity related to juvenile delinquency
prevention, control, diversion, intervention,treatment, rehabilitation, planning, education,
training, and research.

18. Mediation: A process by which a neutral third person, or mediator, encourages and facilitates the
resolution of a dispute between two or more parties. It is an informal process designed to help the
disputants reach a mutually acceptable and voluntary agreement. Decision making authority rests
with the parties. The role of the mediator includes, but is not limited to, helping the parties identify
issues, fostering joint problem solving, and exploring settlement alternatives.

19. Mentoring: Generally involves providing support and guidance to and spending time on a regular
basis with a youth. Mentoring activities can include participating in sports, playing games shopping,
taking hikes, helping with homework, and doing chores.

20. Protective factors: Factors that help to reduce the impact of risk factors in a young person's life.
21. Risk factors: Certain problem behaviors present risk factors in a young person's life that may
contribute to later delinquency. A few examples include the availability of drugs and firearms in the
community, family conflict, and friends who engage in problem behaviors.

22. Status offenses: Non-criminal offenses only applicable to children--for example, being truant,
running away from homez possessing alcohol or cigarettes, or violating curfew.

23. Truant: A young person who is absent from school without permission or authorization.

24. Victimization: The result of a planned or accidental act that causes physical or psychological harm.

25. Violent crime: Crimes of violence include rape, Robbery,assault, or murder.

*4 Major Theories That Explain Existence Of Delinquency

Demonological/Pre-Classical – Possessed by spirits – before.

Classical

Positivist

Gotical

*Abandoned Child – Is one who has no proper parental care or guardianship or whose parents or
guardians have deserted him for a period of at least 6 continuous months.

Age Of Enlightenment – 18th century.

Borstals – Youth Custody Centers and detention center.

Cesare Lombroso – Father of Criminology.

Common Detected Young Persons Crime

1.Shoplifting

2.Crimes Of Violence

Crime Rate – Population X 100%

--------------

Crime Volume

Critical Theory – explains that delinquency is the by product of social arrangement.

Defendant Child – Is one who is without a parent, guardian or other custodian or one whose parents,
guardian or other custodian for good cause desires to be relieved of his care and custody.

Delinquency – Acts against norms, mores of society.

Deviancy – Is a stage of human existence where one has ceased to believe in love whereby the child
ends up bitter, empty, lonely, resentful and in most cases emotionally infantile.

Edwin Schur – Radical Non Intervention – if a child commits an offense, he should be left alone.

Emancipation – Liberty from parental authority.

Emotionally Disturbed Children – Are those who although not afflicted with insanity or mental defect are
unable to maintain normal social relations with others and the community in general due to emotional
problems and complexes.

Epideology –Transmission.

Etiology – Delinquency

Family Home – Constituted jointly by the husband and the wife or by unmarried head of a family, is the
dwelling house where they and their family reside and the land on which it is situated.

Hedonism – Pleasure, highest goal of man's life.

Hedonistic Calculus – Process of weighing pleasure and pain.

Idea Of Determination – Any act committed awaits an explanation to the natural world.

Jeremy Bentham – Introduced punishment of imprisonment.

JJS – Juvenile Justice System

Juvenile – person/Minors/Youth whose mental and emotional faculty has not been fully developed.

Juvenile Delinquent – Person commits any act of delinquency.

Juvenile Diversion – Offender is removed from JJS and diverted to other government programs.

Labelling Theory -Internationalist Perspective – any youth who commits a crime should be left alone
Social Perspective

Neglected Child – is one whose basic needs have been deliberately unattended or inadequately
attended.

Neo-Classical Theory – Modified the classical theory, excepted the child and lunatics from punishment.
Parental Authority/Partia Potestos – Rights and obligations which parents have in relation to the persons
and property of their children until their emancipation and even after this under certain circumstances

PD 603 – Child and Youth Welfare Code – Approval – Dec.10,1974

Effectivity – June 10,1975

Police – Prime mover of JJS

- Backbone of CJS

Poverty – Means the condition of that group whose income is low, therefore, the standard of living is
not enough to maintain normal health and efficiency.

*Some Causes of Poverty Which Could Be One Of The Causes Of Crime

1.Physical Environment

2.Unfavorable Economic Condition

3.Social Environment

4.Defects in Government

5.Defects in Education

*Proponent of Classical Theory

1.Jeremy Bentham

2.Cesare Beccaria

*Proponents Of Positivist/Italian Theory

1.Cesare Lombroso

2.Enrico ferri

3.Rafael Garofalo

RA 6809 – 18 years old - age of majority.

RA 8669 – Law which created the family court.

Truancy – Frequent Absences

*Types Of Delinquents

1.Occasional Delinquent

2.The Gang Delinquent

3.Mal Adjusted delinquent

Welfare Model – Is the positivistic approach which holds that young offenders should be helped rather
than punished.

William Bonger – Social Conflict Theory – society is composed of the ruling class and the ruled class.

*Young Offenders Fall Into Two Categories

1.Juveniles

2.Young Adults – at least 17

Youthful Offender – below 18 years old.

- Is one who is over 9 years but under 18 years of age at the time of the commission of
the offense.

Zones Of Peace – Children trapped in an armed conflict based on RA 7610.

PD 603 - Child and Youth Welfare Code

RA 9262 - Anti Violence Against Women and their Children Act of 2004.

RA 9344 - Juvenile Justice and Welfare Act of 2006

Youthful offender - over 9 years old but under 18 years old at the time of the commission of the offense.

Crime Theories Applicable to Juvenile Delinquency

1. Rational Choice - causes of crime lie within the individual offender rather than in their external

environment.

2. Social Disorganization - absence or breakdown ofcommunal institutions and communal relationship

that traditionally encouraged cooperative relationships among people.

Communal Institutions
 1. Family

2. School

3. Church

4. Social Groups

3. Strain Theory - crime is caused by the difficulty of those in poverty in achieving socially valued goals
by legitimate means.

4. Differential Association - young people aremotivated to commit crimes by delinquent peers

and learn criminal skills from them.

5. Labelling Theory - once a person is labeled criminal they are more likely to offend. Once labeled as
deviant, a person may accept that role and more likely to associate with others who have been
similarly labeled.

6. Social Control Theory - proposes that exploiting the process of socialization and social learning builds
self control and can reduce the inclination to indulge in behavior recognized as anti social.

Four Types of Control That Can Help Prevent Juvenile Delinquency

1. Direct - punishment is threatened or applied for wrongful behavior and compliance is rewarded by

parents, family and authority figures.

2. Internal - youth refrains from delinquency through the conscience or super ego.

3. Indirect - by identification with those who influence behavior because his/her delinquent act

might cause pain and disappointment to parents and others with whom he/she has close

relationships.

4. Control - through needs satisfaction, if all individuals needs are met, there is no point in

criminal activity.

Breed vs. Jones - A US court decision where it held that juveniles can not be tried when acquitted in
juvenile court then tried again in adult criminal court.Double jeopardy applies to juveniles as well as
adults.
Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a statutory limit.

Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act that otherwise
would have been charged as a crime if they were an adult.

*Crimes Commonly Committed by Juvenile Delinquents

1. Status offenses - is an action that is prohibited only to a certain class of people and most often applied
to offenses only committed by minors. example, under age smoking.

2.Property crimes - is a category of crime that includes theft,robbery,motor vehicle theft,arson,shop

lifting and vandalism.

3.Violent Crime in which the offender uses or threatens to use violent force upon the victim.

Age of Majority - is the threshold of adulthood as it is conceptualized,recognized or declared by law.The

vast majority of country including the Philippines set majority age at 18.

Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person between the ages
of 13 and 19.

*Types/Categories of Juvenile Delinquency

Delinquency - crimes committed by minors which are dealt with by the juvenile courts and justice
system.

Criminal behavior - crimes dealt with by the criminal justice system.

status offenses - offenses which are only classified as such because one is a minor, such as truancy which
is also dealt with by juvenile court.

Truancy - is any intentional unauthorized absence from compulsory schooling.

Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable.The term includes

criminal damage such as graffiti and defacement directed towards a property without the permission of
the owner.

Graffiti - is writing or drawings scribbled,scratched or sprayed illicitly on a wall or other surface in a

public place.

Defacement - refers to marking or removing the part of an object designed to hold the viewers
attention.

*Types of Offenders That Emerge in Adolescence

Repeat Offender - (life-course-persistent offender) - begins offending or showing anti-social/aggressive
behavior in adolescence or even childhood and continuous in adulthood.

Age Specific Offender (adolescence-limited offender) - juvenile offending or delinquency begins and
ends during their period of adolescence.

1. Victimless Crimes - refers to offenses where there is no private offended party.

2. Youth Rehabilitation Center - refers to a 24-hour residential care facility managed by the Department
of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGO's monitored by the
DSWD, which provides care, treatment anf rehabilitation services for children in conflict with the law.

3. Youth Detention Home - refers to a 24-hour child-caring institution managed by accredited local
government units (LGU's and licensed and/or accredited non-government organizations (NGO's)
providing short-term residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction.

4. Status Offenses - refers to offenses which discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts. These shall include curfew violations, truancy, parental
disobedience and the like.

5. Restorative Justice - refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community.

6. Recognizance - refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall
be responsible for the appearance in court of the child in accordance with the law,when required.

7. Offense - refers to any act or omission whether punishable under special laws or the Revised Penal
Code, as amended.

8. Law Enforcement Officer - refers to the person in authority or his/her agent as defined in Article 152
of the Revised Penal Code, including a barangay tanod.

9. Juvenile Justice and Welfare System - refers to a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and
development.

10. Intervention - refers to a series of activities which are designed to address issues that caused the
child to commit an offense.It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
11. Initial Contact With the Child - refers to the apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private citizens.

12. Diversion Program - refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court proceedings.

13. Diversion - refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of higher social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.

14. Deprivation of Liberty - refers to any form of detention or imprisonment, or to the placement of a
child in conflict with the law in a public or private custodial setting, from which the child in conflict with
the law is not permitted to leave at will by order of any judicial or administrative authority.

15. Court - refers to a family court or, in places where there are no family courts, any regional trial
court.

16. Community-based Programs - refers to the programs provide in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community

17. Child in Conflict with the Law - refers to a child who is alleged as, accused of, or adjudged as, having
committed an offenses under Philippine laws.

18. Child at Risk - refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances.

19. Child - refers to a person under the age of eighteen (18) years.

20. Best Interest of the Child - refers to the totality of the circumstances and conditions which are most
congenial tothe survival, protection and feelings of security of the child and most encouraging to the
child's physical, psychological and emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child.

21. Bail - refers to the security given for the release of the person in custody of the law, furnished by
him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the
form of corporate security, property bond, cash deposit, or recognizance.

22. R.A. No. 9344 - The Act creating the Juvenile Justice and Welfare Act of 2006.

23. 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.

24. R.A. No. 9344 should be construed liberally in favor of the child in conflict with the law