Chapter 1 Historical Perspective, Concepts and Philosophies of Juvenile

Delinquency
A. Historical Overview
“Children need love, especially when they do not deserve it.”
- Harold S Hulbert, child psychiatrist

Mishra & Biswal, 2018- Involvement of both male and female delinquents in various
offences such as theft, burglary, riot, murder, and rape, carrying illegal arms and
drugs, gambling activities has increased enormously.
Three other types of juvenile institutions began to appear in the United
States during the progressive era:
1. Houses of refuge- 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- Cottages and foster homes that were often situated on
farms. Family-type organization was prevalent, and hard physical labor was
stressed.
3. Separate institutions for juvenile females-This was established mainly for
girls in the mid-1880s, which focus on teaching domestic and child rearing skills
to girls.
Parens Patriae was first articulated in Prince v. Massachusetts (1944). This
philosophy meant the state could act "as a parent," and gave juvenile courts the power
to intervene whenever court officials felt intervention was in the best interests of the
child.
B. Definitions of Terms
Juvenile
- Juvenile is considered as a child who has not completed a specific age as mentioned
in the law of any country.
- Juvenile is a child who has alleged violated certain laws.
- Juvenile is generally used in reference to a young criminal offender
Minor
- minor is related to legal capacity of a person.
Adolescence
- term that refers to the life interval between childhood and adulthood.
Delinquency
Delinquency – originated from Latin word “delinquere”
De- means away
Linquere – means “to leave thus, mean by to leave or to abandon”.
- unwelcomed action, omission or moral behavior of a juvenile which is socially not
permitted in any society.
Juvenile delinquent
- behavioral disorder which is generally defined as “a child trying or pretending to act
like a grown up or adult”.
C. Sociological approach
Clyde B. Vedder - Juvenile delinquency refers to the anti-social acts of children and
of young people under age.
Juvenile Delinquency
- legal term that was first defined in 1889, when Illinois passed the first law on Juvenile
Delinquency which specifies various specific kinds of delinquency in addition to the
offences covered by the criminal laws.
- defined as actions that violate the law, committed by a person under the legal age
of majority (Burfeind and Bartusch).
D. Reasons for the Differential Treatment of Juveniles and Adults
1. Minimum Age of Criminal Responsibility (MACR)
- Article 4 of the Beijing rules states that, “In those legal systems recognizing the
concept of the age of criminal responsibility for juveniles, the beginning of that age
shall not be fixed at too law an age level, bearing in mind the facts of emotional,
mental and intellectual maturity.
2. Doctrine of Doli Incapax
- refers to the presumption in law that a child is incapable of forming the criminal
intent to commit an offence.
- The notion that a child is incapable of having the intention to commit a crime is called
as ‘doli incapax.'
The Philippine law sets a doli incapax presumption and treats children below 15 and
children above 15 but below 18 who acted without discernment in the same way. A
child above 15 but below 18 who acted with discernment is required to go through
diversion if the crime committed is generally punishable by not more than 12 years of
imprisonment (Estorninos, 2017).
Scope of Delinquent Behaviors
1. disobedient behavior
2. bunking schools
3. truancy
4. incorrigibility
5. frequently going to the cinema halls
6. going to places of ill reputation
7. coming home late at night
Child Savers
- In the 19th century United States, this group called promoted the notion of the basic
goodness of children.
- they blamed the delinquency on the child exposure to poverty, overcrowding,
immigration and lack of parental guidance.
- remove problem children from bad homes and place them in rehabilitating
environments.
Allen vs. United States
The US Supreme Court Ruling stating that a child younger than 7 cannot be guilty of
a felony or punish for a capital offense because he or she is presumed incapable of
forming criminal intent.
A. Types of Juvenile Delinquency (Howard Becker)
a. Individual delinquency- only one individual is involved in committing a
delinquent act and its cause is located within the individual delinquent.
b. Group-supported delinquency- 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.
c. Organized delinquency- committed by formally organized groups.
d. Situational delinquency- not deeply rooted, and motives for delinquency and
means for controlling it are often relatively simple.
B. Classification of Juvenile Offenders - (Trojannovicz, R.C.)
a. Gang Organized Delinquency - involves those juveniles who often suffer from
the frustration or inability to achieve goals of middle class.
b. Unsocialized Delinquents.- includes those delinquents who would have criminal
records and generally who were neglected and rejected from home and are prone to
physical violence.
c. Accidental Delinquency- delinquents would be one who is law-abiding most of
the time but who has a lapse of judgment.
d. Occasional Offender- The occasional offender/delinquent is parallel to the
accidental delinquent in that they becomes indulge in minor offenses but they are not
habitual.
e. Professional Delinquency- usually steals things for getting some profits. They
have done stealing for economic gain and to satisfy their desire.
C. Stages of delinquency (EEEC)
Emergence - begins w/ petty larceny (minor theft) (8-12 yr
Exploration – shoplifting and vandalism (12-14 yrs)
Explosion– substantial increase in variety and seriousness of his acts (13 yrs)
Conflagration – four or more types of crime are added (15 yrs)
D. Classification of delinquency
Unsocialized aggression – rejected/abandoned
Socialized delinquency - membership to groups with bad advocacies
Over-inhibited – group secretly trained in doing illegal activities
Pathway to delinquency
1. authority conflict pathway – early age having stubborn behavior
2. covert pathway – minor, underhanded behavior leads to damage to property
3. overt pathway – aggressive acts leads to physical violence and then to violence.
E. Types of delinquent youths
Socialized delinquents - The social association with people whom they learned
deviant (abnormal) values.
Neurotic (fearful) delinquents - Commit delinquent acts because of insecurities,
anxiety (worry, nervousness), and neurotic compulsion.
F. Studies on the Profile of Delinquents
Bilog (2014) revealed that majority of the juvenile offenders in Batangas City are
15-17 years old, single, males, finished elementary education with crime of theft
committed in 2012 and under the custody of their parents or legal guardians.
Routh (2018) studied that males appeared to be impulsive substance abuser, low
needs with delinquency history, complex treatment needs, criminally diverse, and
opportunistic/diverse delinquency history. While females emerged as substance abuse
risk/low needs, substance abuser with history of violence, normative juvenile
delinquent, complex treatment needs with delinquency history, and extensive
treatment needs.
The study of Sedlak and Bruce assessed the differences among subgroups based
on their age, sex, and placement program (i.e., detention, corrections, community
based, camp, or residential treatment).
Hillege et al., (2017) disclosed that serious juvenile offenders have sexual
problems, antisocial identity and mental health problems, lack of empathy and
conscience, flat profile, family problems, substance use problems, and sexual,
cognitive and social problems.
Margari et al., (2015) identified the profiles of the Juvenile Sexual Offenders (JSOs)
and Juvenile Non Sexual Offenders (JNSOs) in some domains, such as living in single-
parent homes, while maintain some common aspects such as academic failure and
previous sexual intercourse.

BOOK
Chapter I
Historical Perspective, Concepts and Philosophies of Juvenile Delinquency
This unit will provide you a wider perspective about the historical perspective, concepts
and nature of juvenile delinquency and related theories.
"Children need love, especially when they do not deserve it."
- Harold S Hulbert, child psychiatrist
Children are the most innocent creations. However, they develop deviancy in them
due to social and environmental factors which impose upon their innocence. Juvenile
has become a major social problem with a rise seen in number of children getting
involved in various unlawful activities. Involvement of both male and female
delinquents in various offenses such as theft, burglary, riot, murder, and rape, carrying
illegal arms and drugs, gambling activities has increased enormously (Mishra & Biswal,
2018).
A separate juvenile justice system was established in the United States about 100
years ago with the goal of diverting youthful offenders from the destructive
punishments of criminal courts and encouraging rehabilitation based on the individual
juvenile's needs.
During the progressive era, which occurred between 1880 and 1920, social conditions
in the United States were characterized by large waves of immigration and a dramatic
increase in urbanization. As a direct result, hundreds of indigent children wandered
the streets, and many became involved in criminal activity.
Initially, children who were convicted of crimes were housed with adult criminals.
Social activists, law makers, and other officials soon realized that children
institutionalized with adults were learning adult criminal behaviors and were exiting
those institutions ready for life careers in criminality. Because of this negative
influence, separate juvenile court systems and accompanying correctional institutions
were developed.
Early juvenile institutions in the United States were based on the English Bridewell
institution which emphasized the teaching of life and trade skills. The idea behind
teaching skills was that criminality was a result of the social environment and often
was a survival mechanism. If youth were taught other skills, they were more likely to
make meaningful contributions to society.
Three other types of juvenile institutions began to appear in the United States during
the progressive era:
1. Houses of refuge. Focused on the re-education of youth and used indeterminate
sentencing, religious training, 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, were cottages and
foster homes that were often situated on farms. Family-type organization was
prevalent, and hard physical labor was stressed. New reformatories 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 childrearing skills to girls.
The first juvenile courts operated under the philosophy of parens patriae first
articulated in Prince v. Massachusetts (1944). This philosophy meant the state could
act "as a parent," and gave juvenile courts the power to intervene whenever court
officials felt intervention was in the best interests of the child. Any offense committed
was secondary to the offender.
Definitions of Juvenile and Juvenile Delinquency
Juvenile
Juvenile is considered as a child who has not completed a specific age as mentioned
in the law of any country and does not bear resemblance as an adult person and who
can be made legally answerable for his criminal activities.
Juvenile is a child who has alleged violated certain laws which declares his act or
omission as an offense. A juvenile and a minor are used in different perspective in
legal terms.
Juvenile is generally used in reference to a young criminal offender and minor is
related to legal capacity of a person.
Juvenile vs. Minor
A juvenile and a minor are used in different perspective in legal terms. The term
juvenile is generally used in reference to a young criminal offender and minor is related
to legal capacity of a person.
Delinquency
Origin of the word Delinquency
Delinquency - originated from Latin word "delinquere"
De- means away
Linquere means "to leave thus, mean by to leave or to abandon".
Delinquency is unwelcomed action, omission or moral behavior of a juvenile which
is socially not permitted in any society.
Juvenile delinquent is behavioral disorder which is generally defined as "a child
trying or pretending to act like a grown up or adult". The action of the child can be
seen as a childish foolish behavior but it can cause serious worry and concern.
Sociological approach:
According to Clyde B.Vedder: Juvenile delinquency refers to the anti-social acts of
children and of young people under age.
Juvenile delinquency is a complex phenomenon that is difficult to define, measure,
explain and prevent. Throughout history, from the Code of Hammurabi to the 18th
and 19th centuries in Europe were badly treated.
Juvenile Delinquency is a legal term that was first defined in 1889, when Illinois
passed the first law on Juvenile Delinquency which specifies various specific kinds of
delinquency in addition to the offenses covered by the criminal laws. since then every
state has passed the delinquency laws.
Juvenile Delinquency is defined as actions that violate the law, committed by a
person under the legal age of majority (Burfeind and Bartusch).
Reasons for the Differential Treatment of Juveniles and Adults
1. Minimum Age of Criminal Responsibility (MACR)
The minimum age of a child that is deemed not to have committed a crime. Article 4
of the Beijing rules states that, "In those legal systems recognizing the concept of the
age of criminal responsibility for juveniles, the beginning of that age shall not be fixed
at too law an age level, bearing in mind the facts of emotional, mental and intellectual
maturity.
2. Doctrine of Doli Incapax
This is a Latin phrase which refers to the presumption in law that a child is incapable
of forming the criminal intent to commit an offence. It serves as a defense based on
the presumption that a child under 14 years old was incapable of committing a crime.
This presumption could be rebutted for children between the ages of 10 and 14 if the
prosecution could satisfy the court that the child knew that what he was doing was
seriously wrong, not "merely naughty or mischievous". Children under 10 were
deemed incapable in any event (STA Law Firm, 2019).
The age of criminal responsibility varies from different countries. The Beijing rules
provide for taking adequate measures to make it reasonable.
The most critical element for constituting a crime is 'mens rea' or the criminal
intention to commit an offense. A juvenile and an adult are subjected to different
judicial procedures primarily due to this notion. The notion that a child is incapable of
having the intention to commit a crime is called as 'doli incapax.'
Under the English law, the doctrine of 'doli incapax' was the defense of infancy
unless such a presumption was rebutted. Some of the states follow this doctrine, and
therefore juveniles below a particular age are excluded from the liability for the
commission of an offense. The age of criminal responsibility differ from each
jurisdiction like in Canada and the Netherlands is 12, 7 in the UAE and India. This does
not call for a necessity to maintain a specific age for criminal prosecution, and
therefore in some countries, it is up to the prosecution to prove the existence of
criminal intent.
In T v. DPP [1997] Criminal LR 127, T an eleven- year-old child stole sandwiches from
a shop. At the instance of getting caught, T tossed the sandwiches down and fled the
scene. When interviewed, the child admitted the act of stealing because of having no
money. In this case, the court opined that the combination of admission and running
away from the scene was sufficient for rebuttal.
The Philippine law sets a doli incapax presumption and treats children below 15 and
children above 15 but below 18 who acted without discernment in the same way. A
child above 15 but below 18 who acted with discernment is required to go through
diversion if the crime committed is generally punishable by not more than 12 years of
imprisonment (Estorninos, 2017).
Scope of Delinquent Behaviors
1. disobedient behavior
2. bunking schools
3. truancy
4. incorrigibility
5. frequently going to the cinema halls
6. going to places of ill reputation
7. coming home late at night
The children and adolescents seemed to have lost respect for their elders, were
disobedient toward their parents, and seemed more immoral than young people were
during previous eras. They have lost their way and the state of society held in the
balance (Plato).
Juvenile delinquency is a complex phenomenon that is difficult to define, measure,
explain and prevent. Throughout history, from the Code of Hammurabi to the 18th
and 19th centuries in Europe were badly treated.
In the 19th century United States, a group called Child Savers promoted the notion of
the basic goodness of children. Child Savers blamed delinquency on the child exposure
to poverty, overcrowding, immigration and lack of parental guidance. Their solution
to crime was to remove problem children from bad homes and place them in
rehabilitating environments.
The delinquency of children is often a sign of a problematic life which is interrelated
to complex situations. Juveniles are accountable for property crimes and even on
serious violent crimes. Most juvenile offenders commit only few offenses and tend to
commit a variety of crimes like specializing in a particular crimes. With the
conflagration of juvenile crimes, it became a perennial problem all over the world.
Allen vs. United States
The US Supreme Court Ruling stating that a child younger than 7 cannot be guilty of
a felony or punish for a capital offense because he or she is presumed incapable of
forming criminal intent.
Status. A socially defined position within a group characterized by a certain rights,
expectations and duties.
Mary Ellen Wilson. The first recorded child abuse in the United States.
Code of Hammurabi (An eye for an eye, a tooth for a tooth.)
Rule 195, is aimed to children who disobeyed their parents. It emphasize that, "If a
son strikes his father, his hands shall be cut off".
Rule 192, is a rule for adopted children, which states that, "If an adopted child says
to his father or mother, "You are not my father or mother, his tongue shall be cut off".
Rule 193, "If an adopted son, returned to his biological parents, then his eyes would
be plucked out".
Greek Empire. (Juvenile misbehavior is a serious concern)
Types of Juvenile Delinquency
The growing concern on youth crime is evident wherein the young offenders are also
victims with complex needs, leading to a public health approach that requires a
balance of welfare and justice models. (Young et al.,2017).
Delinquency exhibits a variety of styles of conduct or forms of behavior. Each of the
patterns has its own social context, the causes that are alleged to bring it about, and
the forms of prevention or treatment most often suggested as appropriate for the
pattern in question.
Four Types of Delinquencies - Howard Becker
(a) 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.
(b) 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.
(c) 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 encourage the
commission of delinquencies, award status on the basis of such acts and specify typical
relationships to persons who fail outside the groupings governed by group norms.
(d) Situational delinquency. Delinquency is not deeply rooted, and motives for
delinquency and means for controlling it are often relatively simple.
Classification of Juvenile Offenders - (Trojannovicz, R.C.)
a. Gang Organized Delinquency. The youngster formed groups and do their illegal
activities within a group. This category involves those juveniles who often suffer from
the frustration or inability to achieve goals of middle class and come from backward
areas and often express themselves and try to achieve their objectives through their
gang.
b. 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.
c. Accidental Delinquency. This category consider that the delinquents would be
one who is law-abiding most of the time but who has a lapse of judgment. They
involve himself accidently in a delinquent activity. These delinquent are a problem to
any one because their delinquent behaviour comes to an end when he realizes what
he has done or when they have been caught in the delinquent activity.
d. Occasional Offender. The occasional offender/ delinquent is parallel to the
accidental delinquent in that they becomes indulge in minor offenses but they are not
habitual.
e. Professional Delinquency. In this category delinquent usually steals things for
getting some profits. They have done stealing for economic gain and to satisfy their
desire.
Stages of Delinquency (EEEC)
Emergence - begins w/ petty larceny (minor theft) (8-12 yrs)
Exploration - shoplifting and vandalism (12-14 yrs)
Explosion - substantial increase in variety and seriousness of his acts (13 yrs)
Conflagration - four or more types of crime are added (15yrs) Classification of
Delinquency
Unsocialized aggression - rejected/abandoned
Socialized delinquency - membership to groups with bad advocacies
Over-inhibited - group secretly trained in doing illegal activities
Pathway to Delinquency
1. authority conflict pathway - early age having stubborn behavior
2. covert pathway - minor, underhanded behavior leads to damage to property
3. overt pathway - aggressive acts leads to physical violence and then to violence.
Types of Delinquent Youths
Socialized delinquents. The social association with people whom they learned
deviant (abnormal) values. It focused on property violations than committing violent
acts.
Neurotic (fearful) delinquents. Distortion (alter) in their personality and their ideas
and perception. Commit delinquent acts because of insecurities, anxiety (worry,
nervousness), and neurotic compulsion.
The prevalence of offending increases from late childhood, peak in the teenage years
(from 15 to 19) and decline in the early 20s. Violence tends to peak later than that for
property crimes. Girls peak earlier than boys. Studies agree that 40 to 60 percent of
juvenile delinquents stop offending by early adulthood. For those who do persist, the
transition from adolescence to adulthood is a period of increasing severity of offenses
and an increase in lethal violence (National Institute of Justice, 2014). Consequently,
the continuity of offending from the juvenile into the adult years is higher for people
who start offending at an early age, chronic delinquents, and violent offenders. The
Pittsburgh Youth Study found that 52 to 57 percent of juvenile delinquents continue
to offend up to age 25. Juveniles who start offending before age 12 are more likely to
continue offending into early adulthood.
Studies on the Profile of Delinquents
Bilog (2014) studied the implementation of RA 9344 and revealed that majority of
the juvenile offenders in Batangas City are 15-17 years old, single, males, finished
elementary education with crime of theft committed in 2012 and under the custody of
their parents or legal guardians.
Routh (2018) studied the existence of delinquency profiles for both males and
females and the likelihood of recidivism for five recidivistic outcomes. Malesappeared
to be impulsive substance abuser, low needs with delinquency history, complex
treatment needs, criminally diverse, and opportunistic/diverse delinquency history.
While females emerged as substance abuse risk/low needs, substance abuser with
history of violence, normative juvenile delinquent, complex treatment needs with
delinquency history, and extensive treatment needs.
The study of Sedlak and Bruce assessed the differences among subgroups based
on their age, sex, and placement program (i.e., detention, corrections, community
based, camp, or residential treatment). Findings showed that majority are males
wherein females rate is less than one-fifth the rate for males. They belong to the age
range of 16 or 17 years old, and white non-hispanic. Thirty-one had just one offense,
33 % with two or three offenses, and the 34% with four or more offenses. Property
offenses ranked is the top most offense of the respondents, followed by person
offenses and status offenses.
Hillege et al., (2017) disclosed that serious juvenile offenders have sexual
problems, antisocial identity and mental health problems, lack of empathy and
conscience, flat profile, family problems, substance use problems, and sexual,
cognitive and social problems.
Margari et al., (2015) identified the profiles of the Juvenile Sexual Offenders (JSOS)
and Juvenile Non Sexual Offenders (JNSOs) in some domains, such as living in single-
parent homes, while maintain some common aspects such as academic failure and
previous sexual intercourse. The JNSOS showed more abnormal personality traits,
such as authority problems, MacAndrew alcoholism, acknowledgement and alcohol-
drug problem proneness compared to JSOS and the Control Group, while JSOS and
JNSOS use a coping strategy more oriented to avoidance and distraction compared to
the control group. Finally, JSOS described the relationships with fathers characterized
by higher care and protection than JNSOS.
Chapter II
Theories of Juvenile Delinquency
This unit will provide the learners an in-depth understanding on the existence of
juvenile delinquency.
The theory of delinquency is a set of logically related propositions that explains why
and how selected concepts are related to delinquent behavior. A theory offers a
logically developed argument that certain concepts are important in causing
delinquent behavior. The purpose of theory, then, is to explain juvenile delinquency
(https://us.sagepub.com/ sites/default/files/upm-assets/104796_book_item_104796.
pdf)
No single theoretical orientation can adequately explain the multiple variables and
factors that cause delinquent behavior, so criminologists have taken the best parts of
different social theories and combined them to explain crime and delinquency.
Classical Theory - Cesare Beccaria and Jeremy Bentham
It assumes that crime results from a rational process in which offenders make
decisions and choices, often planning their criminal activity so as to maximize the
benefits and avoid the risks (Cornish & Clarke, 1986). Crime is explained as a free will,
voluntary choice. Persons commit a crime simply because they made a rational
decision to do so. In choice, criminal offenders could be deterred by punishment.
Routine Activity Theory
Crime is related to the interaction of three variables associated with the "routine
activities" of everyday life: the availability of suitable targets of crime; the absence of
capable guardians; and the presence of motivated offenders.
Example: In the crime of theft, it is assumed that when more homes are unoccupied
due to more persons employed (and fewer neighbors, family members, or relatives
looking after them), they are more likely to be targeted by unemployed teens or young
adults.
The routine activity approach links delinquency to social conditions that increase
opportunities for crime; likewise, they emphasize the role that the victim's lifestyle and
behavior play in the crime process. Felson (1994) described how growth and social
changes in cities, neighborhoods, and schools have increased the likelihood of crime
occurring.
Strain Theory
The theory explains that delinquency as caused by the "strain" or frustration of not
having an equal opportunity or means to achieve commonly idealized goals such as
economic or social success.
Robert Merton (1957) was an eminent social theorist who elaborated strain theory
from Emile Durkheim's concept of "anomie" or "normlessness." Merton applied
Durkheim's anomie theory as a means to explain how crime might result from the
rapidly changing conditions in society; especially in societies where competition for
success, wealth, and material goods are highly valued. Social disorganization leads to
uncertainty, confusion, and shifting moral values, referred to as anomie or
normlessness. Conditions of anomie exist when the rule of law is weakened and
becomes powerless to maintain social control.
Strain Theory emphasizes that most people share similar values, goals, and
aspirations; but many people do not have equal ability or means to achieve goals,
such as economic or social success. The discrepancy between what persons want and
their limited opportunities to achieve them produces frustration, or "strain." The strain
and frustration resulting from blocked opportunities increase the likelihood that some
individuals will use deviant and illegitimate means to achieve their goals.
Social Process Theories
Social process explanations of delinquency focus not on societal structures but on
social interactions between individuals and environmental influences that may lead to
delinquent behavior.
Differential Association Theory (Edwin Sutherland). Delinquency is a learned
behavior as youth interact closely with other deviant youth.
Control Theory. A social process explanation that focuses on social bonds that
reduce the risk of delinquent involvement. Delinquency is more likely among youth
who lack social bonds and positive social interactions among parents and peers.
Self-Control Theory (General Theory of Crime)
This theory constituted a reassertion of the classical school's initial contention that
individuals seek personal pleasure while avoiding pain (Beccaria, 1764/1963) which
simply means that people are motivated by self-interest. Low self-control was the
general, antecedent cause of forceful/ fraudulent acts "undertaken in pursuit of self-
interest" (Gottfredson and Hirschi, 1990).

Differential Identification Theory

The theory of differential identification view that a person pursues criminal behavior
to the extent that he identifies himself with real or imaginary persons from whose
perspective his criminal behavior seems acceptable.
Sociological Theories
social influences on individuals caused by the structure of Sociological explanations of
delinquency emphasize society, societal change, social disorganization, sub-cultural
differences, and social processes that influence behavior. Social structure theories
claim that forces such as social disorganization, status frustration, and cultural
deviance lead lower-class youths to become involved in delinquent behavior.
Developmental or Life-Course Explanations attempt to account for differences
between offenders who begin offending at an early age and continue offending, and
those who begin in adolescence and grow out of it.
Intersectional Theories take into account different interpenetrating social
dynamics, such as those that involve race, class, and gender.
Critical Criminology
Critical criminology is a theoretical perspective in criminology which focuses on
challenging traditional understandings and uncovering false beliefs about crime and
criminal justice, often but not exclusively by taking a conflict perspective that includes
multiple and sometimes overlapping perspectives that included Marxism, Feminism,
Political Economy Theory, Strain Theory, and/or Critical Theory.
Critical criminology advocates a perspective that aims to integrate an understanding
of the different causes of crime and the nature of justice' in order to evaluate how
these things may be occasioned by frameworks of power that reflect social class and
status inequalities.
Feminist Theories
Feminist approaches criminology aim to do more than merely insert the experiences
of women into masculine perspectives of crime and criminal justice. Feminist theorists
are in this respect engaged in a project to bring a gendered dimension to criminological
theory. Feminist theory provides "a general approach to understanding the status of
women in society" (Williams 2000, p. 9)
Labeling Theory
Labelling theory is not concerned with why people originally engage in act that result
in their being labelled but it is with criminal career formation and not the origin of
criminal acts. A person is deviant primarily because of the social distance between the
labeler and the labelled.
People become criminals when significant members of society label them as such and
they accept those labels as personal identity. Throughout their lives people are given
a variety of symbolic labels in their interactions with others. These labels imply a
variety of behaviors and attitudes; labels thus help define not just one trait but the
whole person.
Attention-deficit Hyperactivity Theory
Juvenile delinquency is caused by immaturity and hyperactivity like grade schoolers
characterized by short attention span, daydreaming, sluggishness, preoccupation, and
impulsiveness.
Frustration-aggression Theory
People who are frustrated will act aggressively. Frustration develops when a person
experiences the blocking of some goals due to involved hopes and unfulfilled
expectations.
Aggression - behavior whose goal is to inflict damage or injury on some objects or
persons.
Latent Trait Theory
Latent trait theories hold that some underlying condition present at birth or soon after
controls behavior. Suspect traits include low IQ, impulsivity, and personality structure.
This underlying trait explains the continuity of offending because, once present, it
remains with a person throughout his or her life. People have a personal characteristic
that controls their inclination to commit crimes (https://
college.cengage.com/criminal_justice/criminaljustice).
Examples of latent traits include:
• Defective intelligence
• Damaged or impulsive personality
• Genetic abnormalities
• Physical-chemical functioning of the brain and
• Environmental influences on the brain such as drugs, chemicals, and injuries
Life Course Theories
Life course theories represent an integrated approach to explaining criminality, and
accept that multiple social, personal, economic, and other factors influence crime. It
argues that in order to understand criminality, one must consider these multiple causal
factors over the life course, and that different factors may be more or less important
at varying stages within the life course and may serve to initiate, reinforce, or even
reduce criminal activity.
As people make important transitions in their lives. from childhood to adolescence,
from adolescence to adulthood. from unmarried to married, or from unemployed to
employed for example, the nature of their social interaction changes, and so too does
the importance of various causal influences on criminality. As a consequence, levels
of criminal activity also change (McGee and Farrington, 2019).
Categories of Family-based Risk
1. Factors related to family dynamics and functioning
Risk factors in this category include:
• Ineffective parental behavior (e.g., poor supervision, over-permissiveness,
inconsistent or overly strict discipline, a weak bond of affection and the inability
to set clear limits);
• Parental and/or sibling criminality;
• Family conflicts;
• Mistreatment during childhood (e.g., being a victim of, or witness to, violence,
neglect, physical and/or sexual and/or psychological abuse); and Parental
substance abuse.
Protective factors in this category include:
1. A close and positive bond with parents (e.g., the presence of an affectionate
relationship, a supportive environment and parents who are respectful of their child's
friends); and
2. Adequate parental behavior/practices (e.g., consistent disciplinary methods,
sufficient parental supervision).
2. Factors related to Family Characteristics
Risk Factors
• Single parenthood (i.e., a lone-parent family); Mental health of parents;
• The number of children in the family; The past/life-history experiences of
parents;
• Having a young mother; and Instability in the family (e.g., unpredictable family
income, multiple family transitions, broken home).
Protective Factors in this category include:
• Parental level of education;
• Financial stability; and
• Stability of the family unit.
3. Factors related to the neighborhood or area of residence
Risk factors in this category include:
• The presence of criminal elements (e.g., crime, young offenders and/or youth
gangs);
• Living in a disadvantaged neighborhood (e.g., poverty); and
• The availability of illicit and/or illegal goods (e.g., drugs, firearms).

Protective factors in this category include:

The integration of families into the community (e.g., being active and participating in
community, extracurricular and/or scholastic activities); and positive community
supports (e.g., relationship-building with neighbours, availability of resources and
services).
Implications:
Understanding the family-based risk and protective factors that influence delinquent
behavior can help to enhance the design and development of effective crime
prevention programs for vulnerable families. At present, there are three categories of
family-based interventions that show promise as crime prevention strategies: parental
training, family therapy or integrated approach programs that involve several key
partners (e.g., health and social services, education, justice, substance abuse, mental
health). Research has demonstrated that by targeting family-based risk factors, and/or
reinforcing protective factors, these programs can have an impact on reducing the
incidence of juvenile delinquency.
Several studies on the factors that influences the commission of delinquent
acts.
Internal factors: parental relationship, sibling relationship and home environment
External factors: environment outside home, peer pressure, and community rules)
influence the respondents to commit delinquent acts
Abella (2016) disclosed in his study that the environment outside home (2.57), peer
pressure (2.62) and community rule (2.61) influences the lives of children in conflict
with the law to a great extent. A strong positive relationship with the internal factors
and the external factors. Bocar et al. (2014) revealed that environment often causes
the youth to misbehave while family and school occasionally cause the juvenile to have
conflict with law.
Consequently, Patowary and Gopalan (2019) revealed that resilience factors like
emotional insight, empathy, and availability of the family, connection with family,
negative cognition and social skills are correlated with delinquent behavior.
Temperamental characteristics like activation control, attention, inhibitory control and
perceptual sensitivity is negatively correlated with the delinquent behavior while
aggression is positively correlated. The attachment with mother and peers play an
important role in exhibiting delinquent behavior.
Malik et al., (2018) studied about personality which refers to the stable pattern of
behavior, thoughts, or actions that distinguish one person from another. They profile
the personality of juvenile delinquents. Most of the people involved in criminal
activities face relationship issues either with the family members or with peers. Social
and cultural factors have emerged to be some of the major contributors to the act of
delinquency by juveniles. According to Mwangangi (2019) the family-related factors
like parental attitudes, the degree of family cohesion, physical violence, and
uninvolved parenting have an effect on the crime commission of a child. On the other
hand, non-family factors like failure of the juvenile justice system, poverty, a lack of
access to education, drug abuse and genetic problems influenced juvenile
delinquency.
Family Conditions, and the Role of the Parents and Teachers against
Delinquency
Children are the priceless gift from God and are the treasure of one family. The family
and the community have the primal role in shaping the totality of these children.
However, due some circumstances some children deviate from the standard norms
and become in conflict with the promulgated laws (Abella, 2016).
Mwangangi (2019) stated that families foster socialization, economic support,
nurturing, protection of vulnerable members, and perpetuating the family grouping. It
has the three basic goals of economic self-sufficiency, improving family circumstances
and perpetuating their existence.
Family conditions play a vital role in protecting juvenile however it also pushes them
to delinquency. Various studies found out that there are several notable family- related
factors that impact on child crime like parental attitudes, the degree of family
cohesion, physical violence, and uninvolved parenting. Non-family factors that impact
on juvenile delinquency, include the failure of the juvenile justice system, poverty, a
lack of access to education, drug abuse and genetic problems.
Studies of juvenile delinquency have shown that the family environment can present
as either a risk or protective factor. A risk factor is a characteristic that, when present,
promotes the adoption of harmful behavior (e.g., delinquency).
Research has shown that as the number of risk factors to which youth are exposed
increases, so does the probability that he/she will engage in delinquent behaviors.
Moreover, the presence of one risk factor may promote the existence of another risk
factor, which in turn leads to a greater likelihood of problematic behavior. Families
exposed to multiple risk factors are considered "vulnerable families" or "at-risk
families." In contrast, a protective factor is a characteristic that offsets the negative
effects of risk factors and reduces the likelihood of delinquency.
Being able to identify and understand the effects of these family-based risk and
protective factors is important in preventing children and youth from becoming
involved in illegal, harmful, and/or inappropriate conduct.
A functioning family is beneficial to a child than a dysfunctional one (Kimani, 2010).
In many cultures, the family has been seen as the central socializing institution
responsible for instilling in youth a set of norms, values, beliefs, and ideals (Loury,
1987). Family is important throughout the period of early adolescence. During early
adolescence, developmental transformations are likely to result in changes in
adolescents' needs within the family (Pandey & Negi, 1995).
However, it is generally agreed that a number of factors that play an important part
in a youngster's delinquent behavior can be divided into two groups, individual factors
and situational factors (Sharma, Dhillion,2009). Just as the causal factors of
delinquency are diverse and numerous, so are the definitions. Sociologists define
deviance as any behavior that members of a social group define as violating their
norms. This concept applies both to criminal acts of deviance as well as to non-criminal
acts that members of a group view as unethical, immoral, peculiar, sick, or otherwise
outside the bounds of respectability (Sharma, Dhillon, 2001). In India, the concept of
delinquent behavior is confined to the violation of the ordinary Penal Laws of Country
carried out by boys or girls up to the age of eighteen years. State laws prohibit two
types of behavior for juveniles: the first includes behavior, which is criminal for adults,
as for example, murder, rape, fraud, burglary, robbery, etc. and the second includes
status offenses like running away from home, unruly or ungovernable truancy, etc.
The distinctive role of children and adolescents in Indian families and their
interdependency with the family members tends to last much longer compared to
many other developed countries (Madan, 1990; Simhadri, 1989). Parents play the
primary role in socializing their children in India (Gupta, 1987; Shukla, 1994). Indian
adolescents are faced with various problems such as juvenile delinquency, alcohol and
drug abuse, illiteracy, school dropout, low educational attainment, and family violence
(Agarwal, 1989; Parikh & Krishna, 1992; Sarkar, 1988). Among adolescents, early
adolescence (ages 10-15) has been associated with higher levels of conflict with
parents (Poduthase, 2012), and adolescent-parent relationships may be transformed
dramatically during this period Furthermore, research has found that conflicting quality
of parent-adolescent relationships leads to adolescent maladjustment. Adolescent
deviant behavior from the social norms is also associated with parents' relationship
with adolescents. In a study conducted by (Poduthase, 2012) they identified three
major factors of family process. They are parental guidance, parental involvement and
parental attachment that have effects on delinquent behavior.
When considering the development of an adolescent, the quality of parent-adolescent
relationships is vital. In a study by Chao (2001), the closeness of parent-adolescent
relationships explained the beneficial effect of authoritative control. Parents play the
primary role in socializing their children in India (Gupta, 1987; Shukla, 1994).
Uwo et al. believe that the proper nurturing of children is the primary responsibility of
parents, because the values given to children and the type of training, they receive
from their parents seem to largely determine their future life- style. Parents help their
children establish certain behavioral attitudes, and once established these attitudes
are difficult to change or suppress. Parents who instill antisocial attitudes and
behaviors in their children encourage such attitudes to persist into adulthood
(Mwangangi, K., 2019).
Child development has emotional, intellectual, social and physical aspects, with the
family being the foundation upon which this development occurs. The family structure
plays an important role in shaping a child by providing security and developing their,
values and skills. Family is a critical element for child development (Mwangangi, 2019).
Adolescent deviant behavior from the social norms is also associated with parents'
relationship with adolescents. In a study conducted by (Poduthase, 2012) they
identified three major factors of family process. They are parental guidance, parental
involvement and parental attachment that have effects on delinquent behavior.Yuksek
and Solakuglo (2016) states that an adolescent's social bonds with his/her parents,
peers, and schools had significant and diverging effects on delinquency. The bonds to
parents and peers have moderating effects on how school bonds affect delinquency.
The schools realized its fight against juvenile delinquency thus it engages with various
strategies to reduce crime. Adherence to appropriate disciplinary practices is a must
to gain compliance of students. Fissels, Wilcox and Tillyer (2019) confirmed that
students' perceptions of injustice were significantly related to in-school delinquency,
while proactive and reactive discipline practices, spanning the punitiveness continuum,
were not. The provision of a school-based discipline management policies and
practices is necessary.
Children who experienced childhood maltreatment are common for youth involved in
the juvenile justice system. Wilkinson, Lantos and Winslow (2019) investigated the
potential protective factors at the peer, family, school, and neighborhood levels that
disrupt the relationship between maltreatment and later non-violent and violent
offending behavior and how these protective effects vary by a number of different
sociodemographics. Results showed that for violent offending, school connection,
high-quality relationships with mother or father figures, and neighborhood collective
efficacy were all generally protective. It implies that all were associated with lower
levels and shallower slopes of predicted violent offending, but they were not more or
less protective for those who experienced maltreatment. As regards to non-violent
offending, the same was true of school connection, high- quality relationships with a
mother figure, and neighborhood collective efficacy, which were all generally
protective. Further, there was no evidence of a protective effect for time spent with
friends, though this is likely due to measurement constraints, as simply measuring
time spent with friends may have heterogeneous effects on delinquent behaviors.
The direction of the causal link between education and juvenile delinquency is
fundamentally complex. Early aggressive behavior may lead to difficulties in the
classroom. Such difficulties, in turn, may result in a child's receiving unfavorable
evaluations from teachers or peers.
In a classroom, a teacher uses discipline to ensure routine is maintained, school rules
are enforced, and the students are in a safe learning environment. The goal of
discipline is to ensure each student receives the most from their education. The
importance of discipline. Disciplining children is important to create a safe and fun
learning environment. Discipline requires knowledge, skill, sensitivity and self-
confidence; like any art, it is something that one will acquire through training and
experience; it becomes easier with practice.

Maintaining Classroom Discipline

• Know school guidelines for discipline procedures.
• Be fair, positive and consistent. ...
• Provide a list of standards and consequences to parents and students. ...
• Keep your classroom orderly. ...
• Get to know your students. ...
• Let the students know you care. ...
• Treat students with the same respect you expect from them; keep confidences.
Though teachers usually develop their own styles of discipline for their classrooms,
most discipline strategies can be categorized into three main styles or approaches.

Chapter III
Legal Approaches on Juvenile Protection
This unit will offer awareness on how children are protected to ensure their safety in
any situation based on legal provisions of the law and the different juvenile
delinquency prevention strategies.
Parental Rights and Disciplinary Authority
Parenting is the process of raising children and providing them with protection and
care in order to ensure their healthy development into adulthood (Hendricks, 2005,
Britannica.com).
According to Sanders and Turner (2018) the quality of parenting children receive
during childhood and adolescence influences their developmental competence and life
course flight. Parent-child relationship has various impact on children like the
development of their language and communication, executive function and self-
regulation, sibling and peer relationships, academic attainment, and mental and
physical health. Parents play an influential role in molding and shaping the behavior
of adolescents (Sarwar, 2016).
Concepts of Good Parenting
Good parenting involves a great deal of consistency and routine, which gives children
a sense of control. It focuses on developing independence in children which involves
a style that considers children's age and stage of development. Good parenting aims
at socializing kids which helps children expand their social horizons. It also develops
a growth mindset in kids rather than a mindset that says that a child's intelligence is
fixed (Grose, 2015).
Moreover, good parenting focuses on encouragement over praise, consequences over
punishment and cooperation over obedience. It trains children to help at home without
being paid so that learn to be givers, not takers. Good parenting take into
consideration the children's birth order, personality and gender differences.
Parenting Styles
As cited by Bi et al., (2018) parenting style refers to the constellation of parents'
attitudes and behaviors toward children and an emotional climate in which the parents'
behaviors are expressed (Darling and Steinberg, 1993).
Types of Parenting Styles (Maccoby and Martin, 1983; Baumrind, 1991).
1. Authoritative Parenting Style
It is characterized as high in responsiveness and demandingness. They do not only
support and warmth, but also clearly define rules and consistent discipline (Baumrind,
1991). It encourage a child to be responsible, to think for themselves and to consider
the reasons for rules
Responsiveness is "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" (Baumrind 1991).
Demandingness refers to the claims parents make on children to become integrated
into the family whole, by their maturity demands, supervision, disciplinary efforts and
willingness to confront the child who disobeys (Baumrind 1991).
2. Authoritarian Parenting Style
It is described as low in responsiveness but high in demandingness. Uses hostile
control or harsh punishment 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 set proper disciplinary, exhibit
behavioral control, or make demands for mature behaviors. They are responsive and
warm (a good thing) but also reluctant to enforce rules (a bad thing).
4. Neglectful (Uninvolved) Parenting Style
It is characterized 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.
The study of Sarwar (2016) confirmed that authoritarian parenting style leads the
children to become rebellious and adopt problematic behavior due to more than
necessary power exercised on children by parents. It was noted that authoritative
parenting style is effective for children, as it encourages moderate parenting style.
Parents who spend maximum time with their children reduce the probability of
developing delinquent behavior among their children. Spending more time together
with the adolescents reciprocate through reducing their problematic behaviors.
Parental Authority
Joint Parental Authority. Father and Mother. Exercise jointly just and reasonable
parental authority and responsibility over their legitimate or adopted children. In case
of disagreement, the father's decision shall prevail unless there is a judicial order to
the contrary.
In case of the absence or death of either parent, the present or surviving parent shall
continue to exercise parental authority over such children, unless in case of the
surviving parent's remarriage, the court, for justifiable reasons, appoints another
person as guardian.
In case of separation of his parents, no child under five years of age shall be separated
from his mother unless the court finds compelling reasons to do so.
Grandparents shall be consulted on important family questions but they shall not
interfere in the exercise of parental authority by the parents.
Absence or Death of Parents. - Grandparents and in their default, the oldest
brother or sister who is at least eighteen years of age, or the relative who has actual
custody of the child, shall exercise parental authority in case of absence or death of
both parents, unless a guardian has been appointed in accordance with the succeeding
provision.
Guardian. The court may, upon the death of the parents and in the cases mentioned
in Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and property
of the child, on petition of any relative or friend of the family or the Department of
Social Welfare.
Dependent, Abandoned or Neglected Child. - Shall be under the parental
authority of a suitable or accredited person or institution that is caring for him as
provided for under the four preceding articles, after the child has been declared
abandoned by either the court or the Department of Social Welfare.
Rights of Parents
Primary Right of Parents. Right to the company of their children and, in relation to
all other persons or institutions dealing with the child's development, the primary right
and obligation to provide for their upbringing.
Rights Under the Civil Code. Parents shall continue to exercise the rights
mentioned in Articles 316 to 326 of the Civil Code over the person and property of the
child.
Right to Discipline Child. Parents have the right to discipline the child as may be
necessary for the formation him obedience to just and reasonable rules, suggestions
and admonitions.
Duties of Parents
General Duties. Parents shall have the following general duties toward their children:
1. give him affection, companionship and understanding;
2. extend to him the benefits of moral guidance, self- discipline and religious
instruction;
3. supervise his activities, including his recreation;
4. inculcate in him the value of industry, thrift and self- reliance;
5. stimulate his interest in civic affairs, teach him the duties of citizenship, and develop
his commitment to his country;
6. advise him properly on any matter affecting his development and well-being;
7. always set a good example;
8. provide him with adequate support, as defined in Article 290 of the Civil Code; and
9. administer his property, if any, according to his best interests, subject to the
provisions of Article 320 of the Civil Code.
Family Affairs. Whenever proper, parents shall allow the child to participate in the
discussion of family affairs, especially in matters that particularly concern him. In cases
involving his discipline, the child shall be given a chance to present his side.
Winning Child's Confidence. Parents shall endeavor to win the child's confidence
and to encourage him to conduct with them on his activities and problems.
Child Living Away from Home. If by reason of his studies or for other causes, a
child does not live with his parents, the latter shall communicate with him regularly
and visit him as often as possible. The parents shall see to it that the child lives in a
safe and wholesome place and under responsible adult care and supervision.
Special Talents. - Parents shall endeavor to discover the child's talents or aptitudes,
if any, and to encourage and develop them.
Reading Habit. The reading habit should be cultivated in the home. Parents shall,
whenever possible, provide the child with good and wholesome reading material,
taking into consideration his age and emotional development. They shall guard against
the introduction in the home of pornographic and other unwholesome publications.
Association with Other Children. Parents shall encourage the child to associate
with other children of his own age with whom he can develop common interests of
useful and salutary nature. It shall be their duty to know the child's friends and their
activities and to prevent him from falling into bad company. The child should not be
allowed to stay out late at night to the detriment of his health, studies or morals.
Community Activities. Parents shall give the child every opportunity to form or join
social, cultural, educational, recreational, civic or religious organizations or movements
and other useful community activities.
Social Gatherings. When a party or gathering is held, the parents or a responsible
person should be present to supervise the same.
Vices. Parents shall take special care to prevent the child from becoming addicted to
intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or harmful
practices.
Choice of career. The child shall have the right to choose his own career. Parents
may advise him on this matter but should not impose on him their own choice.
Marriage. Subject to the provisions of the Civil Code, the child shall have the
prerogative of choosing his future spouse. Parents should not force or unduly influence
him to marry a person he has not freely chosen.
Liabilities of Parents
Torts. Parents and guardians are responsible for the damage caused by the child
under their parental authority in accordance with the Civil Code.
Crimes. Criminal liability shall attach to any parent who:
1. Conceals or abandons the child with intent to make such child lose his civil status.
2. Abandons the child under such circumstances as to deprive him of the love, care
and protection he needs.
3. Sells or abandons the child to another person for valuable consideration.
4. Neglects the child by not giving him the education which the family's station in life
and financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article
72.
6. Causes, abates, or permits the truancy of the child from the school where he is
enrolled.
"Truancy" -absence without cause for more than twenty school days, not necessarily
consecutive. It shall be the duty of the teacher in charge to report to the parents the
absences of the child the moment these exceed five school days.
7. Improperly exploits the child by using him, directly or indirectly, such as for
purposes of begging and other acts which are inimical to his interest and welfare.
8. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignitions and other excessive chastisement that embarrass or humiliate him.
9. Causes or encourages the child to lead an immoral or dissolute life.
10. Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership.
11. Allows or requires the child to drive without a license or with a license which the
parent knows to have been illegally procured. If the motor vehicle driven by the child
belongs to the parent, it shall be presumed that he permitted or ordered the child to
drive.
"Parents" include the guardian and the head of the institution or foster home which
has custody of the child.
Rights, Welfare, and Protection of Children under applicable Laws
P.D. 603 (The Child and Youth Welfare Code of 1974)
It is mandated to coordinate the implementation and enforcement of all laws,
formulate, monitor and evaluate policies, programs and measures for children.
Principles
Child:
> One of the most important assets of the nation so it is a duty to promote his welfare
and enhance his opportunities for a useful and happy life.
 > Is not a mere creature of the State. Traits and aptitudes should be cultivated to
the utmost insofar as they do not conflict with the general welfare.
> Molding of the character of the child start at the home. Every member of the family
should strive to make the home a wholesome and harmonious place as its atmosphere
and conditions will greatly influence the child's development.
> The natural right and duty of parents in the rearing of the child for civic efficiency
should receive the aid and support of the government.
> Other institutions, like the school, the church, the guild, and the community in
general, should assist the home and the State in the endeavor to prepare the child for
the responsibilities of adulthood.
Coverage: persons below twenty-one years of age except those emancipated in
accordance with law. "Child" or "minor" or "youth" as used in this Code.
Rights of the Child.
1. Right to be born well.
2. Right to a wholesome family life that will provide him with love, care and
understanding, guidance and counseling, and moral and material security.
3. Right to a well-rounded development of his personality to the end that he may
become a happy, useful and active member of society.
4. Right to a balanced diet, adequate clothing, sufficient shelter, proper medical
attention, and all the basic physical requirements of a healthy and vigorous life.
5. Right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.
6. Right to an education commensurate with his abilities and to the development of
his skills for the improvement of his capacity for service to himself and to his
fellowmen.
7. Right to full opportunities for safe and wholesome recreation and activities,
individual as well as social, for the wholesome use of his leisure hours.
8. Right to protection against exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical, mental, emotional, social and
moral development.
9. Right to live in a community and a society that can offer him an environment free
from pernicious influences and conducive to the promotion of his health and the
cultivation of his desirable traits and attributes.
10. Right to the care, assistance, and protection of the State, particularly when his
parents or guardians fail or are unable to provide him with his fundamental needs for
growth, development, and improvement.
11. Right to an efficient and honest government that will deepen his faith in democracy
and inspire him with the morality of the constituted authorities both in their public and
private lives.
12. Right to grow up as a free individual, in an atmosphere of peace, understanding,
tolerance, and universal brotherhood, and with the determination to contribute his
share in the building of a better world.
Responsibilities of the Child.
1. Strive to lead an upright and virtuous life in accordance with the tenets of his
religion, the teachings of his elders and mentors, and the biddings of a clean
conscience;
2. Love, respect and obey his parents, and cooperate with them in the strengthening
of the family;
3. Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
4. Exert his utmost to develop his potentialities for service, particularly by undergoing
a formal education suited to his abilities, in order that he may become an asset to
himself and to society;
5. Respect not only his elders but also the customs and traditions of our people, the
memory of our heroes, the duly constituted authorities, the laws of our country, and
the principles and institutions of democracy;
6. Participate actively in civic affairs and in the promotion of the general welfare,
always bearing in mind that it is the youth who will eventually be called upon to
discharge the responsibility of leadership in shaping the nation's future; and
7. Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their
common aspirations for programs and prosperity, and the furtherance of world peace.
Commencement of Civil Personality. - Child civil personality commence from the
time of his conception, for all purposes favorable to him, subject to the requirements
of Article 41 of the Civil Code.
Youthful offenses. Those committed by a child, minor or youth, including one who
is emancipated in accordance with the law, who is over nine but under 18 years old
at the time of the commission of the offence (PD 603)
A child under nine years of age at the time the offence was committed is exempt from
criminal liability (RPC).
This is also called the "age of absolute irresponsibility". However, when a youthful
offender, at the time of the commission of the offence, is over nine years and over
fifteen years, the law makes a distinction. If the minor acted without discernment, he
or she is exempt from criminal liability. On the contrary, if one acted with discernment,
he or she is criminally liable.
"Discernment" refers to the mental capacity of the minor to understand the
difference between right and wrong.
R.A. 7610 (Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act)
This law significantly provides protection to children. The State shall intervene on
behalf of the child when the parent, guardian, teacher or person having care or
custody of the child fails or is unable to protect the child against abuse, exploitation
and discrimination or when such acts against the child are committed by the said
parent, guardian, teacher or person having care and custody of the same. It also
upholds the best interests of children and promote their welfare and enhance their
opportunities for a useful and happy life.
Child abuse. The maltreatment, whether habitual or not, of the child which includes:
1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
2. Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
3. Unreasonable deprivation of his basic needs for survival, such as food and shelter;
or
4. Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
1. Child Prostitution and Other Sexual Abuse. Children, whether male or female,
who for money, profit, or any other consideration or due to the coercion or influence
of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution and other sexual abuse.
Penalty: reclusion temporal in its medium period to reclusion perpetua
a) Engage in or promote, facilitate or induce child prostitution
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
badvertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse
(c) Those who derive profit or advantage therefrom, whether as manager or owner of
the establishment where the prostitution takes place, or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a cover or which engages
in prostitution in addition to the activity for which the license has been issued to said
establishment.
Attempt To Commit Child Prostitution. When any person who, not being a
relative of a child, is found alone with the said child inside the room or cubicle of a
house. an inn, hotel, motel, pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under circumstances which would
lead a reasonable person to believe that the child is about to be exploited in
prostitution and other sexual abuse.
2. Child Trafficking. Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money,
or for any other consideration, or barter.
Penalty: Reclusion temporal to reclusion perpetua
Attempt to Commit Child Trafficking.
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(b) When a person, agency, establishment or child-caring institution recruits women
or couples to bear children for the purpose of child trafficking; or
(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(d) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who
can be offered for the purpose of child trafficking.
Penalty: lower two (2) degrees than that prescribed for the consummated
felony under Section 7 hereof shall be imposed upon the principals of the
attempt to commit child trafficking under this Act.
3. Obscene publications and indecent shows.
a. Any person who shall hire, employ, use, persuade, induce or coerce a child to
perform in obscene exhibitions and indecent shows, whether live or in video, or model
in obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.
b. If the child used as a performer, subject or seller/ distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Penalty: Prision mayor in its medium period.
4. Other acts of abuses. Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development.
5. Circumstances which threaten or endanger the survival and normal
development of children.
Working Children
Employment of Children. Children below fifteen (15) years of age may be employed
except:
1. Child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer's family are employed: Provided, however,
That his employment neither endangers his life, safety and health and morals, nor
impairs his normal development: Provided, further, That the parent or legal guardian
shall provide the said minor child with the prescribed primary and/or secondary
education; or
2. Child's employment or participation in public & entertainment or information
through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or guardian, with
the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment:
Provided, That the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skill
acquisition of the child. In the above exceptional cases where any such child may be
employed, the employer shall first secure, before engaging such child, a work permit
from the Department of Labor and Employment which shall ensure observance of the
above requirement.
Non-formal Education for Working Children. Promoting the intellectual, moral
and vocational efficiency of working children who have not undergone or finished
elementary or secondary education.
Prohibition on the Employment of Children in Certain Advertisements. No
person shall employ child models in all commercials or advertisements promoting
alcoholic beverages, intoxicating drinks, tobacco and its byproducts and violence.
Discrimination. Children of indigenous cultural communities shall not be subjected
to any and all forms of discrimination.
Children in Situations of Armed Conflict
Children as Zones of Peace. The responsibility of the State and all other sectors
concerned to resolve armed conflicts in order to promote the goal of children as zones
of peace.
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel,
inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in
the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved
in fact-finding missions from both government and non-government institutions shall
be ensured. They shall not be subjected to undue harassment in the performance of
their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
(1) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
Evacuation of Children During Armed Conflict. Children are priority for
evacuation and must be accompanied by persons responsible for their safety and well-
being.
Family Life and Temporary Shelter. Members of the same family shall be housed
in the same premises and given separate accommodation from other evacuees and
provided with facilities to lead a normal family life. In places of temporary shelter,
expectant and nursing mothers and children shall be given additional food in
proportion to their physiological needs. Whenever feasible, children shall be given
opportunities for physical exercise, sports and outdoor games.
Rights of Children Arrested for Reasons Related to Armed Conflict.
(a) Separate detention from adults except where families are accommodated as family
units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty- four (24) hours
Who May File a Complaint. Complaints on cases of unlawful acts committed against
the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Protective Custody of the Child. - The offended party is placed under the
protective custody of the Department of Social Welfare and Development pursuant to
Executive Order No. 56, series of 1986. Confidentiality. At the instance of the
offended party, his name may be withheld from the public until the court acquires
jurisdiction over the case.
Republic Act No. 9231 An Act Providing For The Elimination Of The Worst Forms
Of Child Labor And Affording Stronger Protection For The Working Child, Amending
For This Purpose Republic Act No. 7610, As Amended, Otherwise Known as the
"Special Protection Of Children Against Child Abuse, Exploitation And Discrimination
Act"
RA 9231 limits children's work time to not more than four hours in any given day and
not more than 20 hours a week. The working child is not allowed to work between 8
pm and 6 am of the following day.
RA 9262 An act defining violence against women and their children, providing for
protective measure for victims, prescribing penalties therefore, and for other
purposes. (Anti- Violence Against Women and Their Children Act of 2004.
Recognizing "the need to protect the family and its members particularly women and
children from violence and threats to their personal safety and security"
Republic Act No. 11188 An Act Providing for the Special Protection of Children in
Situations of Armed Conflict and Providing Penalties for Violations Thereof
It shall be the policy of the State to provide special protection to children in situations
of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination and
other conditions prejudicial to their development, taking into consideration their
gender, cultural, ethnic and religious background.
Republic Act No. 9208
An Act to Institute the Policies to Eliminate Trafficking in Persons Especially Women
and Children, Establishing the Necessary Institutional Mechanisms for the Protection
and Support of Trafficked Persons, Providing Penal Penalties For its Violations, and
For Other.
Republic Act 10364 ("Expanded Anti-Trafficking in Persons Act of 2012"
An Act Expanding RA 9208, Entitled "An Act to Institute Policies to Eliminate Trafficking
in Persons Especially Women and Children, Establishing the Necessary Institutional
Mechanisms for the Protection and Support of Trafficked Persons, Providing Penalties
for the Protection and Support of Trafficked Persons.
Juvenile Delinquency Prevention Programs
Department of Social Welfare and Development
1. Preventive Strategies
Youth opportunities for growth
(i) Free secondary education. The enactment of Republic Act 6655 or the Free
Secondary Education Act of 1988 provided for free secondary education to youths in
national high schools, comprehensive high schools, state universities and colleges,
specialized schools, trade schools, technical schools, vocational schools, fishery and
agricultural schools and other public schools.
(ii) Sikap Kabataang Pinoy (SIKAP) - is designed to ensure the youth's participation in
community service and exposes them to actual private and government operations.
Provides employment opportunities, although limited, for the youth.
(iii) The Unlad Kabataan (Youth Development Programme - Geared toward the total
development of the disadvantaged youth in terms of spiritual. economic, physical,
psychological, cultural and social development.
iv) Education and organization of out-of-school youths. Provide opportunities to
participate in socio-cultural activities, livelihood projects, community activities and
training programmes. They are also taught the value of leadership and education.
They are often asked to attend seminars on premarital sex, substance abuse,
pregnancy and contraception, violence, smoking, drinking, suicide, STDS/HIV/ AIDS,
abortion and homosexuality.
(v) Information and education activities -raising the awareness of the public in
protecting the rights and promoting the welfare of children through intensified
information, education and advocacy campaign.
(vi) "Ahon Bata sa Lansangan" - provides for an integrated and comprehensive social
welfare services to street children rescued from the streets.
(vii) Bantay-Bata (Child Watch) hotlines-to report cases of child abuse and
exploitation.
(viii) Intergenerational programme - brings together the different generations in new
and on-going mutually beneficial structured activities to know the need of individuals
and family throughout the life cycle. It is a pilot programme which shall bring children
and older adults (senior citizens) together through activities that will promote mutual
care and support where the young may be enriched by the warmth and understanding
of loving "grandparent figures at the Centre while gaining a positive insight into the
aging process.
(ix) Assistance to disadvantaged transnational children - provides social services for
transnational children 0-17 years of age born from relationships between Filipinos and
foreign nationals. In collaboration with other GOs and NGOs, services in the form of
limited financial and material assistance, educational, legal, medical, practical skills
development, repatriation and adoption are extended to them according to their
needs.
(x) Supervised neighbourhood play is a form of day care service providing children 3-
12 years old with early childhood enrichment activities through a variety of play
activities and opportunities guided by a trained child development worker and/or
parent volunteers under the supervision of a social worker.
(xi) Bright Child is a holistic programme directed at children 0-6 years old. It ensures
that service providers will work together in providing the best opportunities for all
children. The programme has four components, namely: a) health and nutrition; b)
psychosocial care and development; c) early education; and d) food security and
livelihood.
(xii) School-on-the-Air - provides relevant and helpful information to parents with
young children (0-6) about early childhood development.
(xiii)Child-minding service - Day Care centres are established in barangays to take
care of developmental needs of children below school age whose parents are
employed or busy with house chores.
Strategies directed to the family
(i) Systematic Training of Effective Parenting (STEP)- counselling, training of parents
and the youth, and information dissemination.
(ii) Family Drug Abuse Programme - is a pilot community-based programme of
preparing families to protect their members against the adverse effects of drug abuse.
Equip families with parenting and life skills towards drug-free homes.
(iii) Night Care for Children and Working Mothers - preventive measure to eliminate
abuses and neglect against young children while mothers are at work during night-
time.
(iv) Empowerment and Reaffirmation of Paternal Abilities (ERPAT)- a preventive and
developmental intervention on enhancing parental skills which gives importance and
emphasis to the father's parental roles, responsibilities and abilities through activities
promoting effective performance of familial tasks of Filipino fathers as well as
achieving gender equality for women and men and prevention of violence against
women and children.
Community Organization Strategy
This enables community members to identify and assess their needs and problems
and formulate corresponding solutions. Volunteers and local councils are also tapped
to promote the rights of children and to provide protective measures in the prevention
of youth offences.
(i) Organization of the Barangay Council for the Protection of Children - composed of
barangay officials and representatives of the different sectors in the barangay to
identify conditions that may lead to child abuse, neglect and exploitation and adopt
measures to protect the rights and promote the welfare of children
(ii) Organization of community mobilization/ development of volunteers - the
development of a pool of community volunteers who will assist in identifying and
reporting suspected victims of child abuse, neglect and exploitation, and who shall be
assigned to look after the welfare of the children. Emphasis is given on the role of
community volunteers in providing care/assistance to children and detecting severely
traumatized children needing therapeutic interventions.
Protection/Recovery and Reintegration
(i) Missing Children Programme - is the government's response to the growing number
of children who are separated from their families. This programme utilizes a website,
the "sagip-com project" which serves as an information centre for missing children
wherein pictures and information about missing children can be posted and viewed.
It also involves the use of a mobile messaging system with a designated number to
receive reports of missing children.
(ii) Adoption Programme Adoption Resources and Referral Units (ARRUS) were set up
in pilot areas to monitor the existence, number and flow of children legally available
for adoption and assess prospective adopters and facilitate their matching. ARRUS
keeps records of adoption proceedings, generate resources to help child-caring and
child-placing agencies and maintain viability. The DSWD also has a Post Adoption
service that provides professional help to adoptee, adopter and biological parents.
The Role of the Community in the Integrated Crime Prevention Approach
The Government has identified several ways of encouraging the community to join in
the anti-crime campaign. One way is to provide venues for community-based
participation in localized crime fighting. Another is to forge partnerships with
nongovernmental organizations (NGOs) in the creation of more crime watch groups
nationwide. A third way is to tap media groups in implementing communication
strategies that will enhance public awareness.
Great emphasis has been placed on the subject of citizen participation in crime
prevention. The process offers a viable means of involving citizens in the planning,
decision- making and process change and innovation. Various indigenous concepts of
adopting community-based methods were formulated in various urban locales in the
Philippines to assist in the process of maintaining peace and order, specifically against
criminality.
Community-Based Strategy
1. Barangay Initiated Ronda System
An offshoot of Presidential Decree No. 1232 authorizing the organization of community
groups to serve as effective vehicles for organized community participation in crime
prevention. The most based crime prevention programme implemented by the
common community- Barangay Council is the Ronda System conducted by the
Barangay Security and Development Officers or Barangay Tanods (Village Watchmen).
It is operationalized by teams of volunteers who take turns making rounds (Ronda)
around the barangay during critical periods (late at night or early dawn). The barangay
is divided into "pook or puroks" and each "purok or pook" has an appointed leader.
2. Forging Partnerships with Citizens' Groups/Non- Government
Organizations
The greater involvement of the community towards effective social defence in the local
setting is being mobilized through various groups.
Crusade Against Violence (CAV), the Citizens' Action Against Crime (CAAC), and the
Movement for the Restoration of Peace and Order (MRPO), the Mamamayan Ayaw sa
Droga (MAD), the Kill Droga and the Citizen's Crime Watch (CCW) were created as an
offshoot of the escalating incidents of violent criminality in the country.
The Citizens' Crime Watch is an umbrella organization of nongovernmental
organizations (NGOs) and People's Organizations (POS) working in partnership with
the government in the anti-crime campaign. It provides assistance to the police in
information- gathering, reportage of suspicious persons and places, service of
subpoenas and other court processes, and monitoring the progress of investigation,
prosecution and disposition of heinous offences.
In barangays, Barangay Crime Watch Centres are being organized by the Barangay
Chairman in consultation with the City/Municipal Peace and Order Council concerned.
Street Watch is a programme designed to get the community actively involved in
preventing crime by encouraging neighbors to help each other deal effectively with
neighbourhood crime and related problems, and to cooperate in law enforcement. It
involves the organization of neighborhood blocks in a barangay into a Street Watch
unit. Each member of the Street Watch is expected to be on the look-out for crimes
and emergencies obtaining within his own premises and that of his immediate
neighbor.
3. Activities for Enhancing Public Awareness
The media's role must be in making the public more conscious and aware of the
problems of criminality, the sociology of crime, the machinery of the criminal justice
system, the imperfections and problems besetting the system and the arduous process
of prosecution. Criminal justice agencies can engage the services of the media for a
more effective fight against crime.
A common strategy among the five pillars of the criminal justice system is the conduct
of an Information Education Communication (IEC) Campaign. A Presidential Directive
was issued for the five pillars of the criminal justice system to formulate and implement
a comprehensive Criminal Justice System Communication Plan (CJS Complan). The
CJS Complan was initiated to promote the CJS in order to enhance justice, public order
and safety through an integrated and sustained communication programme. Primers,
posters, brochures, pamphlets and other materials containing information on the
criminal justice system were prepared, reproduced and distributed to the public.
CJS agencies also air a weekly one-hour radio programme "Bantay-Katarungan"
(Justice Watch) which focuses on crime prevention and the criminal justice system
4. Nationwide Crime Prevention Week Celebration
The Department of the Interior and Local Government, through the NAPOLCOM,
spearheads the annual celebration of the National Crime Prevention Week. Presidential
Proclamation No. 461 dated 31 August 1994 declared the first week of September of
every year as National Crime Prevention Week (NCPW). Plans, programmes and
activities for the weeklong celebration, are drawn up with the active support and
involvement of the Department of Education, Culture and Sports (DECS), the Peace
and Order Councils.
PDEA Program for Youth
The SK STEP-UP is designed as a supervisory level preventive education training
program aimed at empowering the SK and barangay youth leaders to be Certified Anti-
Drug Advocates cascading and harmonizing the government's drug demand reduction
strategy down to the grassroots level (www.pdea. gov.ph).
3 Phases of SK STEP-UP
1. Youth Camp
2. Trainer's Training for the Youth Leaders
3. Ground Implementation, Monitoring, and Evaluation.
PNP Program for Youth
"READY" (Resistance Education Against Drugs for the Youth). This project
aims to institutionalize the standard of preventive information and education program
of the PNP in protecting the youths from the harmful effects of dangerous drugs
(https://ncrpo.pnp.gov.ph/).
Kabataan Kontra Droga at Terorismo (KKDAT). It was designed to insulate the
youth from radicalization efforts of both the communist movement and Islamic
terrorists. It is also a strategic response towards addressing the threat of illegal drugs
on the Philippine youth (http://pro3.pnp.gov. ph/).
Chapter IV
The Juvenile Justice System
This unit will help you understand how the juvenile justice system operates and its
guiding principles.
The international juvenile justice system focuses on the offenses committed by the
juveniles and has provided for the measures to protect the interests of the juveniles
from the abuse of law. With the increase in concerns relating to child protection and
their rights, many countries have adopted measures within their legal framework to
safeguard the interest of the juveniles (STA Law Firm, 2019).
In Roper v. Simmons 543 U.S. 551, Christopher Simmons, age 17, arranged to
burglarize a lady's home and murder her. He, along with two of his friends, planned
for the crime. However, before the evening of the murder, one of his companions quit
the arrangement. Simmons and his friend broke into the victim's home, bound her
hands and tossed her over the bridge. In this case, the jury found him guilty and
recommended for the death penalty.
However, in 2015, the Supreme Court of the United States ruled it unconstitutional for
a person under the age of 18 years to be subject to capital punishment sentence, and
thus overruled the 1989 Stanford v. Kentucky decision, which permitted capital
punishment for offenders who were above the age of 16 years.
The models provided are essential to guide the concerned authority on how they
handle the youthful offenders that ensures the provision of appropriate treatment.
According to the Australian Law Reform Commission (2010), the welfare model and
the justice model are the most influential and relevant. The welfare model focused on
the rehabilitation needs of the offender while justice model highlights the observance
of the due process and accountability. On the other hand, the restorative model,
greatly influences the lawmakers. In this approach it encourages offenders to accept
responsibility for their criminal behaviour and its consequences for others. Victims are
involved in dealing with the offence and it does not overlook rehabilitation and
punishment but places them in the context of individuals taking responsibility for their
actions.
Models of Juvenile Justice System
Typology of Youth Justice Models
Justice model of corrections. This is based on the concept that the criminal justice
system should not be concerned with offender rehabilitation but should limit itself to
the fair administration of punishments appropriate to the severity of the crime
committed.
Welfare model. It adopts a positivistic approach that is based on the assumption
that juvenile wrongdoing is the product of social or environmental factors for which
the young person cannot be held individually responsible The primary goal of the
youth justice system is to provide appropriate help or treatment for offenders, rather
than punishment. Consequently, the primary emphasis is on the 'needs' and 'best
interests' of the child rather than the 'deeds they may have committed.
Minimum Intervention Model. The philosophy that underpins the 'minimum
intervention model' is derived in part from criminological labelling theory', which
suggests that all official forms of processing young offenders are potentially harmful
to them since they label' and stigmatize them as criminals. This makes it more, rather
than less, difficult for them to desist from crime in future since it may make it harder
for them to engage in lawful activities, for example by rendering them unemployable.
Indeed, it may also increase the risk of them participating in illicit activities, for
example by confining them in custodial institutions where they can meet other
offenders, learn from them and be drawn into criminal subcultures.
Placement in custodial institutions could for this reason constitute the most harmful
and counter-productive of all official interventions. In short, this approach is
characterized by a concern that official responses to crime may frequently promote
'secondary deviance' on the part of young offenders, thereby fueling the 'deviancy
amplification spiral' that they are ostensibly designed to prevent.
Restorative Justice Model
The 'restorative justice model' is based on a radically different set of assumptions
about the concept of crime itself, the relationship between offenders, victims, citizens
and the state, and also about the most appropriate ways of responding to crime.
Whereas traditional criminal justice theorists have portrayed crime first and foremost
as an offence against the state, the restorative justice model places particular
emphasis on the harm that is done to the victim, whose interests were for many years
neglected by mainstream criminal justice agencies and policy-makers alike. Traditional
approaches have tended to place the responsibility for dealing with crime firmly in the
hands of state-appointed agencies, who are expected to deal with offenders (and
almost exclusively with offenders) in accordance with the public interest'. In marked
contrast, the restorative justice model advocates a policy based on involving those
who are most directly affected by a particular offence - victims, offenders and their
'communities of care- in decisions about how it should be resolved.
Balanced and Restorative Justice is a conceptual framework, based on specific
values and principles, that defines this mission of juvenile justice and guides the
activities employed to translate these values and this mission into practice. Restorative
justice provides an alternative to the punishment and offender rehabilitation
approaches to delinquency, although it does not eliminate the appropriate use of
confinement and treatment. Rather than punishment and treatment being the first
response, however, these activities are among many that may be used in Balanced
and Restorative Justice.
Principles of Balanced and Restorative Justice (Pranis, 1998)
1. Crime is injury.
2. Crime hurts victims, communities, and juvenile offenders and creates an obligation
to make things right.
3. All parties should be a part of the response to the crime, including the victim if he
or she wishes, the community, and the juvenile offender.
4. The victim's perspective is central to deciding how to repair the harm caused by the
crime.
5. Accountability for the juvenile offender means accepting responsibility and acting
to repair the harm done.
6. The community is responsible for the well-being of all its members, including both
victims and offenders.
7. All human beings have dignity and worth.
8. Restoration or repairing the harm and rebuilding relationships in the community is
the primary goal of juvenile justice.
9. Results are measured by how much repair was done rather than by how much
punishment was inflicted.
10. Crime control cannot be achieved without active involvement of the community.
11. The juvenile justice process is respectful of different cultures and backgrounds-
whether racial, ethnic, geographic, religious, economic, age, abilities, family status,
sexual orientation, or other-and all are given equal protection and due process.
Neo-correctionalist Model
The 'neo-correctionalist model' resembles the justice model inasmuch as both adopt
an uncompromisingly punishment-oriented approach, but in other respects they are
very different. Whereas the justice approach views the offender as a bearer of rights
and therefore entitled to protection against excessive punitive interventions on the
part of the state the neo-correctionalist approach is more likely to emphasize the
responsibilities that young offenders, and even their parents, owe towards others,
including the victim, the community and the state.
Under this model, the prevention of offending by young people is accorded primacy,
and all other aims are subordinated to it. For example, reparation - for victims and
also the wider community is favored chiefly insofar as it may contribute to a reduction
in reoffending rates rather than something to which recipients should be entitled as
of right. It aims to improve the efficiency of the youth justice system, for example by
coordinating the activities of the various criminal justice agencies, speeding up the
criminal justice process and increasing the effectiveness of the various interventions
that are directed at young offenders.
Juvenile Justice and Welfare System
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.
Salient features of RA 9344 as amended by RA 10630
The Title of Republic Act No. 9344 is hereby amended to read as follows: "An Act
Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the
Juvenile justice and Welfare Council under the Department of Social Welfare and
Development, Appropriating Funds Therefor, and for Other Purposes."
Republic Act No. 9344 or the "Juvenile Justice and Welfare Act of 2006"
defines the Juvenile Justice and Welfare System as a system dealing with children at
risk and children in conflict with the law, which provides child- appropriate
proceedings, including programmes and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and
development.
R.A. No. 9344 are the diversion and intervention programmes. During the diversion
process, the responsibility and treatment of CICL will be determined on the basis of
his/ her social, cultural, economic, psychological or educational background without
resorting to formal court proceedings.
Instead of using the word "juvenile", Philippine laws made use of the word "child". As
defined in R.A. No. 9344, "Child" is a person under the age of eighteen (18) years.
While "Child at Risk" refers to a child who is vulnerable to and at the risk of committing
criminal offences because of personal, family and social circumstances. Some of the
examples mentioned in the law are: being abandoned or neglected, and living in a
community with a high level of criminality or abuse.
"Child in Conflict with the Law" or CICL on the other hand refers to a child who
is alleged as, accused of, or adjudged as, having committed an offence under
Philippine laws. A child can commit an act or omission whether punishable under
special laws or the amended Revised Penal Code which is referred to as an "Offence".
Important Terms to Remember
1. Bail. 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.
2. Best Interest of the Child. The totality of the circumstances and conditions which
are most congenial to the 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.
3. Child. A person under the age of eighteen (18) years.
4. Child at Risk. A child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited
to, the following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling, or
unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent
or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
5. Child in Conflict with the Law. A child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.
6. Community-based Programs. The programs provided 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.
7. Court. A family court or, in places where there are no family courts, any regional
trial court.
8. Deprivation of Liberty. 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.
9. Diversion. An alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of his/ her
social, cultural, economic, psychological or educational background without resorting
to formal court proceedings.
10. Diversion Program. 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.
11. Initial Contact With-the Child. The apprehension or taking into custody of a
child in conflict with the law by law enforcement officers or private citizens. It includes
the time when the child alleged to be in conflict with the law receives a subpoena
under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons
under Section 6(a) or Section 9(b) of the same Rule in cases that do not require
preliminary investigation or where there is no necessity to place the child alleged to
be in conflict with the law under immediate custody. individualized
12. Intervention. 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 treatment program
which may include counseling skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well-being.
13. Juvenile Justice and Welfare System. 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.
14. Law Enforcement Officer. The person in authority or his/her agent as defined
in Article 152 of the Revised Penal Code, including a barangay tanod.
15. Offense. Any act or omission whether punishable under special laws or the
Revised Penal Code, as amended.
16. Recognizance. 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 conflict
with the law, when required.
17. Restorative Justice. A principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender and the community. It
seeks to obtain reparation for the victim; reconciliation of the offender, the offended
and the community; and reassurance to the offender that he/she can be reintegrated
into society. It also enhances public safety by activating the offender, the victim and
the community in prevention strategies.
18. Status Offenses. 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.
19. Youth Detention Home. A 24-hour child-caring institution managed by
accredited local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOS) 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.
20. Youth Rehabilitation Center. A 24-hour residential care facility managed by
the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or
accredited NGOs monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law. Rehabilitation services are
provided under the guidance of a trained staff where residents are cared for under a
structured therapeutic environment with the end view of reintegrating them into their
families and communities as socially functioning individuals. Physical mobility of
residents of said centers may be restricted pending court disposition of the charges
against them.
(u) "Victimless Crimes" refers to offenses where there is no private offended party.
RA 10630 An Act Strengthening the Juvenile Justice System in the Philippines
Amending for the purpose RA 9344, Otherwise Known as The Juvenile Justice and
Welfare Act of 2006.
The law emphasized child-sensitive justice policies focused on the best interest of the
child. This principle has been first laid down in the Doha Declaration
Under Republic Act 10630, offences which only apply to a child and not to adults are
called "Status Offences". These shall not be considered as offences and shall not be
punished if committed by a child. Examples of status offences include curfew
violations, truancy, parental disobedience and the like.
Terms to remember
Revised Rules and Regulations Implementing Republic Act No. 8 9344, as
amended by R.A. 10630
(1) "Act" refers to Republic Act No. 9344, as amended by Republic Act No. 23 10630.
(2) "Bahay Pag-asa" - refers to a 24-hour child-caring institution established, funded
and managed by local government units (LGUS) and licensed and/or accredited non-
government organizations (NGOs), providing short-term residential care for children
in conflict with the law, who are above fifteen (15) but below eighteen (18) years of
age, and who are awaiting court disposition of their cases or transfer to other agencies
or jurisdiction. Part of the features of a "Bahay Pag-asa" is an Intensive Juvenile
Intervention and Support Center. This will cater to children in conflict with the law in
32 accordance with Sections 20, 20-A and 20-B of the Act.
A Multi-Disciplinary Team (MDT) composed of a Social Worker, a psychologist/mental
health professional, a medical doctor, an educational/guidance counselor and a
member of the Barangay Council for the Protection of Children (BCPC), shall operate
the "Bahay Pag-asa." The MDT will work on the individualized intervention plan with
the child and the child's family.
(3) "Bail" refers to the security given for the release of the person in custody of the
law, furnished by a bondsman or a bonding company, to guarantee the appearance
of the person before any Court.
(4) "Best interest of the child" refers to the totality of circumstances and conditions
that are most beneficial for the survival, protection and feelings of security of the child,
and most likely to promote 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.
(5) "Child" refers to a person under the age of eighteen (18) years.
(6) "Child who is above twelve (12) years of age" refers to a child who is at least
twelve (12) years and one (1) day old.
(7) "Child who is above fifteen (15) years of age" refers to a child who is at least
fifteen (15) years and one (1) day old.
(8) "Children-at-risk" or "CAR" refers to children who are vulnerable or at-risk of
behaving in a way that can harm themselves or others, or vulnerable and at risk of
being pushed and exploited to come into conflict with the law because of personal,
family and social circumstances, such as, but not limited to, the following:
a. being abused by any person through sexual, physical, psychological, mental,
economic or any other means, and the parents or guardians refuse, are unwilling, or
unable to provide protection for the child;
b. being exploited sexually or economically;
c. being abandoned or neglected, and after diligent search and inquiry, the parents or
guardians cannot be found;
d. coming from a dysfunctional or broken family or being without a parent or guardian;
e. being out of school;
f. being a street child;
g. being a member of a gang;
h. living in a community with a high level of criminality or drug abuse; and
i. living in situations of armed conflict.
Children-at-Risk also includes those children who 57-A of the Act, such as, but not
limited to, curfew violations, violate the ordinances concerning juvenile status offenses
enumerated in Section enacted by local governments, truancy, parental disobedience,
anti-smoking and anti- drinking laws, against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism, gambling, mendicancy, littering, public
urination, and trespassing.
The enactment of ordinances providing for juvenile status offenses by local
government units (LGUs) shall primarily promote greater protection for children, by
identifying children-at-risk, and not for purposes of employing enforcement or punitive
action. Children-at-Risk also includes those who commit any of the following:
(1) Status offenses under Section 57 of the Act;
(2) Prostitution under Section 202 of the Revised Penal Code, as amended;
(3) Mendicancy under Presidential Decree No. 1563; and
(4) Sniffing of rugby under Presidential Decree No. 1619. The JJWC shall, from time
to time, issue resolutions identifying other offenses for which a child shall be
considered as a child-at-risk and not a child in conflict with the law.
(9) "Child in conflict with the law" or "CICL" refers to a child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine laws.
(10) "Community-based programs" refers to the programs provided in a community
setting, developed for purposes of intervention, diversion, and rehabilitation of the
child in conflict with the law, which are intended for the purpose of reintegrating the
child into the family and/or community.
(11) "Court" refers to a Family Court, or in places where there are no Family Courts,
any Regional Trial Court.
(12) "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 setting, from which the child
in conflict with the law is private custodial not permitted to leave at will, by order of
any judicial or administrative authority.
(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 the
child's social, cultural, economic, psychological or educational background, without
resorting to formal court proceedings
(14) "Diversion Program" refers to the program that the child in conflict with the law
is required to undergo after being found responsible for an offense, without resorting
to formal court proceedings.
(15) "Duty-bearer" shall refer to persons who are responsible for providing care,
addressing the needs and protecting the rights of a child within the juvenile justice
and welfare system.
(16) "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.
It includes the time when the child alleged to be in conflict with the law receives a
subpoena under Section 3 (b) of Rule 112 of the Revised Rules of Criminal Procedure
or summons under Section 6(a) or Section 9(b) of the same Rule, in cases that do not
require preliminary investigation or where there is no necessity to place the child
alleged to be in conflict with the law under immediate custody.
(17) "Intensive Juvenile Intervention and Support Center" or "IJISC" refers to a special
program or unit within the "Bahay Pag-asa" or any child-caring facility of the DSWD
or licensed and accredited NGOs, to address the needs of the CICL for intensive
intervention programs and services.
(18) "Intervention" generally refers to programmatic approaches or systematic social
protection programs for children that are designed and intended to:
a. Promote the physical and social well-being of the children; b. Avert or prevent
juvenile delinquency from occurring; and
b. Stop or prevent children from re-offending.
(19) "Juvenile Justice and Welfare System" refers to a system of dealing 38 with
children-at-risk and children in conflict with the law, which provides child appropriate
proceedings, including programs and services for prevention, diversion, rehabilitation,
reintegration and after-care to ensure the child's normal growth and development.
(20) "Offense" refers to any act or omission punishable under special penal laws or
the Revised Penal Code. For purposes of providing appropriate services for children,
the term 'offense' shall include violations of ordinances of local government units.
(21) "Probation" refers to a disposition under which a defendant, after conviction and
sentence, is released. subject to the conditions imposed by the Court and the person
is placed under the supervision of a probation officer.
(22) "Recognizance" refers to an undertaking, in lieu of a bail bond, assumed by a
parent or custodian, who shall be responsible for ensuring the appearance in Court of
the child in conflict with the law, whenever required.
(23) "Referral" shall refer to a process where a duty- bearer, within the juvenile justice
and welfare system, endorses the CICL to the appropriate service provider for
appropriate care or intervention. 'Referral' includes the endorsement of the victim for
appropriate assistance and intervention.
(24) "Victimless Crimes" refers to offenses where there is no private offended party
Other Relevant laws and UN Declarations
The Philippines guarantees the protection of the best interests of the child in
accordance with the standards provided for by these international laws.
United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (The Beijing Rules). A resolution of the United Nations General Assembly
regarding the treatment of juvenile prisoners and offenders in member nations.
This set of rules is also referred to as the Beijing Rules. These rules have been
implemented due to a resolution of the United Nations General Assembly with regards
the treatment of Juvenile and Underage offenders and prisoners in member nations.
The drafting of these rules took place at a Conference in Beijing. Initially, these rules
were named as Bill of Rights for Young Offenders but gradually these rules were
renamed as the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice. These rules were adopted by the United Nations General Assembly
on 29th of November, 1985.
These Rules were implemented as a means to strengthen the juvenile justice system
across the whole world. The aim and objective of this initiative have been highlighted
in Rule 5.
One of the main objectives is the well-being of the Juvenile, emotionally, mentally and
physically. This has been a primary focus of legal systems in which underage offenders
are dealt by family courts or by administrative authorities, but such a well-being of a
juvenile must also be emphasized in a criminal court model, so as to ensure that the
penalties awarded for their offences are not merely punitive in nature.
The second objective behind the implementation of these rules is "the principle of
proportionality". This concept has acted as a mechanism to curb any punitive
sanctions. The response and reformative measure awarded to juvenile offenders
should be based on not just the gravity of the offence committed but also the personal
circumstances of the offender. Personal factors such as the family situation, social
status, the injury caused due to the offence should give effect to the proportionality
of the reaction.
A Juvenile is a young person or a child, who under the jurisdiction of the different
legal systems as they may be subject to, can be dealt with for an offence that is
different from that of an adult.
The minimum age for a criminal responsibility of a Juvenile varies immensely and is
dependent upon the history and culture of the legal system of that country. An unlikely
a the child can live up to the psychological and the moral components of criminal
responsibility according to their individual discernment and their understanding be
held responsible for their extreme antisocial behavior.
United Nations Guidelines for the Prevention of Juvenile Delinquency (The
Riyadh Guidelines)
This standard stress the "need for and importance of progressive delinquency
prevention policies" that should (1) avoid criminalizing and penalizing a child for
behavior that does not cause serious damage to the development of the child or harm
to others; (2) provide educational opportunities that meet the varying needs of young
people, especially those at risk or in special need; (3) recognize that part of maturing
often includes behavior that does not conform to societal norms and that tends to
disappear in most individuals with the transition to adulthood; (4) avoid labeling a
youth a deviant or delinquent as this contributes to negative patterns of behavior.
United Nations Rules for the Protection of Juveniles Deprived of their
Liberty
The United Nations rules for the Protection of Juveniles Deprived of their Liberty, or
the Havana Rules, was adopted by the General Assembly in 1990. Subtopics include
juveniles under arrest or awaiting trail and the management of juvenile facilities.
These rules establish minimum standards accepted by the UN for Juvenile Justice
application within a context of human rights and fundamental freedoms.
The juvenile justice system should uphold the rights and safety and promote the
physical and mental well-being of juveniles. Imprisonment should be used as a last
resort, should be in accord with the principles and procedures in these Rules and in
the Standard Minimum Rules for the Administration of Juvenile Justice, and should be
for the minimum necessary period. The length of the sanction should be determined
by judicial authority, without precluding the possibility of early release.
The Rules are designed to establish minimum standards accepted by the United
Nations for the protection of juveniles deprived of their liberty and serve as convenient
standards of reference to professionals involved in the juvenile justice system. They
should be made available to juvenile justice personnel in their national languages.
Where appropriate, States should incorporate the Rules into their legislation or amend
it accordingly and provide effective remedies for their breach, including compensation
when injuries are inflicted on juveniles.
Competent authorities should seek to increase the awareness of the public that care
of detained juveniles and preparation for their return to society is a social service of
great importance. To this end, contacts between the juveniles and the local community
should be fostered.
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as
the CRC or UNCRC) is a human rights treaty which sets out the civil, political,
economic, social, health and cultural rights of children. The Convention ("CRC")
defines a child as any human being under the age of eighteen, unless the age of
majority is attained earlier under national legislation.
International Covenant on Civil and Political Rights, 1966
This covenant states that "Sentence of death shall not be imposed for crimes
committed by persons below eighteen years of age and shall not be carried out on
pregnant women."
United Nations Guidelines for Action on Children in the Criminal Justice System, 1997
(Vienna guidelines)
This was adopted for the protection of children and it was addressed not only to the
states, but also NGO's and media.
International Juvenile Justice Observatory
This was established in Brussels in 2002, to encourage global juvenile justice and to
tackle the issues relating to juvenile delinquency and justice issues.