I.

GENERAL CONCEPTS AND PRINCIPLES CONCERNING JUVENILE DELINQUENCY

A. DEFINITIONS

JUVENILE- A child or a young person, who, under the legal system may be dealt with for an
offense in a manner different from that of an adult. Persons below the age of majority, that is,
below eighteen years old.

DELINQUENT- One whose behavior has brought him into repeated conflict with the law
regardless whether he has been taken before a court and adjudged a delinquent.

JUVENILE DELINQUENCY- An anti-social acts or behavior of children which deviate from the
normal pattern of rules and regulations, custom and culture which society does not accept and
which therefore justify some kind of admonition, punishment or corrective measures in the
public interest

An anti-social behavior or act which does not conform with the standards of society

Youth behavior which is against the norms and regulations of society; if left unchecked would
give rise to criminality. It describes a large number of disapproved behavior of children or youth.

Before the twentieth century, little distinction was made between n adult and juvenile offenders.
However, due to the international consciousness of the problems of youth, the concept “juvenile
delinquency” emerged which was derived from, and operated under the philosophy of PARENS
PATRIAE (literally, the state is the father). This doctrine views minors who engage in extralegal
behavior as victims of improper care, custody, and treatment at home. Illegal behavior is a sign
that the state should step in and take control of the youth before they commit more serious
crimes. The state, through its juvenile authorities, should act in the best interests of the child.

B. STATUS OFFENSES

Certain acts or omissions which may not be punishable socially or legally if committed by adults
but become anti-social or illegal because the offender is a minor, such as:
1. Truancy, or frequent, unreasonable absenteeism from school (PD 798)
2. Uttering of profane language
3. Running away from home
4. Smoking and drinking alcoholic beverages
5. Disobedience to parents, guardians or school officials
6. Mendicancy or begging in the streets
7. Association with delinquent gangs

ANTI-SOCIAL BEHAVIOR- Characterized by disobedience to, or disrespect for, authorities.

II. TYPOLOGY OF DELINQUENCY AND DELINQUENT YOUTH

A. TYPES OF DELIQUENCY

1. ENVIRONMENTAL- characterized by occasional law-breaking.

2. EMOTIONAL MALADJUSTMENT- characterized by chronic law-breaking, a habit which

a person cannot avoid.

3. PSYCHIATRIC- characterized by serious emotional disturbances within an individual,

and in some cases associated with mental illness.

B. TYPES OF DELINQUENT YOUTH

1. SOCIAL- an aggressive youth who resents authority or anyone who makes an effort to
control his behavior.

2. NEUROTIC- one who has internalized conflicts and is preoccupied with his own
feelings.

3. ASOCIAL-one whose delinquent acts have a cold, brutal and vicious quality for which
the youth feels no remorse.

4. ACCIDENTAL-one who is essentially sociable and law-abiding but happens to be at the

wrong time and place and becomes involved in delinquent acts not typical of his general
behavior.

III. THEORIES AND APPROACHES IN THE STUDY OF JUVENILE DELINQUENCY

A. THEORIES OF JUVENILE DELINQENCY

1. CHOICE THEORY- It is based on the classical school of criminology that views an

individual as having free will in choosing his actions and that he calculates what he will gain or
lose if he commits an act. It viewed that delinquents are motivated offenders who break the law
because they perceive an abundance of benefits and an absence of threat.

2. TRAIT THEORIES: BIOSOCIAL AND PSYCHOLOGICAL- Postulated that both thought

and behavior have biological and social bases. It is a contemporary explanation of the biogenic
approach.

Biosocial

1) BIOCHEMICAL - Views that crime and delinquency, especially violence, are the result of
diet, vitamin intake, hormonal imbalance and other biological causes.
2) NEUROLOGICAL- Explains that crime and delinquency occur because the individual
suffers from brain impairment or abnormality in the structure of the brain.

Learning disabilities such as attention deficit/hyperactive disorder and minimum brain

dysfunction are related to antisocial behavior.

3) GENETIC- Explains that delinquent traits and predisposition to criminality are inherited
from parents. Criminality of parents can predict delinquency of children.

4) EVOLUTIONARY- As a human race evolved, traits and characteristics have become

ingrained. Some of these traits make people aggressive and predisposed to commit crime.

Psychological

Viewed that delinquency is a result of emotional and mental disturbance of the individual. It is a
contemporary explanation of psychogenic approach.

1) PSYCHODYNAMIC THEORY- Based on the psychoanalytic theory of Sigmund Freud

which states that delinquency is a result of the imbalance of the three components of
personality: id, ego and superego. Delinquency is the product of the abnormal personality
structure formed in early life and which thereafter controls human behavior choices.

2) BEHAVIORAL THEORY- Individuals learn by observing how people react to their

behavior. Delinquent behavior is reinforced by some positive reaction, and is extinguished if
punished. Misbehavior of children if left unchecked will persist until adulthood.

3) COGNITIVE THEORY - Delinquency is a result of the faulty perception and analysis of

data by an individual. It suggests that when an individual make decisions, he engages in a
sequence of cognitive thought processes: first encodes the information so that it can be
interpreted; search for a proper response and decide upon the most appropriate action; and
acts on his decision

Delinquency-prone adolescents may have cognitive defects and perceive information incorrectly
when they make decisions

3. SOCIOLOGICAL THEORIES- Delinquency is a product of various social factors and

dynamics. It has three sub- theories, namely: social structure, social process and social conflict.

1) SOCIAL STRUCTURE THEORIES- Delinquency is a function of a person’s place in the

economic structure.

2) SOCIAL PROCESS THEORIES- Delinquency Is a result of poor or faulty socialization or

upbringing.
3) SOCIAL CONFLICT THEORIES- Delinquent behavior is a product of economic
inequality.

B. APPROACHES IN THE STUDY OF DELINQUENCY

1. BIOGENIC APPROACH- Explains that law violations and delinquency are a result of
some physical defects

2. PSYCHOGENIC APPROACH- Argues that the critical factors in delinquency are

personality problems to which misbehavior is presumed to be the response

3. SOCIOGENIC APPROACH- Attributes delinquency pattern to social structures. It that

views youthful misdeed is a result of a learning process through interactions with other
members of society

IV. BEHAVIORAL DISORDER AND SOCIAL INSTITTUTIONS AS CONTRIBUTIRY FACTORS

TO JUVENILE DELINQUENCY

RISK FACTORS- condition, characteristic or variable that increases the likelihood that a child
will become delinquent.

A. CATEGORIES ACCORDING TO ITS NATURE

1. PREDISPOSING FACTOR – Inherited propensities that cannot be considered a criminal

one unless there is a probability that a crime will be committed.
2. PRECIPITATING FACTOR – Elements which provoke crime or factors that are signified
to the everyday adjustments of an individual.

B. CATEGORIES ACCORDING TO BASIC DOMAINS

1. INDIVIDUAL
a. Early antisocial behavior and onset of aggression
b. Conduct disorders, mental illness, other mental health issues
c. Developmental disabilities and disorders
d. Emotional factors (such as high behavioral activation and low behavioral inhibition)
e. Poor refusal skills
f. Hyperactivity and ADHD
g. Cognitive and neurological deficits and disorders
h. Low intelligence and mental retardation
i. Lack of guilt and empathy
j. Chronic medical and/or physical conditions
k. Prenatal exposure to cigarette smoking, drugs, alcohol or HIV
l. Favorable attitude toward drug use and early onset of alcohol
m. Gun possession Early sexual involvement or teen parenthood
n. Exposure to media violence
o. Victimization
2. HOME AND FAMILY
The home is first basic social institution responsible for developing a child’s potential in all
aspects of life such physical, emotional, spiritual, moral, intellectual and social. It molds the child
to learn to curb his desires and to accept rules that define the time, place and circumstances
under which highly personal needs may be satisfied in a socially acceptable ways.

TYPES OF FAMILY STRUCTURE

a. NUCLEAR FAMILY- consists of father, mother and children

b. EXTENDED FAMILY- consists of father, mother, children, grandparents, uncles and
aunts, cousins, nephews and nieces, and in-laws.
c. BLENDED FAMILY-family that includes children of a previous marriage of one spouse or
both.

Ideally, a home and family must have the following:

1) Structural completeness- presence of both father and mother

2) Economic security- capability to provide for the basic needs and wants
3) Cultural conformity- typical family beliefs and practices
4) Moral conformity- moral uprightness.
5) Physical and psychological normalcy
6) Emotional adequacy- affection, support, love and care between members
7) Religious homogeneity- both parents profess the same religion
8) Functional adequacy among members of the family

Basic needs of children:

1) Economic security
2) Affectional security
3) Recognition
4) Status

Factors in the home life that may cause delinquency:

1) Faulty development of the child

2) Lack of parental guidance
3) Parental rejection
4) Broken homes
5) Lack of love
6) Unfair treatment
7) Too harsh discipline by either or both parents
8) Too much leniency by either or both parents
9) Unfavorable parental example
10) Conflict of culture
11) Failure to socialize with the child
12) Emotional tensions at home
13) Failure to provide sympathy and understanding
Confidential relationships
14) Injury of the status of the child in the
community

3. SCHOOL
Considered the second home of a child, with teachers as the second parents. It
is an institution responsible for the training of young person’s intellectual, moral, as well as
social skills which they need for them to grow up as productive, law-abiding and responsible
citizens.

School Factors for Juvenile Delinquency

1) Truancy [absence without cause for more than 20 school days , not necessarily
consecutive]
2) Dropping out of school
3) Low bonding and school attachment
4) Low academic aspirations or commitment to school
5) Low academic achievement
6) Identified as learning disabled
7) Negative labeling by teachers
8) Inadequate school climate (poorly organized and functioning schools)
9) Low parent college expectations for child
10) Frequent school transitions
11) School suspensions

4. PEER
1) Peer rejection
2) Peer alcohol, tobacco and/or other drug use
3) Association with delinquent and/or aggressive peers
4) Gang involvement and membership

5. COMMUNITY

The culture, norms and behavior of the child’s surroundings may very well influence the
upbringing of the child especially during their formative years and such misbehavior learned is
likely to be carried on until the child’s maturity. The following are factors present in the
community that may influence to the child’s delinquency:
1) Availability of alcohol and other drugs
2) Availability of firearms or other weapons
3) High-crime neighborhood
4) Community instability and disorganization
5) Social and physical discord
6) Living in an economically disadvantaged neighborhood with high poverty
7) Safety concerns and feeling unsafe in the neighborhood
8) Low community attachment
9) Neighborhood youth in trouble

6. MEDIA

Print Media
1) Advertisement of crimes
2) Glorification of criminal leaders
3) Trial by publicity
4) Providing public panic
5) Giving advance information concerning the plans of the police against
the criminals

Broadcast (Audio or Video) Media

1) Arousing desires for easy luxury and suggesting questionable method of achievements
2) Displaying of crime techniques and criminal pattern
3) Inducing the spirit of bravado, toughness and adventurousness
4) Arousing intense sexual drive
5) Invoking daydreaming of criminal role
6) Instilling the desire for luxury and smart appearance
7) Depicting various form of crime readily imitated by girls and young women

7. DEPARTMENTS/AGENCIES OF THE GOVERNMENT

1) Political interference of higher officials
2) Unfair decisions of the court
3) Police carelessness and unfair treatment