Juvenile Delinquency and

Juvenile Justice System

(Criminology 5)

Teacher-in-Charge:
John Patrick M. Cañelas, Rcrim
Part-time Instructor
Historical Background of Delinquency
Code of Hammurabi- Oldest known code for thousand years ago dating from 2270 B.C. discussed runaways,
children who disowned their parents and sons who cursed their father are severely being punished.
First major code of laws established about 1725 B.C. by the Babylonian King Hammurabi. It established
offenses and set of punishment. The principle of the code was “the strong shall not injure the weak.”
The Family portion was based on the patriarchal system whereby the father was the head of the family unit.
Rebellion against the father by children even adult children was not tolerated.
The code also provided for the adoption of children. Children who were adopted were expected to be loyal to
their new parents as payment in return for their new homes. If adoptive child was disloyal to his new parents,
they could cut off the child’s tongue or have eyes plucked off.
In 1641, General court of Massachusetts passed the Stubborn Child Law, which stated that children who
disobeyed their parents could be put to death.
English Experience. Starting in England , about the year 1300, there developed a considerable body of law
regulating apprenticeships. The minimum age limit for apprenticeship at 12 years of age. An apprentice was
obedient, industrious, orderly and not wasteful of his master’s good.
The other changes during this era included the concept that special discipline is needed for youthful offenders
the idea of responses to misconduct should be tailored to fit the age of the offender. The English common law
regarding age of responsibility was also developed. Under this rule, youth under 7 years of age could not be
held criminally responsible for their actions. Youth between ages 8 and 14 could be held criminally liable
only when shown that they understood the consequences of their actions.
In the early 1700’s, the English began express concern regarding the growing population of vagrants and
delinquent children. In 1756, the English Marine Society was founded. One of its goal was to provide
apprenticeship to sea service for vagrants and delinquent boys.
In 1758, John Fielding, a British Magistrate (a civil office with the power to administer the law) established a
group home to rescue vagrant girls from almost certain live as prostitutes. The group was known as the house
of refuge for orphan girls.
Roman Law and Canon Law- Approximately two thousand years ago, made distinction between juveniles and
adults based on “age of responsibility.”
Ancient Jewish Law- The Talmud specified condition under which immaturity was to be considered in
imposing punishment. There was no corporal punishment prior to puberty, which was considered to be the
age of 12 for females and 13 for males. No capital punishment was to be imposed on those offender less than
20 years of ages. Similar leniency was among Muslim, where children under 17 years of age were exempted
from death penalty.
Codification of Roman Laws- In 5th century B.C this law was resulted in the “Twelves Tables”. Children were
criminally responsible for violation of law and were to be dealt with the same criminal justice system as adults.
Under this law, children came to be classified as “Infans” or “Proximus Infantiae”. In general, “infans” (7
years old below) were not criminally responsible, but those approaching puberty (above 7 years old to 14
years old for boys and 7yrs old to 12 years old for girls) liability was based on their capacity to understand the
difference between right and wrong.
Punishment for some offenses, however, were less severe for young people than for adults. Thus, Theft of crops
by night was a capital offenses for adults, but the offender under the age of responsibility were to be flogged.
Adults caught in the act of theft were subject to flogging and enslavement to the victim, but youth receive
corporal punishment at the discretion of a magistrate and were required to make restitution.
Anglo Saxon Common Law (Law based on Custom or usage)- Children under the age of 7 were presumed
incapable of forming criminal intent and therefore were not subject to a criminal sanctions. Children between 7-
14 were not subject to a criminal sanctions unless it could be demonstrated that they had formed criminal intent,
understood the consequence of their actions, and could distinguish right from wrong . Children over 14 years of
age treated much the same as adults.
Middle of 19th century- The middle of the nineteenth century included the child saving movement .
Concerned citizen eventually formed a, social activist called Child Savers, who believed that children were born
good and became bad. Juvenile children were blamed on bad environments. This lead to the creation of the
doctrine Parens Patriae.
Take Note: Parens Patriae is a doctrine that does not consider delinquent acts a criminal violation , thus making
delinquent acts non-criminal persons and cannot be found guilty of a crime and punished like an adult criminal.
This doctrine viewed minors who were violate the law as victims of improper care, custody and treatment at
home. Thus, in parens patriae, the state become their father.
Law of King Athelstan (924-939 A.D)- Old English Law provided penalties for children. Any thief over 12
years old received a punishment a death if he stole more than 12 pence, (later the amount was reduced to 8
pence). However, with the passage of time the law was eased for children, and no one under sixteen years
could be put to death unless he resisted or run away.
Statute of Artificers (1562) – Stated that children of paupers could be involuntary separated from their parents
and apprentices to others.
Poor Law Act of 1601- Provided for involuntary separation of children from their impoverished parents and
these children were then placed in bondage to local residents as apprentices.

City Custom of Apprentices- This was established in London to settle disputes involving apprentices who
were unruly or abused by their masters in an attempt to punish appropriate parties. When an apprentices was
found to be at fault and required confinement, he or she was segregated from adult offenders. Those in charge
of the City Custom of Apprentices attempted to settle disputes confidentially so the juveniles involved were not
subjected to public shame or stigma.

Personalities and the Dates

Pope Clement XI- In 1704 in Rome, established the Hospice de St. Michael, the first institution for the
treatment of juvenile offenders. The stated purpose of the hospital was to correct and instruct unruly youth so
they might become useful citizens.
Robert Young- In 1788 established the first private, separate institution for youthful offenders in England. The
goal of institution was to educate and instruct in some useful trade of occupation the children of convicts or
such other poor infants engage in a vagrant and criminal course of life.
Albert K. Cohen- The first man who attempted to find out the process of beginning of the delinquent
subculture.
Jane Addams- a sociologist who was responsible for the creation of the First American Juvenile Justice
System.

Kingwood Reformatory – This was established for the confinement of the “hordes of unruly children who
infested the streets of new industrial town” of England.
New York Committee on Pauperism – In 1818, the committee gave term “Juvenile Delinquency”. Its first
public recognition by referring it’s a major cause of pauperism.
As a result of this recognition of the problem of delinquency, several institutions for juvenile were established
in the east between 1824 and 1828. These institution were oriented towards education and treatment rather than
punishment, though whippings, long periods of silence, and loss of rewards were used to punish the
uncooperative.
1899 – The first Juvenile or “family” was established in Cook County Illinois.
1899 – 1967- This has been referred as the era of “socialized juvenile justice”.

House of Corrections for Juvenile Delinquents

Bridewells – It was first house of correction in England. They confined both and children and adults considered
idle and disorder.
Hospice of St. Michaele – Saint Michael was established in 1704. John Howard, brought to England from
Rome a model of the first institution for treating juvenile offenders. He was often thought of a father of prison
reform.
House of Refuge – It was situated in New York in 1825. It was opened to house of Juvenile delinquents, who
were defined in its charter as “youths convicted of criminal offense or found in vagrancy”.

In the Philippine Setting

P.D. 603 “The Child and Youth Welfare Code”- Under this said law, a person who is over 9 but under 21
years of age at the time of commission of the offense who committed a crime is known as a YOUTHFUL
OFFENDER.
Take note: This provisions was later amended by PD 1179. Under the said law, it defines a youthful offender as
a child , minor or youth, including one who is emancipated in accordance with law who is over nine (9) but
under eighteen (18) years of age at the time of the commission of offense.
R.A 9344 – 15 and below are exempted from criminal liability while over 15 and below 18 are likewise
exempted unless acted with discernment and this child called “Child in Conflict with Law”.

Basic Concepts of Juvenile Delinquency

Child
 A person who is below eighteen(18) years of age.
Filipino (define under PD 603)
  A minor or a youth; any person below 18 years old, a boy or a girl at any age between infancy and
adolescence; however, the law includes infans and even unborn children.
 A person who is below 18 years old or those over but unable to fully take care of themselves from
abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or
condition.
Dependent Child
 A person who is without a parent, guardian or custodian for good cause desires to be relieve of his care
and custody, and is dependent upon the public to support.
Abandoned Child
 A person who has no proper parental care or guardianship, or whose parents or guardian has deserted
him for a period of at least six(6) continuous months.
Neglected Child
 A person whose basic needs have been deliberately unattended to or inadequately attended to, physically
or emotionally, by his parent or guardians.
Physical Neglect
 It occurs when the child is physically malnourish, ill clad and without proper shelter.

Emotional Neglect
 It occurs when a child is raped, seduced , maltreated, exploited, overworked or made to work under
streets or public places, or when placed in moral danger, or exposed to drugs, alcohol, gambling,
prostitution and other vices.

Disabled Child
 It includes mentally retarded, physically handicapped, emotionally disturbed and mentally ill children,
children with cerebral palsy and those inflicted with similar afflictions.

Mentally Retarded Child

 A person who is socially incompetent, that is, (a) socially inadequate, occupationally incompetent and
unable to manage his own affairs; (b) Mentally subnormal; (c) intellectually retarded from birth or early
age; (d) retarded at maturity; (e) mentally deficient as a result of constitutional origin through heredity or
disease; or (f) essentially incurable.

Physically Handicapped Child

 A person who is crippled, deaf- mute, or otherwise, suffer from the defect which restricts his means of
action or communication with others

Emotionally Disturbed Child

 A person who, although not afflicted with insanity or mental defect, is unable to maintain normal social
relations with others and the community in general due to emotional problems and complexes.

Mentally ill Child

 A person who have behavioral disorder, whether functional or organic, which is of such a degree of
severity as to require professional help or hospitalization.
Commitment or Surrender of a Child (defined under DSWD)
 It is the act to entrusting a child to the care of the Department or any duly licensed child placement or
child placement or child caring agency or individual by court, parent or guardian.

Involuntary Committed Child

 A person whose parents, have been permanently and judicially deprived of parental authority due to
abandonment; Substantial, continuous or repeated neglected; abuse or incompetence to discharge
parental responsibility.
Voluntary Committed Child (Defined under DSWD)
 A person whose parent knowingly and willingly relinquished parental authority to the department or
any duly licensed child-placement or child-caring agency or individual.

Child-Placing or Child- Placement Agency

 It refers to a private non-profit institution or government agency duly licensed and accredited by the
Department to provide comprehensive child welfare service, including but not limited to receiving
application for adoption or foster care evaluating the prospective adoptive or foster parents and
preparing the home study report.

Child-caring agency
 It refers to a private non-profit institution or government agency duly licensed and accredited by the
department that provides 24 hours residential care service for abandoned, orphaned, neglected,
involuntarily or voluntarily committed children.

Detention Home
 A 24 hour institution providing short term resident care for youthful offender who are awaiting court
disposition for their cases or transfer to another agency.

Shelter Care Institution

 This provides temporary protection and care to children requiring emergency reception as a result of
fortuitous events, abandonment, dangerous condition of neglect or cruelty at homes..

Receiving Homes
 This are family type homes which provides temporary shelter from ten to twenty days for children who
shall during the period be an under observation and study for evaluation. (Age must be not exceeding 9
but not less than 3 years old.)

Guardian Ad Litem
 A person appointed by court where the case is pending for a child sought to be committed to protect his
best interests.

Discernment
 It refers to the mental capacity to understand the difference between right and wrong and its
consequences.

Restorative Justice
 It is the principle that requires process of resolving conflicts with the maximum involvement of the
victim, the offender and the community.
Age of Responsibility
 It is the age when a juvenile who is (9) years or over but not under fifteen (15) years old commits an
offense with discernment.

JUVENILE
 Refers to a persons of tender year
 A minor, a youth or those who are not emancipated by law.
 Those who are below the age of majority
 Refers to an age-related status that has legal ramifications and applied to
those who are not yet adult
 Refers to a person’s below 18 years of age or those but are unable to fully take
care of themselves from abuse, neglect, cruelty, exploitation or discrimination
because of physical or mental disability or conditions

DELINQUENCY
 Refers to any action; course or conduct that deviates from acts approved
by the majority of people.
 It is a description of those act that do not conform to the accepted
rules, norms and mores of the society (sociological definition).
 The failure to perform an act required by law, or the non-performance
of a duty or obligation that is mandated by existing law or rule.

JUVENILE DELINQUENCY
 An anti-social behavior or act which does not conform to the standards of
the society.
 Youth behavior which is against the norms and regulations of the
society which is left unchecked would give rise to criminality.
 Describes a large number of disapproved behavior of children or youth.
 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.

JUVENILE DELINQUENTS
It may group in three ways:
a) Children aging below 7 years.
b) Children aging from 7 years to 12 years-juveniles who have doli
incapax.
c) Youth aging above 12 years but below 18 years old.
d)
STATUS OFFENSES
Are certain acts or omission, which may not be punishable if committed by
adults, but becomes illegal only because the person is under age and the act was
committed primarily by children, minors, juveniles, youthful offenders or other persons
 in need of supervision or assistance.
Example of status offenses.
– Truancy from school (incurred absence for 30 days in school, without
valid reason)
– Sexual misconduct or immoral act
– Use of profane language
– Running away from home
– Smoking, drinking or use of prohibited drugs or substance
– Disobedience to parents or school officials
– Association with criminals or delinquent friends
– Mendicancy
– smoking

PARENS PATRIAE (“Father of the Country”)

 The doctrine that does not consider delinquent acts as criminal violation,
thus making delinquent’s non-criminal persona and cannot be found guilty
of a crime and punished like an adult criminal.
 Views minor who violate the laws as victims of improper care, custody and
treatment at home.
 Assumption by the State of the role of guardian over children whose parents
are deemed incapable or unworthy.
 The authority of the state to act on behalf of the children.
 The role of the state as sovereign and guardian of persons under legal
disability.

IN LOCO PARENTIS – in the place of Parents

 Special parental supervision over children.
CHILD IN CONFLICT WITH THE LAW
 A child, who at the time of the commission of the offense , is below eighteen (18)
years of age but not less than nine(9) years of age.
NUCLEAR FAMILY – composed of a father, mother and a child or children

EXTENDED FAMILY – composed of members other than the father, mother, and children, e.g., in-laws,
relatives, household helps, employees, etc

EMANCIPATION
 A freedom from parental authority over persons and property of the emancipated
child. Emancipation takes place by the attainment of age of majority. Unless otherwise
provided, majority commences at the age of eighteen years