Professional Documents
Culture Documents
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.
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 of cials 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 in uence, 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:
Houses of refuge. Focused on the re-education of youth and used indeterminate
sentencing, religious training, and apprenticeships in various trades. The houses were
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organized using a military model to promote order and discipline, but the houses were
often overcrowded and youth were overworked.
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.
Separate institutions for juvenile females. For girls in the mid-1880s, which focus on
teaching domestic and childrearing skills to girls.
The rst juvenile courts operated under the philosophy of parens patriae rst 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 of cials felt intervention was in the best interests of
the child. Any offense committed was secondary to the offender.
Juvenile
Juvenile is considered as a child who has not completed a speci c 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.
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 de ned 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.
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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 differy to de ne, Code, amin and
prevent. Throughout
centuries in Europe were badly treated.
Juvenile Delinquency is a legal term that was rst de ned in 1889, when Illinois passed
the rst law on Juvenile Delinquency which speci es various speci c 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 de ned as actions that violate the law, committed by a person
under the legal age of majority (Burfeind and Bartusch).
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
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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 speci c age for criminal prosecution, and
therefore in some countries, it is up to the prosecution to prove the existence of criminal
intent.
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).
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 dif cult to de ne, 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.
Mary Ellen Wilson - The rst recorded child abuse in the United States.
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)
(d) Situational delinquency. Delinquency is not deeply rooted, and motives for
delinquency and means for controlling it are often relatively simple.
(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 accidentally 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 theyare not habitual.
(e) Professional Delinquency. In this category delinquent usually steals things for getting
some pro ts. They have done stealing for economic gain and to satisfy their desire.
Pathway to Delinquency
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1. authority con ict 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.
The prevalence of offending increases from late childhood, peak in the teenage years
(from 15 to 19g) and decline in the early 20's. Violence tends to peak late. than that for
property crimes.
Girls peak earlier than boys, studies agree that 40 to 60 percent of juvenile delinquent
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 to increase
in lethal violence (National Institute ofeustice, 2014).
Consequently, the continuity 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.
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, nished
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 pro les for both males and females
and the likelihood of recidivism for ve recidivistic outcomes. 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). Findings showed that majority are males wherein
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females rate is less than one- fth 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, at
pro le, family problems, substance use problems, and sexual, cognitive and social
problems.
Margari et al., (2015) identi ed the pro les 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 JOs 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
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.
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.
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.
Control Theory
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A social process explanation that focuses on social bonds that reduce risk of delinquent
involvement. Delinquency is more likely among youth who lack social bonds and
positive social interactions among parents and peers.
Sociological Theories
Sociological explanations of delinquency emphasize social in uences on individuals
caused by the structure of society, societal change, social disorganization, sub-cultural
differences, and social processes that in uence 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.
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 con ict perspective that includes
multiple and sometimes overlapping perspectives that included Marxism, Feminism,
Political Economy Theory, Strain Theory, and/or Critical Theory.
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.
These labels imply a variety of behaviors and attitudes; labels thus help de ne not just
one trait but the whole person.
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 unful lled expectations.
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 in uences on criminality. As a consequence, levels of
criminal activity also change (McGee and Farrington, 2019).
Implications:
Understanding the family-based risk and protective factors that in uence 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).
Several studies on the factors that in uences the commission of delinquent acts.
Abella (2016) disclosed in his study that the environment outside home (2.57), peer
pressure (2.62) and community rule (2.61) in uences the lives of children in con ict 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 con ict 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
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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 pro le 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 in uenced
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 con ict 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-suf ciency, 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."
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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 bene cial 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 de nitions. Sociologists de ne deviance as any
behavior that members of a social group de ne 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
con ned 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 rst 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 con ict with parents (Poduthase,2012), and
adolescent-parent relationships may be transformed dramatically during this period
Furthermore, research has found that con icting 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 identi ed three major factors of family process.
They are parental guidance, parental involvement and parental attachment that have
effects on delinquent behavior.
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 dif cult
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 identi ed 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 signi cant and
diverging effects on delinquency. The bonds to parents and peers have moderating
effects on how school bonds affect delinquency.
The schools realized its ght 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) con rmed that students'
perceptions of injustice were signi cantly 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 gures, and neighborhood collective ef cacy were all generally
protective. It implies that all were associated where as with lower levels and shallower
slopes of predicted violent offending, but they were not more or less protective for those
who experienced maltreatment.
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As regards to non-violent offending, the same was true of school connection, high-
quality relationships with a mother gure, and neighborhood collective ef cacy, 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 dif culties in the
classroom.
Such dif culties, 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-con dence; like
any art, it is something that one will acquire through training and experience; it becomes
easier with practice.