& Oratings + 23views + 20 pages Juvenile Delinquency and Juvenile Justice Uploaded by criminologyalliance on Nov 30,2022 # Arenhanced title Full description Q 6 ®& oO o€ Save 0% 0% Embed Share 3 of 20 ‘Q search document JUVENILE DELINQUENCY AND JUVENILE JUSTICE The registered criminologist can perform the competencies under the following sub-topics: Define and distinguish the nature, extent, and theories of juvenile delinquency, Identify and explain the factors and causes of juvenile delinquency. Define and enumerate parental rights, responsibility, and disciplinary authority over their children. Distinguish and explain the Rights, Welfare, and Protection of Children under applicable laws. Enumerate and identify Juvenile Delinquency Prevention Programs. Identify and compare Models of Juvenile Justice System Learn and apply the provisions of R.A. 9344 as amended and other relevant and applicable laws and UN declarations. Terms to Ponder Juvenile ~ persons below the age of majority or below eighteen years old. Juvenile Delinquent/ Delinquent - a minor whose behavior is in conflict with the law. A minor who have violated the criminal laws or engage in disobedient, indecent or immoral conduct and who are in need of treatment, rehabilitation or supervision. Status Offense acts that are illegal if committed by juveniles and not if committed by adult. Acts that, not criminal in the usual sense but appears to be in conflict with the best interests of the minors involved. Acts that violates the law applicable only to children. NATURE OF DELINQUENCY Factors affecting the rate of Juvenile Delinquency: L 2. ‘Age - change in the age distribution of the population deeply influences crime and delinquency rate. Economy — expert believes that long-term economic downturn coupled with a relatively large number of teens in the population will produce high delinquency rates. Drugs ~ drug use has been linked to fluctuations in the crime and delinquency rate. Drug abusers are particularly crime prone, so as drug use levels increase, so too do crime rates. Media ~ some experts argue that violent media can influence youth crime. Watching violence on television is correlated to aggressive behaviors, especially for kids with pre-existing tendency towards crime and violence. Ongoing social problems - (divorce, school drop-outs, teen pregnancy and racial inequality) as the level of social problems increases so do crime and delinquency rates. Abortion - there are available empirical evidence showing that the recent drop in the crime rate can be attributed to the availability of legalized abortion. According to some researchers if abortion were illegal, they believe that crime rates might be 10 to 20 percent higher than they currently are with legal abortion. Guns ~ as the number of guns in the hands of children increases, so do juvenile violence rates. Violence rates are also related to gun possession; the higher the violence rates in a neighborhood, the more likely kids are to carry guns, most likely for self-protection. Gangs ~ gang and violence are almost synonymous, the presence of gangs in an area will greatly contribute to the rate of crime and delinquency. Juvenile Justice Policy - (punishment} some law enforcement experts have suggested that a reduction in crime rates may be attributed toa recent “get tough” attitude toward delinquency. Correlates of Delinquency: Gender and Delinquency ~ males are significantly more criminal than females. The teenage gender ratio for serious violent crime is approximately 4 to 1, for property crime approximately 2 to 1, male to female. Race and Delinquency — African American youths are arrested for a disproportionate number of murders, rapes, robberies and assaults, whereas white youths are arrested for a disproportionate number of arson and alcohol related violations.* Social Class and Delinquency ~ youth who lack wealth and social standing are the most likely to use criminal means to achieve their goals. Kids who live in communities that lack economic and social opportunities believe that they can never compete socially or economically with adolescents raised in more affluent areas. These kids may turn to criminal behavior for monetary gain and psychological satisfaction. * Age and Delinquency ~ age is inversely related to delinquency. As youthful offender mature, their offending rates decline. Aging-out-process ~ as youthful offender matures, the likelihood that they will commit crimes decline. This phenomenon can be traced on the following causes: * Growing older means having to face the future, © With maturity comes the ability to resist the quick fix to problems. * Maturation coincides with increased levels of responsibility. * Personalities can change with age. * Young adults become more aware of the risks that accompany crime Chronic Offender ~ a delinquent with five or more juvenile arrest. They do not age out of crime but continue their law violating behavior into adulthood. Age of onset ~ age at which youths begin their delinquent careers; early onset is believed to be linked to chronic offending patterns. According to this view there are two classes of offenders: (1) those who begin committing crime in late adolescence and cease offending as they enter adulthood; and (2) those who begin their offending careers early in life and maintain a high rate of offending throughout their lifespan. Juvenile Victimization: The chance of victimization declines with age. Research shows that teens are twenty times more likely to become victims of violent crimes than their grandparents. Moreover, male teenagers have a significantly higher chance than females of becoming victims of violent crime. Most teens are victimized by people with whom they are acquainted and their victimization is more likely to occur during the day. THEORIES OF JUVENILE DELINQUENCY Life Course Theories on Delinquency Integrated Life Course Theories Integrated theories of crime represent an attempt to bridge the ideological differences that exist among various older theories of crime by integrating variables from disparate theoretical approaches. An integrated approach recognizes that crime is a complex, multidimensional phenomenon with multiple causes. By integrating a variety of ecological, socialization, psychological, biological, and economic factors into a coherent structure, such theories overcome the shortcomings of older theories that may be criticized on the grounds of reductionism. That is, many older theories of crime argue that one causal variable is predominantly important as a cause of crime. A problem with such an approach is that not all persons exposed to that variable (for example, poverty) commit crime. Integrated theories recognize that multiple social and individual factors interact to result in the eventual behaviour of individuals, and that we must consider the constellation of factors in an individual's life in order to understand his or her behaviour. Multi-Factor Theories The Social Development Model Multi-factor theories integrate a range of variables into a cohesive explanation of criminality. The first of these to be discussed is the social development model (Hawkins and Weis, 1985; Catalano and Hawkins, 1996; Hawkins and Catalano, 1987). The social development model developed by Catalano and Hawkins examines delinquency as the result of acquired anti-social and pro-social behaviours brought on by certain risk and protective factors. These factors encompass a wide range of biological, psychological, and social variables considered in previous theory and research. Most notably, the social development model synthesizes control, social learning, and differential association theory, while acknowledging other associated factors not A Download to read ad-free.Vo 5G+) Vo 4G ¥) 4.89 Cremer er accounted for by these theories, such as position in the social structure, acquired skills, and constitutional (biological) factors. In addition, the theory more adequately accounts for interactional effects between variables not generally acknowledged by previous theories. The social development model hypothesizes that during the elementary school developmental period, children learn patterns of behaviour, whether pro-social or antisocial, primarily from the socializing units of the family and school, with peers and neighbourhood influences playing an increasing role as children progress through the elementary school years. According to the social development model, children are socialized through processes involving four constructs: (1) perceived opportunities for involvement in activities and interactions with others, (2) the degree of involvement in activities and interactions, (3) the skills to participate in this involvement and interaction, and (4) the reinforcement they perceive from this involvement and interaction. These constructs are hypothesized to be ordered causally, with more perceived opportunities for involvement leading to more actual involvement, which in turn leads to more rewards and recognition. Skills are also hypothesized to affect the amount of reward and recognition a child receives. When these socializing processes are consistent, a social bond of attachment and commitment develops between the individual and the socializing unit. Once established, the social bond inhibits behaviours inconsistent with the beliefs held and behaviours practised by the socialization unit through establishment of an individual's stake in conforming to the norms, values, and behaviours of the socializing unit to which he or she is bonded. It is hypothesized that the behaviour of the individual will be pro-social or anti-social, depending on the predominant behaviours, norms, and values held by those individuals or institutions to which the individual is bonded. Elliott's Integrated Theory The second multi-factor theory that will be examined is Elliott's integrated theory (Elliott, Ageton and Canter, 1979). This theory combines the principles of strain, control and social learning theories into a single theoretical framework. This theory specifies a causal pathway in which strain leads to the weakening of social bonds with conventional others and institutions, leading to greater association with deviant peers and the subsequent learning of anti-social and delinquent values. Specifically, adolescents who live in socially disorganized neighbourhoods or who are improperly socialized have an increased risk of perceiving strain. The perceptions of strain can lead to the weakening of bonds with conventional groups, activities and norms. Such weakened bonds, in conjunction with high levels of strain, lead to the rejection of conventional values and encourage youths to seek out deviant peer groups. Such deviant associations create the environment for the social learning and reinforcement of anti-social values and behaviour. This essentially increases delinquent and criminal behaviour. 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. Life course theories further argue that in order to understand criminality, one must consider these multiple causal factors over the life course, and that different factors may be more of 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 interactions change, and so too does the importance of various causal influences on criminality. As a consequence, levels of criminal activity also change. This section will focus on the following life course theories of criminality: Moffitt’s theory of delinquency, Farrington’s theory of delinquent development, interactional theory, and Sampson and Laub’s age-graded theory. Moffitt’s Theory of Delinquency Moffitt (1993) proposes that there are two primary hypothetical prototypes that explain delinquent behaviour and the onset of criminality: life-course-persistent offenders, whose anti-social behaviour begins in childhood and continues to worsen thereafter, and adolescence-limited offenders, whose anti-social behaviour begins in adolescence and desists in young adulthood. Life-course-persistent anti-socials are few, persistent, and pathological, whereas adolescent-limited anti-socials are common, relatively temporary, and »0 Download to read ad-free, This documents, Iseful ® Not usefulGel Vo 4G ,) 6.87 Teer ers near normative. This developmental typology hypothesizes that childhood-onset and adolescent-onset conduct problems have different etiologies. This theory argues that life-course-persistent anti-social behaviour originates early in life, when the difficult behaviour of a high-risk young child is exacerbated by a high-risk environment. According to the theory, the child's risk emerges from inherited or acquired neuropsychological variation, initially manifested in subtle cognitive deficits, difficult temperament, or hyperactivity. The environment’s risk comprises factors such as inadequate parenting, disrupted family bonds and poverty. The environmental risk domain expands beyond the family, as the child ages, to include poor relations with people such as peers and teachers, and later, with partners and employers. Over the first two decades of development, transactions between individual and environment gradually construct a disordered personality with hallmark features of physical aggression and antisocial behaviour persisting to mid-life. Moffitt argues that the personality characteristics associated with life-course-persistent anti-social behaviour, such as aggression, may have been more adaptive for males compared with females in the evolutionary environment of humans. As such, more males than females possess such personality characteristics, putting them at greater risk than females of serious criminality. In contrast, adolescent-limited anti-social behaviour emerges with puberty, when otherwise healthy youths experience dysphoria during the relatively roleless years between their biological maturation and their access to mature privileges and responsibilities, a period called “the maturity gap.” While adolescents are in this gap, it is virtually normative for them to find the life-course-persistent anti-socials’ delinquent lifestyle appealing, and to mimic it as a way to demonstrate autonomy from parents, win affiliation with peers, and hasten social maturation. However, because their pre-delinquent development was normal and healthy, most young people who become adolescent-limited delinquents are able to desist from crime once they age into real adult roles, turning gradually to a more conventional lifestyle. This recovery may be delayed if the adolescent-limited delinquent encounter “snares,” such as a criminal record, incarceration, addiction, truncated education, or other such factors that may hinder the transition to a conventional lifestyle. In summary, Moffitt argues that there are two distinct developmental pathways to delinquency: life-course- persistent anti-social development and adolescent-limited antisocial development. Moffitt estimates the prevalence of life-course-persistent anti-socials at five per cent, though they account for a much larger proportion of delinquent acts and criminality. The genesis of this pattern of anti-social behaviour resides in neuropsychological defects, poor parenting, lower 1Q, and heritable personality traits such as negative emotionality and impulsivity. This represents pathological behaviour, is lifelong, and may be treatment resistant. In contrast, adolescence-limited delinquency (the majority of adolescents) is non-pathological, and can be attributed to learning (imitation of the life-course-persistents) and to a maturity gap between biological and social age. Moffitt demonstrates how such imitated behaviour is adaptive to the social and historical context of adolescent development. This model additionally accounts for the often-noted decline in anti-social behaviour, in the majority of adolescents, once they attain adulthood. Drawing on evolutionary psychology, this model also accounts for gender disparities in crime. Farrington’s Theory of Delinquent Development Farrington’s theory of delinquent development derived from research conducted as part of a Cambridge study of delinquent development, which followed the offending careers of 411 London boys born in 1953. This study used self-report and interview data, as well as psychological testing, and collected data from the subjects at eight times over a 24-year period, beginning when subjects were eight years old. This study, in agreement with previously developed life course theories, found the existence of chronic offenders, the continuity of offending, and the presence of early onset leading to persistent criminality. Farrington found that the chronic criminal is typically male, and is born into low-income large families, which have parents and siblings with criminal records or prior offending and in which parents are likely to be separated or divorced. It was found that parenting was an important factor predicting future criminality. The future criminal receives poor parental supervision, induding the use of harsh or erratic punishment. The signs of later criminal behaviour were manifest as early as age eight, when such persons already exhibited anti-social behaviour, including dishonesty and aggressiveness. At school, such individuals had low educational achievement and aD Download to read ad-free, This documentis. seful ® Not usefulwere described as restless, troublesome, hyperactive, impulsive, and truant. It was also found that the chronic offender associated with friends who also exhibited anti-social behaviour. The study also found that the typical offender provided the same kind of deprived and disrupted family life for his own children, and thus the social conditions and experiences that produce delinquency are transmitted from one generation to the next. An important aspect of Farrington’s research is that it identified factors that predicted discontinuity from criminal offending. That is, there are individuals who have a background that puts them at risk of criminal behaviour, and yet they manage to either remain non-offenders, or begin a criminal career but successfully desist after a while. Factors that protect at-risk youth from even beginning a criminal career include a shy personality, a non-deviant family, and being highly regarded by the mother. Other factors were found to influence successful desistance from criminality. These include having a relatively good job and being married, except where the person’s spouse is also engaged in criminal activity. Residential relocation was also found to influence desistance, since relocation allowed for the severing of ties and associations with co-offenders. At the theoretical level, Farrington’s research contributes a number of ideas to understanding the genesis, maintenance and desistance from criminal behaviour. These are as follows: 1) Childhood factors predict a continuity of adolescent and adult antisocial and criminal behaviour; 2) economic deprivation, poor parenting, an anti-social or criminal family, and personalities marked by impulsivity, hyperactivity, and attention deficit all increase the risk of anti-social behaviour in children; 3) adolescents are motivated to engage in criminogenic behaviour because of the desire for material goods, excitement and status with peers; 4) effective childrearing and consistent discipline, coupled with close parental supervision, reduces the risk of childhood and subsequent delinquent and anti-social behaviour; and 5) in adulthood, having a good job, being married, and residential relocation can encourage desistance from criminality. Interactional Theory Interactional theory is another integrated life course theory of criminality, and was developed by Thornberry (1987) and Thornberry and Krohn (2005). There are three fundamental aspects of interactional theory. The first is that the theory takes a life course perspective. By this, the authors mean that they view delinquency involvement as something that unfolds over time; for most people, it has an onset, a duration and, for most offenders, a termination. Explaining this behaviour at various ages requires linking anti-social behaviour patterns to other trajectories in life, such as family, school and work experiences. interactional theory predicts a mixture of causes that differ depending on one’s age and reflect successes or failures in previous developmental stages. Interactional theory asserts that at differing ages, different influences become more important for the person concerned. During childhood and early adolescence, attachment to the family is the single most important determinant of whether a youth will adjust to conventional society and be shielded from delinquency. By mid-adolescence, the family is replaced by the world of friends, school and youth culture. In adulthood, a person's behavioural choices are shaped by his or her place in conventional society and his or her own family. The second premise of the theory is that delinquency and “many of its causes often become involved in mutually reinforcing causal loops as delinquent careers unfold” (Thornberry and Krohn, 2005: 188). In other words, delinquency and its causes interact with each other, often resulting in greater or lesser levels of offending. For instance, ineffective parenting may lead to delinquency involvement, which, in turn, may resultin parental responses that further increase the occurrence of delinquent behaviours. The third key premise of the theory is that the multiple causes of delinquency vary in their magnitude across persons due to the presence of “offsetting assets” or protective factors. This concept asserts that as the magnitude of the causal force increases, the person’s involvement in crime becomes more likely and increases in severity. In addition to the three main premises, interactional theory includes other assertions and hypotheses. For instance, early involvement in anti-social behaviour is the result of what is described as “the intense coupling of structural, individual, and parental influences, that is, when the causal force associated with childhood antisocial behavior is near a maximum” (Thornberry and Krohn, 2005: 190). Additionally, the theory asserts that childhood onset of delinquency is strongly associated with growing up in families and neighbourhoods characterized by poverty and disorganization. Reminiscent of Moffitt (1993) discussed earlier, the theory also asserts that age-appropriate or normative onset of offending appears to be a reflection of increased peer influences, decreased parental supervision, and associations with peers who want to demonstrate rebellion against adult authority. Finally, “late starters,” defined as those who begin frequent aD Download to read ad-free, This document is, seful ® Not usefuloffending at ages beyond the modal onset years of adolescence, are hypothesized to have lower intelligence and academic competence, but they were not affected by these traits earlier because they had a supportive family and school environment. Sampson and Laub’s Age-Graded Theory of Informal Social Control Sampson and Laub's age-graded theory of informal social control is the final integrated life course theory that will be examined in this section of the report (Sampson and Laub, 1992, 1993, 1997; Laub and Sampson, 1993). Sampson and Laub assume that crime and other forms of deviance result, in part, from weak or broken bonds to society. In this way, attention is given to the influence of informal social controls on involvement in delinquent behaviour, much as itis in traditional social control theory. Rooted in the life course developmental perspective, Sampson and Laub’s theory reminds us that the relevant institutions of informal social control vary by age. For example, during adolescence, social bonds to family, peers and the school are important. Akkey notion drawn from developmental theory is that of cumulative continuity of disadvantage, which describes a process whereby the negative consequences of problem behaviour constrain future opportunities for healthy development and contribute to the stability of anti-social behaviour over time. According to age- graded informal social control theory, the cumulative continuity of disadvantage can serve to attenuate conventional bonds to society. Sampson and Laub argue that the onset of a criminal career occurs early in life, but assert that even with an established criminal career, delinquency and criminal behaviour can be interrupted during the life course. They refer to the points of interruption or the cessation of criminogenic behaviour as turning points. Turning points that allow adults to desist from crime include marriage and the development of a career. Marriage and a career are examples of events that, Sampson and Laub argue, create social capital. This represents an investment in conventional values and society and inhibits criminal behaviour. Sampson and Laub’s (1993) theory is not simply traditional social control theory recast in a developmental perspective. The most notable difference between social control theory and age-graded informal social control theory is that the latter acknowledges the role of both state dependence (e.g., social control processes) and population heterogeneity (e.g,, self-control) in the continuity of delinquent behaviour. According to Laub and Sampson (1993), "[t]he cumulative continuity of disadvantage is...not only a result of stable individual differences in criminal propensity, but a dynamic process whereby childhood antisocial behavior and adolescent delinquency foster adult crime through the severance of adult social bonds” (306). Thus, these authors described a mixed theory in which the relationship between past and present offending is only partially mediated by informal social control variables. A persistent direct effect of population heterogeneity is also hypothesized by the theory. Although not intended to be gender-specific in scope, Sampson and Laub’s (1993) theory implicitly addresses the role of gender in delinquency and crime over the life course. In stark contrast to Gottfredson and Hirschi (1990), Sampson and Laub (1993) heavily emphasized social processes (i.e., the attenuation of bonds to conventional society) in the continuity of deviant behaviour. It is here that research on gender differences in elements of the social bond has relevance. Specifically, different social processes may be involved in the crime and delinquency of boys as compared with girls. For example, girls’ delinquency may be controlled indirectly through, among other mechanisms, emotional bonds to the family. By contrast, boys’ delinquency may be controlled more directly through parental monitoring and supervision, Moreover, attachments to delinquent peers may play an especially important role in the delinquent behaviour of boys Anomie Theory The anomie theory was first written in the 1940s by Robert Merton. Merton's theory explains that juvenile delinquency occurs because the juveniles do not have the means to make themselves happy. Their goals are unattainable within legal means so they find unlawful means by which to attain their goals ‘An example would be a juvenile who has had a goal to get a job and purchase a car. The juvenile is not able to find a job to make money so he either steals a car or he steals money to purchase a car. "0 Download toread ad-free,Subculture Theory Another theory about juvenile delinquency is the subculture theory. In 1955, Albert Cohen developed the subculture theory, which is a culmination of several of his theories. The subculture theory is much like it sounds; juveniles that do not meet the social standards seek validation from a subculture. The subculture group is formed of other juveniles who also do not meet the social standards. These groups then act in manners that are not socially acceptable and rebel against the socially acceptable standards. According to Cohen, juvenile delinquency is a product of society. The juveniles commit crimes, such as stealing, because it is not a social norm, and they do it to fit in with their subculture. Differential Opportunity Theory Differential opportunity theory was used to explain the emergence of three different delinquent subcultures: the criminal, the conflict, and the retreatist subcultures. Over the years since its inception, differential opportunity theory has received mixed empirical support. Factors Affecting Juvenile Delinquency: 1. Family - The basic institution in our society for developing a child’s potential, in all its many aspects like emotional, intellectual, moral and spiritual both physical and social. It is within the family that the child must learn to curb his desires and to accept rules that defines the time, place and circumstance under which highly personal needs maybe satisfied in socially acceptable ways Home- referred to as the “cradle of human personality”. 2. Peers~ The most difficult to resist of them all Mass Media - The most influential of the factors. 4, Church and Religion - Involves the inculcation of a set of moral belief that lead in the direction of social approved behavior. 5. School - A public instrument for training young people. It is more directly accessible to change through the development of new resources and policies. w Teacher - Considered as the 2nd parent of the child. Effect of Parental Authority Upon the Persons of the Children (Chapter 3, Family Code of the Philippines) A. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties (Art. 220): (1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; (2) To give them love and affection, advice and counsel, companionship and understanding; (3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self- discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; (4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals; (5) To represent them in all matters affecting their interes! (6) To demand from them respect and obedience; (7) To impose discipline on them as may be required under the circumstances; and (8) To perform such other duties as are imposed by law upon parents and guardians. (316a) B. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. C. The courts may appoint a guardian of the child’s property or a guardian ad litem when the best interests of the child so requires (Art. 222). D. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the assistance of counsel, either of a Download to read ad-free, This documents. Useful ® Notusefuthis choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard (Art. 223) However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. (318a) E. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children’s homes duly accredited by the proper government agency (Art. 224). The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. (391a) Effect of Parental Authority Upon the Property of the Children (Chapter 4) The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary (Art. 225). Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated. The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved. The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply. (320a) The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter’s support and education, unless the title or transfer provides otherwise (Art. 226). The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family. (321a, 323a) if the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in whole or in part shall not be charged to the child’ legitime (Art. 227). (32a) Suspension or Termination of Parental Authority (Chapter 5) Parental authority terminates permanently (Art. 228): (1) Upon the death of the parents; (2) Upon the death of the child; or (3) Upon emancipation of the child. (3274) Unless subsequently revived by a final judgment, parental authority also terminates (Art. 229): a Download to read ad-free,(1) Upon adoption of the child; (2) Upon appointment of a general guardian; (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose; (4) Upon final judgment of a competent court divesting the party concerned of parental authority; or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a) Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender (Art. 230). (330a) The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same (Art. 231) (1) Treats the child with excessive harshness or cruelty; (2) Gives the child corrupting orders, counsel or example; (3) Compels the child to beg; or (4) Subjects the child or allows him to be subjected to acts of lasciviousness. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority, If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances. The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated, (33a) If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority (Art. 232). (n) The person exercising substitute parental authority shall have the same authority over the person of the child as the parents (Art. 233). In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. (n) EMANCIPATION AND AGE OF MAJORITY Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years (Art. 234). Emancipation also takes place: (1) By the marriage of the minor; or (2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401) The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded (Art. 235). (n) Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life (Art. 236). (412a) aD This documents. Jseful ® Not useful Ine annuiment or declaration of nullity of the marriage of a minor or of the recorded agreementThe annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register (art. 237). Rights of the Child in Conflict with the Law Every child in conflict with the law shall have the following rights, including but not limited to (a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; (b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release; (c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period of time; (d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances; (e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action; (f) the right to bail and recognizance, in appropriate cases; (g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness; (h) the right to have his/her privacy respected fully at all stages of the proceedings; (i) the right to diversion if he/she is qualified and voluntarily avails of the same; (i) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice; (k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty; (I)in general, the right to automatic suspension of sentence; (m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law; (n) the right to be free from liability for perjury, concealment or misrepresentation; and (0) other rights as provided for under existing laws, rules and regulations. The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or “Beijing Rules”, United Nations Guidelines for the Prevention of Juvenile Delinquency or the “Riyadh Guidelines”, and the United Nations Rules for the Protection of Juveniles Deprived of Liberty. Treatment Ideology 1. Medical Model - also known as Treatment Model, assumes that juvenile delinquency is a disease that can be treated, This model attempts to identify the cause of the disease (delinquency) and prescribe medication (treatment). 2. Rehabilitation Model - opposes secure confinement, rather supports and stresses that youths should be given a chance to be reformed before subjected to incarcerative punishments. This model provides » Download to read ad-free. This documentis. seful ® Not usefulexperiences that enable youths to overcome various psychological and social limitations that have contributed to their delinquent behavior. 3. Community Reintegration Model — believes that youths who commit delinquent acts are alienated from their communities. In this model youths are placed in residential treatment centers while provided with positive experiences and participates in everyday events such as attending school and other social activities. 4, Prevention/Control Model - provides intervention strategies for youths at risk in their early years. 5. Just-Desert Model ~ stresses offender’s accountability, regardless of the offense committed. Offers punishment commensurate to the seriousness of the offense committed. 6. Reality Therapy Model —also known as Shock Probation, involves a short prison stay designed to shock the youth and to impress upon him or her the seriousness of the problem and potential consequence of further delinquency. 7. Justice Model ~ advocates fair and reasonable treatment of those adjudicated as delinquent 8. Restorative Justice Model ~ combines punitive and treatment approaches and attempts to restore justice to those who are affected (offender-victim-community) ‘THE MODELS IN THE CREATION OF JUVENILE JUSTICE ACT © United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules" ‘* United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines" * United Nations Rules for the Protection of Juveniles Deprived of Liberty. Minimum Age of Criminal Responsibility - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of R.A. 9344 (Sec. 6, R.A. 9344) A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with R.A. 9344 The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Youthful Offender- is one who is over nine years but under twenty-one years of age at the time of the commission of the offense. A child nine years of age or under at the time of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance with Article 192 (PD 603) The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor (Sec. 7, R.A. 9344) WORKING CHILDREN ~ Children below sixteen years of age may be employed to perform light work which is not harmful to their safety health or normal development and which is not prejudicial to their studies. JUVENILE JUSTICE AND WELFARE COUNCIL (JJWC) Itis hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. CLASSIFICATIONS OF CHILD AND YOUTH WELFARE AGENCIES aD Download to read ad-free, This documentis.. seful ® Notusefuleee + 23 scribd.com/document, (2) a) A child-caring institution is one that provides twenty-four resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders. a. An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine or more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents guardians for at least two months of summer vacation. b) A detention house is a twenty-four hour child-caring institution providing short term resident care for youthful offenders who are waiting court disposition of their cases or transfer to other agencies or jurisdiction ©) A shelter-care institution is one that provided temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses. d) Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the Department of Social Welfare. The number of children in a receiving home shall not at any time exceed nine: Provided, That no more than two of them shall be under three years of age e) Anursery is a child-caring institution that provides care for six or more children below six years of age for all or part of a twenty-four hour days, except those duly licensed to offer primarily medical and educational services. 4) Amaternity home is an institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery. 8) A rehabilitation center is an institution that received and rehabilitates youthful offenders or other disturbed children. h) A reception and study center is an institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies. i) A child-placing agency is an institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home under the care and custody of any person of persons for purposes of adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of consanguinity or affinity are excluded from this definition. YOUTH, SAMAHAN AND CIVIC ASSOCIATIONS Youth Associations ~ refers to any club, organization or association of individuals below twenty-one years of age which is directly or indirectly involved in carrying out child or youth welfare programs and activities. Samahan ~ refers to the aggregate of persons working in commercial, industrial, and agricultural establishments or enterprises, whether belonging to labor or management. Civic Association — refers to any club, organization or association of individuals twenty-one years of age or over, which is directly or indirectly involved in carrying out child welfare programs and activities. SPECIAL CATEGORIES OF CHILDREN Dependent child is one who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause desire to be relieved of his care and custody; and is dependent upon the public for support. Abandoned child is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six continuous months. Neglected child is one whose basic needs have been deliberately unattended or inadequately attended. Neglect may occur in two ways: physical neglect - when the child is malnourished, ill clad and without proper shelter. | English Hindiere + A child is unattended when left by himself without provisions for his needs and/or without proper supervision. Emotional neglect — when children are maltreated, raped or seduces; when children are exploited, overworked or made to work under conditions not conductive to good health; or are made to beg in the streets or public places, or when children are in morale danger, or exposed to gambling, prostitution and other vices. Mentally Retarded Children ~ mentally retarded children are (1) socially incompetent, that is socially inadequate and occupationally incompetent and unable to manage their own affairs, (2) mentally subnormal; (3) retarded intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin, through hereditary or disease, and (6) essentially incurable Classification of Mental Retardation— mental retardation is divided into four classifications: 1. Custodial Group — They are severely or profoundly retarded, hence the least capable group. This includes those with 1.Q,s to 25. 2. Trainable Group. - consist of those with 1.Q,s from about 25 to about 50, one who belongs to this group shows a mental level and rate of development which is % to % that of the average child, is unable to acquire high academic skills, but can usually acquire the basic skills for living to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective instruction. 3. Educable Group ~ 1.Q, ranges from about 50 to about 75, and the intellectual development is approximately % to % of the expected of a normal child of the same chronological age. The degree of success or accomplishment that they will reach in life depends very much on the quality and type of education they receive as well as on the treatment at home and in the community. Many of the educable retardates may reach 5" or 6” grade educational level and can develop occupational skills which may result in partial or complete economic independence in adulthood 4. Borderline or Low Normal Group. This is the highest group of mentally retarded, with .Q,s from about 75 to about 89. The members of this classification are only slightly retarded and they can usually get by in regular classes if they receive some extra help, guidance and consideration. They have to spend much more time with their studies than do most children in order to pass. Those who cannot make it are usually handicapped by one or more other conditions aside from that of intelligence Physically handicapped children - those who are crippled, deaf- mute, blind, or otherwise defective which restricts their means of action on communication with others. Emotionally disturbed children ~ those who, although not afflicted with insanity of mental defect, are unable to maintain normal social relation with others and the community in general due to emotional problems or complexes. Mentally ill children — those with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional help or hospitalization. Community-based Programs on Juvenile Justice and Welfare — Community-based programs on juvenile justice and welfare is instituted by the LGUs through the LCPC, school, youth organizations and other concerned agencies. The LGUs will provide community-based services to respond to the special needs, problems, interests and concerns of children and offer appropriate counseling and guidance to them and their families. These programs shall consist of three levels: (a) Primary intervention — includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending; (b) Secondary intervention ~ includes measures to assist children at risk; and aD Download to read ad-free. This documents. seful — P Notusefuleee +) (c) Tertiary intervention ~ includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending. TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY — The authority which will have an initial contact with the child has the duty to immediately release the child to the custody of; a, his/her parents or guardian b. in the absence thereof, the child's nearest relative. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a. a duly registered nongovernmental or religious organization; b. a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); ¢. a local social welfare and development officer; or when and where appropriate, the DSWD. A child found to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise known as "The Child and Youth Welfare Code". JUVENILE JUSTICE AND WELFARE SYSTEM Initial Contact with the child: From the moment a child is taken into custody, the law enforcement officer shall Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed; b. Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her; c. Properly identify himself/herself and present proper identification to the child; d. Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law; e. Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed; f. Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension; Avoid violence or unnecessary force; Determine the age of the child pursuant to Section 7 of RA9344; i. Immediately but not later than eight (8) hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs, and notify the child's apprehension. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate; j. Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever the medical treatment is required, steps shall be immediately undertaken to provide the same; k. Ensure that should detention of the child in conflict with the law be necessary, the child shall be secured in quarters separate from that of the opposite sex and adult offenders; |. Record the following in the initial investigation: 1. Whether handcuffs or other instruments of restraint were used, and if so, the reason for such; 2. That the parents or guardian of a child, the DSWD, and the PAO have been informed of the apprehension and the details thereof; and 3. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination. m. Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian, social worker, or legal counsel in attendance who shall affix his/her signature to the said statement. za a Download to read ad-free, This documents seful — D NotusefulSere +) A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. Law Enforcers’ Duty During Initial Investigation — The taking of the statement of the child shall be conducted in the presence of the following: 1. child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; 2. the child's parents, guardian, or nearest relative, as the case may be; and 3. the local social welfare and development officer. in the absence of the child's parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member of the BCPC. After the initial investigation, the local social worker conducting the same may do either of the following: 1. Proceed in accordance with Section 20 of RA9344 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old, who acted without discernment; and 2. If the child is above fifteen (15) years old but below eighteen (18) and who acted with discemment, proceed to diversion. DIVERSION: Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: a. With imprisonment of not more than six years — conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities. b. Victimless crimes with imprisonment of not more than six years — meeting with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC; ¢. With imprisonment of exceeding six years ~ diversion measures may be resorted to only by the court. Venue in Conducting Diversion — Diversion may be conducted at the Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all levels and phases of the proceedings including judicial level. Conferencing, Mediation and Conciliation - A child in conflict with law may undergo conferencing, mediation or conciliation outside the criminal justice system or prior to his entry into said system. A contract of diversion may be entered into during such conferencing, mediation or conciliation proceedings. Contract of Diversion - When the child voluntarily admits the commission of the act during the conferencing, mediation or conciliation, a diversion program shall be developed when appropriate and desirable as determined under Sec. 30, RA 9344. Such admission shall not be used against the child in any subsequent judicial, quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by the parties concerned, The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. The local social welfare and development officer shall supervise the implementation of the diversion program. The diversion proceedings shalll be completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days. The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of the program. Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the offended party the option to institute the appropriate legal action. AD Download to read ad-free. This documents... eful — (P Notusefulere +) The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of two (2) years, When there is no Diversion Punong Barangay — When the child, his/her parents or guardian does not consent to a diversion, the Punong Barangay handling the case shall, within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings, as the case may be, forward the records of the case of the child to the law enforcement officer, prosecutor or the appropriate court, as the case may be. Upon the issuance of the corresponding decument, certifying to the fact that no agreement has been reached by the parties, the case shall be filed according to the regular process. Law Enforcement Officer — When the child, his/her parents or guardian does not consent toa diversion, the Women and Children Protection Desk of the PNP, or other law enforcement officer handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court. The document transmitting said records shall display the word "CHILD" in bold letters. Factors in Determining Diversion Program. - in determining whether diversion is appropriate and desirable, the following factors shall be taken into consideration’ The nature and circumstances of the offense charged; The frequency and the severity of the act; The circumstances of the child (e.g. age, maturity, intelligence, etc.); The influence of the family and environment on the growth of the child; The reparation of injury to the victim; The weight of the evidence against the child; The safety of the community; and The best interest of the child samoanse Formulation of the Diversion Program — In formulating a diversion program, the individual characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment. The following factors shall be considered in formulating a diversion program for the child a. The child's feelings of remorse for the offense he/she committed; The parents' or legal guardians’ ability to guide and supervise the child; The victim's view about the propriety of the measures to be imposed; and The availability of community-based programs for rehabilitation and reintegration of the child. goer Kinds of Diversion Programs - The diversion program shall include adequate socio-cultural and psychological responses and services for the child. (a) At the level of the Punong Barangay: 1. Restitution of property; 2. Reparation of the damage caused; 3. Indemnification for consequential damages; 4. Written or oral apology; 5. Care, guidance and supervision orders; 6. Counseling for the child in conflict with the law and the child's family; 7. Attendance in trainings, seminars and lectures on: i. anger management skills; ii, problem solving and/or conflict resolution skills; iii. values formation; and iv. other skills which will aid the child in dealing with situations which can lead to repetition of the offense; 8. Participation in available community-based programs, including community service; or 9. Participation in education, vocation and life skills programs. a Download to read ad-free. This document is. seful — P Notusefulee +) (b) At the level of the law enforcement officer and the prosecutor: 1. Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and 2. Confiscation and forfeiture of the proceeds or instruments of the crime; (c) At the level of the appropriate court: Diversion programs specified under paragraphs(a)and (b) above; Written or oral reprimand or citation; Fine: Payment of the cost of the proceedings; or Institutional care and custody. eanoe PROSECUTION: There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of cases involving @ child in conflict with the law. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the same Preliminary Investigation and Filing of Information— The prosecutor shall conduct a preliminary investigation in the following instances: a. When the child in conflict with the law does not qualify for diversion; b. When the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28 of RA 9344; c. When considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law. Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office of such service, as well as the personal information, and place of detention of the child in conflict with the law. Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation. COURT PROCEEDINGS Bail — For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered. Release on Recognizance ~ Where a child is detained, the court shall order: a. The release of the minor on recognizance to his/her parents and other suitable person; b. The release of the child in conflict with the law on bail; or c. The transfer of the minor to a youth detention home/youth rehabilitation center. The court shall not order the detention of a child in a jail pending trial or hearing of his/her case Detention of the Child Pending Trial - Children detained pending trial may be released on bail or recognizance. In all other cases and whenever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time. Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, in the city or municipality where the child resides. In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for the child's appearance in court whenever required. ~D Download to read ad-free, This documentis. seful — P NotusefulDiversion Measures Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate. Automatic Suspension of Sentence - Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shail still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. Return of the Child in Conflict with the Law to Court ~ If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment. If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this RA 9344, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years. Credit in Service of Sentenc — The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention, Probation as an Alternative to Imprisonment ~The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in lieu of service of his/her = sentence _~—taking_=—s into. = account’ «Ss the ~—s best'-— interest = of ~— the — child. Confidentiality of Records and Proceedings- All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. The component authorities shall undertake all measures to protect this confidentiality of proceedings, including non-disclosure of records to the media, maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity. Rehabilitation and Reintegration — The objective of rehabilitation and reintegration of children in conflict with the law is to provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities. Court Order — No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. The details of this order shall be immediately entered in a register exclusively for children in conflict with the law. No child shall be admitted in any facility where there is no such register, Separate Facilities from Adults — It is mandatory that children shall be separated from adults unless they are members of the same family. Under no other circumstance shall a child in conflict with the law be placed in the same confinement as adults. The rehabilitation, training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with quality counseling and treatment AD Download to read ad-free, This documentis... ee eeFemale Children — Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. They shall be handled by female doctors, correction officers and social workers, and shall be accommodated separately from male children in conflict with the law. Gender-Sensitivity Training — All personnel of rehabilitation and training facilities shall undergone gender sensitivity training. Confinement of Convicted Children - A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD. Rehabilitation — Children in conflict with the law, whose sentences are suspended may, upon order of the court, undergo any or a combination of disposition measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. Community - based program for Child in Conflict with the law; (1) Competency and life skills development; (2) Socio-cultural and recreational activities; (3) Community volunteer projects; (4) Leadership training; (5) Social services; (6) Homelife services; (7) Health services; . (8) Spiritual enrichment; and (9) Community and family welfare services. The objectives of community-based programs are as follows: a. Prevent disruption in the education or means of livelihood of the child in conflict with the law in case he/she is studying, working or attending vocational learning institutions; b. Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the support system fostered by their relationship and to create greater awareness of their mutual and reciprocal responsibilities; ¢. Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage community support and involvement; and d. Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention. Youth Rehabilitation Center ~ It is a 24-hour group care, treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating child in conflict with law in their families and communities as socially functioning individuals. A quarterly report shall be submitted by the center to the proper court on the progress of the children in conflict with the law. Based on the progress of the youth in the center, a final report will be forwarded to the court for final disposition of the case. The DSWD shall establish youth rehabilitation centers in each region of the country. After-Care Support Services ~ Children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services by the local socal welfare and development officer for a period of at least six (6) months. The service includes counseling and other community-based services designed to facilitate social reintegration, prevent re-offending and make the children productive members of the community. AD Download to read ad-free, This documentis, Jseful P Notusefula0 Download to read ad-free, Status Offenses - Any conduct not considered an offense or not penalized if committed by an adult shall not, be considered an offense and shall not be punished if committed by a child. Offenses Not Applicable to Children ~ Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. Exemption from the Application of Death Penalty — no death penalty shall be imposed upon children in conflict with the law. Prohibition Against Labeling and Shaming ~ In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class. or ethnic origin Other Prohibited Acts — The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibites a. Employment of threats of whatever kind and nature; b. Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; c. Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and dignity; and d. Compelling the child to perform involuntary servitude in any and all forms under any and all instances. This documentis... seful — P Not useful award Your Curincity: V 7 8.71 meow ANU! eect Beet) roa) Uy UPES UNIVERSITY WITH A PURPOSE UNIVERSITY OF PETROLEUM AND ENERGY STUDIES SCHOOL OF LAW PROJECT ON “JUVENILE CRIMES AND PUNISHMENT “ UNDER THE SUPERVISION OF MR. ASHISH SIR BBA LLB CORPORATE LAW SUBMITTED BY: NAME SAPID Chitraksh Mahajan | $00071415 ACKNOWLEDGEMEN I hereby express my deep sense of gratitude to Mr. Ashish sir,Professor and my guide for his invaluable guidance, encouragement and co- operation in completing this thesis. Tam grateful to Teachers, and Friends for their encouragement and co- operation. I am deeply indebted to my parents for their encouragement and blessings. I express my gratitude to the library staff of my University — University of Petroleum And Energy Studies, Dehradun for their co-operation.10:16 AM Beier Macao ares LIST OF CONTENTS * INTRODUCTION * WHO IS JUVENILE? * DIFFERENCE BETWEEN CHILD AND JUVENILE * WHAT ARE JUVENILE CRIMES * CAUSES/REASONS FOR JUVENILE CRIMES * JUVENILE CRIMES IN INDIA * INTERNATIONAL CONCERN FOR JUVENILECRIMES * HISTORY OF JUVENILE JUSTICE SYSTEM IN INDIA * JUVENILE JUSTICE SYSTEM IN INDIA * JUVENILE JUSTICE ACT, 2000 * JUVENILE JUSTICE ACT ,2015 * JUVENILE JUSTICE AND CONSTITUTION OF INDIA * PUNISHMENT FOR JUVENILE CRIMES * SENTENCING IN JUVENILE COURTS * CASE LAWS RELATED TO JUVENILE CRIMES IN INDIA * COMPARATIVE STUDY — U.K. AND U.S. * NEED FOR AMENDMENTS * CONCLUSION * SUGGESTION * REFERENCE JUVENILE CRIMES AND PUNISHMENT AD Download to read ad10:16 AM Piet | Rca TRODUCTI A child is a person who is going to carry on what you have started... He will assume control of your cities, States, and nations. He is going to move in and take over your churches, schools, universities, and corporations the fate of humanity is in his hands. Children are considered gifts of God; they are the best personal and national assets. Children are expected to be obedient, respectful, and have virtues and good qualities in them. In recent decades, the crime rate for children under the age of 16 has increased. The reason for the increase in the crime rate may be due to the child's educational environment, economic conditions, lack 0 education and parental care. These are some of the basic reasons. And the most disappointing part is that children (especially under the age group of 5 to 7 years old) today are used as a tool to commit crimes because at this stage their mind is very innocent and can be casily manipulated Often these children are involved in criminal behavior, known as "juvenile delinquency" or juvenile Crime. Juvenile crime is a harsh reality in India. In recent times, minors have been involved in much of heinous crime, such as murder and gang rape. It is a disturbing trend and society as a whole is distressed by such criminal acts committed by children. WHOIS A JUVENILE? Juvenile "means a person who is very young, adolescent, , or minor. Sometimes the term" child "is also used interchangeably with the term" Juvenile.” Legally speaking, a minor can be defined as a child who does not have reached a certain age at which he can be held responsible for his criminal acts in adult under the country's law. The Juvenile is a minor accused of having committed certain acts or omissions that violate any law and are declared a crime. According to the JJ law ACT 2000, a minor should not be treated as an adult, even if he is involved in criminal acts, for the purposes of trial and punishment in court * Difference between a child and a Juvenile In general, "child" means a person that he has not turned 18 and is not mature enough to understand what is right and what is wrong In the modern era, the criminal laws of most countries have adopted the principle of "doli incapax", which means to know that an act committed is a crime. Under subsection 12 of Section 2 of the Juveniles (Care and Protection) Act, 2015, "child" means a person who has not reached the age of eighteen. The law classifi the term "child" into two categories: - * "child in conflict with the law" and * “child in need of care and protection", aD Download to read ad-free10:16 AM Poi Maca A child accused of a crime is not tried as an adult and is sent to the care Center, until childhood, while the minor is a person between the ages of sixteen and cighteen. A young person accused of acrime is a Juvenile and is tried as an adult in court proceedin, Ina general sense, both terms have the same meaning, but the difference lies in the context of the implications in the eyes of the law. Minors involve youth and adolescents, while the Juvenile indicates an immature person or juvenile delinquents, WHAT ARE JUVENILE CRI 5 The term Juvenile Crime refers to any crime committed by a person under the age of 18 and still considered a minor under the law. There are some cases in which a minor can be treated as an adult in court. This happens when the crime committed is considered particularly heinous or violent. Offenses such as murder, rape, certain types of group violence, or other violent crimes can cause the child to be tried as an adult. When this happens, the court treats the minor as if he were an adult. Types of crimes, offenses and rapes of adolescents or youth Larceny / theft: Ex. Shoplifting, robbing a bicycle, robbing of backpacks and lockers * Alcoholic Offences: Ex. Purchase or possession of minors, consumption of alcohol by minors, supply of alcohol or drugs to minors, in possession of an open container in public / automobile Possession of a weapon: Ex. In illegal possession of pepper spray, possession of a shotgun or ammunition for shooting when underage, carrying weapons such as brass metal knuckles or nun chucks. Assault: Ex. Getting into fights. They could attack victims as part of other crimes, such as stealing or stealing the purse. Some juvenile delinquents behave like bullies at schoo! and also include physical violence and abuse or emotional insults. * Sexual Offences: Ex. Commits rape or sexual assault, even teens can be involved in prostitution and can be involved in sex trafficking. Status crimes: Ex. They can be charged with absences if they miss too many school days. They could be charged with curfew violations if they go out late at night. They could be charged with incorrigibility if they refuse to obey their p: AD Download to read ad-free: V 7 639 al ANU omer Bae) ea C) 2% scribd.com/document, (3) REASONS OF J LE CRIMES There are various causes of juvenile delinquency in India. Each person has different behavior patterns, as in the case of children as well. Behavioral patterns develop in early childhood and in the initial stage it is very difficult to identify any type of behavior. But as soon as the child grows up in the real world, behavior patterns change from time to time, and many circumstances or situations can result in delinquent behavior. The following are some of the causes of juvenile delinquency: - Instability of adolescence: - Biological, psychological and sociological factors are one of the important factors in the adolescent behavior pattern. At this point, teens become more aware of their looks and fashions, fun, food, games, etc. And at this age, they want freedom and they want to be independent, but sometimes parents, teachers have some possibilities and opportunities, and the elderly lead to the development of antisocial behavior in them. Therefore, this antisocial behavior, biological changes, psychological causes are some of the reasons that are responsible for juvenile delinquency. Disintegration of the famil tion of the family system and laxity in parental control are also the main cause of the increase in juvenile delinquency rates. In normal cases, parental divorce, lack of parental control, lack of love and affection are the main factors in juvenile delinquency. Economic conditions and poverty: - Poverty and poor economic conditions are also considered factors that contribute more to the increase in child crime due to poverty, parents or guardians cannot meet the needs of the child and, at the same time, the Children want their parents to fulfil their wishes with the hook or with the cook, and when their wishes are not fulfilled, they begin to afford to steal money from their homes or from any other parent. And this develops a habitual theft trend that results in large-scale theft. Migration: - The migration of abandoned and destitute young children to the slums puts them in contact with some antisocial elements of society that carry out some illegal activities such as prostitution, drug and narcoties trafficking, ete. This type of activity is very attractive to such young people and they can participate in such activities. * Sexual indulgence: - Children who have suffered sexual violence or any other type of unwanted physical assault in early childhood can develop any kind of repulsion in their behavior and mind. At this age, they may become more homeless or want to have sexual experience. Too much sexual variation can lead children to kidnap crimes, rapes, ete. _ ee: V 7 14.0 mete ANU! omer Bae) Pea Modern lifestyle: - The rapidly changing patterns of society and the modern lifestyle make it very difficult for children and adolescents to adapt to new ways of life. They face problems of cultural conflict and cannot distinguish between right and wrong, JUVENILE CRIMES DIA Petty Offences in general, and heinous crimes in particular, are regularly committed in India by children. Offenses such as theft, robbery, kidnapping, etc. That they are not of such a serious nature, or crimes such as robbery, dacoit, murder, rape, etc. Those that are relatively severe are on the rise across the country. And the unfortunate thing is that all types of these crimes are also committed by children under the age of 18. There is also a specific trend among Juvenile that juvenile aged 16-18 are more involved in heinous criminal acts. According to the National Crime Record Bureau (NCRB), the data (2013) show that of the 43,506 crimes registered against minors under the Indian Penal Code (IPC) and the Special Local Law (SLL) by minors, 28,830 had been committed by persons aged between 16 and 18 years, which is more than 60%. In Maharashtra, of the 8,012 cases against minors in 2013, 5,594 were committed by minors over the age of 16. Statistics also show that the number of children found in conflict with the law under the IPC and SLL increased by 13.6% and 2.5% respectively in 2013, compared to 2012. According to police ources, an increasing number of children are involved in crimes. serious. According to NCRB statistics (2013), the increase in crimes against women committed by minors was the highest in ases Where a woman's modesty was outraged (132.3%) followed by words, gestures or deeds intended to insulting a woman's modesty (70.5%) and rape (60.3%). INTERNATIONAL CONCERNS O1 }VENILE CRIMES The General Assembly of the United Nations adopted the Convention on the Rights of the Child on November 20, 1989, which establishes a series of norms that all States Parties must respect to guarantee the best interests of the child. International instruments and conventions have contributed significantly to the issue of children's rights and the prevention of child abuse. International organizations such as the United Nations and UNICEF have always paid more attention to child development. AD Download to read ad-free.: V 7 Ty mete ANU! eee Bacar) aac) Below are the international tools and conventions signed by all United Nations states to protect the rights of the child: * United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) UN Guidelines for the prevention of juvenile delinquency (Riyadh guidelines) United Nations Rules for the protection of Juvenile deprived of liberty (Havana conventions) * Guidelines for action against children in the Criminal Juvenile System (Vienna Guidelines) HISTORY OF JUVENILE JUSTICE SYSTEM IN INDIA In the current era, a movement for the special treatment of juvenile offenders has started around the world, including many developed countries such as the United Kingdom and the United States. This movement started around the 18th century. Before this, Juveniles were treated like other criminals. And for the same reason, the United Nations General Assembly adopted a Convention on the Rights of the Child on November 20, 1989. This convention aims to protect the best interests of juvenile offenders. The Convention establishes that to protect the social reintegration of juvenile, there will be no prosecution or judicial proceedings against them. The Convention induces Indian law to repeal the Juvenile Justice Act of 1986 and to adopt a new law. Therefore, Indian legislation has devised a new law called the "Juvenile Justice (Child Care and Protection) Act. 2000. Juvenile Justice, 1986, which repealed the previous Children's Act, 1960, intended to implement the guidelines contained in the Standard Minimum Rules for the Administration of Juvenile Justice adopted by the United Nations in November 1985. The aforementioned act consisted of 63 sections, 7 chapters and extends throughout India to except to the state of Jammu and Kashmir, The main objective of the law was to provide care and protection, treatment, development and rehabilitation of neglected juvenile offenders. The main objectives of the law were: - * The law essentially established a uniform framework for juvenile justice in the country in order to protect the law and the interests of the child AD Download to read ad-free: V 7 393 mete ANU! omer caer ea It Talk about machinery and infrastructure for care, protection treatment, development and rehabilitation of the offender’s juveniles. Itestablishes the basic provisions for the proper and equitable administration of criminal justice in case of atrocious crimes committed by minors. JUVENILE JUSTICE SYSTEM IN INDIA Like the other countries, India had also established legal provisions that specifically deal with the rights and protection of juvenile offenders seeking to tackle the problem of juvenile delinquency. The juvenile justice system in India is based on three main assumptions: juvenile offenders should not be tried in court, but should be corrected in the best possible way, they should not be punished by the courts, but they should have an opportunity to reform trial for a minor in conflict with the law should be based on non-criminal treatment through communities based on social control agencies, for example. Observation houses and special hou JUVENILE JUSTICE ACT, 2000 The law was enacted in 2000 with the aim and intention of providing protection to children. This was amended twice, first in 2006 and later in 2011. The change was made to close the gap and loopholes in implementation. 's in recent Furthermore, the increasing number of juvenile crime and the terrible incident of the "Delhi Gang Rape Case" have forced lawmakers to write the law. The main disadvantage of the law is that it contains poorly equipped legal provisions and the malfunctioning of the juvenile also the main reason to prevent child crime in India. The law was soon replaced by the Juvenile Justice (Care and Protection) Act, 2015. UVENILE JUSTICE ACT, 2015 AD Download to read ad-free.: V 7 3.60 mete ANU! omer caer rea AD Download to read ad-free. The objective is to consolidate laws related to suspected and found minors in conflict with the law and children in need of care and protection through restoration and taking into account their basic needs through proper care and protection, development, treatment, social integration, taking a child-friendly approach in judging and eliminating problems within the best interests of children .. The law also focuses on the rehabilitation of juvenile offenders through various children's homes and institutions. The most important topics of the law are the following: - Claim of Juvenility The first and most questionable question between the legal fraternity and the socialists is the "juvenility claim". The claim of juvenility must be decided by the juvenile justice Board. The Board has to decide on the claim of juvenility before the judicial procedure, but the claim of juvenility can be brought before the court at any stage of the procedure and even after the Board has closed the matter. The Board had to consider rule 12 of the juvenile justice rules 2000 to determine the claim of the juvenility. In the case of Kulai Ibrahim v. State of Coimbatore, The Court noted that the defendant has the right to raise the claim of juvenility at any time during the trial or even after the case was filed under Section 9 of the 2015 Juvenile Justice Act. In the case of Deoki Nandan Dayma v. State of Uttar Pradesh, the court ruled that enrollment in the school register that mentions the student's date of birth is admissible evidence for determining the age of the minor or showing that the accused is minor or minor. Again in the case of Satbir Singh vs State of Haryana, the Supreme Court reiterated that, in order to determine whether the accused is a minor or not, the juvenile justice Board must take into account the date of birth recorded in the school records. In the case of Krishna Bhagwan v. State of Bihar, the court stated that for the purposes of the trial under the juvenile justice Board, the relevant date for considering the minor's age should be the one when the crime was committed. But then, in the case of Arnit Das v. In the state of Bihar, the Supreme Court quashed its previous decision and determined that that date for deciding on the claim of juvenility must be the date on which the accused appears before the competent authority * Juvenile Justice Board There shall be a constitution of the board of directors for the inquiry and hearing of juvenile in conflict with the Law.: V 7 aEYd mete ANU! eee Bacar) a) The board is made up of the chief magistrate and two social workers, one of whom must be a woman. The law establishes that the Board cannot under any circumstances regulate and operate in normal judicial premises. The decision made by the chief magistrate is final. Special procedure of the juvenile justice council: * The law has established the procedure against the offender of the juvenile crime. The following are the main special procedures: * The procedure cannot be initiated by a complaint filed by the police or the citizen. * The hearing must be informal and must be strictly confidential. * Offenders must be kept in the observation house after arrest. * The trial for minors in conflict with the law must be carried out by the magistrate, * A juvenile in conflict with the law may be brought before a single board member when the Board is not sitting JUVENILE JUSTICE AND CONSTITUTION OF INDIA After independence, constitutional provisions encouraged developments in the field of the juvenile justice system in India. Part II] and Part IV of the Indian Constitution deal respectively with "fundamental rights" and "guiding principles of state policy" and contain special provisions on the care and protection of minors. The provisions of the Indian Constitution for juvenile justice are as follows: Article 15 (3): It allows the state to make special provision for children and women. Article 21-A: The state must provide free and compulsory education to all children from six to fourteen years old. Article 23: prohibits trafficking in human beings and forced labor. ildren under fourteen in factories, mines and other Article 24: prohibits the use of c dangerous works. Article 39 (e): orders the State to safeguard the tender age of children so that they do not participate in work inappropriate for their age or strength. Download to read ad-free: V 7 498 mle kee omer Rcaetc ea * — Article 39, (f): orders the State to offer opportunities and structures for the healthy development of children and to protect children and young people from exploitation and moral and material abandonment. * Article 45: The State provides early childhood assistance and education to children under the age of six. * Article 47: itis the duty of the state to increase the level of nutrition and the standard of living and improve health. Therefore, the legislature during the drafting of the Juvenile Justice Act 2015 took into consideration all the necessary provisions established by the Constitution so that the rights of minors are protected in all possible ways. This is for the same reason that Chapter IV of the law establishes provisions for the improvement of juveniles and has focused on the reform and rehabilitation of juveniles in all possible circumstances. PUNISHMENT: REFORMATIVE OR PUNITIV Juvenile justice is a legal framework that defines juvenile justice within the Indian legal sy The system offers special treatment and protection against juvenile delinquency. Juvenile delinquency means a crime committed by young people under the age of 18. At the moment, everyone knows that there is an increasing rate of juvenile crime and this increasing rate is creating a questionable age-determining problem. Determination of age is considered one of the most important factors in determining the maturity level of the accused. Does the increase in crime rate raise a question about whether the child can be tried as an adult or not? The act itself answers the question that no juvenile offender who is under the definition of "child in conflict with the law" as defined in section 13( 2) of the law should not be tried as an adult and should be sent to childhood or any rehabilitation center (until the offender has reached the age of 21 and can then be transferred to prison or prison). Therefore, the current law on minors in India considers that the determination of age is of fundamental importance to determine if the offender is within the scope of the juvenile justice law According to the law, the maximum length of sentence that can be given to minors is three years and this punishment is also valid for heinous crimes. In the case of an adult criminal, the maximum penalty that can be imposed is 7 years or life imprisonment or the death penalty. But, in the case of minors, the law believes in youth reform as much as possible. The type of reform punishment under the law includes: - sending children to rehabilitation centers, juvenile schools or involving them in various programs run by the government or NGOs. aD