JUVENILE JUSTICE

AND WELFARE
SYSTEM
Stephanie Mae B Clemen,
RCrim
 PD
"Ang Kabataan 603

ay Pag-asa ng RA
9344
Bayan"
RA 7610

RA
10627
 Juvenile
(Child)
a person of tender year
a minor, youth or those who are not emancipated by
law a person below 18 years of age, or those but are
unable to fully take care of themselves from abuse,
neglect, cruelty, explotation or discrimination because
of physical or mental disability or conditions.
a person below the age of majority, that is below
eighteen years old (EO 209-lowered the age of
majority from 21 to 18 years old)
 America - Philippine

Juvenil
e Chil
d
Juvenil
Delinquent CICL

Waywar Mino C AR
d r
 Overview of the Philippine Juvenile
Justice Welfare System
JUVENILE AND JUSTICE WELFARE
LAW
"Child in Conflict with the Law”
a system dealing with children “Child” is a person CI
at risk and children in conflict orCL on the other hand refers to
the under
eighteen child
a who is alleged as, accused of,
with the law, which provides adjudged as, having committed
child-appropriate year
age of (18) or
"Child at Risk” refers to offense
an under Philippine
proceedings, programmes
including s
child who is vulnerable
child
laws. can commit an act or
services fo
and prevention a whether
omission punishable
diversio rehabilitation,
r , re- and
to at the risk of committing or the special
amended laws Revised
integration and aftercare
n, criminal offences under
Penal Code which is referred to as an
ensuretheir
to normal personal,because
family of
and “Offense” Under RA10630,
growth and development circumstances.-
social offenses which only
neglected,
abandonedand living
or in a apply to a child and not
the word“juvenile" Philippin community with a high level to adults
These shall not arebe called “Status
considered
laws made use of e the of criminality or drug Offenses"
offensesand
as shall not be punished
“child" word abuse. committed if by a child (ex.
Curfew, truancy, parental
disobedience)
Overview of the Philippine
Juvenile Justice Welfare System

Before R.A. No. 9344 was enacted,

children at risk and CICL were treated
much like adult offenders as when former
President FerdinandMarcos, Sr.
signed into law the Judiciary Reorganization Act
1980 which abolished the juvenile and domestic
relations courts. As such child offenders were
subjected to the same adversarial proceedings as their
adult counterparts United Nations Convention on the
Rights of the Child (UNCRC), the R.A. No. 9344
intends to deal with these children without resorting to
judicial
proceedings. Instead of punishing juvenile offenders
and treating them as criminals, these child offenders
will be provided by the State and the community with
assistance to prevent them from committing future
 R.A. No. 9344, one bill
THE PHILIPPINES AS A into
passed law, institutionalized
promotionof the well- being
the
JUVENILE JUSTICE child
of and
involvement
their of parents
families,
guardians,promotion of
and
ADVOCATE diversion, avoiding deprivation
protecting
ofliberty
the privacy
and rights
of children.

I n the Philippines,membersof
had passed bills intendedto make
Congress
more
laws consistent with the Philippines’ R.A. No. 10630 further
advocacy on juvenile justice. emphasized child-sensitive justice
As much as the Philippines policies focused on the best
juvenile
should
justice be
systemconcerned
in harmony
with
with interest of the child. This
a
international policies, the dominant goal is principle has been first laid down
to achieve a standard national policy on in the Doha Declaration.
CICL rather than an accurate reproduction
of an international model on CICL.
 EMERGENCE EXPLOSION
the child begins at age of 13,
with petty there is
larceny between variety an
8 and sometime
during 12th year St ages seriousness

delinquency
of
EXPLORATION CONFLAGRATION
He or she then
may move on to at around 15,
shoplifting and four or more
vandalism types of crime
between 12 – added.
14
 Classification of
delinquency
Unsocialized aggression – rejected or
abandoned, no parents to intimate and become
aggressive
Socialized delinquency – Membership in
fraternities or groups tha advocate bad
t
things
Over- inhibited – group secretly
trained todo illegal activities like
marijuana cultivation
 Pathway to
delinquency
Authority-conflict Covert Overt
– begins
pathway –pathway
escalates to
pathway minor aggressiv acts
– begins at with e
age with underhanded
,
early behavior that beginning
aggressio wit
an
behavio
stubborn leads
to leading
n to hd
r property fighting and
physical
damage. to
then
violence
 Socialized
delinquents

Types of Neurotic delinquents

Delinquent
Youth Psychotic delinquents

Sociopathic
Socialized
delinquent s
they become delinquents as
a result of their social
association with people from
whom they learned deviant
values.
Neurotic
delinquents
these youths become
delinquents as a result of
distortion in their
personality and their ideasand
perception of the world
around them.
They become deviant because
of some anxiety or neurotic
compulsion.
Neurotic
delinquents
There are youths with severe
personality disorder have
significantly distorted perception
of the society and people
around them.
Their distorted view of reality and their
delusional thoughts may compel them to
commit weird acts that violate the law.
Sociopat hic
delinquent s
These youthsarecharacterized
by an egocentric
personality. They have
limited or no compassion of others.
Because of these character
defect, they can easily victimize
others with little or no
anxiety orguilt
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Important Events
Code of Hammurabi
– Oldest known code for thousand years
ago dating from 2270 B.C. discussed
runaways, children who disowned their
parents and sons who cursed their father are
severely being punished.
Roman Law and Canon (Church Law)
-Approximately two thousand years ago,
made distinction between juveniles and
adults based on the notion “ age of
responsibility”.
Roman Law
- Children came to be classified as “infans”, “proximus
infantiae”.
- In general infans were not held criminally responsible, but
those approaching puberty who knew the difference between
right and wrong were held accountable.
Infantia – means inability to speak.
Hospital of St. Michael
– the first institution for the treatment of juvenile offenders.
Established by Pope Clement XI in 1704.
Anglo Saxon Common Law

This law was influenced by roman and canon law.

Distinction between adult and juvenile offenders
Children under 7 were automatically presumed
innocent
Children over 14 were automatically judge as adult
Children between 7 and 14 were presumed innocent
because of their age, but could be found guilty under
certain circumstances
Robert Young
– In 1788 established the private, separate institution for
youthful offenders in England.
New York Committee on Pauperism
- In 1818, the committee gave the term “Juvenile
Delinquency” Its first public recognition by referring it as a
major cause of pauperism.
1899 – The first separate juvenile court was establish in
Chicago
1899-1967 - this has been referred to as the era of
socialized juvenile justice.
GROUP 2: SIRLANCE BONGCAWIL

THEORIES OF
PRINCESS TACLINDO

JUVENILE
DELINQUENCY
TOPICS:
STRUCTURAL FUNCTIONALISM

SYMBOLIC INTERACTIONALISM
 STRUCTURAL FUNCTIONALISM

“Breakdown of the different social

institutions are believed as the root
of juvenile delinquency”
 STRUCTURAL FUNCTIONALISM

Anomie Theory
Subculture Theory
Differential Opportunity Theory
Social Disorganization Theory
Control Theory
 ANOMIE THEORY

Anomie theory was first developed by Robert Merton in the

1940’s.

Merton’s theory explains that juvenile delinquency occurs

because the juveniles do not have the means to make themselves
happy.

Given their limited perspective, they often find that their goals
are unattainable and so they often resort to unlawful means by
which to attain their goals.
 Subculture Theory
In 1955, Albert Cohen developed the subculture theory, which is actually an
amalgamation of several of his theories. Subculture theory posits that juveniles who
do not “fit” and/or meet conventional social standards may seek validation from a
subculture.

The subculture group is formed of other juveniles who also do not meet conventional
social standards. These groups then engage in behavior that is generally viewed not
socially acceptable; and so, they actively rebel against socially acceptable standards.

Cohen understands juvenile delinquency to be a product of society. Given this, when

juveniles commit crimes, such as stealing, they do so because they are violating a
social norm, and in doing so they signal conformity with their subculture.
 Differential Opportunity
Theory
developed by Richard Cloward and Lloyd Ohlin in 1960, believes that opportunity
plays a role in juvenile delinquency. Cloward and Ohlin believe that if juveniles were
presented with more opportunities to succeed, they would be less likely to turn to
affiliation with subculture groups for validation.

holds that there may be other circumstances besides social factors that contribute to
a juvenile’s delinquency. For example, the theory posits that the juvenile may be
successful during school but may fail to find gainful employment. The inability to find
gainful employment can lead the juvenile to be delinquent (not simply social factors).

differs from the subculture theory because there are reasons other than social factors
that can lead a juvenile to be delinquent. If the juvenile has more opportunities, they
will be more willing to succeed than to join a subculture.
 Social Disorganization Theory

asserts that people's actions are more strongly influenced by the

quality of their social relationships and their physical
environment rather than rational thought.

Social disorganization theory also challenges the assumption

that people commit crimes as a result of free-willed and rational
decision-making. Instead, it argues that a lack of social bonds in
a community is strongly connected to increased criminal
inclinations, which explains why crime is not spread evenly
across communities.
 Control Theory

Delinquency is more likely among youth who lack social bonds

and positive social interactions among parents and peers.

Focuses on the strength of the bond of the individual to society,

as perceived and reported by the individual, it has proved
especially compatible with survey research and the self-report
method of measuring delinquency.
 SYMBOLIC INTERACTIONISM

“Individual are constantly seeking

for Social meaning and definitions of
their behavior”
SYMBOLIC INTERACTIONISM

Differential Association Theory

Neutralization Theory
Labelling Theory
 Differential Association Theory

A theory developed by Edwin Sutherland

proposing that through interaction with others,
individuals learn the values, attitudes, techniques,
and motives for criminal behavior. This theory
focuses on how individuals learn to become
criminals, but it does not concern itself with why
they become criminals.
 Neutralization Theory

proposes that juveniles sense an obligation to

the law. This obligation to the law remains in
place most of the time. However, when this
obligation is strained, juvenile delinquents
tend to drift into crime.
 Labelling Theory
The theory about labeling juvenile as delinquent says that once a
juvenile is labeled as delinquent he/she will surrender himself as
delinquent.

A juvenile may have committed a crime unintentionally but

labeling can make him a more serious criminal. Labeling often
makes a person more serious and stable criminal.

This labeling can become so strong that the delinquency will

navigate to adulthood.
THANK YOU!
TYPES OF DELINQUENT
YOUTH
1. SOCIALIZED
DELINQUENTS
Are adolescent delinquents who know and subscribe to the
norms of society, and who are fairly normal psychologically.
They are usually influenced by a group & their criminal
behavior is usually committed with a group.
It is also violations of the law by individuals younger than
18 years that result from their adherence to the attitudes
and values of a subculture. SUCH AS GANG that glorifies
criminal or antisocial conduct.
Also called subcultural delinquency. (APA.Org)
ASSESSMENT:
Involves history:Family and peer relationships, school history and history related to antisocial acts.
 2. NEUROTIC DELIQUENTS

A youth who always acts alone by

internalizing his or her own conflicts and is
largely preoccupied with his or her own
feelings. He/she suffers insecurity in life.
The anti-social behavior of the youth is a
direct result of internal conflict and pre-
occupation with his own emotion and
mood.
In psychology, an adolescent’s adoption of
impulsive antisocial behavior as a means of
rebelling against the family.
 3. PSYCHOTIC DELIQUENTS

This argues that the critical factors in delinquency are

personality problems, to which the misbehavior is presumed
to be the response. This advocates the use of counseling to
curtail juvenile misbehavior.
Psychopathic delinquents were hypothesized to score
significantly lower in empathy (both cognitive and affective) ,
be less responsive to the empathy arousal manipulation, and
be less likely to help another than the neurotic or comparison
groups.
Psychopaths are born
  
4. SOCIOPATHIC DELINQUENTS

People who have been diagnosed with antisocial personality disorder

(ASPD) are sometimes called sociopaths. They engage in behaviors that
typically harm others for the benefit of themselves. A “sociopath” has
little regard for another person's emotions, rights, or experiences.

Ascribes the distinction and variation and delinquency pattern to social

structures. The youth misdeed may be attributed to their learning process
cultured in on youth gangs, stigmatizing contacts with governmental and
social control agencies and other similar variables.

Sociopaths are made.

In a nutshell, people with sociopathy may have little empathy and a habit of rationalizing their actions. But they do know the difference
between right and wrong.

Psychopathy, according to Hare, involves no sense of morality or empathy.

 The factors which may be lead to juvenile delinquency:

o Faulty development of the child

o Lack of parental guidance
o Parental rejection
o Broken homes
o Lack of love
o Unfair treatment
o Too harsh discipline by either or both of the parents
o Too lenient discipline by either or both of the parents
o Parent’s indifference to their child
1. Physical Factors _are not just the result of our
heredity but environment also plays an important
role in shaping our body.

1.1 Developmental Abnormalities

1. 2 Poor Sleep
1.3 Physical Ailments
2. MENTAL FACTORS - It goes without saying that
mental or psychological factors play a big role in
shaping our behavior.

2.1Dominance and Egocentricism

2.2 Mental Abnormalities
2.3 Conflicts
2.4 Emotional instability
3. HOME CONDITIONS

3.1 Poverty
3.2 Luxury and riches
3.3 Broken home
3. 4 Lack of discipline
 4. SCHOOL CONDITIONS

4.1 Poor Attendance

4.2 Lack of recreation
5. NEIGHBORHOOD CONDITIONS- A good recreation and socialisation is
necessary for physical, mental , social, and emotional grooming.
Child need good social outlets where they can spend some time
having healthy activities especially have good after-school hours.

5.1 Gangs and Drugs

God
bles
 References:

By Jacquelin Goldman, Claudia L'Engle

Stein, Shirley Guerry. Psychological
methods of child assessment. . 16
September. 2011
<http://books.google.com/books?id
 
Vol. 6, No. 1 (JANUARY 1961), pp. 46-55
(10 pages)