Juvenile Notes
Juvenile Notes
Juvenile Notes
Juvenile Delinquency
PD 603 - Child and Youth Welfare Code
RA 9262 - Anti Violence Against Women and their Children Act of 2004.
RA 9344 - Juvenile Justice and Welfare Act of 2006
Youthful offender - over 9 years old but under 18 years old at the time of the commission of the offense.
Crime Theories Applicable to Juvenile Delinquency
1. Rational Choice - causes of crime lie within the
individual offender rather than in their external
environment.
2. Social Disorganization - absence or breakdown of
communal institutions and communal relationships
that traditionally encouraged cooperative
relationships among people.
Communal Institutions
1. Family
2. School
3. Church
4. Social Groups
3. Strain Theory - crime is caused by the difficulty of
those in poverty in achieving socially valued goals
by legitimate means.
4. Differential Association - young people are
motivated to commit crimes by delinquent peers
and learn criminal skills from them.
5. Labelling Theory - once a person is labeled criminal
they are more likely to offend. Once labeled as
deviant, a person may accept that role and more
likely to associate with others who have been
similarly labeled.
6. Social Control Theory - proposes that exploiting
the process of socialization and social learning
builds self control and can reduce the inclination
to indulge in behavior recognized as anti social.
Four Types of Control That Can Help Prevent JuvenileDelinquency
1. Direct - punishment is threatened or applied for
Status offenses - is an action that is prohibited only to a certain class of people and most often applied to
offenses only committed by minors. example, under age smoking.
2. Property crimes - is a category of crime that includes theft,robbery,motor vehicle theft,arson,shop lifting
and vandalism.
3. Violent Crime in which the offender uses or threatens to use violent force upon the victim.
Age of Majority - is the threshold of adulthood as it is conceptualized,recognized or declared by law.The vast
majority ofcountry including the Philippines set majority age at 18.
Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person between the ages of 13 and
19.
Types/Categories of Juvenile Delinquency
1.
Delinquency - crimes committed by minors which are dealt with by the juvenile courts and justice system.
against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations,
truancy, parental disobedience and the like.
5. Restorative Justice - refers to a principle which requires a
process of resolving conflicts with the maximum involvement of
the victim, the offender and the community.
6. Recognizance - refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible for
the appearance in court of the child in accordance with the law,
when required.
7. Offense - refers to any act or omission whether punishable
under special laws or the Revised Penal Code, as amended.
8. Law Enforcement Officer - refers to the person in authority or
his/her agent as defined in Article 152 of the Revised Penal
Code, including a barangay tanod.
9. Juvenile Justice and Welfare System - refers to a system
dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development.
10. Intervention - refers to a series of activities which are designed
to address issues that caused the child to commit an offense.
It may take the form of an individualized treatment program
which may include counseling, skills training, education, and
other activities that will enhance his/her psychological,
emotional and psycho-social well-being.
11. Initial Contact With the Child - refers to the apprehension or
taking into custody of a child in conflict with the law by law
enforcement officers or private citizens.
12. Diversion Program - refers to the program that the child in
conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal
court proceedings.
13. Diversion - refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict
community-based sanctions.
15. Diversion: A process by which a youth is channeled from the
juvenile justice system. Examples are Informal Adjustment,
Truancy Court, etc.
16. Intake: The process used for every youth referred to juvenile
court. Intake involves screening each youth to determine the
appropriateness for release or referral to a diversionary program
or agency for nonofficial or nonjudicial handling. This screening
also identifies the presence of medical, psychiatric,
psychological, substance abuse, and educational problems or
other conditions that may have caused the youth to come to
the attention of law enforcement or intake. Intake includes initial
screening of a status offender to determine the recommended
action to be taken in the best interests of the youth, the family,
and the community.
17. Juvenile delinquency program: Any program or activity related
to juvenile delinquency prevention, control, diversion,
intervention,treatment, rehabilitation, planning, education,
training, and research.
18. Mediation: A process by which a neutral third person, or
mediator, encourages and facilitates the resolution of a dispute
between two or more parties. It is an informal process designed
to help the disputants reach a mutually acceptable and voluntary
agreement. Decision making authority rests with the parties.
The role of the mediator includes, but is not limited to, helping
the parties identify issues, fostering joint problem solving, and
exploring settlement alternatives.
19. Mentoring: Generally involves providing support and guidance to
and spending time on a regular basis with a youth. Mentoring
activities can include participating in sports, playing games,
shopping, taking hikes, helping with homework, and
doing chores.
20. Protective factors: Factors that help to reduce the impact of
risk factors in a young person's life.
21. Risk factors: Certain problem behaviors present risk factors in
a young person's life that may contribute to later delinquency.
A few examples include the availability of drugs and firearms in
2. Crimes Of Violence
Crime Rate Population X 100%
-------------Crime Volume
Critical Theory explains that delinquency is the by product of social arrangement.
Defendant Child Is one who is without a parent, guardian or othercustodian or one whose parents, guardian o
other custodian for good cause desires to be relieved of his care and custody.
Delinquency Acts against norms, mores of society.
Deviancy Is a stage of human existence where one has ceased to believe in love whereby the child ends up bi
empty, lonely, resentful and in most cases emotionally infantile.
Edwin Schur Radical Non Intervention if a child commits an offense, he should be left alone.
Emancipation Liberty from parental authority.
Emotionally Disturbed Children Are those who although not afflicted with insanity or mental defect are unab
maintain normal social relations with others and the community in general due to emotional problems and
complexes.
Epideology Transmission.
Etiology Delinquency
Family Home Constituted jointly by the husband and the wife or by unmarried head of a family, is the dwelli
house where they and their family reside and the land on which it is situated.
Hedonism Pleasure, highest goal of man's life.
Hedonistic Calculus Process of weighing pleasure and pain.
Idea Of Determination Any act committed awaits an explanation to the natural world.
Jeremy Bentham Introduced punishment of imprisonment.
JJS Juvenile Justice System
Juvenile person/Minors/Youth whose mental and emotional faculty has not been fully developed.
Juvenile Delinquent Person commits any act of delinquency.
Juvenile Diversion Offender is removed from JJS and diverted to other government programs.
Labelling Theory 1. Internationalist Perspective any youth who commits a crime should be left alone
2. Social Perspective
Neglected Child is one whose basic needs have been deliberately unattended or inadequately attended.
Neo-Classical Theory Modified the classical theory, excepted the child and lunatics from punishment.
Parental Authority/Partia Potestos Rights and obligations which parents have in relation to the persons and
property of their children until their emancipation and even after this under certain circumstances.
PD 603 Child and Youth Welfare Code Approval Dec.10,1974
Effectivity June 10,1975
Police Prime mover of JJS
- Backbone of CJS
Poverty Means the condition of that group whose income is low, therefore, the standard of living is not enoug
maintain normal health and efficiency.
Some Causes of Poverty Which Could Be One Of The Causes Of Crime
1. Physical Environment
2. Unfavorable Economic Condition
3. Social Environment
4. Defects in Government
5. Defects in Education
Proponent of Classical Theory
1. Jeremy Bentham
2. Cesare Beccaria
Proponents Of Positivist/Italian Theory
1. Cesare Lombroso
2. Enrico ferri
3. Rafael Garofalo
RA 6809 18 years old - age of majority.
RA 8669 Law which created the family court.
Truancy Frequent Absences
Types Of Delinquents
1. Occasional Delinquent
2. The Gang Delinquent
3. Mal Adjusted delinquent
Welfare Model Is the positivistic approach which holds that young offenders should be helped rather than
punished.
William Bonger Social Conflict Theory society is composed of the ruling class and the ruled class.
Young Offenders Fall Into Two Categories
1. Juveniles
2. Young Adults at least 17
Youthful Offender below 18 years old.
- Is one who is over 9 years but under 18 years of age at the time of the commission of the
offense.
Zones Of Peace Children trapped in an armed conflict based on RA 7610.