Juvenile Delinquency

Delinquency

Delinquency refers to any action; course of conduct that deviates from act approved by the
majority of people. It is a description of those acts that do not conform to the accepted rules,
norms and mores of society

It is any misconduct or behavior or misbehavior that is tantamount to felony or offense. It maybe

in the form of violation of law, ordinance or rule but it is punishable only by a small fine or short
term imprisonment or both.

Legally speaking – it means the failure to perform an act required by law, or the non –
performance of duty or obligation that is mandated by existing law or rule.

Delinquent Person

A delinquent person is one who repeatedly commits an act that is against the norms or mores
observed by the society.

When a person habitually commits an act that is not in accordance with the rules or policies of a
community where he belongs, he is considered a delinquent

Juvenile Delinquency

It is an anti – social behavior which differ from the model of set of laws and parameters, culture,
custom which society in broad spectrum does not conform.

Juvenile Delinquency is typically defined as an act committed by a minor that violates the penal
code of the government with authority over the place where the act occurred.

Juvenile Delinquency generally refers to youth behavior which is against the norms and
regulations of society.

Categories of Delinquent Youth

1. Accidental –

Less identifiable in personality and temperament, essentially law – abiding citizen but
happens to be at the wrong place at the wrong time. This maybe credited to peer pressure or pure
curiosity on the part of the young person.

2. Asocial –

Children whose acts are manifested by vile, cruel and atrocious acts and conducts for which
they feel no remorse
3. Neurotic –

The anti – social behavior of the youth is a direct result of internal conflict and pre –
occupation with his own emotion and mood

4. Social

Refers to an aggressive teen who resents authority, whether it be parental, school regulations
or ordinances and laws passed by the proper legislative authorities. The most common reason for
such dislike is focused on anyone who tries to control their conduct.

Methodology towards Delinquency

1. Biogenic Approach

Views that law violations and delinquency is a result of some physical defects, which
advocates that misconduct is a direct result of faulty biology. Support from family members,
friends and acceptance of the community may solve the problem.

2. Psychogenic Approach

Critical factors in delinquency are personality problems to which the misbehavior is

presumed to be the cause. Response – counseling maybe used to curtail delinquency

3. Sociogenic Approach

Ascribes the distinction and variation and delinquency pattern to social structure, which
maybe attributed to their learning process cultured in youth gangs, stigmatizing contacts with
governmental and social control agencies and other similar variables.

Types of Youth Disorders

1. Anti – Social Behavior

Characterized by disobedience and disrespect for authority

2. Truancy

Failure to attend classes for 20 days without any reasonable cause

3. Emotional Disorders

Such misbehavior is related to fear reactions, temper tantrums and jealousy reactions

4. Lying
 Penchant for not telling the truth clearly manifests that the following are lacking: love,
respect, security, attention, acceptance, praise and happiness

5. Vagrancy

Children who are unable to cope with their family life and choose to leave the family home

6. Stealing

This comes from loose morals in the home, lack of economic security wherein the parents
are unable to provide for the needs of their children, undisciplined desire for possession and
pleasure and parental indifference.

Factors Causing Juvenile Delinquency

1. Family

It is the basic unit of society whose main responsibility is to provide the basic necessities of
the child as well as to give emotional, spiritual, moral, intellectual and social basic to its
members particularly the children.

It is the primary social agency with the significant task of rearing the youth.

A nucleus family consists of a father, a mother and their children.

The Ideal Criteria for a Normal Home

1. Structural completeness
2. Economic security
3. Cultural conformity
4. Physical and psychological conformity
5. Functional or emotional adequacy

Factors which may lead to Juvenile Delinquency

• Faulty development of the child

• Lack of parental guidance
• Parental rejection
• Broken homes
• Lack of love
• Unfair treatment
• Too harsh discipline by either or both parents
• Too lenient discipline by either or both parents
• Parents indifference to the child
2. Environment

Culture, norms and behavior of the child’s surroundings may very well influence the
upbringing of the child especially throughout their formative years and such misbehaviors
learned will definitely be carried out until the child’s maturity or entrance to the adolescence.
Behavior modification by means of imitation as brought about by the environment are as
follows:

• Rampant drug addiction

• Vices such as gambling and alcoholism
• Association with criminal groups and gangs
• Impulse of fear and resentment
• Crime inducing situations and presence of hazards
• Attractive nuisances prevalent in the environment

3. School

Vital to proper child development. It represents the child’s second home and represents
the instrument for the training of young persons which should provide goals, values and
academic growth which will be necessary to transform the child to be productive, law –
abiding and responsible citizen.

4. Mass Media and others outside of environment

The media plays a very important role in the development of youth today. The mass media
should be encouraged:
a. to ensure that young persons have access to information and material from a diversity of
national and international sources
b. portray the positive contribution of young people to society
c. to disseminate information on the existence of services, facilities and opportunities for
young people in the society
d. to minimize the level of pornography, drugs and violence and exploitation disfavorably
as well as to avoid demeaning and degrading presentations, especially of women,
children and interpersonal relations and to promote egalitarian principles and roles
e. it should be aware of its extensive social role and responsibility, as well as its influence in
communications relating to youth drug and alcohol abuse

Instances of Deviant Conduct of Children Attributed to School

1. Truancy
2. Membership in fraternities and sororities
3. Lack of facilities for curricular and extracurricular activities
4. Failure of the mentors in the characters development of the students
5. Methods being used which create the conditions of frustration and failure on the part of
the students
6. Corruption
Special Categories of Children

1. Dependent Child

One who is without a parents, guardian or custodian or one whose parents, guardian or
other custodian for good cause desires to be relieved of his care and custody; and is dependent
upon the public for support

2. Abandoned Child

One who has no proper parental care or guardianship or whose parents or guardian have
deserted him for a period of at least six (6) continuous months.

3. Neglected Child

One whose basic needs have been deliberately unattended, which may occur in two ways:

a. Physical Neglect - When the child is malnourished, ill clad and without proper
shelter. A child is unattended when left by himself without provisions for his needs
and/or without proper supervision.
b. Emotional Neglect- Children which are maltreated, raped or seduced or when
children are exploited, overworked or made to work under conditions not conducive
to good health or are made to beg in the streets or public places, or when children are
in moral danger, or exposed to gambling, prostitution and other vices.

Mentally Retarded Children: (PD 603 - Art 168)

Mentally Retarded Children are:

a. Socially incompetent – that is socially inadequate and occupationally incompetent

and unable to manage their own affairs
b. Mentally subnormal
c. Retarded from birth or early age
d. Retarded from birth or early age
e. Mentally deficient as a result of constitutional origin, through hereditary or disease
and
f. Essentially incurable

Special Laws

PD 603: The Child and Youth Welfare Code

1. The rights of the parent (Arts 43 – 45)

2. The duties of parent (Arts 46 – 57)
3. The rights of the child ( Arts 3)
4. The duties of the child (Art 4)
 5. The duties in general of the community (Arts 84 – 85)

RA 9344: Juvenile Justice and Welfare Act of 2006 as amended by RA 10630

RA 7610: Special Protection of Children Against Child Abuse, Exploitation and

Discrimination Act."

Rights of the Child under PD 603

All children shall be entitled to the rights herein set forth without distinction as to legitimacy or
illegitimacy, sex, social status, religion, political antecedents, and other factors.

(1) Every child is endowed with the dignity and worth of a human being from the moment of his
conception, as generally accepted in medical parlance, and has, therefore, the right to be born
well

(2) Every child has the right to a wholesome family life that will provide him with love, care and
understanding, guidance and counseling, and moral and material security.

The dependent or abandoned child shall be provided with the nearest substitute for a home.

(3) Every child has the right to a well-rounded development of his personality to the end that he
may become a happy, useful and active member of society.

The gifted child shall be given opportunity and encouragement to develop his special talents.

The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.

The physically or mentally handicapped child shall be given the treatment, education and care
required by his particular condition.

(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic physical requirements of a healthy and vigorous life.

(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.

(6) Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself and to his
fellowmen.

(7) Every child has the right to full opportunities for safe and wholesome recreation and
activities, individual as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral
development.

(9) Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of his health and
the cultivation of his desirable traits and attributes.

(10) Every child has the right to the care, assistance, and protection of the State, particularly
when his parents or guardians fail or are unable to provide him with his fundamental needs for
growth, development, and improvement

(11) Every child has the right to an efficient and honest government that will deepen his faith in
democracy and inspire him with the morality of the constituted authorities both in their public
and private lives

(12) Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to contribute his
share in the building of a better world.

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. 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 his/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;
j. 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;
l. in general, the right to automatic suspension of sentence;
m.