PREPARED BY: DOAclis15_AUPraeclarus

HISTORY
PATRIARCHAL
SYSTEM
REBELLION
ADOPTION
OFCHILDREN
 1300

APPRENTICESHIP
12 Y/O
 AGE OF RESPONSIBILITY
 under 7 years of age =NOT
criminally responsible
 between ages 8 and 14=
ONLY IF… understood the
consequences of their
actions.
ENGLISH MARINE
SOCIETY
GOAL= PROVIDE
APPRENTICESHIP
JOHN FIELDING
 HOUSE OF
REFUGE FOR
ORPHAN GIRLS
PUBLICASYLUMS BY
THE PHILANTHROPIC
SOCIETY OF
LONDON
 Talmud specified conditions:
 no corporal punishment=prior
to puberty
 no capital punishment=less
than 20 y/o
 Moslems=17 exempt from
death penalty
Twelve Tables
children =criminally
responsible + same
criminal justice
system as adults
Adult vs Juvenile

Seven= Incapable

Fourteen= same as adult

King= Parens Patria

Court= in loco
parentis
12y/o= stole 12
pence  death
Childrenof
Paupers= could be
involuntarily
separated
Juvenile
Offenders Adult
Prison
Hospital of St.
Michael’s
Purpose: Correct and
instruct unruly youth
Juvenile Delinquency

Major cause of
Pauperism
First
Juvenile
Family Court
Country Illinois
THEORIES IN
DELINQUENCY
 SOCIAL
CLASS
THEORIES
Sources:
Failure to achieve positively
valued goals
Disjunction of expectations
and achievements
Removal of valued stimuli
Presentation of Negative
Stimuli
Delinquent
Subcultures=
depend upon the
degree of
integration
 Criminal Gang= older
criminals: Role Models
Conflict/Violent Gang=
Aim to find Reputation
Retreatist gang= “Double
Failures”
Richard Quinney &
William Chambliss
Fundamental
causes= Social +
Economic Forces
 John D. Hewitt &
Robert Regoli
J.D= Product of
oppression of children
by adults
INTERPERSONAL
THEORIES
definitions learned
favorable to violating
the law exceed
definitions favorable
to obeying the law
within the group
Behavior 
Observation

Family Training
Ground
SITUATIONAL
THEORIES
Juveniles= develop
justifications/
neutralization
allows youth to drift
Denial of Responsibility
Denial of Injury
 Denial of Victim
Condemnation of the
Condemners
Appeal to higher loyalties
CONTROL
THEORIES
Introduced by
Kaplan
Motivations are
minimized= devalue
sense of self
Terrence Thomberry
Weakening of Child’s
Social Bond=
Fundamental Cause of
Delinquency
Deviance=
individual’s
inability to
effectively control
his impulses
Delinquency
in General
 Incidence:
Accelerates at 13 and
peaks at 17
 Termination at about
18 or 19
 Emergence= Petty Larceny: 8-
12
 Exploration= move
 Explosion=increase
 Conflagration=15: 4 or more
types of crime are added
 Outburst= continue
 Authority
Conflict Pathway
Covert Pathway
 Overt Pathway
 Truancy= Habitual
unauthorized absences
 disregard to lawful
parental authority
Running away from home
 Use of Intoxicating
beverages
 Unsocialized Aggression= no
parents
Socialized
Delinquency=membership of
group
Over-inhibited= secretly
trained
 Malicious
 Negativistic
Non-Utilitarian
 Hedonistic
 Occasional
Delinquents= pro-social
 Gang Delinquents=
serious infractions
 Maladjusted
Delinquents=personality
disturbance
CAUSATION OF
DELINQUENCY
 Family Size
Child’s Birth
order= middle
children
Parents provide a
model of behavior
for the children
 John Bowlby

Short Absence of the

Mother
 Protest= cries +
screams
 Despair= withdrawn
 Detachment=loses
interest
 Inadequate
supervision
 erratic/harsh
discipline= delinquent
in adolescent
 Loving + friendly + just
home =
Conforming Behavior
Loving + liberal + open-
minded home =
Critical behavior
 Loveless + lonely +
problematic home life=
Deviant Behavior
 Father:
Chief Executive
 Mother:
Operating Officer
 Father: Head
Mother: Cheerleader
Children: players

Everything is
Competition!
Father: general
 Mother: Guard duty
Sadism: Character
Building
 Father: Rector/
Headmaster
Mother: Dorm Counselor
Children: Dutiful Students

Teach and Test!

Father:Producer
+
Mother: Stage Manager

Role are sex stereotypes!

 CULTURAL
SCRIPTS FOR THE
CONTEMPORARY
FATHER…
Presence is
appreciated BUT
NOT required!
The Traditional
Patriarchal
Father
Nurturing Individual

Masculine traits must

be removed!
Money Absence

NOT

Father Absence!
“A man who wishes
to procreate without
having to engage in
fatherhood”
Effectively
Invisible!
Not perfect but
enough to be
irreplaceable…
Happiness of marriage
+ Good marital Rel’ps
+ Strong Family
Cohesiveness

Key to delinquency
 Presence of
Irresponsible
Parents
One parent= decrease
the amount of
surveillance
Divorce= Poverty +
instability
 Living in a high
delinquency area
Difficulty in
controlling children
Criminal behavior/
alcoholism prior…
 School and
Delinquency…
“The general path
of occupational
Prestige”
Chronic Underachievers

Most likely to be
delinquent
 Lower IQ
Turbulent Family
Low Self-Control
Troubled Lifestyle
Social Class
Working Class= Not
well equipped
 Upper and Middle=
Heightened expectation
Tracking
Self-fulfilling Prophecy= Tend
to live up…
Stigma= Loss of Self-esteem
Student Subculture=value
system: rewards misbehavior
Teacher effectiveness
Future rewards
Grading Policies
Feeling of
separation from
mainstream
society..
Adolescence,
Peer and
Delinquency…
Antisocial Adolescents= “Birds
with the same feather flock
together”
Social Kids= marked by close
peer group support
Interactive Kids= Peers &
delinquency are M.Supporting
Gangs
Joan Moore
Commitment:
Defending one
another
Organization: H.I.V
Leadership
Turf:Territory
Cohesiveness: Privacies
Purpose: Offense
Setof character= defiant
Individualism:
Competitiveness
Mistrust
Self-reliance
Social Isolation
Survival Instinct
Defiant Air
 Axiomatic
Proposition of
Drugs and
Delinquency…
Uses drugs: attention to the
Juvenile Justice System
Uses drugs: Physically +
Psychologically dependent
Physically & Psychologically
dependent= delinquent acts
Delinquent Acts= Adjudicated
delinquent + Supervision
under Juvenile Court
 MARRIAGE…

“The Foundation of
the Family”
Special Contract
A
status/relation/
Institution
Family Code: conjugal
and family life\
Constitution: Foundation
of the Family
Muslim code: Can have
four wives at a time
Union
Of one man and one
woman
Reciprocal Blessing
Birth
Rearing
Education of children
 M=
Contract + Social Institution
Stipulations: fixed by law
Dissolved only: Death + annulment
O.C.=
Merely a contract
Stipulations: Fixed by parties
 Can be ended by M. Agreement
Legal Capacity: Male and
female only
Necessary age
18-21: Parental Consent
22-25: Parental Advise
NO IMPEDIMENT PRIOR…
Consent: Presence of
Solemnizing Officer
 Authority of
Solemnizing Officer
Valid Marriage License
 Marriage Ceremony
Member of the Judiciary
Minister of any Church
Ship captain/Airplane Chief:
cases of articulo mortis
Consul-general/Consul/Vice-
consul
Mayors: Under Local Gov’t
Code
Valid= 120 days from
date of issue
NO M.L= Widow
after 300 days ff. the
death of the husband
Marriage in Articulo Mortis
Marriage in remote places
Cohabited for at least five
years
Married in accordance with
customs
Appearance of
contracting parties
Before the solemnizing
officer
Presence of not less than
two witnesses
 Void
And Voidable
Marriage…
Contracted by 18 years and below
Solemnized by person not legally
authorized
Solemnized w/o a license
Bigamous/Polygamous marriage
Mistake: identity of the other
Psychologically
incapacitated: Comply
with marital obligations

By reason of Public policy

Collateral Blood Relatives: 4th Civil
degree
Step parent + Step Children
Parents-in-law + Children-in-law
Adopting parent + Adopted Child
Surviving spouse of the Adopting
parent + Adopted Child
Surviving spouse of the
Adopted Child + Adopter
Adopted Child + Legitimate
Child of the Adopter
Adopted children of the same
Adopter
Between parties where one, with
the intention to marry the other,
killed the other person’s
spouse, or his own spouse
Diriment Impediment= void
Prohibitive Impediment=don’t
affect the validity
Absolute Impediment=cannot
marry at all
Relative Impediment=respect
to other person
Annulment
and Legal
Separation…
Unsoundness of Mind
Fraud
Consent was obtained by force
Incapacities incurable
Afflicted with sexually
transmissible disease
Take Note:
In general, the
period for
annulment of
marriage is FIVE
YEARS
Two Kinds of Divorce:
Absolute Divorce:
dissolved
Relative Divorce/Legal
Separation: merely
separated from bed and
board
Repeated Physical Violence
Moral Pressure
Attempt to corrupt
Final Judgment: 6 years even if
pardoned
Drug Addiction
Lesbianism/Homosexuality
Subsequent bigamous
marriage
Sexual Perversion
Attempt: against life
Abandonment: 1 year
w/o justification
Take Note:
An action for legal
separation shall in no
case be tried before six
months shall have
elapsed since the filing of
the petition.
Annulment
vs
Legal
Separation
M is defective from the
beginning
Cause MUST exist at the
time of marriage
Seven grounds
Dissolves the marriage
NO defect in the
marriage
Cause: after the marriage
Ten grounds
Marriage remains
 The Family…

“ The foundation
of the nation”
Husband + Wife
Parent + Children
Brother + sisters=
Full or Half-Blood
Dwelling
house + Land=
Family resides
 Husband + Wife or an
unmarried head
Parents
Ascendants and
Descendants
Non-payment of taxes
Debt incurred PRIOR
constitution
Mortgages: before or after
Debts: who have rendered
services
P:Rel’p of the
father to the child

F:Rel’p of the child

to the father
One conceived
during or after the
marriage of the
parents
Legitimacy of the Child may be
impugned on the following
grounds:
Husband’s Physical incapacity to
have sexual intercourse: 1st 120
days
Biological or Scientific Reasons
Artificial Insemination= written
authorization= obtain though
mistake, fraud…
Conceived and
born outside a
valid marriage
Distinctio L I
n
Surname Father Mother
Successfu Entitled to ½ of
l Right Inheritanc legitimate
e ’s
Paternity 7 days No such
Leave benefit
 Adoption…

“Generally, only
minors are
adopted…”
 Possession of full
civil capacity and Legal
Rights
16 years older than
the person to be
adopted
Convicted of crime involving
moral turpitude
Alien, except:
Former Filipino Citizen=
Relatives by Consanguinity
Adopt legitimate Child of his
spouse
Married to Filipino Citizen
Person to be adopted: 10
y/o and above
Parents of the Child
The legitimate children
(10 y/o)of the adopting
parent
Spouse
Adopted Child be
deemed legitimate
child
Parental Authority be
vested on the adopters
Adopted=heirs
Parental Authority(Patria
Potestas)…

“Sum total of the right of

parents over the person
and property of their
children”
Parental Authority

Parent Present
 Parental authority

Parent designated by the

court

“Choice of the Child over 7

y/o”
 Surviving grandparent

Oldest brother/sister (21 y/o)

Child’s actual custodian (21

y/o)
Laws on Juvenile
Delinquency…

P.D 603
R.A 7610
R.A 7658
R.A 8369
Child and Youth
Welfare Code
Child: “The most
important asset of
the nation”
Child Caring
Institution=Primary purpose:
Education
Detention Homes= Awaiting
Court disposition
Shelter-care
Institution=emergency
reception
Receiving Homes=under
observation and study
Nursery=CCI 6 or
more 6 y.o
Maternity
Home=Pregnant women
+ infants
Rehabilitation
Centers=Disturbed
Children

Reception& Study
center= Behavioral
Problems

Child-Placing Agency=
children for placement
D=WITHOUT dependent
upon the public
A=NO proper parental
care/deserted for SIX
MONTHS
N= Basic Needs:
deliberately unattended
Physical
Neglect=
Malnourished/ WITHOUT
proper Shelter

Emotional
Neglect=Exploited
A legal act of entrusting
a child to the care of the
DSWD or any duly
licensed child placement
agency or individual.
 Mentally Retarded,
Physically
Handicapped,
Emotionally Disturbed
and Mentally Ill
Children
Retarded
intellectually from
birth or early age
Custodial Group=25least
Capable
Trainable Group=25-50Basic
Skills
Educable=50-75
Borderline/Low Normal Group=
75-89Highest group
Defective= Means of
Action and
Communication
Unable to
maintain normal
social relations
Behavioral
Disorder= Require
professional Help or
hospitalization
Mentally retarded
Physically
Handicapped
Emotionally Disturbed
Mentally Ill
R.A 7610
AND
R.A. 7658
Below 18 years of
age
Incapable of
taking himself
 Act of deliberately inflicting
physical injuries
 Unreasonable deprivation of
basic needs
 Act which debases or
demeans…
 Physical Abuse/Maltreatment/Child
Battering
 Psychological
 Child Neglect
 Sexual Abuse
 Sexual Exploitation
 Child Labor Exploitation
 Child Trafficking
BRAIN RULE NUMBER
4:

“REPEAT TO
REMEMBER”
 BRAIN RULE
NUMBER 5:

“REMEMBER TO
REPEAT”
 FUTURE
CRIMINOLOGISTS...

BELIEVE THAT YOU

CAN!