crim 105 - juvenile delinquency and juvenile justice system

juvenile

a child or a young person

juvenile

a minor, a youth, or who is not yet emancipated by law

juvenile

a person below the age of majority, that is, below eighteen years old, or who is unable to fully take care of himself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition

eighteen years

age of majority; majority commences at the age of _____

RA 6809

what republic act lowered the age of majority from twenty-one to eighteen years

emancipation

freedom from parental authority, both over his person and property

delinquency

any action, course, or conduct that deviates from acts approved by the majority of the people

delinquency

any misconduct or misbehavior that is tantamount to felony or offense

delinquency

acts that do not conform to the accepted rules, norms, and mores of the society

juvenile delinquency

it refers to anti-social act which deviates from the normal pattern of rules and regulations, custom and culture when society does not accept and which therefore justifies some kind of corrective measures in the public interest and it is being committed by minors

child

it is one of the most important assets of the nation. thus, every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life

PD 603

presidential decree that states a child is less than twenty one years

RA 6809

republic act that states a child is less than eighteen years

child

refers to a person below eighteen years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition

juvenile delinquents

any child whose conduct is characterized by anti-social behavior

youthful offender

PD 1179; is a child, minor, or youth, including one who is emancipated in accordance with law who is over nine years but under eighteen years of age at the time of the commission of the offense

status offense

13 years old having a drinking spree of alcoholic beverages

status offense

certain acts or omissions which may not be punishable socially or legally if committed by adults but become anti-social or illegal because the offender is a minor

environmental delinquents

characterized by occasional law breaking

emotionally maladjusted delinquents

characterized by chronic law breaking, a habit which this type cannot avoid or escape from

psychiatric delinquents

characterized by serious emotional disturbances within the individual and in some cases associated with tendencies towards mental illness

social

an aggressive youth who resents authority of anyone who makes an effort to control his behavior

asocial

one whose delinquent acts have a cold, brutal, and vicious quality for which the youth feels no remorse

neurotic

one who has internalized his conflicts and is preoccupied with his own feelings

accidental

one who is essentially sociable and law-abiding but happens to be at the wrong time and place and becomes involved in delinquent acts not typical of his general behavior

father of the country

the legal doctrine parens patriae means

parens patriae

father of the country; the doctrine that does not consider delinquent acts as criminal violation, thus making delinquents non-criminal persons and cannot be found guilty of a crime and punished like an adult criminal

parens patriae

views minors who violate the laws as victims of improper care, custody, and treatment at home

parens patriae

assumption by the state of the role of guardian over children whose parents are deemed incapable or unworthy

english chancery court

it is the concept that originated the doctrine of parens patriae

chancery courts

protected the property rights and welfare of minor children who could not care for themselves

chancery courts

the court dealt with issues of guardianship and the use and control of property

chancery courts

the courts operated under the parens patriae philosophy which held that children were under the protective control of the state

guardian ad litem

phrase meaning “for the proceeding” referring to adults who look after the welfare of a child and represent their legal interests

guardianship

court order giving an individual or organization legal authority over a child; a guardian of the person is usually an individual and the child is called a ward

in loco parentis

teachers, administrators, and babysitters who are viewed as having some temporary parental rights and obligations

in re gault

case that determined the constitution requires a separate juvenile justice system with certain standard procedures and protections, but still not as many as in adult system

family immunity doctrine

legal doctrine preventing unemancipated children from suing their parents

family purpose doctrine

legal doctrine holding parents liable for injuries caused by a child’s negligent driving or other actions

riyadh guidelines

in 2019, UN-ECOSOC, the guidelines for the prevention of juvenile delinquency

riyadh guidelines

the guidelines for the prevention of juvenile delinquency

beijing rules

united nations standard minimum rules for the administration of juvenile justice

havana rules

united nations rules for the protection of juveniles deprived of their liberty

biogenic approach

it gives an explanation that law violations and delinquency are a result of some physical defects

psychogenic approach

it argues that the critical factors in delinquency are personality problems to which misbehavior is presumed to be the response

sociogenic approach

it attributes delinquency pattern to social structures. it views youthful misdeed as a result of a learning process through interactions with other members of society

predisposing factors

internal propensities which may not be considered as criminal unless the attempt was made; mere thoughts and tendencies to commit a crime

precipitating factors

conditions and elements which provoke crimes such as personal problems, curiosity, ignorance, necessities, diseases, traumatic experiences and the like; things that can highly encourage criminality

choice theory

it is based on the classical school of criminology that views an individual as having free will in choosing his actions and that he calculates what he will gain or lose if he commits an act. it views the delinquent as a motivated offender who breaks the law because he or she perceives an abundance of benefits and an absence of threat

biosocial or trait theories

present term for biogenic approach; these are based on the view that both thought and behavior have biological and social bases

combination of biological and social factors

biochemical

sub-theory; it views that crime and delinquency especially violence are the result of diet, vitamin intake, hormonal imbalance, and other biological causes

neurological

sub-theory; it explains that crime and delinquency occur because the individual suffers from brain impairment or abnormality in the structure of the brains

genetic

sub-theory; it explains that delinquent traits and predisposition to criminality are inherited from parents. criminality of parents can predict delinquency of children

psychological theories

views delinquency as a result of emotional and mental disturbance of the individual

psychodynamic theory

sub-theory; delinquency is the result of the imbalance of the three components of personality (id, ego, superego)

behavioral theory

sub-theory; it believes that individuals learn by observing how people react to their behavior

cognitive theory

sub-theory; delinquency-prone adolescents may have cognitive deficits and use information incorrectly when they make decision

sociological theories

they view delinquency as a product of the different social factors and dynamics; social factors being cause of delinquency

social structure theories

they hold that delinquency is a function of a person’s place in the economic structure

social process theories

they view delinquency as a result of poor or faulty socialization or upbringing

social reaction theories

they view delinquent acts and criminality as products of stigma and labeling

social conflict theories

they hold that delinquent behavior is a product of economic inequality

attention deficit hyperactivity theory

juvenile delinquency is caused by immaturity and hyperactivity

grade schoolers usually experience this disorder, which is characterized by: short attention span, day dreaming, sluggishness, preoccupation, impulsiveness

family

the first and most basic institution of society responsible for developing a child’s potential in all its aspects like physical, emotional, spiritual, moral, intellectual, and social

family

molds the child to learn to curb his desires and to accept rules that define the time, place, and circumstances under which highly personal needs may be satisfied in socially acceptable ways

marriage (wedlock)

a special contract of permanent union between a man and a woman entered into for purposes of establishing conjugal and family relation; social or legal contract between individuals that creates kinship

kinship

human relation whether by blood or by marriage

monogamy

one marriage; one man and one woman

polygamy

having more than one marriage; one man with more than one woman or one woman with more than one man

polygyny

marriage of one man with two or more wives

polyandry

marriage of one woman with two or more husband

adoptive marriage

a kind of marriage in which a family who does not have a son and in order to preserve their surname requests the prospective son-in-law to adopt the family name of the bride’s parents before marriage

sororate marriage

this is called sister-in-law marriage where a man remarries his deceased wife’s sister

levirate marriage

a woman who remarries the brother of her deceased husband

ghost marriage

it is similar to levirate marriage; the children became the “sired” by the dead husband. this means that the second husband or the brother is only a “surrogate” or who substituted for his brother

endogamy marriage

a form of marriage practice in some tribes that an individual should marry from a member of one’s clan or ethnic group. however, the parents may direct that marriage may be extended to the religious group or social class

exogamy marriage

the marriage which prescribes that one marries outside of one’s clan or ethnic group

neolocal residence

the couple will live in a new house; own residence

patrilocal residence

the newlyweds live (moves) to the husband’s parents; other name is virilocal residence

matrilocal residence

the newlyweds live or move with the wife’s parents residence; it is also called uxorilocal residence

bilocal residence

when the newlyweds shift or transfer residence from matrilocal to patrilocal residence or vice versa

patriarchal

the father controls and holds the decision making in the family

matriarchal

the mother controls and acts as the decision maker in the family

egalitarian

the father and the mother share similar and equal roles in the family both in control and decision making

nuclear family

consists of father, mother, and children

extended family

consists of father, mother, children, grandparents, uncles and aunts, nephews and nieces, and in-laws

conjugal family

consist of the husband and wife only

blended family

mixing of two families brought by divorce or remarriage

authoritative parents

warm and responsive, clear rules, high expectations, supportive and value independence. children tends to have higher academic performance, more self-esteem, better social skills, less mental illness and lower delinquency

authoritarian parents

less warmth and nurturing, high expectations but low responsiveness and mistakes are punished harshly and expect blind obedience. a child tends to have lower academic performance, low self-esteem, poorer social skills, drug and alcohol abuse and delinquency

indulgent or permissive parents

warm and responsive, few or no rules, indulgent, lenient. children may be having impulsive behavior, egocentric, poorer social skills and problematic relationships

indifferent or neglectful parents

cold and unresponsive, no rules, uninvolved, indifferent. children can be impulsive, cannot self-regulate emotions, encounter more delinquency and addiction problems and may have more mental issues like suicidal behavior

school

considered the second home of a child, with teachers as the second parents institution responsible for the training of young person’s intellectual, moral, as well as social skills which they need for them to grow up as productive, law-abiding and responsible citizens

truancy

frequent, unreasonable absenteeism from school; being out of school without permission for 20 days or more

dropping out

leaving the school before completing the required program of education

underachievers

those who fail to meet expected levels of school achievement

school failure

failing to achieve success in school can result in frustration, anger, and reduced self-esteem, which may contribute to delinquent behavior

environment

the culture, norms, and behavior of the child’s surroundings may very well influence the upbringing of the child

gang

groups of youths who collectively engage in delinquent behaviors. groups of young people whose members meet together with some regularity, on the basis of group-defined criteria of membership and group defined organizational characteristics

graffiti

inscriptions or drawings made on a wall or structure and used by delinquents for gang messages and turf definition