Juvenile Delinquency and Juvenile Justice

DELINQUENCY IN GENERAL

• refers to any action; course or conduct that deviates from acts approved by the majority of people.

• is a general term for any misconduct or misbehavior that is tantamount to felony or offense.

• It is a description of those acts that do not conform to the accepted rules, norms and mores of the society (sociological definition):

• It is, however, distinct from crime in the sense that the former may be 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, delinquency means the failure to perform an act required by law, or the nonperformance of a duty or obligation that is mandated by existing law or rule.

JUVENILE DELINQUENCY

It is an anti-social behavior or act which does not conform with the standards of society.

• Youth behavior which is against the norms and regulations of society which if left unchecked would give rise to criminality

• It describes a large number of disapproved behavior of children or youth.

• It is considered as anti-social acts or behavior of children which deviate from the normal pattern of rules and regulations, custom and culture which society does not accept and which therefore justify some kind of admonition, punishment or corrective measures in the interest of the public."

JUVENILE

- A child or a young person, who, under the legal system may be dealt with for an offense in a manner different from that of an adult.

• A minor, a youth, or who is not yet emancipated by law. - Refers to a person of tender years.

• 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 conditions.

JUVENILE DELINQUENT

are young people who are regarded as immature or one whose mental as well as emotional faculties are not fully developed thus, making them incapable of taking full responsibility of their actions.

• In legal points, the term juvenile is a person subject to juvenile court proceedings because of a statutorily defined event or condition caused by or affecting that person and was alleged to have specified age limit. occurred while his or her age was below the In view of the above, juvenile delinquents are youthful offenders and have been adjudicated as such by the court of proper jurisdiction.

• The term should only be applied to children who commit criminal offenses and is in need of supervision or treatment.

It commences at the age of eighteen (18) years.

AGE OF MAJORITY

EMANCIPATION

It is freedom from parental authority, both over his person and property.

• It happens upon reaching the age of eighteen years.

DELINQUENT

One whose behavior has brought him into repeated conflict with the law regardless of whether or not he has been taken before a court and adjudged as a delinquent. - one who has committed an offense that violated the approved norms of conduct and is guilty of a misdeed

STATUS OFFENSES

These are 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, such as:

• truancy or frequent unreasonable absenteeism from school; - 20days or more

• use of profane language; c) running away from home; d) smoking and drinking alcoholic beverages; e) disobedience to parents, guardians or school officials - mendicancy or begging in the streets; association with delinquent gangs; or curfew violations.

ANTI-SOCIAL BEHAVIOR

It is characterized by disobedience to, or disrespect to authorities.

PARENS PATRIAE

(father of the country")

• It is a 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. It views minor who violates laws as victims of improper care, custody and treatment at home.

• It is the assumption by the State of the role of guardian over children whose parents are deemed incapable or unworthy. It is the authority of the state to act on behalf. of the children.

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.

FOSTER CARE

Temporary care funded via Federal-State passthrough and arranged by a child welfare agency in order to allow receipt of adequate food, clothing, shelter, education, and medical treatment for anyone raising a child that is not their own.

GUARDIAN AD LITEM

Phrase meaning "For the Proceeding" referring to adults who look after the welfare of a child and represent their legal interests.

1) ENVIRONMENTAL DELINQUENTS

2) EMOTIONALLY MALADJUSTED DELINQUENTS

3) PSYCHIATRIC DELINQUENTS

THREE TYPES OF DELIQUENCY

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

• neurotic

• asocial

• accidental

TYPES OF DELINQUENT YOUTH

SOCIAL

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

NEUROTIC

One who has internalized his conflicts and is preoccupied with his own feelings.

ASOCIAL

One whose delinquent acts have a cold, brutal and vicious quality for which the youth feel no remorse.

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.

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.

In general, the approaches in the study of crime are:

1. subjective approach,

2. objective approach and

3. The contemporary approach.
   
   

SUBJECTIVE APPROACHES

It deals mainly on the biological explanation of times, focused on the forms of abnormalities that exist the individual criminal before, during and after the comission of the crime

ANTHROPOLOGICAL APPROACH

the study on the physical characteristics of an individual offender with non-offenders in the attempt to discover differences covering criminal behavior (Hooton).

MEDICAL APPROACH

the application of medical examinations on the individual criminal explains the mental and physical condition of the individual prior and after the commission of the crime (Positivist).

BIOLOGICAL APPROACH

the evaluation of genetic influences to criminal behavior. It is noted that heredity is one force pushing the criminal to crime (Positivist).

PHYSIOLOGICAL APPROACH

the study on the nature of human being concerning his physical needs in order to satisfy his ants. It explains that the deprivation of the physical body on the basic needs is an important determiner of the commission if crime (Maslow).

PSYCHOLOGICAL APPROACH

it is concerned about the deprivation of the psychological needs of man which constitute the development of deviations of normal behavior resulting to unpleasant emotions (Freud, Maslow).

PSYCHIATRIC APPROACH

the explanation of crime through diagnosis of mental diseases as a cause of the criminal behavior (Positivist).

PSYCHOANALYTICAL APPROACH

the explanation of crimes based on the Freudian Theory which traces behavior as the deviation of the repression of the basic drives (Freud).

OBJECTIVE APPROACHES

deal on the study of groups, social processes and institutions as influences to behavior. They are primarily derived from social sciences

GEOGRAPHIC APPROACH

this approach considers topography, natural resources, geographical location, and climate lead an individual to commit crime (Quetelet).

ECOLOGICAL APPROACH

it is concerned with the biotic grouping of men resulting to migration, competition, social discrimination, division of labor and social conflict as factors of crime (Park).

ECONOMIC APPROACH

it deals with the explanation of crime concerning financial security of inadequacy and other necessities to support life as factors to criminality (Merton).

SOCIO - CULTURAL APPROACH

this focuses on institutions, economic, financial, education, political, and religious influences to crime (Cohen).

PREDISPOSING FACTORS

PRECIPITATING FACTORS

CAUSES OF BEHAVIORAL DISORDERS

PREDISPOSING FACTORS

Internal propensities which may not be considered as criminal unless the attempt was made.

PRECIPITATING FACTORS

Conditions and elements which provoke crimes such as personal problems, curiosity, ignorance, necessities, diseases, traumatic experiences and the like.

BIOSOCIAL OR TRAIT THEORIES

• These are based on the view that both thought and behavior have biological and social bases.

• Contemporary explanation of the biogenic approach.

• They have three sub theories: biochemical, neurological and genetics.

BIOCHEMICAL

- It views that crime and delinquency especially violence are the result of diet, vitamin intake, hormonal imbalance and other biological causes.

NEUROLOGICAL

• It explains that crime and delinquency occur because the individual suffers from brain impairment or abnormality in the structure of the brains.

• Learning disabilities such as attention deficit/hyperactive disorder and minimum brain dysfunction are related to antisocial behavior.

GENETIC

• It explains that delinquent traits and predisposition to criminality are inherited from parents.

• Criminality of parents can predict delinquency of children.

• It is supported by research on twin studies and adoption studies.

PSYCHOLOGICAL THEORIES

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

• contemporary explanation of the psychogenic approach

• has three sub-theories: psychodynamic, behavioral and cognitive

PSYCHODYNAMIC THEORY

• It is based on the psychoanalytic theory of Sigmund Freud.

• Delinquency is the result of the imbalance of the three components of personality: id, ego and superego

• Delinquency is the product of the abnormal personality structure formed in early life and which thereafter controls human behavior choices.

BEHAVIORAL THEORY

• It believes that individuals learn by observing how people react to their behavior

• Behavior is reinforced by some positive reaction and it is extinguished if punished.

• Misbehavior of children if left unchecked will persist until adolescence

COGNITIVE THEORY

- It views that delinquency is a result of the faulty perception and analysis of data of an individual.

SOCIOLOGICAL THEORIES

They view delinquency as a product of the different social factors and dynamics They have four groups of theories which in turn contain several sub-theories: social structure theories, social process theories, social reaction theories and social conflict theories.

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.

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 It 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.

• The basic and most important social unit to affect children.

NUCLEAR FAMILY

It consists of father, mother and children.

EXTENDED FAMILY

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

Conjugal Family

It consists of the Husband and Wife (Father and Mother)

BLENDED FAMILY

mixing of two families brought by divorce or remarriage.

Join Family

Married children within their spouses and children living in one residence. (horizontal structure);

Household

Several people may or may not be related to one another having the same residence and share responsibilities.

Truncated

The grandparent-grandchildren relationship. The grandparents substitute the authority of the parents or act as surrogate parents.

Stem

It is similar to the extended family. The only difference is that they do not share common residence. Their residence is located only in the same place. (It may consist of two kinds of family: family of orientation and family of procreation).

structural completeness

presence of both father and mother

economic security

capability to provide for the basic needs and wants

cultural conformity

typical family beliefs and practices

moral conformity

moral uprightness, Christian way of living

emotional adequacy

affection, support, love and care between faulty members

Religious Homogeneity

both parents profess the same religion

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 marriages (One Man with more than One Woman or One Woman with more than One Husband

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 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 become 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.

PARENTAL AUTHORITY (PATRIA POTESTAS)

It is the sum total of the rights of the parents over the person and property of their child. - The exercise of which has no distinction between a legitimate and an illegitimate child. - The father and the mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted children - In case of death of either parent, the surviving parent shall exercise sole parental authority. - In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary

UNFIT PARENT

A temporary or permanent termination of parental rights in the best interest of the child usually for reasons of abandonment, abuse, or neglect, but also including mental illness, addiction, or criminal record. Poverty alone and character flaws are prohibited by law from being indicate of "unfitness".

PARENTAL RESPONSIBILITY

It is the sum total of the duties and obligations of parents over their minor children

LIABILITIES OF PARENTS (TORTS)

Parents and guardians are responsible for the damage or injury caused by the child under their parental authority.

LEGAL CUSTODY

In case of separation of parents, no child under SEVEN (7) YEARS OF AGE shall be separated from his mother unless the court decides otherwise.

GUARDIANSHIP

- It is a trust relation of the most sacred character in which one person called a guardian acts for another called a ward who is regarded as incapable of managing his own affairs

SUBSTITUTE PARENTAL AUTHORITY

- In case of absence or death of both parents, substitute parental authority shall be given to the following, in order of priority:

• grandparents;

• ldest brother or sister at least 21 years of age; and

• relative who has actual custody of the child/guardian duly appointed by the court.

IN LOCO PARENTIS

Teachers, administrators, and babysitters who are viewed as having some temporary parental rights & obligations.

IN RE GAULT

(US) - 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 systems.

CONCEPTION.

The CIVIL PERSONALITY of the child shall commence from the MOMENT OF __________

CONCEPTION

It is the start of life. It is the union of the sperm cell and the egg cell. It is also called the process of fertilization

CIVIL PERSONALITY

It pertains to the identity and recognition of an individual as person having rights.

• It shall commence from the moment of conception and thus, all children shall have the right to be born and the right to live.

ILLEGITIMACY

Being born to unmarried parents. The law assumes legitimacy via a married mother's husband, whether or not this is the true father. Illegitimacy status limits inheritance rights.