CRIMINOLOGY 5

JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

JUVENILE

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

JUVENILE

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

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.

CHILD

Refers to a person below eighteen (18) 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 becausre 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 not 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.

CHILD IN CONFLICT WITH THE LAW (CICL) (RA 9344)

This refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

STATUS OFFENSE

Certain acts or omissions which may not be punishable society 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 distrubances 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.

RIYADH GUIDELINES

The guidelines for the Prevention of Juveline 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.

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 and may be satisfied in socially acceptable ways.

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.

EGALITARIAL

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

NUCELAR FAMILY

Consists of father, mother and children.

EXTENDED FAMILY

Consists of father, mother, children, grand-parents, uncles and aunts, cousins, nephews and nieces, and in-laws.

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 high 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, mental illness, drug and acohol 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. 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 absenteesim from school; being out of school without permission for 20 days or more.

DROPPING OUT

Leaving the school befeore 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 rreduced 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.

GENDERED SOCIALIZATION

Refers to the process by which individuals learn the behavior, attitudes, and expectations assocaited with their gender.

BOREDOM

What is the loosening control that makes a delinquent act?

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

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

POSTING

A system of positions, facial expressions & body language used by gang members to convey a message.

REPRESENTING

Tossing or flashing gang signs in the presence of rivals, often escalating into a verbal or physical confrontation.

TURF

A territory/location where a gang operates.

DELINQUENT PEERS

When the juveniles associate with peers who engage in delinquent activities, they are more likely to adopt similar behaviors.

PEER PRESSURE

What is the most predictor of juvenile delinquency?

PARENTAL AUTHORITY (PATRIA POTESTAS)

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.

PARENTAL AUTHORITY (PATRIA POTESTAS)

The father and the mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted children.

PARENTAL RESPONSIBILITY

The sum total of the duties and obligations of parents over their minor children.

LIABILITIES OF PARENTS

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.

GRANDPARENTS; OLDEST BROTHER OR SISTER AT LEAST 21 YEARS OF AGE; RELATIVE WHO HAS ACTUAL CUSTODY OF THE CHILD/GUARDIAN DULY APPOINTED BY THE COURT

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

ART. 217., E.O No. 209

In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes, orphanages and siminlar institutions duly accredited by the proper governmen agency.

Art. 218, E.O No. 209

The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.

ART. 218, E.O No. 209

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.

ART. 219, E.O No. 209

Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. Tha parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

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 (FATHER OF THE COUNTRY)

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

PARENS PATRIAE (FATHER OF THE COUNTRY)

Assumption by the State of the role of guardian over children whose parents are deemed incapable or unworthy. The authority of the state to act on behalf of the children.

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.

GUARDIANT 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 that Constitution requires a separate juvenile justice system with certain standard procedures and protections, but still now as many as in adult system.

LEGITIMATE

Born inside the marriage.

ILLEGITIMATE

Born outside the marriage.

LEGITIMATED

Illegitimate child rise to the status of a legitimate child by subsequent marriage of his parents.

ADOPTED

A person who is raised to the status of legitimacy through adoption (juridical act).

RIGHT TO SUFFRAGE

Which of the following is NOT a right of child?

DEPENDENT

Without a parent, guardian or custodian, or whose parents, guardian or other custodian for good cause desire to be relieved of his care and custody and is dependent upon the public for support.

ABANDOND

One who had no proper parental care or guardianship or whose parents or guardians have deserted him for a period of at least six (6) consecutive months. (PD 603 - Child and Youth Welfare Code) - OLD

ABANDOND

A child who has no proper parental care or guardianship, or whose parents have deserted him or her for a period of at least three (3) continuous months. (RA 9523 - Child Adoption Law) - NEW

NEGLECTED

One whose basic needs have been deliberately unattended or inadequately attented within 3 continuous months.

NEGLECTED

A child is unattended when left by himself without provision for his needs and without proper supervision.

PHYSICAL NEGLECT

Malnourishment, untidy and damaged clothing, no shelter.

EMOTIONAL NEGLECT

Maltreated, raped, seduced, abused, exploited, made to work under conditions not conducive to good health or placed in moral and physical danger.

MENTALLY-RETARDED

Socially incompetent, socially inadequate, occupationally incompetent and unable to manage their own affairs. Mentally deficient as a result of constitutional origin through heredity or disease.

PHYSICALLY-HANDICAPPED

Crippled, deaf-mute, blind and other conditions which restrict their means of action or communication with others.

EMOTIONALLY-DISTURBED

Those who, although not afflicted with insanity or mental defect, are unable to maintain normal social relations with others and the community in general due to emotional problems or complexes; may be caused by traumatic experiences.

MENTALLY-ILL

Those with any behavioral disorder, whether functional or organic, which is of such a degree of severity as to require professional help or hospitalization.

DISABLED

Includes mentally-retarded, physically-handicapped, emotionally-disturbed and mentally-ill children.

RA 11642

Domestic Administrative Adoption and Alternative Child Care Act.

ADOPTER

The person adopting or petitioning for the adoption of a child.

ADOPTEE

The child or person being petitioned for adoption.

ADOPTION

An act by which relations of peternity and filiations are recognized as legally existing between persons not so related by nature. The taking into one’s family of the child of another, as son or daughter and heir, and conferring on it a title to the rights and privileges of such.

FOUNDLING

Refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown.

SURROGATE PARENT

A parent who provided an egg, spern, uterus with an intent of giving the child up for adoption to specific parties.

CHILD LEGALLY AVAILABLE FOR ADOPTION

Refers to child in whose favor a certification was issued by the NACC (National Authority for Child Care) that he or she is legally available for adoption after the fact of abandonment or neglect has been proven through tha submission of pertinent documents, or one who was voluntarily committed by his or her parents for legal guardian.

VOLUNTARILY-COMMITTED CHILD

One whose parents or legal guardian knowingly and willingly relinquished parental authority to the NACC, the DSWD or any duly accredited child-placement or child caring agency or institution.

CHILD-PLACING AGENCY OR INSTITUTION

Refers to a private non-profit institution or government agency duly accredited by the DSWD that receives and processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster care or adtoption.

SUPERVISED TRIAL CUSTODY

A period of time within which a social worker oversees the adjustment and emotional readiness of both adopter and adoptee in stabilizing their filial relationship. The period is at least six (6) months.

RESCISSION OF ADOPTION

Be rescinded only upon the petition of the adoptee with the NACC, or with the assistance of the SWDO if the adoptee is a minor, or if the adoptee is eighteen (18) years of age or over but who is incapacitated or by his or her guardian.

RA 8043

INTER-COUNTRY ADOPTION ACT OF 1995

INTER-COUNTRY ADOPTION

The socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken and the decree of adoption is issued outside the Philippines.

PHILIPPINE REGIONAL TRIAL COURT OR INTER-COUNTRY ADOPTION BOARD

Where to file application for Inter-Country Adtoption?

DETENTION HOME

A twenty-four hour child-caring institution providing short term resident care for youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

SHELTER-CARE INSTITUTION

One that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as materiall witnesses.