Juvenile Delinquency Summary

Juvenile Delinquency and Juvenile Justice System Notes

Definitions

  • Juvenile: A person under 18, considered immature and incapable of fully understanding and taking responsibility for their actions.

  • Delinquency: Actions that deviate from societal norms or laws, often regarded as misbehavior among youth.

  • Juvenile Delinquency: Legal definition established in 1889 indicating childish misdemeanors distinct from adult crimes.

Classification of Juvenile Delinquents

  1. Children under 7

  2. Children aged 7-12: Presumed incapable of criminal intent (doli incapax).

  3. Youth aged 12-18: May face juvenile justice punishment based on discernment.

Crime vs. Delinquency

  • Crime: Committed by adults; subject to the criminal justice system.

  • Delinquency: Involves minors; processed through the juvenile justice system.

Reasons for Differential Treatment

  • Minimum Age of Criminal Responsibility: Legal age where a child is considered capable of committing a crime.

  • Doctrine of Doli Incapax: Children under 14 presume unable to form criminal intent.

Types of Delinquents

  • Social Delinquent: Aggressive towards authority.

  • Asocial Delinquent: Feels no remorse for actions.

  • Neurotic Delinquent: Internal conflicts cause misconduct.

  • Accidental Delinquent: Law-abiding typically but involved due to circumstances.

Factors Influencing Delinquency

  • Family: Experience immense influence; neglect or abuse can lead to delinquent behavior.

  • Peers: Peer pressure can motivate delinquent actions.

  • Environment: Socioeconomic conditions and media exposure can foster delinquency.

Theories of Delinquency

  1. Biogenic Approach: Focuses on physical defects.

  2. Psychogenic Approach: Centers on psychological issues.

  3. Sociogenic Approach: Attributes delinquency to social structure influences.

Juvenile Justice Models

  • Welfare Model: Emphasizes assistance and treatment instead of punishment.

  • Justice Model: Focuses on accountability and punishment proportional to the crime.

  • Restorative Justice Model: Aims to restore harm done to victims rather than just punish offenders.

  • Minimum Intervention Model: Advocates for limited processing of juvenile offenders to prevent stigmatization.

Child and Youth Welfare Code**

  • Established procedures for handling children in conflict with the law aiming for rehabilitation over punishment.

Prevention Approaches

  1. Corrective Prevention: Improving social conditions leading to crime.

  2. Punitive Prevention: Legal actions to deter crime.

  3. Mechanical Prevention: Focus on physical security measures.

  4. Environmental Prevention: Designing spaces to deter crime.

Key Legislation

  • Presidential Decree No. 603: Establishes child and youth welfare regulations.

  • Republic Act No. 9344 and 10630: Provides a comprehensive juvenile justice system and protections for minors in conflict with the law.

Parens Patriae Principle

  • Legal doctrine treating minors as victims needing care rather than criminals needing punishment.

Child Protection Regulation

  • Ensures the rights of children in conflict with the law are respected during legal proceedings, maintaining confidentiality and prioritizing their best interests.