In-Depth Notes on Juvenile Law and Justice

What is Juvenile Delinquency?

  • Definition: Anti-social acts or behaviors committed by minors contrary to societal norms.

    • Involves misdemeanors but can also include offenses and felonies.

    • Under RA 9344, juvenile delinquents are referred to as Child-in-Conflict with the Law.

  • Important Note: Using the terms "juvenile delinquent" or similar terms is considered labeling or shaming, which is punishable under this law.

Crime vs. Delinquency

  • Crime: An act committed by an adult; treated under the criminal justice system.

  • Delinquency: Acts committed by minors; processed under the juvenile justice system.

    • Differences:

    • Crime breaks criminal code; delinquency breaks cultural norms.

    • Adults are subjected to criminal law; minors are subjected to juvenile law.

History of Juvenile Delinquency

  1. Code of Hammurabi (2270 B.C.):

    • Oldest known code regulating behavior; established “Lex Talionis” (Eye for an Eye).

    • Laws included severe penalties for disobedience by children.

  2. Roman Law:

    • Established distinctions based on Age of Responsibility.

  3. Ancient Jewish Law (Talmud):

    • No corporal punishment before puberty; capital punishment prohibited for offenders under 20.

  4. Codification of Roman Law (5th Century B.C.):

    • Introduced Twelve Tables defining criminal responsibility of children.

  5. Anglo-Saxon Common Law:

    • Children under age 7 presumed incapable of forming criminal intent.

  6. Child-Saving Movement (Mid 19th Century):

    • Emphasized rehabilitation of children instead of punishment. Introduced the Parens Patriae doctrine: viewing minors as victims of circumstances rather than criminals.

  7. Poor Law Act of 1601:

    • Provided involuntary separation of children from impoverished parents.

  8. Philippine Settings:

    • Revised Penal Code: No account of a juvenile's circumstances; stigma of criminality.

    • PD 603: Introduced Youthful Offender provisions.

    • RA 9344: Children 15 and under are exempt from criminal liability; over 15 and below 18 are treated as Child-in-Conflict with Law.

Personalities and Dates

  • Pope Clement XI: Established the first institution for juvenile offenders in 1704, focusing on reform.

  • Robert Young (1788): Opened the first separate institution for youthful offenders in England.

  • In re: Winship: Established proof beyond a reasonable doubt for juvenile proceedings.

  • Breed v. Jones: Recognized double jeopardy for juveniles.

  • Kent v. United States: Set procedural requirements for waivers to criminal court.

House of Corrections for Juvenile Delinquents

  • Bridewells: First houses for correction in England, holding both children and adults.

  • House of Refuge (1825): Provided housing for juvenile delinquents in New York, which later became reform schools focusing on education and labor skills.

Types of Delinquent Youth

  1. Social: Aggressive and resents authority.

  2. Neurotic: Internalizes conflict; emotional issues affect behavior.

  3. Asocial: Cold and vicious; lacks humor.

  4. Accidental: Law-abiding but involved in delinquent acts by chance.

Stages of Delinquency

  1. Emergence: Petty larceny (ages 8-12).

  2. Exploration: Shoplifting and vandalism (ages 12-14).

  3. Explosion: Increase in variety/seriousness of crimes (age 13+).

  4. Conflagration: Addition of various crime types (age 15+).

  5. Outburst: Transition to more sophisticated/violent crime in adulthood.

Causes of Behavioral Disorders

  1. Predisposing Factors: Inherited tendencies that could lead to delinquency if circumstances arise.

  2. Precipitating Factors: Immediate events provoking delinquent behavior (personal problems, curiosity, etc.).

Factors Affecting Juvenile Delinquency

  • Individual Risk Factors: Intelligence, impulsiveness, aggression, etc.

  • Family: Influences like parental neglect, broken homes, and criminal siblings.

  • Environment: Peer associations, exposure to violence, and criminal culture.

  • School: Educational investments and socialization.

Theories of Delinquency

  1. Social Disorganization Theory: Community instability correlates with delinquency.

  2. Anomie Theory (Durkheim): Breakdown of social norms leads to deviance.

  3. Strain Theory (Merton): Pressure from socio-economic conditions results in delinquency.

  4. Differential Association Theory (Sutherland): Criminal behavior is learned through social interactions.

  5. Labeling Theory: Social reactions influence behavior, leading to self-fulfilling prophecies in delinquency.