Juvenile Prelim Note

CRIM 223: JUVENILE DELINQUENCY AND CRIME PREVENTION
Juvenile
 A person who has not reached adulthood or age of majority.

 Regarded as Immature
Delinquent person
 A person, of whatever age, whose attitude toward other individuals, toward the community,
toward lawful authority is such that it may lead him into breaking the law.
 One who repeatedly commits an act that is against the norms or more observed by the society.
Juvenile delinquency/juvenile offending
 Refers to an anti-social acts or behavior committed by minors which deviates from the normal
patterns of rules and regulations, custom and culture which society does not accept and which
therefore, justifies some kind of admonishment, punishment or corrective measures in the public
interest.
Legally, Juvenile Delinquency is defined as:
 Criminal law violations that would be considered crimes if committed by an adult;

 The committing of those things considered crimes by the country;
Stages of Delinquency
1. Emergence- between 8th and 12th year. (petty larceny)

2. Exploration- between ages 12 to 14. (shoplifting and vandalism)
3. Explosion- at age 13 (seriousness)
4. Conflagration- at around 15 (4 or more crimes are being added)
Classification of Delinquency
1. Unsocialized Aggression- rejected or abandoned
2. Socialized Delinquency- membership in fraternities or groups that advocate bad things.
3. Over- inhibited- group secretly trained to do illegal activities like marijuana cultivation.
Pathway to Delinquency
1. Authority-conflict Pathway- Begins at early age with stubborn behavior. This leads to defiance and
then to authority avoidance.
2. Covert pathway- Begins with minor, underhanded behavior that leads to property damage. This
behavior eventually escalates to most serious forms of criminality.
3. Overt pathway- Escalates to aggressive acts beginning with aggression and leading to physical fighting
and then to violence.
Types of Delinquent Youth

1. Socialized delinquents
- They became delinquents as a result of their social association with people from whom they
learned deviant values. They are more likely to become property violators than violent offenders.
2. Neurotic delinquents
- These youths become delinquents as a result of distortions in their personality and their ideas
and perception of the world around them. They may commit delinquent acts because of their
insecurities about their masculinity.
- For example, youths who become kleptomaniacs, shoplifters and pyromaniacs have neurotic
compulsions
3. Psychotic delinquents
- Unlike social offenders, they do not usually plan their crimes.
- Their distorted view of reality and their delusional thoughts may compel them to commit weird
acts that violate the law.
- Likely to commit senseless and most heinous acts of violence including murder.
4. Sociopathic delinquents
- Characterized by egocentric personality.
- They have limited or no compassion for others.
- Because of this character defect, they can easily victimize others with little or no anxiety or guilt.
- Violent gangsters are sociopathic.
The History of Childhood and Delinquency
 Children as “Non-Human”
Infanticide- legitimate, deformed, poor, later born and girls.
Abandonment- often left on the streets, on door stops and in orphanages;
Swaddling- involved depriving the child of use of limbs by wrapping them in endless bandage,
child could be left unattended.
 Children as “Miniature Adults”
Adult punishment for misdeeds- punishments for children were severe, even the death penalty
for minor offenses.
Slavery and apprenticeship- children were commonly sold into slavery, prostitution and
apprenticeship, sometimes as security on debts, or as political hostages.
Morality, sex and prostitution- children were exposed to adult sexuality from an early age, and
even used prostitutes.
The Invention of the Delinquency

1. Roman law and canon law
- Approximately 2000 years ago, they made distinction between juveniles and adults based on
the notion “age of responsibility.”
2. Ancient Jewish law/ the Talmud (body of Jewish civil and religious laws)
- Specified condition under which immaturity was to be considered in imposing punishment.
- No corporal punishment prior to puberty, which was considered to be the age of 12 for
females and 13 for males.
- No capital punishment was to be imposed on those offenders under 20 years old.
- Children under 17 years old were typically exempt from the death penalty.
3. Codification of Roman Law
- 5th century B.C. this law resulted in the “Twelve tables”
- -children were criminally responsible for violation of law and were to be dealt with by the same
criminal justice system as adults.
- Punishments were less severe for young people than for adults.
- Theft of crops by night was a capital offense for adults, but offenders under the age of puberty
were to be flogged.
- Originally, only those children who are incapable of speech were spared under Roman law but
immunity was afforded to all children under the age of 7.
- Children came to be classified as “infans” or “proximus infantae”
- In roman history,”infantia” meant the inability to speak, but in 5 th century A.D. this age was fixed
at 7 years and under that age were exempt from criminal liability.
- Legal age for boys was 14 and 12 for girls; youth above this age were held criminally liable.
4. Anglo Saxon common law (law based on custom or usage)
- influenced by Roman and Canon law
- Emerged in England during the 11th and 12th centuries
Distinction between adult and juvenile:
 Children under 7 were automatically presumed innocent because of their age.
 Children over 14 were automatically judged as adult
 Children between 7 and 14 were presumed innocent because of their age, but could be found
guilty under certain circumstances.
Creation of the Institution

- Several institutions for juveniles were established between 1824 and 1828
- These institutions were oriented toward education, and treatment rather than punishment
- Two types of juvenile institutions: house of refuge, which house the juvenile offender and
orphan asylums which housed abandoned and orphaned children. Its purpose is to separate
them from hardened adult criminals.
Creation of juvenile court

- Parens patriae (responsibility of the courts and the state to act on behalf of the child and
provide care and protection equivalent to that of a parent) became broadened and the state
became increasingly involved in determining the fitness of families.
- First separate juvenile court was established in Chicago in 1899.
19th century ages

- 1818, New York committee on pauperism gave the term Juvenile delinquency” its first public
recognition by referring it as the major cause of pauperism.
- Albert Cohen was the first man who attempted to find out the process of beginning of the
delinquent subculture.
- The period 1899 to 1967 was considered the era of socialized juvenile justice.
Theories of delinquency
1. Demonological theory
- developed during middle ages. It was based on primitive animism. This theory promoted that
persons should not be held responsible for their actions when they do evil things because their body
is possessed by evil spirits.
2. Classical theory
- postulated by Cesare Beccaria and Jeremy Bentham.
- Consistent with the Utilitarian view
- People have free will to choose
- Hedonism is a doctrine that pleasure is the highest good in life and that moral duty is fulfilled
through the pursuit of pleasure.
Classicists have 4 good reasons why delinquent persons and offenders should be punished:
a. General deterrence- punishment of delinquents and criminal offenders will strike fear in the
hearts of the other people, thus making them less likely to commit acts of delinquency or
crimes.
b. Specific deterrence- punishment will strike fear in the hearts of wrongdoers, thus making them
less likely to offend others again.
c. c. Incapacitation- simplest form of jurisdiction; offenders should be locked up in jail since while
they are imprisoned in an institution; they cannot commit offenses against other people or
outside world.
d. d. Retribution- criminal offenders should be punished because they deserve it; a punishment is
morally right and just in light of the harm and damage caused by the offense.
3. Positive or Italian theory

- Cesare Lombroso, Enrico Ferri, Raffaele Garofalo.
 Determinism- every act has a cause that is waiting to be discovered in the natural world.
 Can be identified through scientific method.
 Once discovered, the offender could be treated/ rehabilitated.
Behaviors Of Juvenile Delinquency
1. Anti- social behavior- disrespect or disobedience to authority.

2. Lying- dishonest
3. Stealing
a. undisciplined desire for possession
- lack of proper clothing and other school requirements
4. Truancy- cutting classes
a. unattractive school life
b. fear of punishment
c. Proximity to place of vices
5. Vagrancy- wandering away from home
a. disagreeable home conditions
6. Emotional disorders
a. jealousy reactions
b. temper tantrums
c. fear reactions

Juvenile Prelim Note

Uploaded by

Copyright:

Available Formats

Juvenile Prelim Note

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Juvenile Prelim Note

Uploaded by

Copyright:

Available Formats

What are some theories of juvenile delinquency?

What are some behaviors associated with juvenile delinquency?

CRIM 223: JUVENILE DELINQUENCY AND CRIME PREVENTION

 A person who has not reached adulthood or age of majority.

Juvenile delinquency/juvenile offending

Legally, Juvenile Delinquency is defined as:

 Criminal law violations that would be considered crimes if committed by an adult;

1. Emergence- between 8th and 12th year. (petty larceny)

Types of Delinquent Youth

The Invention of the Delinquency

Creation of the Institution

Creation of juvenile court

19th century ages

3. Positive or Italian theory

Behaviors Of Juvenile Delinquency

1. Anti- social behavior- disrespect or disobedience to authority.

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.