JUVENILE DELINQUENCY AND CRIME PREVENTION

INTRODUCTION
Juvenile delinquency is an anti-social behavior or act which differs from the
normal model of set of laws and parameters, culture, custom which society in broad-
spectrum does not conform. Juvenile delinquency generally refers to youth behavior
which is against norm and regulations of society, which if left unchecked would rise
to criminality

The prevention of juvenile delinquency is an essential part of crime

prevention in society. The saying on ounce of prevention is better than a pound of
cure would clearly manifest the importance of misbehavior deterrence among our
youth.

By engaging in lawful, socially useful activities and adopting a humanistic

orientation towards society outlook on life, young person can develop non-
criminogenic attitudes. The successful prevention of juvenile delinquency requires
efforts on the part of the entire society to ensure the harmonious development of
adolescents, with respect for the promotion of their personality from early
childhood.

Young person’s should have an active role and partnership within society and
should not be considered as mere objects of control and socialization. Furthermore,
the well-being of young person’s from their early childhood should be the focus of
any preventive program.

CHAPTER 1
Basic Concepts and Definitions

A. JUVENILE

A JUVENILE is a person who has not reached adulthood or the age of

majority (usually 18). From this point, it can be assumed that the term covers a
child, an adolescent, a minor, a youth, or a youngster below 18 years old.

Juveniles are generally regarded as immature or ones who mental and

emotional faculties are not fully develop, thus making them incapable of taking
full responsibility of their actions. Because of their age standing, they are held to
Criminology - 4 Page 1
 JUVENILE DELINQUENCY AND CRIME PREVENTION

a standard are required to attend school between the ages of 6 and 18; they are
expected to obey their parents, they are forbidden to purchase alcohol or
cigarettes or drive motor vehicles; they may not marry without parental
permission; they cannot enter into business or financial contracts; and they are
not permitted to vote, enter the military, or run away from home. Some
jurisdictions place other restrictions on juveniles, such as curfew, or laws against
“incorrigible” or “immoral” behavior. On the contrary, adults have the rights to
vote, to marry, to hold government office, and to enter into contracts.

In the legal terms, a juvenile is a person subject to juvenile court

proceeding because a statutorily defined event or condition caused by or
affecting that person was alleged to have occurred while his or her age was
below the statutorily specified age limit or original description of a juvenile
court.

B. THE DELINQUENT PERSON

From the viewpoint of a social worker, a DELINQUENT is a person, of

whatever age, whose attitude towards other individuals, towards the community,
towards lawful authority is such that it may lead him into breaking the law.

A delinquent person is also defined as one who repeatedly commits an act

that is against the norms or mores observed by the society. When a person
habitually commits an act which is not in accordance to the rule or policies of the
organization or community where he belongs he is considered delinquent.

Juvenile delinquents may be grouped in three ways:

1. Children aging below 7 years old;

2. Children aging from 7 to 12 years old – juveniles who have doll
incapax (not capable of having criminal intent)
3. Youths aging above 12 but below 18 years old.

C. JUVENILE DELINQUENCY

JUVENILE DELINQUENCY means different things to different individuals

and groups. Commonly, the term is used to describe a large number of

Criminology - 4 Page 2
 JUVENILE DELINQUENCY AND CRIME PREVENTION

disapproved behaviors of children and youth. In another way, anything the youth
does that others do not approve or like can be called juvenile delinquency. An
example in case could be that of a child who refuses to do household chores, or
fights with siblings, goes with bad friends, talks back or answer back, or listens to
the wrong music. Parents, siblings, or relatives may call such behaviors
delinquent even though no law was violated.

Juvenile delinquency also refers to an anti-social act or behavior of minors

which deviates from the normal pattern 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;
 An act committed by a minor that violates the penal code of the
government with authority over the place in which the act occurred;
 The committing of those things considered crimes by the country;
 Any act, behavior or conduct which might be brought to court and
judged whether such is a violation of a law;

Juvenile delinquency can cover anything from small crime – a student who
cuts school repeatedly is delinquent – to very serious crimes like felony theft and
murder. However, delinquency is distinct from crime in the sense that the
former maybe in the form of violation of a law, ordinance, or rule but it is
punishable only by a small fine or a short-term imprisonment or both.

The study of juvenile delinquency examines why juveniles break the laws; the
participation of the family as a cause to the problem; the neighborhood; the school,
media, peers or barkada; and other sociological factors that contribute to the
growing problem of youth delinquency.

Numerous definitions have been formulated to give meaning to the term

"juvenile delinquency". Some of these are the following:

Juvenile delinquency is the participation in illegal behavior by a minor who falls

under a statutory age limit (Siegel1, welsh and Senna, 2007);
Criminology - 4 Page 3
 JUVENILE DELINQUENCY AND CRIME PREVENTION

Juvenile de1inquency is defined as acts Committed by a juvenile that, if

committed by an adult, would be a criminal act (Del Carmen and Trulson, 2006);

Although there are many definitions of the term, these definitions have the
following common components: the person involved is a juvenile or minor, there is
an act committed or behavior demonstrated, and such act or behavior is against the
law or rules of behavior of society.

Therefore, juvenile delinquency may be simply defined as any act in violation of a

law or any form of behavior that does not conform to the standard of acceptable
behavior in society committed by a minor.

These acts or behavior also take the form of status offenses. A status offense is an
act or behavior that is considered by wrong or improper when it is committed by a
child or minor. The term status here refers to the condition of the person as being a
minor or a child. Status offenses are not necessarily illegal acts because not all status
offenses violate any written law. However, these acts and behavior do not conform
to the standard of acceptable behavior for children, and therefore, they must be
controlled and corrected. Examples of status offenses are running away from home,
cutting classes in school, drinking alcohol, smoking cigarettes, swearing or using bad
language, showing disrespect to elders and truancy. Truancy is defined as having
unexcused absence from school for a period exceeding twenty (20) days.

D. JUVENILE CRIME

In its simplest definition, “crime” is any specific act prohibited by law for
which society has provided a formally sanctioned punishment. This can also
include the failure of a person to perform an act specifically required by law.

Legally speaking, a crime is an illegal act committed by a person with a

criminal intent. Before the establishment of juvenile courts, children under the
age of seven were never held responsible for criminal acts. The law considered
them incapable of forming the necessary criminal intent. Children between the
ages of 7 and 14 were generally thought to be incapable of committing a criminal
act, but this belief could be disproved by showing that the youth knew the act
was a crime or would cause harm to another and committed it anyway. Children
Criminology - 4 Page 4
 JUVENILE DELINQUENCY AND CRIME PREVENTION

over the age of 14 could be charged with a crime and handled in the same
manner as an adult.

JUVENILE CRIME, in law, denotes various offenses committed by children

or youths under the age of 18. Such acts are sometimes referred to as juvenile
delinquency. Children’s offenses typically include delinquent acts, which would
be considered crimes if committed by adults, and status offenses, which are less
serious misbehavior such as truancy and parental disobedience. Both are within
the jurisdiction of the juvenile court; more serious offenses committed by minors
may be tried in criminal court and be subject to prison sentences.

Unlawful acts committed by juveniles can be divided into five major

categories:
1. Unlawful acts against person
2. Unlawful acts against property
3. Drug and alcohol offenses
4. Offenses against the public order
5. Status offenses

The first four categories are comparable in definition to crimes committed

by adults. STATUS OFFENSE, on the other hand, are acts that only juveniles can
commit and that can be adjudicated only by a juvenile court. Typical status
offenses range from misbehavior/misdemeanor, such as violations of curfew,
underage drinking, running away from home, and truancy, to offenses that are
interpreted very subjectively, such as unruliness and ungovernability (beyond
the control of parents and guardians).

Categories of status offense

1. School truancy – a pattern or repeated or habitual unauthorized absences

from school by any juvenile subject to compulsory education laws.
2. Repeated disregarding or misuses of lawful parental authority- repeated
disobedient behavior on the part of the juvenile or a pattern of repeated
unreasonable demands on the part of the parents create situation of family
conflict clearly evidencing needs of services.
3. Repeating running away from home- running away is juvenile unauthorized
absences from home.

Criminology - 4 Page 5
 JUVENILE DELINQUENCY AND CRIME PREVENTION

4. Repeated use of intoxicating beverages- repeated possession and or

consumption of intoxicating beverages by a juvenile.
Delinquent acts committed by a juvenile younger than 9 years of age.

E. JUVENILE JUSTICE SYSTEM AND ADULT JUSTICE SYSTEM

Like adults, juveniles can be charged with violations of the criminal law,
but because of their special status, an alternative system has evolved for dealing
with juvenile law breakers.

The juvenile justice system has evolved over the years based on the
premise that juveniles are different from adults and juveniles who commit
criminal acts generally should be treated from adults. Separate courts, detention
facilities, rules, procedures, and laws were created for juveniles with the intent to
protect their welfare and rehabilitate them, while protecting public safety. The
special status of children requires that they be protected and corrected, not
necessarily punished.

Perhaps the major difference between the adult and juvenile justice
systems involves the purpose and nature of the sanctions imposed. There are
five competing philosophies that guide sentencing in adult courts – retribution,
vengeance, incapacitation, deterrence, and rehabilitation. By contrast, actions
taken in juvenile courts are, at least in theory, deemed to be “in the best interest
of the child.” The juvenile justice system, then, is based on the notion that every
child is treatable, and that judicial intervention will result in positive behavioral
change. One would thus, assume that juvenile court sanctions are based on a
rehabilitation model and do not include any other sentencing objectives.

Beyond the philosophical orientation stemming from the special status of

children, there are differences between adult and juvenile justice systems. For
adults to fall within the jurisdiction of the criminal courts, they must be charged
with some violation of the criminal law. A young person, however, can come to
the attention of the juvenile courts in a variety of ways. First, the juvenile may
indeed be found to have violated the criminal law. Second, he or she can be
charged with having committed a status offense – an act declared by statute to be
a crime because it violates the behavior standards expected of children. Because
of their status, only juveniles can be charged with the offenses of running away,
Criminology - 4 Page 6
 JUVENILE DELINQUENCY AND CRIME PREVENTION

truancy, or being incorrigible. Third, a child may fall within the jurisdiction of the
court because of the behavior of an adult. That is, should a juvenile be the victim
of abuse, neglect or abandonment by a parent or guardian, the courts may
intervene.

Juvenile delinquency is an act or behavior:

Society has a set of written and unwritten rules on what actions are
permissible and not permissible. The written rules are what we call laws. They
tell us what actions should be avoided and they command what actions should be
done. Failure to obey the laws has a corresponding punishment, which
discourages people from violating it. Laws are created by authorities to regulate
our actions s that harmony and order is maintained in our society at all times.
The unwritten rules, sometimes referred to as social norms, are those rules
that are not written down on paper but are being obeyed because of our
traditions, customs, culture and beliefs. Although they are not laws, people are
still expected to obey them because these have been generally regarded as
acceptable and also serve the purpose of maintaining harmony and order. Failure
to obey these rules destroys such order and the offender must be punished one
way or another.
Therefore, a child or minor who violated either the written rule or
unwritten rule has committed an act of juvenile delinquency.

THE PARENS PATRIAE PHILOSOPHY

Literally, the term parens patriae' is Latin for Parent of the country. It
refers to the role of the state as Sovereign and guardian of persons under legal
disability (Black's Law Dictionary). It also refers to the traditional role of the
state as a sovereign and guardian of person under legal disability, such as
juveniles or the insane. It is a principle that the state must care for those who
cannot take care of themselves, such a minor who lack proper care and custody
from their parents (Dannug and Campanilla 2004). proper care and such as.
Furthermore, according to this legal philosophy, the government is the
guardian of everyone who has a disability, especially children, and has a legal
duty to act in their best interests until the age of majority (Siegel and Senna,
2007).
Criminology - 4 Page 7
 JUVENILE DELINQUENCY AND CRIME PREVENTION

This means that the state has an inherent duty to defend and care for its
poor, vulnerable and disabled members, most particularly children. This also
explains the power of the state to take abused children from their abusive
families and prosecute abusive parents. Abandoned and neglected children are
also placed under the care of government agencies and are put up for adoption
when permissible by law. These functions of the state are exercised through the
Department of Social welfare and Development, or DSWD, among others.

THE NEED TO CONTROL JUVENILE DELINQUENCY

"Today's delinquents are tomorrow's criminals. "

This saying obviously warns us of the danger of delinquency if it is not

controlled or addressed timely. Studies reported that children who have shown
signs of aggressive behaviors and have committed different forms of delinquency
are at great risk of becoming serious law violators in the future. If their
undesirable behaviors and actions are not corrected, these behaviors might
persist until well into their adulthood.
Juvenile delinquency prevention refers to the efforts aimed at preventing
children or minors from committing delinquent acts, anti-social behavior and,
involved in illegal and criminal activities at a young age. It refers to intervening in
young people's lives prior to their engaging in delinquency acts (Siegel and
Senna, 2007).
However, history has proven that the prevention of delinquency is not an
easy task. It is a fact that juvenile delinquency is a problem that has existed and
has continued to exist despite all efforts made by the government of the different
countries across globe. Even the riches countries with sufficient government
funds to use for the implementation of their programs and policies could not
eliminate it.
The prevention of delinquency is not just the duty of the government. More
importantly, it is the parents who have the greatest responsibility of ensuring
that their children are brought up to be productive, God -fearing and law-abiding
citizens. The other social institutions that play important roles are the school as
the second home of the child, the neighborhood including the neighbors,
barangay officials as the representatives of the government, the church and its
religious influence, and the media, including the internet. The DSWD, the
Philippine National Police and other concerned government agencies and bodies,
among others also have specific roles to play in achieving this end.
Consequently, the failure of these social institutions to perform their
important tasks of developing and molding our children has very serious
Criminology - 4 Page 8
 JUVENILE DELINQUENCY AND CRIME PREVENTION

implications. And because this is what really happens sometimes, then the
institutions that are expected to help prevent delinquency are actually the same
institutions that contribute to the problem.
Obviously, the roots of juvenile delinquency are complex, the causes are
varied and the contributory factors are numerous. And the key to finding the
solution to the problem on delinquency could be in understanding these roots,
causes and contributory factors, no matter how complex, varied and numerous
they may be.

Juvenile – A person who is not yet fully developed, not yet an adult; have
characteristics of a youth or child immature.

Youth- the condition or quality of being youth; an early period of development or

existence the time of life between childhood and maturity.

Delinquency- any act; course or conduct, or situation which might be brought before
the court and adjudicated whether in fact it comes to be treated there or by some
other resources or indeed remains untreated.

Juvenile Delinquency- it is used to described a large number of disapproved

behavior of children and youths.

- An act committed by minor that violates the penal code of the government
with authority over the area in which the act occurred.
Youthful Offender- it refers to the youth who is found guilty by the court for the
commission of an offense after a 9th but before 18th birthday.

Neglect- disregarding the physical, emotional and moral needs of children and
adolescents.

Parental Authority- it includes the rearing and caring of children for civic
consciousness and efficiency and the development of their moral, mental and
physical character and well-being.

Criminology - 4 Page 9
 JUVENILE DELINQUENCY AND CRIME PREVENTION

ACTIVITY 1

ESSAY
Explain and Elaborate the given question below.

1. In your own words, Discuss the concept of Parens Patriae. (10 points.)
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________

2. Discuss the functions of the DSWD in relation to addressing problems on

Juvenile Delinquency. (10 Points)

__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
_________________________________________________________________________________________.

Criminology - 4 Page 10
 JUVENILE DELINQUENCY AND CRIME PREVENTION

Draw or post a picture with a complete family or if you want your family picture.
Explain what is the rule of the family in the community and how it can influence a
child having a complete family. (20 pts)

Criminology - 4 Page 11
 JUVENILE DELINQUENCY AND CRIME PREVENTION

REFLECTIVE ANALYSIS
Direction: Write your own reflection about the topic in 100 words.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
_________________________________________________________________________________________.

Criminology - 4 Page 12