JUVENILE DELINQUENCY : JUVENILE DELINQUENCY Presented by:
JOEMAR REYES PACLAUNA
Registered Criminologist AREAS OF INTEREST: : AREAS OF INTEREST: Juvenile Delinquency:
c. Law THE JUVENILE DELINQUENCY : THE JUVENILE DELINQUENCY What is Juvenile Delinquency?
This is the lawbreaking by non-adult persons. It includes such crimes found in the penal code of the land, as well as some offenses not in the list of the law such as truancy, or sexual acts, that are illegal only when committed by juveniles. Slide 4: This definition varies from the interpretation of the laws enacted by legislative and interpreted by judiciary, but generally the term commonly refers to someone under eighteen years of age who committed crimes.
Illegal acts committed by juvenile delinquent are considered CRIME if committed by an adult. An act committed by minor that violates the penal code of the government with authority over the area in which the act occurred is juvenile delinquency. : An act committed by minor that violates the penal code of the government with authority over the area in which the act occurred is juvenile delinquency. FOLLOWING ARE THE VARIOUS DEFINITIONS OF JUVENILE DELINQUENCY: : FOLLOWING ARE THE VARIOUS DEFINITIONS OF JUVENILE DELINQUENCY: A VIOLATIONS OF LAW AND ORDINANCES
A VIOLATIONS OF JUVENILE COURT ORDER
AN ASSOCIATION WITH CRIMINAL OR IMMORAL PERSONS
ENGAGING IN ANY CALLING, OCCUPATION, OR EXHIBITION PUNISHABLE BY THE LAW. EXAMPLE OF JUVENILE DELINQUENCY : EXAMPLE OF JUVENILE DELINQUENCY Slide 8: 5. FREQUENT IN ANY TAVERNS OR USES ALCOHOL
6. WANDERING IN THE STREETS ESPECIALLY AT NIGHT TIME
7. GROWS UP IN IDLENESS OR IN CRIMES
8. ENTERING OR VISITING HOUSE OF ILL REFUTE
9. HABITUALLY TRUANTS
10. DISOBEDIENT OR REFUSES TO OBEY REASONABLE AND PROPER ORDERS OF PARENTS, GUARDIANS AND CUSTODIANS
11. ENGAGES IN INCORRIGIBILITY OR UNGOVERNABILITY
12. ABSENTING ONESELF FROM HOME WITHOUT PERMISSION
13. PERSISTS IN VIOLATING RULES AND REGULATIONS OF THE SCHOOL Slide 9: 14. ENDANGERS WELFARE, MORALS AND/OR HEALTH OF SELF OR OTHERS
15. USES VIE, OBSCENE OR VULGAR LANGUAGES IN THE HOUSE AND IN THE PUBLIC PLACES
16. SMOKE CIGARETTES
17. ENGAGING IN DISSOLUTES OR IMMORAL LIFE OR CONDUCT
18. WANDERING ELSEWHERE AND EVERYWHERE
19. JUMPS IN A TRAIN, TRUCKS AND TRAILER WITHOUT PERMISSION
20. LOITERING AND SLEEPING IN THE SIDEWALKS AND ALLEYS
21. BEGGING AND RECEIVING ALMS IN THE STREET CATEGORIES OF JUVENILE DELINQUENTS : CATEGORIES OF JUVENILE DELINQUENTS 1. Environmental Delinquents:
These delinquents are considered occasional law breakers. Delinquents under this category are considered new in their activity that had just tasted the pleasure fruit of being delinquent. This delinquent can be easily led and corrected. 2. Emotionally Maladjusted Delinquents : 2. Emotionally Maladjusted Delinquents These delinquents are chronic lawbreakers who violate the laws, a habit which this type cannot be avoided or escaped. They are regarded also as habitual delinquents that correcting them is a pressing one. 3. Psychiatric Delinquents : 3. Psychiatric Delinquents These are delinquents suffering from emotional disturbances brought about by his or her environment. It may result to mental illness if not given care and attention. CHARACTERISTICS OF JUVENILE DELINQUENCY IN A DIFFERENT VIEWPOINTS: : CHARACTERISTICS OF JUVENILE DELINQUENCY IN A DIFFERENT VIEWPOINTS: PARENTAL VIEW
Parents may define disruptive and delinquent behavior as disobedience, fighting with siblings, destroying or damaging property, stealing money from family members or threatening parents with violence. Slide 14: EDUCATIONAL VIEW
School staff members often regard delinquent behavior as that which interrupts or disturbs classroom learning, violates the school code of conduct and sometimes threaten the safety of faculty and students.
MENTAL HEALTH VIEW
Mental health professionals consider delinquency to include a wide range of disruptive behaviors that may involve toward others or animals, destruction to property, deceitfulness, theft and violations of curfew and school attendance. 4. The Legal System View : 4. The Legal System View Almost all states in the world consider persons under the age of 18 to be juveniles. However when children under this age commit serious crimes, they may be prosecuted as adults.
Legally, there are two (2) categories of offenses that may be committed by Juvenile Delinquents, they are:
DELINQUENCY OFFENSES EXPLAINING THE CAUSE OF DELINQUENCY : EXPLAINING THE CAUSE OF DELINQUENCY THE CAUSES:
Juvenile Delinquency may be rooted out in many ways according to the different perspective. This perspective may varies, depending on the way experts understand problem relative to juvenile delinquency.
WHO CAN EXPLAIN JUVENILE DELINQUENCY?
A. SCIENTIST like: (to institute treatment)
1. Medical Doctor
2. Psychologist and Psychiatrist
B. JURIST AND LEGALIST such as: (to institute measures for prevention)
1. Lawmaker (senator/congressman)
2. Lawyers and judges
3. Policemen and law enforcer CAUSES OF JUVENILE DELINQUENT BEHAVIOR : CAUSES OF JUVENILE DELINQUENT BEHAVIOR Explaining crime and delinquency is a COMPLEX TASK. There are MULTITUDE OF FACTORS that contribute to the understanding of what leads someone to engage in delinquent behavior.
While biological and psychological factors hold their own merit when explaining crime and delinquency, perhaps social factors can best explain juvenile delinquency. JUVENILE DELINQUENCY is a massive and growing problem OF ALL COUNTRY in the world. Influential factors to delinquency : Influential factors to delinquency THE FAMILY
Family factors which may affect the development of juvenile delinquency include intense and relentless family conflict. Such conflict could be characterized by domestic violence, dysfunctional family cohesiveness, child abuse and parental neglect and inability to express appropriate affection toward a child and lack of adequate supervision of a child and rigid non-democratic child rearing practices. Family like this will avoid delinquency : Family like this will avoid delinquency Slide 20: 2. THE PEERS
Adolescence is a stage of development in which acceptance by one’s peers becomes extremely important to the juvenile’s sense and self-worth. Associating with a circle of friends who exhibit delinquent behaviors and perform delinquent acts increases the risk of non-conformity to social norms as well as deviant and delinquent behaviors. “Tell me who your friends are and I’ll tell you who you are” : “Tell me who your friends are and I’ll tell you who you are” Slide 22: 3. THE SCHOOL
Poor academic performance and classroom conduct problems may be predictors to later delinquency. Lack of academic competency creates feelings of alienation, worthlessness and low self-esteem. Truancy is often a child’s way of dealing with school related failures. “SCHOOL: the molder and foundation of knowledge” : “SCHOOL: the molder and foundation of knowledge” DELINQUENT BEHAVIOR: SIGNS & SYMPTOMS : DELINQUENT BEHAVIOR: SIGNS & SYMPTOMS The emergence of behavior problems can be detected as early as age two. Opposition to parents and aggressive behavior with other children are natural development pathways for toddlers. Those oppositional behaviors typically decline between the ages of 3 and 6 as children acquire the ability to use appropriate speech; this ability facilitates the expression of needs and feelings as well as the resolution of conflict. Slide 25: However, failure to develop complimentary behaviors such as honesty, non aggression, and respect for authority figures may lead to problematic behaviors such as: AUTHORITY CONFLICT : AUTHORITY CONFLICT Stubborn and defiant behavior, disobedience to parents and other authority figures, skipping classes or not attending school at all and running away from home as a means of avoiding rules and regulations. COVERT ACTS : COVERT ACTS Lying, shoplifting, property damage (including vandalism and fire-setting) or more serious forms of property damage ranging from petty thievery to robbery. OTHER COVERT ACTS : OTHER COVERT ACTS OVERT ACTS : OVERT ACTS Annoying and bullying others, physical fighting, gang fighting and other violent behaviors such as attacking others with a weapon and sexual assault. If you fear that your child may be heading down a path towards delinquency or is at a high risk for developing these behaviors then keep in mind that PREVENTION IS HE BEST SOLUTION PREVENTING JUVENILE DELINQUENCY : PREVENTING JUVENILE DELINQUENCY The prevention of delinquency requires identifying at-risk individuals and their environments before delinquent activity and behavior occur and then removing such risk factor or strengthening resistance to the risk factors already present.
The most logical starting place for prevention efforts is the FAMILY. The following slides will be a very good guide in preventing delinquent behavior: Slide 31: Build family cohesiveness and parent-child relationship by taking time each week to have fun as a family spending 10-15 minutes alone with the child at least once a week and listening attentively to them.
Monitor the child’s activity. Always ask where they are going, with whom, and when will be back Slide 32: Set logical rules for behavior according to the child’s age and then apply age appropriate consequences fairly and consistently when rules are broken.
Get to know the child’s friends and their families. Slide 33: Adopt a democratic parenting styles by allowing the child’s voice to be heard; listen carefully when they are talking and make good eye contact at all times.
Offer to help academic problems and show concern about their studies and behavior at school. At the end of each day ask what went in school and what problems occurred. Slide 34: Talk to them about peer pressure, and the physical and emotional changes expected during teen years. Calmly explain what you expect from them in the way of appropriate behavior.
Assist the child in making good decisions by being a good role model; make good decisions and show to them how to solve problems. Slide 35: Use natural or logical consequences in applying discipline. For example if a child write on the wall a logical consequence would be for him to scrub the wall, clean and paint it.
Enroll them in youth recreational activities such as boys and girls club to avoid them idle.
IF ALL THIS THINGS ARE DONE AND STILL THE CHILD IS A PROBLEM, THIS TIME PROFESSIONAL ASSISTANCE LIKE PSYCHOLOGIST, SOCIOLOGIST AND THE LIKE MUST BE EMPLOYED. Three Categories of Juvenile Delinquents : Three Categories of Juvenile Delinquents 1. Children aging below 7 – this delinquents are always considered exempted from criminal liability 2. Children aging from 7 to 12 – these are delinquents who are not capable of estimating what is right and wrong and guilt may not be established in himself. : 2. Children aging from 7 to 12 – these are delinquents who are not capable of estimating what is right and wrong and guilt may not be established in himself. 3. Children aging above 12 but below 16 years of age. : 3. Children aging above 12 but below 16 years of age. ARE THERE ANY QUESTION? : ARE THERE ANY QUESTION? will now commence! Slide 40: THE JUVENILE JUSTICE CODE OF THE
9344 What is juvenile justice system? : What is juvenile justice system? It is a system involving police or law enforcement agencies, courts & juvenile correctional agencies. The similarities Between adult and juvenile system? : The similarities Between adult and juvenile system? Police officers, judges, and correctional personal use of discretion in the decision making in both the adult and the juvenile system;
The right to receive Miranda warnings applies to juveniles, as well as to adults;
Juveniles and adults are protected from prejudicial line-ups or other identification procedures; Slide 43: Similar procedural safeguards protect juveniles and adults when they make an admission of guilt;
Prosecutors and defense counsels play equally critical rules in "juvenile and adult advocacy;
Juveniles and adult are have the right to counsel at most key stages of the court process. SIMILARITIES… Slide 44: 7. Pretrial motions are available in juvenile and criminal court proceedings;
8. Negotiations and the plea-bargaining exists for children and adult offenders;
9. Children and adults have a right to a hearing and an appeal;
10. The standards of evidence in juvenile delinquency adjudication, as in adult, criminal trials, is proof beyond reasonable doubt; SIMILARITIES… Slide 45: 11. Juveniles and adults can be placed on probation by the court;
12. Both juveniles and adults can placed in pre-trial detention facilities;
13. After trial, both can be placed in community treatment program;
14. Nature between juvenile and adult justice system. SIMILARITIES… DIFFERENCES BETWEEN ADULT AND JUVENILE JUSTICE SYSTEM : DIFFERENCES BETWEEN ADULT AND JUVENILE JUSTICE SYSTEM The primary purpose of juvenile procedures is the protection and treatment, with adults, the aim is to punish the guilty;
Juveniles can be detained for acts that would not be criminal if they were committed by an adult (status offenses)
Juvenile proceedings are not considered criminal; Slide 47: Juvenile court procedures are generally informal and private; those adult court are formal & open to the public;
Courts cannot release identifying information about juvenile to the press, but they must release information about adult;
The standard of arrest is more stringent for adult than juveniles DIFFERENCES… Slide 48: Parents are highly involve in the juvenile process but not in the adult process;
Juveniles are released into parental custody. Adults are generally given the opportunity for bail;
Juveniles can be searched in school without probable cause or warrants. DIFFERENCES… Slide 49: A juvenile's record is sealed when the age of majority is reached. The record of an adult is permanent;
The court cannot sentence juveniles to city/municipality jails or state prisons; while these can be applicable for adults. DIFFERENCES… THE LAW GOVERNING JUVELINE DELINQUENCY : THE LAW GOVERNING JUVELINE DELINQUENCY Presidential Decree 603
“THE CHILD AND YOUTH WELFARE CODE”
The child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life
Declaration of Policy (Art. 1 PD 603) Such declaration of Policy was explicitly explained as: : Such declaration of Policy was explicitly explained as: The child is not a mere creature of' the state. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of character of me child start at home. Consequently every member of family should strive to make the home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and unconcerned with the interest of the community and the country. Slide 52: The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government;
Other institutions, like school, the church, the guild and me community in general, should assist the home and the state in the endeavor to prepare the child for the responsibilities of adulthood (Art 1, PD 603) HOME & INSTITUTION FOR JD’s : HOME & INSTITUTION FOR JD’s What is Detention Home? It is a (24) 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 of jurisdiction.
What is Shelter Care Institution? It is one that provides temporary protection and care to children requiring emergency reception as a result of fortuitous event, 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 material witnesses. Slide 54: What is a Child Caring Institution? It is one that provides twenty-four (24) hour resident group care service for the physical, mental social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, abused, handicapped, disturbed or youthful offenders. HOME… Slide 56: The 7 Special Categories of Children?
(A) Dependent Child – one who is without parent, guardian or custodian or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody, and is dependent upon the public support.
(B) Abandoned Child – one who has no proper parental love or guardianship or whose parents or guardian have deserted him for a period of at least six continuous month.
(C) Neglected Child – one whose basic needs have been deliberately unattended or inadequately unattended. Neglect may occur in two-ways, they are: Slide 57: THE TWO CLASSIFICATION OF NEGLECTED CHILD
Physical Neglect - when a child is malnourished, ill-clad without proper shelter; a child is unattended when left by himself without provision of his needs and/or without proper supervision.
Emotional Neglect - when children are maltreated, raped or seduced; when children are exploited, overworked or made to work under conditions not conducive to good health; or are made to beg in the streets or public places, or when children are in moral danger; or exposed to gambling, prostitution and other vices. Slide 58: D. Mentally Retarded Children - mentally retarded children are:
Socially incompetent, that is socially inadequate and occupationally incompetent and unable to manage their own affairs.
Retarded intellectually from birth or early stage;
Retarded at maturity
Mentally deficient as a result of constitutional origin; through hereditary or disease; &
Essentially incurable. Classification of Mental Retardation : Classification of Mental Retardation Custodial Group – The members of the classification are severely or profoundly retarded, hence, the least capable. These include those with IQ's to 25.
Trainable Group – members of this group consist of those IQ's from 25–about 50; this group shows a mental level rate of development which is 1/4 to ½ that of average child, is unable to acquire higher academic skills, but can usually acquire the basic skills for living to a reasonable degree.
Educable Group – This group IQ ranges from 50–75 and the intellectual development is approximately ^ to % of that expected of a normal child of the chronological age. The degree of success or accomplishment mat they will reach in ' life depends very much on the quality and type of education receive, as well as on the treatment at home and the community. Slide 60: Borderline or Low Normal Group - This is the highest group of mentally retarded, with IQs from about 75 to 89. The members of this classification are only slightly retarded and they can usually get by in regular classes if they receive some extra help, guidance, and consideration. Slide 61: (E) Physically Handicapped Children - physically handicapped children are those who are crippled, deaf mute, blind or otherwise defective which restricts their means of action on communication with others (Art. 170, PD 603)
(F) Emotionally Disturbed Children - emotionally disturbed children are those who although not afflicted with insanity or mental defects are unable to maintain normal social relations with others & the community in general due emotional problems or complexes (Art. 171, PD 603). Slide 62: (G) Mentally III Children - mentally ill children are those with any behavioral disorder, whether functional or organic, which is of such degree of severity as to require professional help or hospitalization. REPUBLIC ACT 9344 : REPUBLIC ACT 9344 An Act Establishing a Comprehensive Juvenile Justice and Welfare System
Date Signed by the President: May 4, 2006 FEATURES: : FEATURES: Cases against children 18 years old and below at the time the crime was committed shall immediately be dismissed. These children shall then be referred to the appropriate local social welfare and development officer, who will determine whether to release them to the custody of their parents or have them go through rehabilitation program.
Those with suspended sentences and undergoing rehabilitation shall also be released, unless it is contrary to the best interest of the child. Slide 65: Should the child be detained pending trial, RA 9344, stated that “a family court shall also determine whether or not continued detention is necessary, and if not, determine appropriate alternatives for detention. If detention is necessary and he or she is detained with adults, the court shall immediately order the transfer of the child to a youth detention home. Features…. Slide 66: Children who have been convicted and are serving out their sentence shall also benefit from the retroactive application of the law and be entitled to appropriate treatment provided under the law.
It exempts children 18 years old and below from criminal liability. They will only be subjected to an intervention program- a series of activities designed to address issues that caused the child to commit an offense. Slide 67: Intervention may take the form of an individualized treatment program that could include counseling, skills training, education and other activities that will enhance the child’s well-being.
Children above 15 or below 18 may have to face appropriate proceedings if the prosecution proves they acted with discernment in committing an offense. The exemption granted however do not cover civil liability. ROLE OF THE JJWC : ROLE OF THE JJWC RA 9344 also created a Juvenile Justice and Welfare Council composed of representatives from various government agencies, which will convene 15 days after this law goes into effect.
The Council, which will be chaired by the DSWD Secretary, will ensure the effective implementation of RA 9344.
The Juvenile Justice Law also mandates the establishment and strengthening of local councils for the protection of children, which will be composed of responsible members of the community, representatives from the youth sector, & government & private agencies concerned with the welfare of children. Slide 69: The local council will serve as the primary agency to coordinate with and assist local government units on the adoption of a comprehensive plan to prevent delinquency and to oversee its proper implementation.
One percent of the IRA of barangays, municipalities and cities shall be allocated for the strengthening and implementation of the programs of the local council. Each local government unit is in charge of disbursing this allocation. ROLE OF THE MEDIA : ROLE OF THE MEDIA Under RA 9344, media practitioners are ordered to maintain the highest professional standards in reporting and covering cases of children in conflict with the law.
Any undue, inappropriate and sensationalized publicity of any case involving a child in conflict with law is hereby declared a violation of the child’s rights. ROLE OF THE POLICE : ROLE OF THE POLICE The Juvenile Justice Law also guides law enforcers on how to handle children properly once they are taken into custody.
Law enforcers shall refrain from “using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the child in conflict with the law”.
The law added that law enforcers shall not display any firearm, weapons or handcuffs, unless necessary in apprehending child offenders. Slide 72: Law enforcers shall turn over custody of the child “immediately but not later than eight hours after apprehension” to the Social Welfare and Development Office or other accredited non-government organizations and notify the child’s parents or guardians and the public attorneys’s office of the child’s apprehension.
The Social Welfare and Development Office shall then explain to the child and the child’s parents or guardians “the consequences of the child’s act with a view towards counseling and rehabilitation, diversion from the criminal justice system and reparation, if appropriate. Slide 73: PLEASE FEEL FREE
TO ASK QUESTION! Thank you! We just ended the 1st part. : Thank you! We just ended the 1st part. Pahabol…. DON’T DO THIS TO YOUR CHILD , THEY MAY NOT ONLY BE DELINQUENT IN THE FUTURE BUT THEY MIGHT BECOME REBELLIOUS!