SEGMENT 1.

DEFINITION OF TERMS

1. ABANDONMENT- The most 9. CHILD PROTECTION ACTION- the

common legal grounds for filing of legal papers by a child
termination of parental rights, also a welfare agency when its
investigation has turned up evidence
form of child abuse in most states.
of child abuse. This is a civil, rather
2. ABUSE- term for acts or omissions than criminal
by a legal caretaker. Encompasses a 10. CHILD SUPPORT- the act of being
broad range of acts, and usually responsible for enforcing child
requires proof of intent. support obligations.
3. ADJUDICATION- The phase of a 11. CHILD VICTIM’S AND CHILD
delinquency hearing similar to a WITNESS RIGTHS- a 1990 federal
“trial” in adult criminal court, except law allowing courts in protecting the
that juveniles have no right to a jury emotional health of any child called
trial, a public trial or bail. to testify in courtroom.
4. ADMINISTRATIVE PROCEDURE- 12. CHINS (Child in Need of
processes involving enforcement of Supervision)- a term applied to
care, custody or support orders by status offenders adjudicated in
an executive agency rather than by juvenile court.
courts or judges. 13. CIVIL PROTECTION ORDER-
5. ADOPTION- a legal relationship protective custody, a child welfare
between two people not biologically or policy agency order an adult
related, usually terminating the suspected of abuse to leave the
rights of biological parents, and home.
usually with a trial “live-in” period. 14. CUSTODIAL CONFINEMENT- court
6. BEST INTERESTS OF THE CHILD order for placement in a secure
RULE- legal doctrine establishing facility, separate from adults, for the
court as determiner of best rehabilitation of a juvenile
environment for raising a child. An delinquent.
alternative to the Parens Patriae 15. DELINQUENCY PROCEEDING- Court
Doctrine. action to officially declare someone
7. BREED VS. JONES (1975)- case a juvenile delinquent.
following second prosecution in 16. DEPENDENT- anyone under the care
adult court for conviction in juvenile of someone else. A child ceases to
court, based on idea that first be a dependent when they reach the
conviction was a “civil matter”. age of emancipation.
8. CASE LAW- law established by the 17. DESHANY VS WINNEBAGO COUNTY
history of judicial decisions in cases (1989)- Case limiting extent by
decided by judges, opposed to which government exercises parens
common law which is developed patriae power
from the history of judicial decisions
and social customs. .
18. DISPOSITION- phase of delinquency temporary parental rights and
proceeding similar to “sentencing” obligation.
phase of adult trial.. 29. IN RE GAULT (1967)- (U.S) case that
19. DIVERSION- an alternative to trial determined the Constitution
decided upon at intake to refer the requires a separate juvenile justice
child to counselling or other social system with certain standard
services. procedures and protection.
20. EMANCIPATION- independence of a 30. INTAKE- procedure prior to
minor from his or her parents before preliminary hearing in which a group
reaching the age of majority. of people talk and decide whether to
21. EQUAL PROTECTION- a clause handle the case formally or
requiring government to treat informally.
similarly situated people the same 31. JUDGEMENT- any official decision or
or have good reason for treating finding or a judge or administrative
them differently. agency; also known as a decree or
22. FAMILY IMMUNITY DOCTRINE- legal order.
doctrine preventing unemancipated 32. KENT VS U.S (1966)- case requiring a
children from suing their parents. special hearing before any transfers
23. FAMILY PURPOSE DOCTRINE- legal to adult court.
doctrine holding parents liable for 33. MATERNAL PREFERENCE RULE- legal
injuries caused by a child’s negligent doctrine granting mother’s custodial
driving or other actions. preference after a divorce.
24. FOSTER CARE- temporary care 34. NEGLECT- parental failure to provide
funded via Federal-State pass- a child with basic necessities when
through and arranged by a child able to do so. Encompasses a variety
welfare. of forms of abuse.
25. GUARDIAN AD LITEM- phrase 35. PARENS PATRIAE- legal doctrine
meaning “For the Proceeding” establishing “parental” role of state
referring to adults who look after over welfare of its citizen, especially
the welfare of a child and represent its children. A 19th century idea first
their legal interests. articulated in Prince v.
26. GUARDIANSHIP- court order giving Massachusetts (1944).
an individual or organization legal 36. PAROLE- release of a juvenile
authority over a child. A guardian of delinquent from custodial
the person is usually an individual confinement prior to expiration of
and the child is called a ward. sentence; called aftercare.
Guardians are usually compensated 37. PATERNITY- result of lawsuit forcing
for their services. a reluctant man to assume
27. ILLEGITIMACY- being born to obligations of fatherhood
unmarried parents. Illegitimacy 38. PLEADING- in juvenile court, a plea
status limits inheritance rights. of “not guilty” will move the case to
28. IN LOCO PARENTIS- teachers, adjudication and a “plea of guilty” or
administrators and babysitters who “nolo contendere” will result in
are viewed as having some waiver of right to trial.
39. PRELIMINARY HEARING- the crimes while under age 16. Won by a
bringing of a juvenile before a narrow majority, as in the 1988 case
magistrate of judge in which charges of Thompson vs. Oklahoma which
are formally presented. Similar to an relied upon “standards of decency”.
arraignment in adult court and also 46. STATUS OFFENSE- an activity illegal
called “advisory hearings” or “initial when engaged in by a minor, but not
appearances” in some state juvenile when done by adult. Examples
justice systems. include truancy, curfew, running
40. PREVENTIVE DETENTION- keeping a away or habitually disobeying
juvenile in custody or under a parents.
different living arrangement until 47. STEPPARENT- a spouse of a
the time when adjudication can take biological parent who has no legal
place. Upheld in Schall v. Martin rights or duties to the child other
(1984), but the right to speedy trial than those which have been
requires the dropping of charges if voluntarily accepted.
an unreasonable amount of time is 48. SURROGATE PARENT- a parent who
spent in preventive detention. provided an egg, sperm or uterus
41. PROTECTIVE CUSTODY- emergency, with intent of giving the child up for
temporary custody by a child adoption to specific parties.
welfare agency, police agency, or 49. TENDER YEARS DOCTRINE- legal
hospital for reasons of imminent doctrine that unless the mother is
danger to the child. “unfit” very young children should
42. PSYCHOLOGICAL PARENT be placed in custody with their
DOCTRINE- legal doctrine granting mother following a divorce.
custody to the parent whom the 50. TERMINATION HEARINGS- process
child feels the greatest emotional for legally severing the parent-child
attachment to. relationship. Initiated by the filing of
43. RESTITUTION- a disposition a petition in family court, Requires a
requiring a defendant to pay finding of “unfitness” and a
damages to a victim. The law determination of the best interest of
prohibits making restitution a the child.
condition of receiving probation. 51. UNFIT PARENT- a temporary or
Some states do not allow families to permanent termination of parental
pay restitution. rights in the best interest of the
44. RULE OF SIXTEEN- (U.S) federal and child usually for reasons of
state laws that prohibit anyone abandonment, abuse or neglect, but
under age of 16 from employment. also including mental illness,
45. STANFORD V KENTUCKY (1989)- addiction or criminal record. Poverty
case in which it was determined alone and character flaws are
constitutional to execute juveniles prohibited by law from being
between the ages of 16-18, but indicators of “unfitness”.
unconstitutional if they committed
SEGMENT 2. Historical Background of Juvenile Delinquency and Juvenile Justice
System
1. The Code of Hammurabi
 This code was the first comprehensive description of system used by society to regulate
behavior and at the same time punish those who disobeyed the rules.
 The main principle “the strong shall not injure the weak”. It established a social order
based on individual rights.
 Lex Taliones, that is, “an eye for an eye”.
 1641, the General Court of Massachusetts passed the Stubborn Child Law, that children
who disobeyed their parents could be put to death.
 Puritans believed children were born sinful and should submit to adult authority and
hard labor.
 1646, the Virginia General Assembly passed a law to prevent “Sloth and Idleness”.

2. American Postcolonial Patterns of Delinquency

- “Children Only” laws were passed. There was an increasing demand on the state to take
responsibility for improving the lives of children and eventually new regulations, such as, child
labor laws were enacted.

 In 1916, United States congress

 passed the Keating-Owen Act, the first piece of child labor in America.
 The Middle of the Nineteenth Century also included the child saving movement.
Concerned citizens eventually formed a social activist group called Child Savers, who
believed that: “children were born good and became bad”. According to child savers,
parents of juveniles should be sterilized to prevent further members of the “dangerous
class” from being born-Eugenics.
 In 1818, a committee reports listed “juvenile delinquency” as a major cause of
pauperism, the first public recognition of the term juvenile delinquency.
 In 1899 the Illinois legislature passed a law establishing a juvenile court that became the
cornerstone for juvenile justice throughout the United States.

The historical and Philosophical Roots of the confined both children and adults
Juvenile Justice System are: considered to be idle and disorderly.
1. Stressing the social contract, 2. Hospice of San Michele (Saint
2. The prevention of crime, and Michael)-1704. John Howard, a
3. The need to make any reformer, to England from Rome a
punishment fit the crime model of the first institution for
committed. treating juvenile offenders. He was
House of Corrections for Juvenile often thought of as the father of
Delinquent prison reform.
1. Bridewells- it was the first house of
corrections in England. They
 3. House of Refuge- it was situated in
New York in 1825. It was opened to 4.2 Routine Activity Theory
house juvenile delinquents, who It is focused on the crime
were defined in its charter as target or anything an
“youths convicted of criminal offender wants to take
offenses or found in vagrancy”. control of, three
elements must come
together:
1. Motivated offenders;
SEGMENT 3. Theories of Crime and 2. Suitable targets; and
Delinquency 3. Opportunity.
I. Supranational, Classical and
Neoclassical Theories II. Biological and Psychological
1. Supranational Theory Theories
Supranational theories blame 1. Scientific Study of Crime
delinquency on demonic (Positive School of
possession. People believed Criminology)
criminals were possessed by Believed that crime was
the evil. caused by factors that are in
2. Classical Theory place before the crime
Classical school criminologist occurs. It is presumed that
believed that people are the behavior was determined
rational, intelligent beings by something and it was their
who exercise free will or the job to discover what it was.
ability to make choices. . 2. Biological Theory
3. Neoclassical School Theory These theories locate causes
all people were held equally of crime inside the person.
responsible for their One early explanation
behavior. Those who commit examined the role of physical
similar crimes received appearance.
identical punishment. The 3. Psychoanalytic Theory
classical school focused on Can be traced through
the criminal act and not the Sigmund Freud who believe
actor. Exception: child and that personality consists of 3
lunatic parts; the id, ego and
4. Modern Classical School superego.
Theory 4. Behavioral Theory and
4.1 Rational Choice Theory Delinquency
It claimed that Burrhus Frederick Skinner is
delinquents are rational the most widely acclaimed
people who make calculated behaviourist who believes
choices. cost and benefits in that environment shapes
doing so. behavior. Their behavior is
the result of the
 consequences it produces. personality and behavior are
Children will repeat products of social
rewarded behavior and abort interaction. Labelling
punished behavior. Albert theorists therefore.
Bandura expanded on
Skinner’s ideas and 2. Conflict Theory
developed the theory of Conflict within society as
aggression where he said normal and rejects the idea
children learn by modelling that society is organized
and imitating others. around a consensus of values
Delinquent behavior is and norms. values and norms
learned direct, face to face of different groups are often
interaction or by observing the basis of conflicting
others. interest. Conflict theory of
Karl Marx mode suggests
III. Cultural Deviance, Strain and that capitalism is the
Social Control Theories essential root of crime and
1. Cultural Deviance Theory ruling class to control the
Children do not really lower class produce
commit deviant acts. Their delinquency.
behavior may be considered
deviant by larger society but V. Female Delinquency Theories
it is compatible with the a. Biological and Psychological
behavior in their Theories
neighbourhood. Early emphasis on biological
2. Strain Theories and psychological causes of
Assumes that children are behavior, female law
basically good. Only under violators were seen as
pressure (strain) why they uniquely different from male
deviate. But many cannot criminals.
become successful by a.1 Lombroso and Ferrero’s
conforming to society’s rules Atavistic Girl
out of desperation and they According to them
turn to crime. women is naturally more
3. Social Control Theory childlike, less intelligent,
Assumes that children are lacking in person, more
moral. Without control on maternal and have weak
their behavior they are characteristic that make
inclined to break the law. them less inclined to commit
crimes.
IV. Labelling and Conflict Theory Freud’s “Inferior Girl”
1. Labelling Theory Female delinquency arising
Believes that human nature primarily out of the
in malleable and that anatomical inferiority of
 women. Electra complex, experience double
which emerges Oedipal stage marginality; Messerschmitt
of development (between suggest that girls are likely to
age 3 to 6). Consequently, be involved in serious
they develop penis envy, delinquencies for 3 reasons:
which result in inferiority
complex. 1. Most crimes are
masculine in nature;
a.2 Thomas’s “Unadjusted physical strength,
Girl” aggressiveness and
Males and females are external proofs of
biologically different. achievement are facet of
Thomas identified four male personality;
distinct categories of 2. Because women are
wishes: subordinate and less
1. The desire for new powerful they have fewer
experience opportunities to engage
2. The desire for in serious crimes;
security 3. Males control even
3. The desire for illegitimate opportunities
response and females relegated to
4. The desire for subordinate roles even in
recognition criminal activities.

a.3 Pollak’s “Deceitful Girl” c. Power Control Theory

Women are actually as By John Hagan and his
criminal as men but their associates argues that girls
criminality is hidden or engage in less delinquency
“masked”. He believed because their behavior is
that the psychological more closely monitored and
nature of women makes controlled by parents in
them more deceitful than patriarchal families.
men.women also are
more likely to be d. Differential Oppression
instigators and men’s are Theory
perpetrators of crime. framework for understanding
why girls become
b. Marxist-Feminist Theories delinquents as well as why
Combines the notion of they are less inclined to
patriarchal male dominance delinquency than males. DOT
in the home and argues that adults oppress
interpersonal relationships children as they attempt to
with male control in the impose. Generally, the more
means of production. women oppressed the child is, the
 more likely they will become are doubly oppresses; they
delinquent. Girls in are oppressed as children
patriarchal societies however and as females.

LEARNING UNIT 2
SEGMENT 1. BRIEF HISTORY OF JUVENILE DELINQUENCY
 The Harsh beginning- children were viewed as non-persons until the 1700’s. They did
not receive special treatment or recognition. Discipline then is what we now call abuse.

 “The Enlightenment” - 18th century appeared as a new cultural transition. This period of
history is sometimes known as the beginning of reason and humanism. People began to
see children s flowers, which needed nurturing in order to bloom

 Prior to the 20th century, juvenile offenders were often treated as adults. The first
development contrary to this is the United Kingdom, the establishment of
 Borstal training center in place of normal imprisonment, which was intended to build up
the offender’s character.
SEGMENT 2. Significant Cases Concerning Juvenile Delinquency
 In re: Winship
It established proof beyond reasonable doubt as the standard for juvenile adjudication,
proceedings, eliminating lesser standards such as preponderance of the evidence, clear
and convincing proof and reasonable proof.

 Breed v. Jones
It recognized that a juvenile cannot be adjudicated in a juvenile court and then tried for
the same offense in an adult criminal court (double jeopardy).

 Kent v. United States

It provided the procedural requirements for waiver to criminal court as articulated by
the U.S. Supreme Court.
 In re: Gault (1967)
The Court held that juvenile courts must provide the basic procedural protection that
the Bill of Rights guarantee to adults, including timely advance notice of the charges, the
right to either retain or appoint counsel, confrontation and cross-examination of
adverse witnesses, self-incrimination, and the right to remain silent.
 American Bar Association (1977)
It endorsed discrimination of status offenses, urging that juvenile delinquency liability
should include only such conduct as would be designated a crime if committed by an
adult. In the 1980’s many training schools and high-security institutions were built in
rural areas so the inmates could be trained on agriculture. The hope was that such
training would produce productive citizens.
 Schall v. Martin (1984)
 The Supreme Court upheld the state’s rights to place juveniles in preventive detention.
Preventive detention was perceived as fulfilling a legitimate state interest of protecting
society and juveniles by detaining those who might be dangerous to society or to
themselves (Regoli & Hewitt, 1991).

A Glance of Philippine Juvenile Delinquency

The problems of the street children and juvenile delinquency are much related social
problems. To survive in the street, you almost have to become delinquent. Exposed to criminal
elements. Most street children have become juvenile delinquents either out of necessity
(because they are poor) or through force (because of the syndicates).

SEGMENT 3. CONCEPT OF JUVENILE DELIQUENCY

 Delinquency in General
Delinquency refers to any action, course of conduct that deviates from acts approved by
the majority of people. Delinquency, therefore, is a general term for any misconduct or
misbehaviour that is tantamount to felony or offense. It is, however, distinct from crime in the
sense that the former may be in the form of violation of law, ordinance or rule but it is
punishable only by a small fine or short term imprisonment or both
 Juvenile Crime
In law, term denoting 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
offences, which are less serious misbehaviour problems such as truancy and parental
disobedience.
Unlawful acts are 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

 Juvenile Delinquency
The term juvenile delinquency is used to describe a large number of disapproved
behaviors of children or youths. In this sense, almost anything that the youth does which other
do not like is called juvenile delinquency. In a more specific view, acts of juvenile delinquency
include violation of laws such as those defined by juvenile codes and laws.

 The Delinquent Person

A delinquent person is one who repeatedly commits an act that is against the norms or
mores observed by the society. When a person habitually commits an act that is not in
accordance with the rules or policies of a community where he belongs, he is considered a
delinquent.
Juvenile delinquents maybe 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
 The Juvenile Delinquent
Juveniles are young people who are regarded as immature or one whose mental as well
as emotional faculties are not fully developed thus making them incapable of taking full
responsibility of their actions.

 What is a Deviant Behavior?

Deviant behavior refers to a behavior that does not conform to norms. These are
behaviors that in some ways do not meet with the expectations of a group or of a society as a
whole. The following may help us understand our consideration of what deviant behavior is:
1. In terms of Time
The meaning of deviance changes through the years. For example, it was socially
unacceptable to see girls drinking beer or teenagers and women smoking. All these
are not heavily considered now as deviant behavior.

2. In terms of Place or Geography

Being deviant varies according to geographic area. Open prostitution as an
example is deviant in the Philippines, but not in some countries. Some countries
have open “red light districts” were “customers” can have their choice (Saquilayan,
et al, 2011).

SEGMENT 4. Risk Factors

1. Individual Risk Factors
Individual psychological or behavioral risk factors that may make offending more
likely include intelligence, impulsiveness or the inability to delay gratification,
aggression, empathy and restlessness. Children with low intelligence are likely to do
worse in school.

2. Family Environment
Children brought up by lone parents are more likely to start offending than those
who live with two natural parents. Conflict between a child’s parents is also much more
closely linked to offending than being raised by a lone parent. If a child has low parental
supervision they are much more likely to offend.

Family Factors: Its influence in offending a child includes the following:

a. The level of parental supervision;
b. Parental conflict or separation;
c. Parental abuse or neglect;
d. The way parents discipline a child;
e. Criminal parents or siblings; and
 f. The quality of the relationship.

SEGMENT 5. NATURE OF DELINQUENCY

 Classification of delinquency
1. Unsocialized Aggression- rejected or abandoned no parents to imitate and become
aggressive.
2. Socialized delinquency- membership in fraternities or groups that advocate bad things.
3. Over-inhabited- group secretly trained to do illegal activities like marijuana cultivation.

 Juvenile Delinquency Tendencies

1. Malicious- expression of defiance
2. Negativistic- changeable attitude like not being satisfied with status
3. Non-utilitarian- vandalistic attitude like graffiti
4. Hedonistic- doing bad things for pleasure

SEGMENT 6. TYPES OF DELINQUENT YOUTH

Delinquent youths may be grouped according to manner in which their personality
types define and affect their delinquent behavior.

1. Socialized delinquent- they become delinquent as a result of their social

association with people from whom they learned deviant values.
2. Neurotic delinquents- these youths become delinquents as a result of distortion
in their personality and their ideas and perception of the world around them.
For example, youths who become kleptomaniacs, shoplifters and pyromaniacs
have neurotic compulsions that usually result in delinquent behavior.
3. Psychotic delinquents- there are youths with severe personality disorders have a
scientifically distorted perception of the society and the people around them.
Psychotic offenders likely to commit acts of violence, including murder. tend to
commit the most heinous and senseless acts of violence.
4. Sociopathic delinquents- these youths are characterized by an egocentric
personality. They have limited or no compassion for others.

Other ways to classify delinquents are as follows:

1. Environmental delinquents- they are the occasional lawbreakers.
2. Emotionally maladjusted delinquents- these delinquents are chronic lawbreakers who
make breaking of laws a habit they cannot avoid or escape from.
3. Psychiatric delinquents- they are persons become delinquent due to mental illness or
emotional disturbances in the family.
SEGMENT 7. GANG
The term gang is groups in socially disorganized and deteriorated inner-city
neighbourhoods. It is applied to youths who are engaged in variety of delinquencies ranging
from truancy, street brawls and banner running to race riots, robberies and other serious
crimes.
The gang, according to Frederic Thrasher, is characterized by the following types of
behavior: meeting face to face, milling movement through space as a unit, conflict and
planning.
By the 1950’s, the gang, a friendship of a group of adolescents who share common
interest, with a more or less clearly define territory, in which most of the members live. They
are committed to defending one another, the territory.
A youth gang is a self-forming union of peers, bound together by mutual interest, with
identifiable leadership, to achieve specific purposes include the conduct of illegal activity and
control over a territory, facility or type of enterprise.

Characteristics of Gang
1. Organization- This states that a gang or gang members has collective goals. It may
include the Akyat Bahay Gang and the like.
2. Leadership- They has leaders that may decide matters related to the organization.
3. Turf of Territory- It involves identification and control. Identify places like parks,
housing products or schools to impose their illegal acts. Crossing turf or boundaries
and entering another gang’s territory, often clearly marked by graffiti, involved
taking serious risks.
4. Cohesiveness- It refers to gang’s very close, tight-knit organizations with loyal
members bound to one another by mutual friendship and common interests.

Gang Suppression
Suppression could be attained through the use of laws that will allow authorities to
charge gang youths with basic criminal offenses against persons, property and public order
crimes.

SEGMENT 8. ENVIRONMENTAL FACTORS TO DELINQUENCY

Families, peers, schools and socioeconomic status are all social factors that are
examined in many of the causal theories. Peers can also teach an adolescent or child a
criminal behavior just as the family member can. Family members and peers can also
cause delinquent patterns of behavior by labelling their child as delinquent. This is
somewhat of the “if the shoe fits, wear it”, saying. If a child feels as though they are
viewed as delinquent, then they will act as such and find a sense of self-esteem by doing
so. In order to simplify the environmental sources of delinquency, the following are
considered:

1. FAMILY BACKGROUND
 The Home
 - The family or the home is one of the most influential environmental
factors that would lead a person to either a law abiding or a criminal.
It is said that the home is considered as the “cradle of human
personality” for in it the child forms fundamental attitudes and habits
that endure throughout his life.
- Thus, a child who was provided with love, attention, guidance,
security, standards and all other things they needs comes to regard
people as friendly, understanding, dependable, loyal and worthy of
his respect and admiration. On the other hand, if he experienced
cold, despairing, rejecting, neglectful and cruel environment in the
home, most likely he will learn to distrust, disobey, dislike and even
to hate people (Tradio, 1983).

- Given a home, the child tends to become law abiding if the following
conditions are met:

1. The child is loved and wanted and knows it.

2. He was helped to grow up by not having too much or too little
done for him.
3. He is part of the family; he has fun with the family he belongs.
4. His early mistakes and badness are understood as a normal part
of growing and hi is corrected without being hurt, shamed or
confused.
5. His growing skills are enjoyed and respected.
6. He feels his parents care as much about as they do to his sisters
and brothers.
7. The family sticks together with understanding and cooperation.
8. He is moderately and consistency disciplined.

2. THE BROADER SOCIAL PROCESS

 Bad Neighbourhood
- Refers to areas or places in which dwelling or housing conditions are
dilapidated, unsanitary and unhealthy which are detrimental to the
moral, health and safety of the populace. Most inhabitants in a bad
neighbourhood are experiencing economic difficulties, alcoholism,
substance abuse, gambling and many other problems in life.
 The School
- Part of the broader social process for behavior influence is the
school. It is said that the school is an extension of the home having
the strategic position to control crime and delinquency. The teachers
are considered second parents having the responsibility to mold the
child to become productive members of the community by devoting
energies to study the child behavior using all available scientific
 means and devices in an attempt to provide each kind and amount of
education they need. However, the school could be an influence to
delinquency and criminality when teachers are being disliked for they
are too cross, crabby, grouchy, never smile, naggers, sarcastic,
temperamental, unreasonable, intolerant, ill mannered, too strict
and unfair. Conditions like these makes the students experience
frustration, inadequacy, insecurity and confusion, which are most of
the time the “kindergarten of crime”. In short, next to parents the
teachers stand as foremost in their influence to human behavior.

 The Church
- Religion is a positive force for good in the community and an
influence against crime and delinquency. The church influences
people’s behavior with the emphasis on morals and life’s highest
spiritual values, the worth and dignity of the individual, and respect
for person’s lives and properties, and generate the full power to
oppose crime and delinquency.
 The Police
- Is one of the most powerful occupation and groups in the modern
society. The prime mover of the criminal justice system and the
number one institution in the community with the broad goals in
maintaining peace and order, the protection of life and property, and
the enforcement of the laws. The police is the authority having a
better position to draw up special programs against crime because it
is the very reason why the police exist.
 Non-Government Organization (NGOs)
- The group of concerned individuals responsible for helping the
government in the pursuit of community development being
partners of providing the common good and welfare of the people,
this non-government organization are good helpers in providing the
required services, this preventing criminality and maintain order.

 The Mass Media

- The media is the best institution for information dissemination
thereby giving the public necessary need to know, and do help shape
everyday views about crime and its control.

List of Predictors
The list below is particularly useful in identifying the components of the strategies of
prevention and early intervention. But the list is not a universal one that applies to all countries.
In any particular country or society, methods of preventing or treating antisocial behavior
should be based on empirically validated theories about causes.

Individual factors:
  Pregnancy and delivery complications
 Low resting heart rate
 Internalizing disorders
 Hyperactivity, concentration problems, restlessness and risk taking
 Aggressiveness
 Beliefs and attitudes favourable to deviant or antisocial behavior.

Family factors:
 Parental criminality
 Child maltreatment
 Poor family management practices
 Low levels of parental involvement
 Poor family bonding and family conflict
 Parental attitudes favourable to substance abuse and violence
 Parent-child separation

School factors:
 Academic failure
 Low bonding in school
 Truancy and dropping out of school
 Frequent school transitions

Peer related factors

 Delinquent siblings
 Delinquent peers
 Gang membership

Community and neighbourhood factors

 Poverty
 Community disorganization
 Availability of drugs and firearms
 Neighbourhood adults involved in crime
 Exposure to violence and racial prejudice

LEARNING UNIT 3

STATUS OFFENSES
These are certain acts or omissions which may not be punishable socially or legally if committed
by adults but become anti-social or illegal because the offender is a minor, such as:
a) truancy or frequent unreasonable absenteeism from school;
b) use of profane language;
c) running away from home;
d) smoking and drinking alcoholic beverages;
e) disobedience to parents, guardians or school officials
 f) mendicancy or begging in the streets;
g) association with delinquent gangs; or
h) curfew violations.

Reasons for the Differential Treatment of Juveniles and Adults

1. Minimum Age of Criminal Responsibility (MACR)
 The minimum age of a child that is deemed not to have committed a crime.

2. Doctrine of Doll Incapax

 This is a Latin which refers to the presumption in law that a child is incapable of
forming the criminal intent to commit an offense. It serves as a defense based
on the presumption that a child under 14 years old was incapable of committing
a crime.
 The Philippine Law sets a doll incapax presumption and treats children below
15 and children above 15 but below 18 who acted without discernment in the
same way. A child above 15 but below 18 who acted with discernment is
required to go through diversion if the crime committed is generally punishable
by not more than 12 years of imprisonment.

Stages of Delinquency
a) Emergence (8-12) - begins with petty larceny (minor theft)
b) Exploration (12-14) – shoplifting and vandalism
c) Explosion (13 yrs) – substantial increase in variety and seriousness of his acts
d) Conflagration (15 yrs) – four or more types of crime are added

CLASSIFICATION OF DELINQUENCY
1. Unsocialized aggression - Rejected or abandoned, NO parents to imitate and become aggressive.
2. Socialized delinquency – Membership of fraternities or groups that advocate bad things.
3. Over-inhibited – group secretly trained in doing illegal activities.

OTHER WAYS TO CLASSIFY DELINQUENTS

1. Environmental Delinquent - characterized by occasional law-breaking
2. Emotionally Maladjusted Delinquents - characterized by chronic law-breaking, a habit which this type
cannot avoid or escape from
3. Psychiatric Delinquents - characterized by serious emotional disturbances within the individual and in
some cases associated with tendencies towards mental illness
4. Occasional Delinquents – These delinquents participate in a group. They have common or similar
characteristics. They are “pro-social”. They do what others are doing.
5. Gang Delinquents – they generally commit the most serious infractions, most often sent to a
correctional institution, and most often continuous in a pattern of semi-professional criminal behaviors
as adults.
6. Maladjusted Delinquents – the activity stems from personality disturbance rather than gang activity
or slum residence. They have “weak ego”, “asocial” experienced early and severe parental rejection
Pathway to Delinquency
1. Authority conflict pathway – early age having stubborn behavior. This leads to defiance and then to
authority avoidance.
2. Covert pathway – minor, underhanded behavior leads to damage to property
3. Overt pathway – aggressive acts beginning with aggression and leading to physical fighting and then
to violence.

JUVENILE DELINQUENCY TENDENCIES

1. MALICIOUS -expression of defiance
2. NEGATIVISTIC -changeable attitudes like not being satisfied with status
3. NON-UTILITARIAN -vandalistic attitude like graffiti
4. HEDONISTIC -doing bad things for pleasure

Types of Delinquent Youth

1. SOCIALIZED DELINQUENTS
- as a result of their social association with other people from whom they learned deviant values
-more likely to become property violators than violent offenders.

2. NEUROTIC DELINQUENTS
- as a result of distortion in their personality -become deviant because of some anxiety or
neurotic compulsion.

3. PSYCHOTIC DELINQUENT
- severe personality disorder -distorted view of reality and their delusional thoughts compel
them to commit weird acts that violate the law. -tends to commit most heinous and senseless acts of
violence.

4. SOCIOPATHIC DELINQUENTS
-these youths are characterized by an egocentric personality. They have limited or no
compassion for other.

OTHER TYPES OF DELINQUENT YOUTH

1. SOCIAL - an aggressive youth who resents authority of anyone who makes an effort to control his
behavior
2. ASOCIAL - one whose delinquent acts have a cold, brutal and vicious quality for which the youth feels
no remorse
3. NEUROTIC - one who has internalized his conflicts and is preoccupied with his own feelings
4. ACCIDENTAL - one who is essentially sociable and law abiding but happens to be at the wrong time
and place and becomes involved in delinquent acts not typical of his general behavior.

GENERAL APPROACHES IN THE STUDY OF DELINQUENCY

1. BIOGENIC APPROACH - gives an explanation that law violations and delinquency are a result of some
physical defects 2. PSYCHOGENIC APPROACH - argues that the critical factors in delinquency are
personality problems to which misbehavior is presumed to be the response
3. SOCIOGENIC APPROACH - attributes delinquency pattern to social structures; views youthful misdeed
as a result of a learning process through interactions with other members of society
In general, the approaches in the study of crime are:
1. subjective approach,
2. objective approach and
3. The contemporary approach

SUBJECTIVE APPROACHES
- It deals mainly on the biological explanation of crimes, focused on the forms of abnormalities
that exist in the individual criminal before, during and after the commission of the crime (Tradio, 1999).
Included under this approach are:
1. ANTHROPOLOGICAL APPROACH – the study on the physical characteristics of an individual
offender with non-offenders in the attempt to discover differences covering criminal behavior
2. MEDICAL APPROACH - the application of medical examinations on the individual criminal
explain the mental and physical condition of the individual prior and after the commission of the crime.
(Positivist).
3. BIOLOGICAL APPROACH –the evaluation of genetic influences to criminal behavior. It is noted
that heredity is one force pushing the criminal to crime.
4. PHYSIOLOGICAL APPROACH – the study on the nature of human being concerning his
physical needs in order to satisfy his wants. It explains that the deprivation of the physical body on the
basic needs is an important determiner of the commission if crime.
5. PSYCHOLOGICAL APPROACH – it is concerned about the deprivation of the psychological
needs of man, which constitute the development of deviations of normal behavior resulting to
unpleasant emotions.
6. PSYCHIATRIC APPROACH – the explanation of crime through diagnosis of mental diseases as a
cause of the criminal behavior.
7. PSYCHOANALYTICAL APPROACH – the explanation of crimes based on the Freudian Theory,
which traces behavior as the deviation of the repression of the basic drives.

OBJECTIVE APPROACHES
-The objective approaches deal on the study of groups, social processes and institutions as
influences to behavior. They are primarily derived from social sciences (Tradio, 1999). Under this are:
1. GEOGRAPHIC APPROACH – this approach considers topography, natural resources,
geographical location, and climate lead an individual to commit crime.
2. ECOLOGICAL APPROACH – it is concerned with the biotic grouping of men resulting to
migration, competition, social discrimination, division of labor and social conflict as factors of crime.
3. ECONOMIC APPROACH – it deals with the explanation of crime concerning financial security
of inadequacy and other necessities to support life as factors to criminality.
4. SOCIO – CULTURAL APPROACH – those that focus on institutions, economic, financial,
education, political, and religious influences to crime.

CONTEMPORARY APPROACHES
-Modern days put emphasis on scientific modes of explaining crime and criminal behavior. This
approach is focused on the psychoanalytical, psychiatric and sociological explanations of crime in an
integrated theory – an explanatory perspective that merges concepts drawn from different sources
(Schmalleger, 1997).

3 TYPES OF DELINQUENT GANGS (CLOWARD AND OHLIN)

 1. THE CRIMINAL GANG -close connection of illegitimate and legitimate businesses. -This type of
gang is stable than the ones to follow. Older criminals serve as role models and they teach necessary
criminals skills to the youngster.
2. THE CONFLICT/VIOLENT GANG -non-stable and non-integrated - this gang aims to find
reputation for toughness and destructive violence.

3. THE RETREATIST GANG -equally unsuccessful in legitimate as well as illegitimate means, thus
retreating into the world of sex, drugs and alcohol.