Juvenile Delinquency Navya Dinakar Kannan AUD 8387 B.Sc Forensic Science batch 2018-2021, Semester 1 What is juvenile delinquency? Juvenile delinquency is an ambiguous concept mingled with many different criteria, especially those concerning age, sex, race, and nature of offense. In the broadest sense, juvenile delinquency means behaviour by nonadults that violates the formal norms. In a narrower sense, juvenile delinquency is any behaviour by those persons designated as nonadults that would make them subject to the juvenile court. Thus, officially, a person is not considered a juvenile delinquent unless he or she has been adjudicated as such. The Children's Bureau of the U.S. Department of Health, Education, and Welfare (DHEW) defines delinquency in the following way: Juvenile delinquency cases are those referred to courts for acts defined in the statutes of the State as the violation of a state law or municipal ordinance by children or youths of juvenile court age, or for conduct so seriously anti-social as to interfere with the rights of others or to menace the welfare of the delinquent himself or of the community. This broad definition of delinquency includes conduct which violates the law only when committed by children, e.g., truancy, ungovernable behaviour, and running away (DREW, 1972). This official definition by DHEW is the one principally used in all Federal Government dealings. It is general enough to cover most of the definitions used for research as well as for delinquency projects, and specific enough to be close to most of the legal definitions used in the many jurisdictions of the United States. In addition to crimes, juvenile delinquency often covers such acts as running away from home, truancy, and incorrigibility. For this type of offender, the New York Statutes provide a separate category known as PINS (person in need of supervision). Other states use similar categories: CHINS (children in need of supervision); JINS (juveniles in need of supervision); and MINS (minors in need of supervision).11 Children in these categories come under the jurisdiction of the juvenile court even though the offenses they have committed would not be classified as crimes if they were committed by persons over the age of 18. These offenses are often called status offenses since they are considered illegal only when committed by persons who are under the age of 18. The age and the actions of the child, then, will determine whether he or she is delinquent or in need of supervision. Because legal definitions of delinquency are broad and often vague, the state has been given considerable leeway in deciding how and when to intervene in a youngster's life. These statutory guidelines, which were originally intended to facilitate the ability of the court to offer help to children in need, have also allowed the court to exercise virtually unlimited power over the lives of individual juveniles. The broad definitions of delinquency found in the state statutes are especially problematic for status offenders since these youngsters are often processed in the same manner as more serious offenders. Page 1 Causes of juvenile delinquency Juvenile delinquency takes place in different ways and it may vary in degree, frequency and seriousness and involves different forms like theft, pick pocketing, drug addiction, sex offences, predatory acts, etc. Delinquency, like othe social problems, has complex roots. No single cause has been attributed for the cause of Juvenile Delinquency. There are innumerable causes basically, and they are of 3 types: biological, socio-environmental and physiological and personal. Biological Causes: This includes various issues such as ocular ailments, nose and throat problems, hearing problems, speech problems, enuresis, irritation, headache, excessive strength and hypoglycemia. Such issues cause irritation or feeling of inferiority in the juveniles causing them to act out and commit an offence. Socio-environmental Causes: 1. Mobility: It is the major factor that is liable for crime causation in the society. Nowadays, communication and travel facilities have become easy due to industrialization which have led to the migration of persons to new places. Chances of detection to these new places are low and offers them opportunity from crime. 2. Cultural conflicts: The urbanization and industrialization have resulted in drifting of people from one place to another which has led to cultural conflicts between inhabitants and immigrants. Such cultural conflicts occurring between different sections of a society have resulted in deviant behaviour thus increasing the crime rate of that particular place. 3. Family background: This factor also encourages the Juvenile to commit for offence in the society. Sutherland said that “the family background has greatest influence on the criminal behaviour of offender or Juvenile. The Children divert themselves toward criminal tendencies, if they find their parents or members of the family behaving in the similar manner. A child who is grown up in a hostile aggressive parenting atmosphere becomes an easy prey to criminality”. Page 2 There is lack of parental support and control over their children due to separation, divorce or desertion which may indulge them in criminal acts. Some factors of family background that cause Delinquency are: a. Family Structure: The structures of the family are responsible for figuring out the personality/character development of the child. Delinquents mostly belong to poor and inadequate homes. b. Broken homes: broken home means a home where there is instability present in homes due to any one of the missing family members like either the parents are dead or living separately or are divorced. If parents are drunkards or drug addicts or often fight with each other, it disturbs the mind of their children. In such conditions, the child feels insecure and, in that way, finds his/her path to criminality. c. Child’s birth order in the family: it is found that sibling position could be an attributing factor for difference among the delinquent. According to a study, middle children are likely to get less attention and care compared to older and younger children resulting in attention deficit disorder. Such children are more likely to get prone in criminal activities and their number is also considerably large in group of delinquents. d. Family size and type: it is also recognized as a factor in reason of delinquent behaviour. Delinquents mostly belong to joint and bigger families as compared to the smaller and nuclear families as less attention is likely to be paid to the children in bigger families. e. Parent-Children relationship: the most significant factor in the behavioural development of a child is the relationship with their parents. The infrequent delinquents showed greater bonding with their family than the habitual, or the professionals. 4. Socio-economic condition: This condition is also a factor which leads the child to commit the offence. Present day industrial progress, economic growth and urbanization have paralyzed our domestic life. The loose control over the wards have slackened, leaving them free to behave as they like. Poverty also contributes a major factor in commission of crime. 5. Neighbourhood: The influence of neighbourhood is also having much to do with the types of crimes occurring in that particular area. Therefore, densely populated villages, towns and cities offer regular opportunities for crimes relating to theft, fraud, dacoity, burglary, kidnapping, cheating etc. The cases of theft and pick pocketing are common at public places like bus and railway stations. Another considerable characteristic of delinquency is certain anti-social activities in the neighbourhood. It includes gambling houses, brothels and similar other bad characters institutions. Page 3 6. Alcohol and Intoxication: it has become a fashion in the youth to consume alcohol. The use of alcohol in any manner causes heavy damage to the mind and body of the person or child, who consumed liquor. A child cannot identify the consequences of his acts of consuming alcohol. Those who take alcohol generally lose self-control. Generally, it is a reason for fighting between husband-wife and children and led to assault on them. It creates hostile atmosphere at home and the children think it better to go away from house. This may also reason for frustration in children which led them for commission of crime. 7. Peer group: The behaviour of an individual largely depends on his peers. Some of the individuals (mostly in teen ages) form gangs in which several individuals associate together in group activity which often emerges into criminal tendency. 8. Nature of Society: The living condition of a society whether democratic, socialist or dictatorship, also determines the prevalence of delinquent behaviour of the children in that society. 9. Socio-cultural conditions: The socio-cultural condition is also a contributing factor for juvenile delinquency. When a child living in a society meets different types of persons, some of whom were engaged in criminal activities. The anti-social elements in the society tend to change the normal children into delinquents for their multiple benefits, like to get their illegal work done and to earn profit by attracting them initially in petty crimes like theft, extortion, cheating, pick-pocketing etc. 10. Cinema: Movies and social-sites are also considered as cause of crime or delinquency because children are easily attracted by the movies. What they watch on the movies and TV screen they try to do in their real life. Now day movies are based on sexual crime and criminal actions scenes like dacoity, bank robbery, theft, hurt, rape etc. 11. Role of Press: Press plays a vital role in creation of good and bad impressions on the mind of children. Children are generally paying attention to those headlines of newspaper and clipping of news channel which contain news of gambling/lottery, loot, robbery, rape, how to earn easy money etc. Children also learn how they can commit the offence and earn easy money and become rich. 12. Cheap Literature: There is a common belief that the bad and cheap literature has a side effect on the minds of young people. Description of any crime in such readings directly gives them suggestions and technical procedures to be used for criminal activities. 13. Physical Standards: Lombroso stresses on the organic causes of crime and suggested several criminal types, such as criminals by passion and occasional criminals. Kretschme identified “body-mind” types: the cylothyme and schizothyme. He believed that the cylothymes were less serious delinquents and criminals than the schizothymes. Sheldon (1949) also linked the body-types to delinquency. He discovered three basic body types: i. Mesomorphs ii. Endomorphs iii. Ectomorphs Page 4 14. Mental makeup: Mental makeup of the child also conditions his behaviour to a large extent. Lots of researches reveal that “a large proportion of delinquents are pathetic minded and deficient in intellect”. 15. Heredity: The factor of heredity is emphasized a lot when studying the cause of delinquent behaviour. According to Goring, “pathetic mindedness is the result of hereditary transmission”. Physiological and personal causes: Criminal’s psychological behavior plays a significant role in the determination of delinquency. It is the psychology of a criminal which controls it mind, and the mind designed the criminal act which a delinquent intends or wants to do. There are some significant factors in act of anti-social behaviour: a. b. c. d. e. f. g. h. i. j. k. l. m. n. School factors Drug addiction Overcrowding Bad company Adolescent insecurity Mental conflicts Excessive social suggestibility Love adventure School dissatisfaction Poor recreation facilities Poor living conditions Vocational dissatisfaction Impulse Physical condition. Page 5 Preventing Juvenile Delinquency Violence against children endangers their fundamental human rights. It is therefore imperative to convince individuals and institutions to commit the time, money, expertise and other resources needed to address this global problem. It is widely believed that early-phase intervention represents the best approach to preventing juvenile delinquency. Prevention requires individual, group and organizational efforts aimed at keeping adolescents from breaking the law. Various countries use different methods to discourage delinquent and criminal behaviour Early preventive work is being carried out in several area. • • • • • • Within the economic sector, professional development programmes are being set up to provide legal alternatives for income generation. Educational programmes are helping young people learn how to engage in positive self-appraisal, deal with conflict, and control aggression. The programmes debunk the myth of gang glamour and help young people find alternatives to illegal behaviour. A wide range of recreational facilities and services of particular interest to young persons should be established and made easily accessible to them. Often it is possible to reduce the level of juvenile delinquency by changing an urban environment, altering the physical features through architectural and landscape planning and providing opportunities to engage young people’s interest. Recently, greater attention has been given to the role and responsibility of local communities in dealing with juvenile delinquency. There are programmes designed to train groups and individual representatives of local communities in which juvenile delinquency has increased to informally control youth and include young people in constructive activities. Families and communities play the greatest role in helping these delinquents. Page 6 References: https://www.un.org/esa/socdev/unyin/documents/ch07.pdf http://shodhganga.inflibnet.ac.in/bitstream/10603/145628/7/07_chapter3.pdf https://www.researchgate.net/publication/324363502_Introduction_to_juvenile_delinquency https://link.springer.com/chapter/10.1007%2F978-3-642-86017-1_5 Page 7