Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) College of Criminal Justice college.criminaljustice@chmsc.edu.ph (63-34) 388 – 8621 MODULE 1: JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM Lesson 1: THE NATURE OF JUVENILE DELINQUENCY Objectives: At the end of the lesson; The student can determine the nature of delinquency, be familiar with the terms used in the study of delinquency, discuss the history of childhood and delinquency and its different theories including the behavior of a juvenile delinquent. II. 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 give rise to criminality. The prevention of juvenile delinquency is an essential part of crime prevention in society. The saying an ounce of prevention is better than a pound of cure would clearly manifest the importance of misbehavior deterrence among our youth. Important Words and their Differences Abandoned child – child is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six (6) continuous months. Neglected child – refers to a one whose basic need have been deliberately unattended or inadequately attended. Dependent child – refers to one who is without a parent, guardian or custodian or whose parent or guardian for good cause desires to be relieved of his custody and care. Legitimate- child is one whose parents legally married to each other. Illegitimate- child means a child whose parents are not legally married or the child is one born out of wedlock. Child Placement Agency or Center – an institution or persons assuming the custody and care of children for placement in any child caring institution or home under the care and custody of any person for purposes of adoption, foster care or guardianship. Detention Home – is a twenty-four 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 or jurisdiction. Rehabilitation Center – is an institution that receives and rehabilitates youthful offender or disturbed children. Shelter Care Institution – a facility which provides protection to children in need of emergency reception brought about by fortuitous events, abandonment, dangerous conditions, and being without adult care. Vicente Madrigal Rehabilitation Center – the first is a rehabilitation center for delinquent boys. Acacia group home – is a temporary home for minor male detainees of Quezon City, awaiting disposition of their cases pending in courts. Youth Residence – are halfway homes in the community serving as transition placement where youngster receive assistance to adjust to the community in a setting close as possible to that of a family home. Prepared by: KIRSTY MAE I. MAGNO, Ph.D. CJ (63-34)712-0420 chmsc.edu.ph @chmscofficialpage Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) College of Criminal Justice college.criminaljustice@chmsc.edu.ph (63-34) 388 – 8621 Youth Detention home – a 24-hour child caring institution managed by accredited LGU’s and licensed and /or accredited non-government organizations (NGO’s) providing short-term residential care for CICL who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. Youth Rehabilitation Centers – a 24-hour residential care facility managed by the DSWD, LGU’s and licensed and /or accredited non-government organizations (NGO’s) monitored by the DSWD, which provides care, treatment and rehabilitation services for CICL. Involuntary commitment – is effected by the court through the petition of the DSWD with the court; which after the process the court may order the termination of parental or guardianship rights by reason of abandonment, substantial and continuous or repeated neglect and/or parental incompetence to discharge parental responsibility. Voluntary commitment – on the other hand undergoes some process of action through relinquish of guardianship rights. III. Lesson/ Unit/ Study Guide/ Notes History Since olden times enlightened legal systems have distinguished between juvenile delinquents and adult criminals. The young members of society by and large were no considered morally responsible for their behavior. Under the Code Napoléon in France, for example, limited responsibility was ascribed to children under the age of 16. Notwithstanding the perceptible humanity of some early statutes, however, punishment of juvenile offenders until the 19th century was often severe. In the U.S., child offenders were treated as adult criminals. Sentences for all offenders could be inconsiderate and the death penalty was occasionally imposed. The beginning of Childhood At the end of the 18th century, "The Enlightenment" appeared as a new cultural transition. This period of history is sometimes known as the beginning of humanism and reason. People began to see children as flowers, which needed fostering in order to bloom. It was the invention of childhood, love and nurturing instead of beatings to stay in line. The youth had finally begun to emerge as a distinct group. It started with the upper-class, who was permitted to attend colleges and universities. Innovations Throughout all time there has been delinquency. It may not have had the delinquency label, but it still existed. In ancient Britain, children at the age of seven were tried, convicted, and punished as adults. There was no special treatment for them, a hanging was a hanging. This dates back with the classical period. Juvenile crime is mentioned as far back as ancient Sumeria and Hammurabi, where laws concerning juvenile offenders first appear in written form. The first institution dedicated for the treatment and confinement of juveniles, the House of Refuge, was founded in New York City in 1824 so that institutionalized delinquents could be kept apart from adult criminals. By the mid-19th century other state institutions for juvenile delinquents were established, and their populations soon included not only young criminals but also first time and less serious offenders and dependent children. The movement spread quickly throughout the U.S. and abroad. These early institutions were often very harsh and punitive. Industrialization Industrialization set into motion the practices needed for modern juvenile delinquency. The country had gone from agricultural to machine-based labor-intensive production. Subsistence farming quickly turn into profit making. People who were displaced from their farm work because of machinery were migrating to the city to find work. Prepared by: KIRSTY MAE I. MAGNO, Ph.D. CJ (63-34)712-0420 chmsc.edu.ph @chmscofficialpage Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) College of Criminal Justice college.criminaljustice@chmsc.edu.ph (63-34) 388 – 8621 Urbanization There was a massive increase in the amount of movable goods that were produced. These transient goods were easy to steal. The stealing of these goods made property crime rise immensely in these urban centers. The wealth of the upper class increased, and stealing became a way of living. These large urban centers also produced another problem. The work place was now estranged from the home. During the tough times both parents took employment. There was also very little for the youths to do, especially when school was not in session It was then that youths were becoming increasingly. Salvage Attempts Poorhouses were created to keep youthful offenders away from trouble. The idea behind them is to take the children of the "dangerous" classes of their "dangerous environment." Kids were thought to be salvageable needed to be saved. The majority of these children were rounded up the crime of being poor, not because they committed crimes. These houses, sometimes referred as schools, were very harsh. This was contradictory to the ideas that they needed nurturing and love. In New York, houses of refuge were created to do the same. The houses eventually became overfilled, and children were sent out West as indentured servants. As many as 50,000 children were shipped out. Some of them never were allowed to have contact with their parents again. CATEGORIES OF DELINQUENT YOUTH Accidental — Less identifiable in personality and temperament, essentially a law-abiding citizen but happens to be at the wrong place at the wrong time. This may be credited to peer pressure or pure curiosity on the part of the young person. Asocial — Children whose acts are manifested by vile, cruel and atrocious acts and conduct for which they feel no remorse. Timely intervention is necessary so as to prevent them from becoming ruthless criminals capable of acts of violence and heinous crimes. Neurotic - The anti-social behavior or the youth is a direct result of internal conflict and preoccupation with his own emotion and mood. Therapy and counseling are necessary to control this type of delinquency, failure to do so will be risky since this anti-social behavior makes the child prone to commit serial crimes upon adulthood. Social - Refers to an aggressive teen who resents authority whether be it parental, school regulations or ordinances and laws passed by the proper legislative authorities. The most common reason for such dislike is focused to anyone who tries to control their conduct. METHODOLOGY TOWARDS DELINQUENCY a. Biogenic Approach — This view gives an explanation that law violations and delinquency is a result of some physical defects. It advocates that youth misconduct is a direct result of faulty biology. Hence the support from family members, friends and acceptance of the community may solve the problem on delinquency. b. Psychogenic Approach — This argues that the critical factors in delinquency are personality problems, to which the misbehavior is presumed to be the response. This advocate, the use of counseling to curtail juvenile misbehavior. c. Sociogenic Approach — Ascribes the distinction and variation and delinquency pattern to social structures. The youth misdeed may be attributed to their learning process cultured in on youth gangs, stigmatizing contacts with governmental and social control agencies and other similar variables. Prepared by: KIRSTY MAE I. MAGNO, Ph.D. CJ (63-34)712-0420 chmsc.edu.ph @chmscofficialpage Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) College of Criminal Justice college.criminaljustice@chmsc.edu.ph (63-34) 388 – 8621 TYPES OF YOUTH BEHAVIOR DISORDERS: Anti-social behavior — it may be best characterized by disobedience and disrespect for authority. Truancy — Students failing to attend 'their classes for 20 days without any reasonable cause. This may be attributed to the school's proximity to place of vices. unattractive school life. failing grades, strict and unreasonable mentors, family and domestic problems; fear of school bullies and fear of punishment. Vagrancy- Refers to children who are unable to cope with their family life and chooses to leave the family home. This is a direct result of Feeble-mindedness, disagreeable home conditions, broken homes and misdirected fancy for adventures. Emotional disorders - Such misbehaviors are related to fear reactions, temper tantrums and jealousy reactions. Lying - The penchant for not telling the truth clearly manifest that the following are lacking: love. security, attention, respect, acceptance, praise and happiness. Stealing — This criminal act comes from loose morals in the home, lack of economic security wherein the parents are unable to provide for the needs of their children, undisciplined desire for possession and pleasure seeking and parental indifference. CAUSES OF BEHAVIORAL DISORDERS Predisposing factors - Internal propensities which may be considered as a criminal act unless the attempt was made. Precipitating factors - Refers to conditions and elements which provokes crimes or factors such as personal problems, curiosity, ignorance, necessities and diseases. SOCIALIZATION PROCESSES Emphasis should be placed on preventive policies facilitating the successful socialization and integration of all children and young persons, in particular through the family, the community, peer groups, schools, vocational training and the world of work, as well as through voluntary organizations. Due respect should be given to the proper personal development of children and young persons, and they should be accepted as full and equal partners in socialization and integration processes. GENERAL PREVENTION -Comprehensive prevention plans should institute at every level of Government and include the following: ln-depth analysis of the problem and inventors of programs. services, facilities and resources available. Well-defined responsibilities for the qualified institutions and personnel concerned in preventive efforts; Machinery for the suitable co-ordination of prevention efforts between governmental and nongovernmental agencies; Policies, programs and strategies based on analytical studies to be continuously monitored and carefully appraised in the course of implementation. Methods for effectively reducing the opportunity to commit delinquent acts; Community participation through wide range of services and programs; Close interdisciplinary co-operation between national, state. provincial and governments, with the involvement of the private sector representative citizens of the community to be served. and Prepared by: KIRSTY MAE I. MAGNO, Ph.D. CJ (63-34)712-0420 chmsc.edu.ph @chmscofficialpage Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) College of Criminal Justice college.criminaljustice@chmsc.edu.ph (63-34) 388 – 8621 labor. child-care, health education, social. law enforcement and judicial agencies in taking concerted action to prevent juvenile delinquency and youth crime; Youth participation in delinquency prevention policies and processes, including recourse to community resources. youth self-help, and victim compensation and assistance programs; Specialized personnel at all levels. Crime Theories Applicable to Juvenile Delinquency 1. Rational Choice - causes of crime lie within the individual offender rather than in their external environment. 2. Social Disorganization - absence or breakdown of communal institutions and communal relationships that traditionally encouraged cooperative relationships among people. 3. Strain Theory - crime is caused by the difficulty of those in poverty in achieving socially valued goals by legitimate means. 4. Differential Association - young people are motivated to commit crimes by delinquent peers and learn criminal skills from them. 5. Labelling Theory - once a person is labelled criminal, they are more likely to offend. Once labelled as deviant, a person may accept that role and more likely to associate with others who have been similarly labelled. 6. Social Control Theory - proposes that exploiting the process of socialization and social learning builds self-control and can reduce the inclination to indulge in behavior recognized as anti-social. Crimes Commonly Committed by Juvenile Delinquents Status offenses - is an action that is prohibited only to a certain class of people and most often applied to offenses only committed by minors. example, underage smoking. Property crimes - is a category of crime that includes theft, robbery, motor vehicle theft, arson, shop lifting and vandalism. Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable. The term includes criminal damage such as graffiti and defacement directed towards a property without the permission of the owner. Graffiti - is writing or drawings scribbled, scratched or sprayed illicitly on a wall or other surface in a public place. Defacement - refers to marking or removing the part of an object designed to hold the viewers’ attention. Prepared by: KIRSTY MAE I. MAGNO, Ph.D. CJ (63-34)712-0420 chmsc.edu.ph @chmscofficialpage