MODULE 1

BASIC CONCEPT ANS ITS DEFINITION, NATURE OF DELINQUENCY

UNIT I: Basic Concepts and Definition

Juvenile

Is a person who has not reached adulthood or the age of majority (18). From this point, it can be
assumed that the term covers a child, an adolescent, a minor, a youth, or a youngster below 18
years old.

Juveniles are generally regarded as immature or ones whose mental and emotional faculties
are not fully developed, thus making them incapable of taking full responsibility of their actions.
Because of their age standing, they are held to a standard of behaviour that is different from
those adults. Juveniles are required to attend school between the ages of 6 and 18; they are
expected to obey their parents; they are forbidden to purchase alcohol or cigarettes or drive
motor vehicles; they may not marry without parental permission; they cannot enter into business
or financial contracts; they are not permitted to vote, enter the military, or run away from home.
Some jurisdictions place other restrictions on juveniles, such as curfew, or laws against
“incorrigible” or “immoral” behaviour. On the contrary, adults have the right to vote, to marry, to
hold government office, and to enter into contracts.

In legal terms, a juvenile is a person subject to juveniles court proceedings because a

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

The Delinquent Person

From the viewpoint of a social worker, a delinquent is a person, of whatever age, whose
attitude toward other individuals, toward the community, toward lawful authority is such that it
may lead him into breaking the law.

A delinquent person is also defined as one who repeatedly commits an act that is against the
norms or mores observed by the society. When a person habitually commits an act which is not
in accordance to the rules or policies of the organization or community where he belongs, he is
considered a delinquent.

Juvenile delinquents maybe grouped in three ways:

a. Children below aging 7 years old

b. Children aging from 7 to12 years old – juveniles have doll incapax (not capable of having
criminal intent)
c. Youths aging above 12 but below 18 years old.

Juvenile delinquency

Means different things to different individuals and groups. Commonly, the term is used to
describe a large number of disapproved behaviours of children and youth. In another way,
anything the youth does that others do not approve or like can be called juvenile delinquency.
An example in case could be that of a child who refuses to do household chores, or fights with
siblings, goes with bad friends, talks back or answers back, or listens to the wrong music.
Parents, siblings, or relatives may call such behaviours delinquent even though no law was
violated.
Juvenile delinquency also refers to an anti-social act or behaviour of minors which deviates
from the normal pattern of rules and regulations, custom, and culture which society does not
accept and which, therefore, justifies some kind of admonishment, punishment, or corrective
measures in the public interest.

Legally, juvenile delinquency is defines as:

Criminal law violations that would be considered crimes if committed by an adult;

An act committed by a minor that violates the penal code of the government with authority over
the place in which the act occurred;
The committing of those things considered crimes by the country;
Any, act behaviour or conduct which might be brought to court and judged whether such is a
violation of a law.
Juvenile delinquency can cover anything from small crime – a student who cuts school
repeatedly is delinquent – to very serious crimes like felony theft and murder. However,
delinquency is distinct from crime in the sense that the former maybe in the form of violation of a
law, ordinance, or rule but it is punishable only by a small fine or a short-term imprisonment or
both.

Juvenile Crime

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

Legally peaking, a crime is an illegal act committed by a person with a criminal intent. Before
the establishment of juvenile courts, children under the age of seven were never held
responsible for criminal acts. The law considered them incapable of forming the necessary
criminal intent. Children between the ages of 7 and 14 were generally thought to be incapable of
committing a criminal act, but this belief could be disproved by showing that the youth knew that
act was a crime or would cause harm to another and committed it anyway. Children over the
age of 14 could be charged with a crime and handled in the same manner as an adult.

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

Unlawful acts committed by juveniles can be divided into five major categories:

a. Unlawful act against person

b. Unlawful act against property
c. Drug and alcohol offenses
d. Offenses against public order
e. Status offenses
The first four categories are comparable in definition to crimes committed by adults. Status
offenses, on the other hand, are acts that only juveniles can commit and that can be adjudicated
only by a juvenile court. Typical status offenses range from misbehaviour/misdemeanour, such
violations of curfew, underage drinking, running away from home, and truancy, to offenses that
are interpreted very subjectively, such as unruliness and ungovernability (beyond the control of
parents and guardians).
UNIT II: NATURE OF DELINQUENCY

In the study of juvenile delinquency, there are existing questions that have to be
ascertained as regards to the following: whether the behaviour is a manifestation of an
emotional problem, or the result of negative social factors, such as a broken family, poverty,
environment and other socio-economic factors that become the basis of a delinquent
personality. Socio-cultural factors influence personality formation. However, a better
understanding of the general field of delinquency can be learned by examining the emotional
disorders that produce delinquent personality system.

There are four aspects of the relationship between emotional disorder and delinquency:

1. That delinquent behaviour is a symptom of some underlying emotional disorder. Fact is,
many delinquent acts are committed by youths who are emotionally disturbed and that
some usually normal looking people commit criminal acts when under great emotional
stress. Some delinquent behaviour is a symptomatic acting out of a deeper and bigger
problem;
2. Symptomatic behaviour of emotional disturbance is likely to receive more attention when
shown by a person charged with or convicted of an act of delinquency. A certain amount of
delinquent behaviour is a result of underlying emotional problems;
3. However, because there is a greater focus on the emotional background of the delinquent
youth, than on the average person, more emotional problems may be given to delinquent
than to law abiding youths. The deviant behaviour may come from the emotional disorder,
but in some cases, there may not be any causal connection between the two. In other
words, a delinquent may be emotionally disturbed, but the emotional disorder may not be
related to the delinquent behaviour;
4. Delinquent behaviour may cause emotional disorders. Delinquent youths may develop an
induced emotional disturbance as a result of detention, long-term incarceration, or a variety
of abnormal social forces involved in the administration of justice. An example would be
normal delinquent youths who are committed to psychiatric wards of hospital due to drug
abuse, where the emotional stress produces personality problems not related to the use for
prohibited drugs.

Moreover, juvenile delinquency is characterized by the following;

a. Incidence of delinquency accelerates at age 13 and peaks at age 17.

b. The prevalence (how widespread youth crime is in the society) of different kinds of
offending at each stage and the percentage of persons initiating and terminating;
termination at about 18 or 19.
c. The gap between male and female involvement in status and non- victimizing offenses
of serous types.
d. A larger proportion of boys than girls having broken the law and that boy break it
frequently.
e. Sex ratio showing male involvements as value of goods stolen increases.

STAGES OF DELINQUENCY

a. Emergence – the child begins with petty larceny between 8 and sometime during the
12th year.
b. Exploration – he or she then may move on to shoplifting and vandalism between ages
12 to 14.
c. Explosion – at age 13, there is a substantial increase in variety and seriousness.
d. Conflagration – at around 15, 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 in fraternities or group that advocate bad things.
3. Over – Inhibited – group secretly trained to do illegal activities like marijuana cultivation.

PATHWAY TO DELINQUENCY

1. Authority – conflict pathway – begins at early age with stubborn behaviour. This leads
to defiance and then to authority avoidance.
2. Covert pathway – begins with minor, underhanded behaviour that leads to property
damage. This behaviour eventually escalates to more serious forms of criminality.
3. Overt pathway – escalates to 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

Delinquent youth may be grouped according to manner in which their personality types define
and affect their delinquent behaviour. They are:

1. Socialized Delinquents - they become delinquents as a result of their social association

with people from whom they are more likely to become property violators than violent
offenders.
2. Neurotic Delinquents – these youths become delinquents as a result of distortions in
their personality and their ideas and perception of the world around them. They may
commit delinquent acts because of their insecurities about their masculinity. They may
become deviant because of some anxiety or neurotic compulsion. For example, youth
become kleptomaniacs, shoplifters and pyromaniacs have neurotic compulsions that
usually result in delinquent behaviour.
3. Psychotic Delinquents – there are youths with severe personality disorders have a
significantly distorted perception of the society and people around them. Unlike
socialized offenders, they do not usually plan their crimes. Their distorted view of reality
and their delusional thoughts may compel them to commit weird acts that violate the law.
Psychotic offenders are likely to commit acts of violence, including murder,. This
category includes those youths who 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. Because of this character
defect, they can easily victimize others with little or no anxiety or guilt. A sociopathic
element is present in many delinquents, but not all delinquents are sociopaths. Many
violent gangsters are sociopathic.

Other ways to classify delinquents are as follows:

1. Environmental delinquents – they are the occasional law breakers.

2. Emotionally maladjusted delinquents – these delinquents are the 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
serious emotional disturbances in the family.

A.
1. Occasional delinquents – these delinquents participate in a group. They have common
or similar characteristics. They are “pro-social”. They do what others are doing.
 2. Gang delinquents – they generally commit the most serious infractions, most often sent
o a correctional institution, and most often continuous in a pattern of semi-professional
criminal behaviour as adults.
3. Maladjusted delinquents – the activity stems from personality disturbance rather than
gang activity or slum residence. They have “weak ego”, “the asocial,” experienced early
and severe parental rejection. They are disorderly, confused and not dependable with
pathological disturbances.

MODULE II
HISTORY OF CHILDHOOOD DELINQUENCY, THEORIES OF DELINQUENCY

UNIT I: THE HISTORY OF CHILDHOOD DELINQUENCY

 “The history of childhood is a nightmare from which we have only recently begun to awake.
The further back in history one goes, the lower the level of child care, and the more likely
children are to be killed, abandoned, beaten, terrorized, and sexually abused.” (DeMause, 1974)

Early conceptualization of childhood

Childhood dates only to somewhere between the 14th and 17th centuries. Prior to this time,
“small people” were either accorded no social presence at all, or were regarded as miniature
adults.

Children as “Non-Human”

Practices which reflected children as non-human include:

 Infanticide – especially illegitimate, deformed, poor, later born, and girls.

 Abandonment – often left on the streets, on door stops and in orphanages; another
common form was wet nursing.
 Swaddling – involved depriving the child of use of limbs by wrapping them in endless
bandage; child could be left unattended.

Maltreatment of children was discussed in the Code of Hammurabi, the oldest known code
for thousand years ago dating from 2270 B.C. runaways, children who disowned their parents,
and some who cursed their fathers were severely being punished.

Children as “Miniature Adults”

Practices which reflected children as miniature adults include:

 Adult punishment for misdeeds – punishments for children were severe, even death
penalty for minor offenses.
 Slavery and Apprenticeship – children were commonly sold into slavery, prostitution
and apprenticeship, sometimes as security on debts, or as political hostages.
 Morality, Sex and Prostitution – children were exposed to adult sexuality from an early
age, and even used as prostitutes.
The treatment of children in the past would be regarded as criminal today. These treatments
were normal by the standards of that today.

The Invention of Delinquency

The following laws paved the way to the invention of delinquency:

 Roman Law and Canon (Church) Law – approximately two thousand years ago,
Roman Law and Canon Law made distinction between juveniles and adults based on
the notion “age of responsibility”.
 Ancient Jewish Law – the Talmud (body of Jewish civil and religious laws) specified
condition under which immaturity was to be considered in imposing punishment. There
was no corporal punishment prior to puberty, which was considered to be the age of
twelve for females, which thirteen for males. No capital punishment was to be imposed
on those offenders less than twenty years of age. Similar leniency was found among
Muslims, children under the age of seventeen were typically exempt from the death
penalty.

 Codification Of Roman Law – in 5th century B.C., this law resulted in the “twelve tables”
which made it clear that children were criminally responsible for violation of law and were
to be dealt with by the same criminal justice system as adults. Punishments for some
offenses, however, were less severe for young people than for adults. Thus, theft of
crops by night was a capital offense for adults, but offenders under the age of puberty
 were to be flogged. Adults caught in the act of theft were subject to flogging and
enslavement, but youths received corporal punishment at the discretion of a magistrate
and were required to make restitution.
 Anglo Saxon Common Law (law based on custom or usage) – this law was
influenced by Roman and Canon Law, which emerged in England during the eleventh
and twelfth centuries.
The distinction made between adult and juvenile offenders in England at this time is most
significant. Under common law:
 Children under 7 were automatically presumed innocent because of their age.
 Children over 14 were automatically judged as an adult.
 Children between 7 and 14 were presumed innocent because of their age, but could be
found guilty under certain circumstances.

The Child Offender in the Eighteenth Century

By this time, the concept of childhood was fully developed. Life in the 18th century was
dominated by their major social institution: family, church and community. Crime and deviance
were generally equated with sin and immorality. Consequently, there was little attempt to
rehabilitate the offender. Rather, criminals were punished as an example to the rest of the
community.

There was no special category called a “juvenile delinquent” at this time. The legal system
relied on common law tradition.

The Creation of the Institution

As a result of increasing recognition of the problem of delinquency, several institutions for

juveniles were established in the east between 1824 and 1828. These institutions were oriented
toward education and treatment rather than punishment, though whippings, long periods of
silence and loss of rewards were used to punish the uncooperative.

These two types of juvenile institutions were established, the houses of refuge, which
housed juvenile offenders and the orphan asylums, which housed abandoned and orphaned
children. The purpose of separate institutions for juveniles was to separate them from hardened
adult criminals.

Creation of Juvenile Court

Through a series of court decisions, the concept of parent’s patriae (responsibility of the
court and the state to act on behalf of the child and provide care and protection equivalent to
that of a parent) became broadened and the state became increasingly involved in determining
the fitness of families.

The first separate juvenile was established tin Chicago in 1899.

Nineteenth Century Changes

Changes were sweeping American and western societies by 19th century. Enlightenment
ideas of wrongdoing had by now become firmly established. This resulted in a shift in
understanding of the source of deviance and crime. Crime is now understood to be caused by
external forces operating on the individual.

In 1818, New York committee on Pauperism gave the term “juvenile delinquency”, its first
public recognition by referring it as a major cause of pauperism.

Albert K. Cohen was the first man who attempted to find out the process of beginning of the
delinquent subculture.

The period 1899 to 1967 was considered the era of socialized juvenile justice.
UNIT II: THEORIES OF DELINQUENCY

Various theories have been propounded to understand the deviant behaviour of juveniles.
They are classified as follows.

A. Early general theories on the causes of delinquency:

1. Demonological Theory – this was developed during the middle ages. Hence, it is the
oldest perspective of theory. It was based on the belief of primitive people that every
object and person is guided by a spirit. This theory promoted the notion that persons
should not be held responsible for their actions when they do evil things because their
body is possessed by evil spirits.
2. Classical Theory – postulated by Cesare Beccaria and Jeremy Bentham. Classical
theory was consistent with the utilitarian view that people weigh the benefits and costs of
future action before they decide to act. This was based on the assumption that people
are rational, have freewill, and therefore able to choose.
It promoted the idea that people choose criminality the same way when they choose
criminality the same way when they choose conformity that youths commit crime because they
think or imagine that greater good things can be earned through conformity. This is because
people by nature are hedonistic. Hedonism is a doctrine that pleasure is the highest good in
life and that moral duty is fulfilled trough the pursuit of pleasure.
Classicists have four good reasons why delinquent persons and offenders should be
punished:

a. General Deterrence – punishment of delinquents and criminal offenders will strike

fear in the hearts of other people, thus making them less likely to commit acts of
delinquency or crimes.
b. Specific Deterrence – punishment will strike fear in the hearts of wrongdoers, thus
making them less likely to offend others again.
c. Incapacitation - the simplest form of jurisdiction, wrongdoers should be locked up in
jail since while they are imprisoned in an institution, they cannot commit offenses
against other people in the outside world.
d. Retribution – this reason objects the idea toast anything good for useful will follow
or result from punishing offenders;

1. Criminals or delinquents should be punished because they deserve it; a punishment is

morally right and just in light pf the harm and damage caused by the offense.
2. Punishing criminals has no positive purpose or no positive effect on the minds and
hearts of the people.

3. Positive or Italian Theory - this theory was developed by Cesare Lombroso, Enrico
Ferri and Raffaele Garofalo. Positive theory promoted the idea of determinism as a way
of explaining crime and delinquency. Determinism means that every act has a cause that
is waiting to be discovered in the natural world.
Positivists believed that the causes of juvenile delinquency could be identified through the
application of the scientific method. Once causes were discovered, the individual offender could
be treated (or rehabilitated) much as the medical doctors treat the causes of harmful illness.

4. Critical theory – this theory is much more significant in criminological analysis on the
causes of juvenile delinquency. Critical criminologists and sociologists view juvenile
delinquency as a by-product of existing social arrangements. The concepts of power,
influence, inequality and conflict guide this theory in exploring and clarifying the nature of
juvenile delinquency. This theory blames delinquency on the imbalance of power within
the human society.

B. Biological Theories
 Early biological theories calm that criminal behaviour is a result of biological or genetic
defect in the individual. Contemporary biological theories focus more on variations in genetic
and other biological factors in interaction with the environment, and are less likely to refer to
biological defects or abnormalities.

1. Lombrosian Theory – this was developed by Dr. Cesare Lombroso, a prison doctor in
Turin Italy and known as the father of criminology. His job was to examine hundreds of
criminals. This theory holds the following assumptions:
 Criminals have many stigmata (distinctive physical features) such as symmetrical faces,
enormous jaws, large or protruding ears, and receding chins.
 Criminals are atavistic beings who look differently and thick differently. Having the
mentality of primitive people, they are incapable of living in modern society.
Criminals are classified as epileptic, insane and inborn.

2. General Inferiority Theory/Hooton’s Theory – this was proposed by Earnest Hooton.

This theory has the following assumptions:
Crime is the result of the impact of environment upon low-grade human organisms and that
criminals were originally inferior people.
Crimes exist because there are some inferior people who are responsible for them.
Men with mediocre builds are people who tend to break the law without preference because
crimes are like physical make-up, characteristics.
Criminals should be permanently exiled to self-governing reservations, isolated from the society,
sterilized to prevent future offspring.

3. William Sheldon’s Theory – according to Sheldon, body type affects a person’s entire
personality or temperament. People are classified in three ways:
a. Endomorphs – people who tend to be fat, round and soft, and to have short arms and
legs.
b. Mesomorphs – people who have athletic and muscular physique; with active, assertive
and aggressive personality. Delinquency exists because there are mesomorphic men or
youths who are responsible for its occurrence.
c. Ectomorphs – people who are basically skinny with lean and fragile bodies.

4. Genetic Theory –this theory assumes that:

a. Crime and delinquency is committed by people who have abnormal genetic structure or
chromosomal abnormalities.
b. DNA is the transmitter of genetic materials (genes).
c. Extra Y chromosome is responsible for aggressiveness and thus, criminal activity. Men
with extra Y chromosome are taller and a 10 to 20 percent greater tendency to break the
law than genetically normal XY males.

C.Psychological Theories

These theories assume that:

a. Delinquency is a result of internal, underlying disturbances.

b. These disturbances develop in childhood and tend to become permanent features of the
individual character.
c. Since the individual has problems, he or she must be the focus of attention if the
problem is to be solved.

1. Psychogenic Theories – these are theories which blame delinquency on impulses that
are rooted in the child rather than in his environment. Psychogenic believe that it is
easier to change a person than it is to change an environment.

1.1 Freudan Psychoanalytic Theory – the proponent of this theory was Sigmund Freud. Freud
believed that people develop in a series of stages. When abnormalities occur, the person is
more likely to experience conflict. Conflict stems from the persons basic drive (ID) and social
controls. Because conflict is painful to confront, people tend to push into their unconscious mind
those experiences that produce conflict. Finally, people use defense mechanism to handle
personal conflicts.
The Four Elements in Freud’s Theory:

a. Human nature is inherently anti-social. Every child possesses a set of primitive anti-
social instincts that Freud called the ID.
b. Good behaviour comes through effective socialization. Through socialization, the child
learns internal control.
c. The life-long features of the human personality originate in early childhood. By adult
personality originate in early childhood. By age 5, all the essential features of the child’s
adult personality have been developed.
d. Delinquent behaviour is the result of a defective super ego.
The Three Parts of Human Psyche (Personality):

a. ID – it is the unconscious portion of personality dominated by the drive (cravings)

aggressive impulses. If left unchecked, it may destroy the person.
b. Ego – this is the rational part of the personality; it grows from the ID. It represents
problem solving dimensions of personality.
c. Super-ego- it grows out of ego. It represents the moral code, norms and values the
individual has acquired. Hence, it is responsible for feelings of guilt and shame.

2. The Low IQ Theory – this theory claims that:

a. People with low intelligence are easily led into law-breaking activities by the wiles of
more clever people.
b. People with low intelligence are unable to realize that committing offenses in a certain
way often leads to getting caught and eventual punishment.

3. Attention Deficit Hyperactivity Theory – this theory claims that:

a. Juvenile delinquency is caused by immaturity and hyperactivity.
b. Grade schoolers usually experience attention-deficit hyperactivity disorder, which is
characterized by:
1. Short attention span
2. Day dreaming
3. Sluggishness
4. Preoccupation
5. Impulsiveness
 4. Frustration-Aggression Theory – this theory claims that people who are frustrated will
act aggressively, and people who engage in aggression are frustrated first.
 Frustration is a behaviour directed at anticipated goals or expectations. It develops
when a person experiences the blocking of some goal. It involves hopes and
unfulfilled expectations. It is a feeling or an emotion nut a failure of objectives and
goals. Frustration leads to anger which makes aggression more likely to happen.
 Aggression is behaviour whose goal is to inflict damage or injury on some objects or
persons.
D. Social Class Theories

1. Social Disorganization Theory

This theory was recognized early in the twentieth century by sociologists Clifford Shaw and
Henry Mckay. According to social disorganization theory, disorganized areas cannot exert social
control over acting-out youth; these areas can be identified by their relatively high level of
change, fear, instability, incivility, poverty and deterioration, and these factors have direct
influence on the areas delinquency rate. It is not, then, some individual property or trait that is
the cause of delinquency, but the quality and ambiance of the community in which adolescents
are forced to reside. In the areas where there is no sense of collective efficacy, delinquency
rates will be controlled no matter what the immediate economic situation is.

2. Anomie Theory
Advocated by Emile Durkheim, anomie is normlessness produced by rapidly shifting
moral values. This occurs when personal goals cannot be achieved using available means.
Anomie refers to a breakdown of social norms and a condition where norms no longer
control the activities of members in society. Individuals cannot find their place in society without
clear rules to help guide them. Changing conditions as well as adjustments in life lead to
dissatisfaction, conflict and deviance.

3. Strain Theory
Strain theory contends that certain classes are denied legitimate access to culturally
determined goals and opportunities, and the resulting frustration results in illegitimate activities
or rejection of the society’s goal.
Sources of strain according to Robert Agnew include:
a. Strain caused by the failure to achieve positively valued goals.
b. Strain caused by the disjunction of expectations and achievements
c. Strain as the removal of positively valued stimuli from the individual
d. Strain as the presentation of negative stimuli

4. Differential Opportunity Theory

Delinquent subcultures, according to Richard Cloward and Lloyd Ohlin, flourish in the lower
classes and take particular forms so that the means for illegitimate success are no more equally
distributed than the mans for legitimate success.
They argue that the types of criminal subcultures depend on the area in which they develop.
They stated that the varying form of delinquent subcultures depended upon the degree of
integration that was present in the community.
Three types of delinquent gangs (Cloward & Ohlin)

a. Criminal Gang – emerges in areas where conventional as well as non-conventional values of

behaviour are integrated by a close business. This type of gang is stable than the ones to
follow. Older criminals serve as role models and they tech necessary criminal skills to the
youngsters.

b.The Conflict/Violent Gang – non stable and non –integrated, characterized by an absence of
criminal organization resulting in instability. This gang aims to find reputation for toughness and
destructive violence.
C. The Retreatist Gang – equally unsuccessful in legitimate as well as illegitimate means.
Members are known as double failures, thus retreating into a word of sex, drugs and alcohol.

5. Class Conflict Theory

According to Richard Quinney and William Chambliss, conflict theory is based upon the view
that the fundamental causes of crime are the social and economic forces operating within the
society. The criminal justice system and criminal law are thought to be operating in behalf of rich
and powerful social elites, with resulting policies aimed at controlling the poor.

5. Differential Oppression Theory

John D. Hewitt and Robert Regoli proposed that much serious juvenile delinquency is a
product of the oppression of children by adults, particularly within the context of family. The
maltreatment of children has been found to be highly correlated with both serious and moderate
delinquency as well as other problem behaviour.

E. INTERPERSONAL THEORIES

1. Differential Association Theory

This theory asserts that criminal behaviour is learned primarily with the interpersonal groups
and that youth will become delinquent if definitions they have learned favourable to violating the
law exceed definitions favourable to obeying the law within the group. This theory was
introduced by Edwin Sutherland.

2. Social Learning Theory

This theory views that behaviour is modelled through observation, either directly through
intimate contact with others, or indirectly through media. Interactions that are regarded are
copied, whereas those that are punished are avoided.

F. SITUATIONAL THEORIES

1. Drift Theory (Neutralization Theory)

 Neutralization theory or drift theory, as it is often called, proposes that juveniles sense a
moral obligation to be bound by the law. Such a blind between a person and the law remains in
place most of the time. When it is not in place, delinquents will drift.
David Matza and Gresham Sykes suggest that delinquents hold values similar to those of law
abiding citizens, but they learn techniques that enable them to neutralize those values and drift
back and forth between legitimate and delinquent behaviour.
Five techniques of neutralization:

a. Denial of responsibility
b. Denial of injury
c. Denial of victim
d. Condemnation of the condemners
e. Appeal to higher loyalties
Sykes and Matza’s theoretical model was based on the following observations:

a. Delinquents express guilt over their illegal acts.

b. Delinquents frequently respect and admire honest, law abiding individuals.
c. A line is drawn between those they can victimize and those they cannot.
d. Delinquents are not immune to the demands of conformity.

G. Societal Reaction Theories

1. Labelling Theory
Develop by Howard Becker, labelling theory views that youths may violate the law for a
variety of reasons including poor family relations, peer pressure, psychological abnormality, and
pro-delinquent learning experience. Regardless of the cause of individuals delinquents
behaviours detected, the offenders will be given a negative label that can follow them
throughout life. These labels include “troublemaker”, “juvenile delinquent”, “mentally ill”, “junkie”,
and more.

H. CONTROL THEORIES

1. Social Control Theory

This theory by Travis Hirschi states that members in society form bonds with other members
in society or institution in society such as parents, pro-social friends, and churches, schools,
teachers, and sports team. The social bonds include the ties and affection that develop between
children and key people in their lives; commitment to social norms of behaviour and to succeed
in regards to such values as getting good education, a good job and being successful;
involvement in activities; and finally that most persons are brought up to believe in and respect
the law.
2. Self-Derogation Theory
Introduced by Howard Kaplan, self-derogation theory states that all motivation to maximize
our self-esteem, motivation to conform will be minimized by family, school and peer interactions
that devalue our sense of self. Interactions and behaviour may be self-defacing or self-
enhancing.
 3. Interactional Theory
Originated by Terrence Thornberry, this theory states that weakening of a child’s social bond
is the fundamental cause of delinquency. Interactional theory examined the changing nature of
relationships over the life course. It emphasized the reciprocal nature between many the
variables used to explain delinquency.
4. Self-Control Theory
Self-control theory argues that it is the absence of self-control rather than the presence of
some forces or factors such as poverty, anomie, and opportunities for deviance, delinquent
peers, and exposure to definitions favourable to deviance, etc. that leads to deviance. This
theory rejects the notions that deviance is learned, that deviance simply results from the
individuals inability to effectively control his or her impulses.

I. Other Theories

1. Culture Deviance Theory

This theory links delinquent acts to the formation of independent subcultures with a unique
set of values that clash with the main stream culture. It argues that children learn deviant
behaviour socially through exposure to others and modelling of others action.
2. Structural Functionalism Theory
Some social structures exert a definite pressure upon certain persons in society to engage
in non-conforming rather than conforming behaviour. These structural and ideological dreams
can cause great distress for those who cannot reach these goals.
3. Rational Choice Theory
Advocates of this theory argue that in many cases, deviance is a result of high calculation of
risks and awards. Prospective deviants weigh their own chance of gain against the risk of
getting caught, and thereby decide a course of action.
4. Routine Activities Theory
The routine activities theory was developed by Lawrence Cohen and Marcus Felson.
This theory claims that crime is a normal function of the routine activities of modern living;
offenses can be expected by capable guardians. The routine activities approach gives equal
weight to the role of both the victim and the offender in the crime process. Criminal opportunity
is significantly influenced by the victim’s lifestyle and behaviour. The greater the opportunity for
criminals and victims interact, the greater the probability of crime, the reduced the interaction,
the more opportunity for crime to decline.

Factors affecting routine activities theory:

a. Lack of capable guardian

b. Suitable target
c. Motivated offenders

5. Learning Theories
This set of theories advances that delinquency is learned through close relationship with
others. It asserts that children are born “good” and learn to be “bad” from others. Learning
theories hold that children living in even the most deteriorated areas can resist inducements to
crime if they have learned proper values and behaviour. Delinquency, by contrast, develops by
learning the values and behaviour. Delinquency, by, contrast, develops by learning the values
and behaviour associated with criminal activity.

MODULE III
BEHAVIOUR OF JUVENILE DELINQUENCY, FACTORS AFFECTING THE DEVELOPMENT
OF JUVENILE DELINQUENCY,R.A. 9344

UNIT I: BEHAVIOR OF JUVENILE DELINQUENCY

Behavioural Disorders

Juvenile delinquents manifest any of the following common behavioural disorders:

1. Anti –Social Behaviour – it is characterized by disrespect or disobedience for authority.

 2. Lying – it does not cure lies by attacking the liars, for lies indicate needs which require
attention. Among the most important needs of a child are love, security, praise, peace,
attention, happiness, understanding, respect, and acceptance.

3. Stealing – this behaviour often stems from:

a. Undisciplined desire for possession
b. Loose morals in the home
c. Parental indifference
d. Lack of proper clothing and other school requirements
e. Undisciplined pleasure seeking

4. Truancy – this is cutting classes without any reasonable cause. This is often brought
about by:
a. Unattractive school life
b. Fear of punishment
c. Proximity to place of vices

5. Vagrancy – this is wandering away from home. Possible causes are:

a. Disagreeable home conditions
b. Feeble-mindedness
c. Misdirected love for adventure

6. Emotional disorders – they include:

a. Jealousy reactions
b. Temper tantrums
c. Fear reaction

INDICATORS OF NORMAL AND ABNORMAL ADOLESCENCE

Indicators of being on a “normal” course of moral development:

1. Obsessive concerns for bodily appearance

2. Fear of abandonment expressed as assertion independence
3. Desire to be different in terms of “fads”
4. Sexual desire and manipulativeness
5. Wanting to be like other races or cultures
6. Persistent wise cracking as long as it is witty
7. Obsessive desire for success and recognition
8. Lack of self-identity or distinct self-concept
9. Emotional extremes expressed as sensitivity to criticism

Indicators of being an “abnormal” course of moral development:

1. Driven by whim or caprice rather than purpose or gain

2. Unmoved by overtures of help and harms helpers
3. Shows no loyalty to other adolescents
4. Words are inconsistent with feelings, language, is strange, humor missing
 5. Claims to have always been first to do something
6. Pathological lying for no good reason
7. Superficially charming but unable to ,maintain intimate relations
Indicators of Being an “At Risk” Youth

1. Frequent absenteeism, tardiness, or suspension

2. Academic performance below grade level or repeating a grade
3. Oppositional stance towards authority
4. Drug or alcohol involvement
5. Police or probation involvement
6. Being a “latch key” child (child lacking adult supervision)
7. Coming from a single parent family or foster home

UNIT II: FACTORS AFFECTING THE DEVELOPMENT OF JUVENILE DELINQUENCY

(Family, Peers, Environment, School, and Mass Media)

1. FAMILY
The family is the first and most important social unit to affect children; it is the first social
world the child encounters. Individuals learn the attitudes, behaviours and social roles
considered appropriate for them from already-socialized individuals, typically parents and other
family members. Through the socialization process in families the personalities, characters,
values, and beliefs of children are initially shaped. Families help in the development of stable
and emotionally secure individuals and enhance the cognitive and language development of
children by proving a variety of intellectually rich and stimulating experiences. Parents and older
family members also serve as role models, transmitting educational values and providing
environment in which children can safely develop a sense of independence.
Family Conditions that Influence the Development of Juvenile Delinquency

1. Separation of parents/broken home

2. Family desertion
3. Both working parents

4. Parental rejection

5. Single-parent household

6. In-law problems

7. Lack of parental guidance

8. Family displacement

9. Low income of parents

10. Teenage pregnancy

11. Latchkey children

  Family Structure
Both are the family size and birth position had been found to have predictive effects on
delinquency

1. Family size
Parents of larger families tend to give less parental attention to their children of large
families are having a greater chance to become delinquent, and this is a predictive factor. It was
found that delinquency is associated with the number of brothers in the family, but not with the
number of sisters. Members of large families had been found to be lacking in educational
success. They perform poorly in school and score low in IQ test

2. Child’s Birth Order in the Family

Birth order affects the delinquent behavior with delinquency more likely among middle
children than first and last children
The first child receives individual attention and affection of parents, while the last child
benefits from the parent’s experience of raising children, as well as from presence of siblings
who serve as models. In some cases, the delinquent is the first or the last child.

Relations between parents and children

The strongest predictive factor for delinquency is having criminal parents. While a very
small part of this effect may be accounted for by genetic factors, most of it must be related to
the relationship of parents towards their children. It may be that parents provide a model of
behaviour for the children to copy or a model of aggressive and antisocial behaviour which in
turn leads to delinquency.
1. Family Rejection
Studies found a significant relationship between parental rejection and delinquent
behaviour.

Some children are rejected by their parents. As a result, they are deprived of one or both
of their parents through abandonment, hospitalization, divorce, death, or intervention of public
agencies.

According to John Bowlby, a british psychologist, even a short absence on the part of the
mother could have deleterious effect on the psychic well-being of the child. A child who is
deprive of his mother goes through three phases.
a. Protest - cries and creams for mother, shows panic, clings when she visits, and howls
when she leaves.
b. Despair - after a few days, child becomes withdrawn, sucks thumb.
c. Detachment – loses interest in parents and is not concerned whether they are there or
not.
 2. Discipline in the Home
Inadequate supervision and discipline in the home have been commonly cited to explain
delinquent behaviour.

Where discipline is erratic or harsh, children tend to become delinquent in adolescence.

Such parents differ from normal parents in punishing harshly, and in giving many commands.
Certain children are difficult to discipline; shouting and incessant commands are a parental
reaction to the child’s constant misbehaviour.

The fact that parents of normal children can make their children behave worse simply by
giving more commands is on indicator that discipline is a shaping factor.

Three types of home that breeds three types of behaviour:

a. A loving, friendly and just home that breeds conforming behaviour

b. A loving, liberal and open-mind home that breeds critical behaviour
c. A loveless, lonely and problematic home life that breeds deviant behaviour.

 Family Model
1. The Corporate Model – the father is the chief executive officer. The mother is the
operating officer, and implements the father’s policy and manages the staff (children)
that in turn have privileges and responsibilities based on their seniority. The father
makes the most; he is the final word in the cooperate family. Intimacy runs to the profit
motive.
2. The Team Model – the father is the head; the mother is the chief of the training table
and cheerleader. The children, suffering frequent performance anxiety, plat the rules and
stay in shape with conformity calisthenics. In the team family, competition is in the name
of the game; winning is everything.
3. The Military Model – the father is the general. The mother is the guard duty with a
special assignment to the nurse corps when needed. The kids are the grunts. Unruly
children are sent to stockade, insubordinate wives risk discharge. Punishment is swift,
and sadism is called character building.
4. The Boarding School Model – the father is the rector or head master, and is in charge
of training school minds and bodies. The mother is the dorm counsellor who oversees
the realm emotion, illness, good works, and bedwetting. The children are dutiful
students. The parents have nothing left to learn; there’s but teach and test.
5. The Theoretical Model - the father is the producer and plays the role of the father. The
mother, the stage manager, doubles in the part of the mother. The children, the
stagehands, also act the roles of girls and boys. No writer is necessary because the
lines are scripted, the roles are sex stereotypes, the plot predictable.

 QUALITY OF HOME
Poor family home life, measured by marital adjustment and harmony within the home,
also affects the rate of delinquent behaviour among children more than whether or not the family
is intact.
 Happiness of marriage, good marital relationships and strong family cohesiveness in
homes are the key whether or not the children become delinquent.

1. Broken Home
This does not refer to the separation of parents leaving their children behind, but includes
the presence of parents who are irresponsible that children experience constant quarrel in the
home. Broken homes are associated with an increase risk in deviant behaviour.
Effects of Family Breakdown to the Children:

a. Being brought up by one parent instead of two decreases the amount of surveillance,
which protects against delinquency.
b. Divorce plunges the family into poverty, which is associated with deviance and forces
the family to find accommodation in a high delinquency area.
c. People who divorce are less stable character than normal, and pass their instability unto
their children.

2. Single Parent Family

Majority of single parent families are the products of divorce. Part of the effect is simply that
of the strained relationships between the parents prior to family breakdown.
Effects of Single-Parent Family:

a. Single parents are much more likely to be living in poverty, or living in a high-
delinquency area than are married persons.
b. Single-parents may find it more difficult to control their children during late childhood and
adolescence.
c. The fathers of the children of single-mothers may have criminal behaviour or alcoholism
which may have influenced their children prior to family breakdown.

 Parenting Styles
Another perceived delinquency factor is parenting style. Parents could manifest one of the
following parenting styles:

1. Authoritative Parents – they are warm but firm. They set standards for the child’s
conduct but form expectations consistent with the child’s developing needs and
capabilities. They give high regard on the independent development of the child and self-
direction but assume the ultimate responsibility for their child’s behaviour. Authoritative
parents deal with their child in rational, issue-oriented manner, engage in discussion and
explanation with their children over rules and discipline.
2. Authoritarian Parents – they place a high value on obedience and conformity tending
to favour more punitive, absolute and forceful disciplinary measures this parents are not
responsive to their children and show little warmth and support. Open and constructive
discussion is not common in an authoritarian household because authoritarian
household parents believe that the child should accept without question the rules and
standard established by the parents. Parents tend to discourage independent on
restricting the child’s dependence.
 3. Indulgent Parents – they believe in responsive accepting, benign or kind, and more
passive ways in matters of discipline. They place relatively the demands on the child’s
behaviour, giving the child a few high degree of freedom to act as he or she wishes.
Indulgent parents are more likely to believe that control is an infringement or violation on
the child freedom that may interfere with healthy development. Instead of actively
shaping their child’s behaviours, this parent consider themselves as resources of child
may or may not use.
4. Indifferent Parents - they are fairly a responsive to their child and try to minimize the
time and energy they must be devote to interacting with the child or responding to the
child’s demands. In extreme cases, indifferent parents may be neglectful. They know
little about their child’s activities and whereabouts, show little interest in their child’s
experiences at school or in his or her friends, and rarely consider the child’s opinion
when making decisions.

 Parenting Skills
The following are ways of developing parenting skills:

1. Notice what the child is doing.

2. Monitor it over a long period of time.
3. Model social skill behaviour.
4. Clearly state house rules/policies.
5. Consistently provide same punishments for transgressions and disobedience.
6. Provide reinforcement for conformity.
7. Negotiate disagreements so that conflicts and crisis do not escalate.

Two General Views Concerning Family and Delinquency

1. The Alarmist View – this is the belief that the family is a very serious condition; it is in
critical condition and is getting progressively worse. Alarmists believe in the myth of
declining family:
Five Trends Indicating That The Family Is Declining:

a. Marriage is something is something that fewer and fewer people want.

b. Being a home maker (housewife) is something that fewer and fewer women want.
c. Fewer and fewer people want a large number of children.
d. Sacrifice and self-denial are things that fewer and fewer people are willing to practice.
e. Hedonism and self-fulfilment are things that more and more people are pursuing.
Hedonism is a cultural norm which pursues or seeks only pleasure and gratification.

 Child Abuse
“Child Abuse” can be defined as causing or permitting any harmful or offensive contact on
a child’s body; and any communication or transaction of any kind which humiliates, shames, or
frightens the child. Some child development experts go a bit further, and define child abuse as
nay act or omission, which fails to nurture or in the upbringing of the children.

Types of Child Abuse

 1. Physical Child Abuse – is a n act of deliberately inflicting physical injuries on a child.
This may include burning, hitting, punching, shaking. Kicking, beating, or otherwise
harming a child. The parent or caretaker may not have intended to hurt the child; the
injury is not an accident. It may, however, have been the result of over discipline or
physical punishment that is inappropriate to the child’s age.
2. Emotional Maltreatment/Psychological Child Abuse – is when an adult demeans the
child’s worth or dignity as a human being by constant scolding and ridiculing. This could
lead to a child with very low self-esteem and many hang-ups and psychological
problems.
3. Child Neglect – is the failure to provide for the child’s basic needs. Neglect can be
physical, educational, or emotional. Physical neglect can include not providing adequate
food or clothing, appropriate medical care, supervision, or proper weather protection. It
may include abandonment. Educational neglect includes the lack of any emotional
needs, allowing excessive truancies. Psychological neglect includes the lack of
emotional support and love, never attending to the child, spousal abuse, and drug and
alcohol abuse, including allowing the child to participate in drug and alcohol use.
4. Sexual Child Abuse – is any act of maliciously molesting the child sexually whether the
sexual act is consummated or not. It includes fondling a child’s genitals, making the child
fondle the adult’s genitals, intercourse, incest, rape, sodomy, exhibitionism, and sexual
exploitation. To be considered child abuse these acts have to be committed by a person
responsible for the care of the child (for example a baby sitter, a parent or day care
provider) or related to the child. If a stranger commits these acts, it would be considered
sexual assault and handled solely by the police and criminal courts. Sexual abuse could
lead to trauma, fear and psychological problems on the part of the child.

Typology of Child Abusers

1. Mentally Disordered Abuser – a person who has defective mental ability.

2. Parentally Incompetent Abuser – an individual whose practice of disciplining the child
is in the same way he was disciplined.
3. Situational Abuser – a parent who only abuses the child when he/she is confronted
with a particular situation, one who is usually non-abusive but “fly off the handle” when
some circumstance develop.

4. Accidental Abuser – a parent who exercises poor judgement on his/her parenting

decisions; poor judgment results to child abuse.
5. Subcultural Abuser – a group of people who share a number of values, norms attitudes
in common.
6. Self-Identified Abuser – parents who are abusive, although some of these kinds of
abusers want to stop abusing their children, they cannot and they are afraid to make
their discipline practices known.
7. Institutionally Prescribed Abusers – some institutions are grounded with beliefs that
are abusive to children.
Child Abuse May Occur In:

a. Home
b. Schools, public or private
c. Day care centers
 d. Preschools
e. Detention centers
f. Correctional facilities
2. PEERS
For many juveniles the most important social institution, the one they truly spend the most
time with and are closest to emotionally, is the family. But for many others, it is their barkada or
peer group. The peer group is a group of youths of similar age levels and interest that often can
empower young people in their sense of feeling worthwhile and important. The social world of
some adolescents revolves around their closest friends. They search for acceptance, status,
identity and meaning through interaction with others. Their friends music, dress, language,
attitude, ambitions, and behaviour often become their own. Peer group activities reflect
behaviours that are symbolic of adulthood and are viewed as signs that the person is no longer
a child, behaviours often having to do with drugs, sexuality and freedom. Wanting to be
accepted and to feel important and more grown up, many youths turn to delinquent activities
because of their peer’s influence.

The Structure of Peer Relations

Does having antisocial peers cause delinquency, or are delinquents’ antisocial youths who
seek out like-minded companions because they can be useful in committing crimes? They are
actually five independent viewpoints on this question.

According to the control theory approach articulated by Hirschi, delinquents are as detached
from their peers as there are from other elements of society. While they appear to have close
friends, delinquents actually lack the social skills to make their peer relations rewarding or
fulfilling. Anti-social adolescent seeks out like-minded peers for criminal associations. If
delinquency is committed in groups, it is because “birds of the feather flock together”. Peers
have less of an influence on delinquency than traditionally believed.
Delinquent friends cause law abiding youths to get in trouble. Kids who fall in with bad crowd
are at risk for delinquency. Youths who maintain friendships with anti-social peers are more
likely to become delinquent regardless of their own personality or the type of supervision they
receive at home. Even previously law-abiding youths are more associated with friends who
initiate them into delinquent careers.
Antisocial youths seek out and join up with likely minded friends; deviant peers sustain and
amplify delinquent careers. Those who choose aggressive or violent friends are more likely to
begin engaging in antisocial behaviour themselves and suffer psychological deficits.
As youths move through there life course antisocial friends help them maintain delinquent
careers and obstruct the aging-out process. In contrast, non-delinquent friends moderate
delinquency. If adulthood bring close and sustaining ties to conventional friends, marriage and
family, the level of deviant behaviour will decline.
Trouble kids choose delinquent peer out of necessity rather than desire. The social baggage
they cart around prevents them from developing association with conventional peers. Because
they are impulsive they hook up with friends who are dangerous and get them into trouble.
Deviant peers do not cause straight kids to go bad, but they amplify the likelihood of a trouble
kid getting further involved in antisocial behaviour.
Peer Rejection/ Peer Acceptance
While most research looks at the influence of deviant peers, there is also evidence that
conventional, law abiding peers affect behaviour. By snubbing kids whom they consider wild
and unruly, peer rejection helps lock aggressive kids into a cycle of persistent violence that is
likely to continue into delinquency-producing traits. For example, rejecting kids who have
attention and hyperactivity problems are more likely to suffer later conduct problems.

Peer rejection may help increase and sustain antisocial behaviours because outcast kids
become suspicious of other people’s motives see them as hostile, and become more likely to
respond in an antisocial manner. Because the most popular kids reject them, these troubled
youths have fewer positive social options and may be drawn to lower status and deviant peer
groups. Hoping to belong and be accepted in at least one peer group, no matter its damaged
reputation, they feel compelled to engage in more anti-social activity in an effort to gain standing
and approval.

3. GANGS
Are groups of youths who collectively engage in delinquent behaviours. Yet, there is a
distinction between group delinquency and gang delinquency. The former consists of a short-
lived alliance created to commit a particular crime or engage in a random violent act. In contrast,
gang delinquency involves long-lived, complex institutions that have a distinct structure and
organization, including identifiable leadership, division of labor (some member are fighters,
others burglars, while some are known as deal makers),rules, rituals, and possessions (such a
headquarters and weapons).

Other Definitions of Gangs are as Follows:

 Any congregation of youths who have joined together to engage in delinquent acts
 A cohesive group that holds and defends territory or turfs
 An interstitial group, a phrase coined by gang expert Frederick Thrasher. He used the
term to refer to the fact that gangs fill the “cracks” in the fabric of society. to be
considered a gang, a group must maintain standard group processes, such as recruiting
new members, setting goals(such as controlling the neighboring drug trade), assigning
roles (appointing someone to negotiate with rivals), and developing status (grooming
young members for leadership roles).

Gang Types
Gangs have been categorized by their activity. Some are devoted to violence and
protecting their neighbourhood boundaries or turf; others are devoted to theft. Some specialize
in drug trafficking; others are primarily social groups concerned with recreation, rather than
crime.

Most gangs fall into one of four categories:

1. Social Gang – involved in few delinquent activities and little drug use other than alcohol
and marijuana. Membership is more interested in the social aspects of group behaviour.
 2. Party Gang – concentrates on drug use and sales, forgoing most delinquent behaviour,
except vandalism. Drug sales are designed to finance member’s personal drug use.

3. Serious Delinquent Gang – engages in serious delinquent behaviour while eschewing

most drug use. Drugs are used only on social occasions.
4. Organized Gang- heavily involved in criminality and drug use and sales. Drug use and
sales reflect a systematic relationship with other criminal acts. For example, violent acts
are used to establish control over drug sales territories. Highly cohesive and organized,
this gang I on the verge of becoming a formal criminal organization.
Controlling Gang Activity

Gang control takes three basic forms:

1. The youth service program, in which traditional police personnel, usually from the youth
unit, are given responsibility for gang control. No personnel are assigned exclusively or
mainly to gang-control work.
2. The gang detail, in which one are more police officers, usually from youth or detective
units, are assigned exclusively to gang-control work.
3. The gang unit, established solely to deal with gang problems, to which one more officers
are assigned exclusively to gang-control work.

4. ENVIRONMENT
The outside environment where a youth resides is also influential. It is where the child is
exposed to after his first highly formative years. It may be a place where crime is a day-to-day
event or haven where the existence of crime is a usual occurrence. For an environment to
become a factor in delinquency problem, children can be found in the street roaming most of the
time in the company of adults whose words and behaviour are not fit to be heard and seen by a
growing child. The negative influence that can be exerted by a place to minors can be adopted
in so many ways as they grow up. The reflection of the environment is ultimately manifested in
the character and personality of a child as he or she becomes an adult.

The following are the possible influences of the environment to the child:

1. Associations with criminal groups

2. Alcoholism and drug addiction
3. Impulse fear
4. Crime inducing situation that caused criminalistics tendencies
5. Imitated instinct like selfishness, violence and anti-social wishes

5. SCHOOL
The school, unlike the family, is a public instrument for training young people. It is, therefore,
more directly accessible to change through the development of the new resources and policies.
And since it is the principal instrument to the goals and values of our society, it is imperative that
it be provided with the resources to compete with illegitimate attraction for young people’s
allegiance. Anything less would be a serious failure to discharge our nations responsibility to its
youth.

Some instances of delinquent conduct to the school-child relationship are the following:
 a. Failure of the school in character development of the children and youth
b. Use of methods that create the conditions of failure or frustrations on the part of the
students.
c. Lack of facilities for circular and extra-curricular activities.
Academic performance and delinquency

Poor academic performance has been directly linked to delinquent behaviour. There is
general consensus that students who are chronic underachievers in school are also the most
likely to be delinquent. In fact, researchers commonly find that school failure is a stronger
predictor of delinquency than such personal variables as economic class membership or peer
group relations. Studies that compare the academic records of delinquents and non-
delinquents, including their scores on standardized tests of basic skills, failure rate, teacher
ratings and other academic measures, have found that delinquents are often academically
deficient, a condition that may lead to their activities. Kids who report that they do not like
school, do not do well in school, and do not concentrate on their homework are also that ones
most likely to self-report delinquents acts. In contrast, at-risk kids, even those with histories of
abuse and neglect, who do well in school, are often to avoid delinquent involvement.

6. MASS MEDIA
Mass media embraces all kinds of communications where a child is exposed to. It covers up
everything that a child hears and sees that leaves behind in his or her imagination. It could be
anything a child saw on television, heard over the radio, read form book or magazine, or even
saw in a movie house.

Television and movies have popularized the “the cult of heroes”, which promotes justice
through the physical elimination of enemies. Many researchers have concluded that young
people who watch violence tend to behave more aggressively or violently, particularly when
provoked. This is mainly characteristics of 8 to 12 years old boys, who are more vulnerable to
such influences. Media bring an individual to violence in three ways. First, movies that
demonstrate violent acts excite spectators, and the aggressive energy can then be transferred
to everyday life, pushing an individual to engage in physical activity on the streets. This type of
influence is temporary, lasting from several hours to several days. Second, television can
portray ordinary daily violence committed by parents or peers (the imposition of penalties for
failing to study or for violations of certain rules or norms of conduct). It is impossible to find
television shows that do not portray such patterns of violence, because viewer approval of this
type of programming has ensured its perpetuation. As a result, children are continually exposed
to the use of violence in different situations-and the number of violent acts on television appears
to be increasing/ third, violence depicted in the media is unreal and has a surrealistic quality;
wounds bleed less, and the real pain and agony resulting from violent actions are very rarely
shown, so the consequences of violent causes a shift in the system of human values and
indirectly leads children to view violence as desirable and even courageous way of re-
establishing justice. The American psychological association has viewed he evidence and has
concluded that television violence accounts for about 10 percent of aggressive behaviour
among children.

POLICE WORK ON DELINQUENCY

  Juveniles and the Police
The police are the first line of defense against crime. Having the power to arrest and use
deadly force, the police are charged both with preventing and deterring crime and maintaining
peace with the community.

At work, the police have constantly bear in mind though the juvenile delinquent should be
handle in a different manner from the adult offenders. Most juvenile delinquents are immature
boys and girls lacking in judgement, who need understanding and guidance rather than
punishment.

 Police Services
Police who work with juvenile offenders usually have skills and talent that go beyond those
generally associated with regular police work. In large urban police departments, juvenile’s
service is often established through a special unit. Ordinarily this unit is the responsibility of a
command – level police officer, who assigns officer to deal with juvenile problems to throughout
the police department’s jurisdiction. Police departments with very few officers have little need for
an internal division with special function. Most small departments, make one officer responsible
for handling juvenile matters for entire community.

 Police Roles
Juvenile officers operate either as specialists within a police department or as part of
juvenile unit of a police department. Their role is similar to that of officers working with adult
offenders: to intervene if the actions of a citizen produce public danger or disorder. Most juvenile
officers are appointed after having had some patrol experience. A desire to work with juvenile as
well as an aptitude for the work is considered essential for the job. Officers must also have a
thorough knowledge of the law, special the constitutional protections available to juveniles.

 Police Attitudes toward Youth and Crime

The police today have more positive attitudes toward youthful offenders than in the past.
However, there are hindrances that hold them to really work hard toward the betterment of
police-youth relations. First, the police see themselves as skilled in their ability to confront youth
offenders, but the latency of our juvenile laws makes them believe nothing will happen if
youthful offenders are apprehended, unless the offense is serious. Second, the dangers
inherent in their job require the police to be alert to minor offenders who would lead them to
trouble or danger, and therefore, experienced police officers know they must be especially
guarded in police-juveniles unpredictability, and resistance makes these difficult situations
occur. The hard-core juvenile offenders represent the greatest danger to the police officer.
Violent gang members, for example, are not afraid to hurt and kill police officers. Third, the
police must always defend their authority, which requires them to prevent any verbal or physical
abuse from teenagers or adults. Juvenile offenders, especially those who have had contact with
the system before and likely to challenge the authority of the police officer. Hardened and
professional juvenile offenders know how far they push the officer, and they are quite
knowledgeable of their rights. Juveniles are even more likely to challenge the police officers
authority, especially when they are in company with members off their gangs.

 Police and the Rule of Law

 When police are involved with criminal activity of juvenile offenders, their actions are
controlled by statute, constitutional case law, and judicial review. Police methods of
investigation and control include (1) arrest procedure, (2) search and seizure, and (3) custodial
investigation.

 The Arrest Procedure

When juvenile is apprehended, the police must decide whether to release the youngster or
make a referral to the juvenile court. Cases involving serious crimes against property or persons
are often referred to court. Less serious cases, such as disputes between juveniles, petty
shoplifting, runaways, and assaults of minors, are often diverted from court action.
The law of arrest for juveniles is generally the same adults. To make a legal arrest, an
officer must have probable cause to believe that an offense took place and that the suspect is
the guilty party. Probable cause is usually defined as falling somewhere between a mere
suspicion and absolute certainty. In misdemeanor cases the police officer must personally
observe the crime in order to place a suspect in custody. For a felony, the police officer may
make the arrest without having observed the crime if the officer has probable cause to believe
the crime occurred and the person being arrested committed it. A felony is a serious offense; a
misdeamenor is a minor or petty crime. Crimes such as murder, rape and robbery are felonies;
crimes such as petty larceny and disturbing the peace are misdeamenors.
 Search and Seizure
The Supreme Court has ruled that police may stop a suspect and search for evidence without a
warrant under certain circumstances. A person may be searched after a legal arrest, but then
only in immediate area the suspect’s control. For example, after an arrest for possession of
drugs, the pockets of suspects jacket may be searched, an automobile may be searched if there
is probable cause to believe a crime has taken place, a suspect’s outer garments may be
frisked if police are suspicious of his or her activities, and a search may be conducted if a
person volunteers for the search. These rules are usually applied to juveniles as well as to
adults.
 Custodial Investigation
In years past, police often questioned juveniles without their parents or even an attorney
present. Any incriminating statement arising from such custodial interrogation could be used at
trial. However, in the 1966 Miranda case, the Supreme Court placed constitutional limitations
on police interrogation procedures with adult offenders.

Miranda held that person in police custody must be told the following:
 They have the right to remain silent.
 Any statement they make can be used against them.
 They have the right to counsel.
 If they cannot afford counsel, it will be furnished at public expense.
Most courts have concluded that parents or attorneys need not be present for juveniles
to effectively waive their rights. The validity of a waiver rests not only on the age of the youth but
also on a combination of other factors, including the child’s education, the child’s knowledge of
the charge, whether the child was allowed to consult with family or friends, and the method of
interrogation. The general rule is that juveniles can waive their rights to protection from self-
incrimination, but that the validity of this waiver is determined by the circumstances of each
case.

SUGGESTIVE REMEDY

In dealing with juveniles, the police must gain the confidence and respect of the citizen’s. For
example:

Uniformed police officers assigned to school crossings have used their learned duties and
obligations by not only protecting the children while crossing the streets, but they must have
shown to the children that they are friendly, and that they sincerely wish to be friends with all
children. The fact that the children go home and elate these incidents to their parents had gone
a long way in removing the fear on the part of the parents as well as the children.

 Police Concerns for Youth

The police have been given a major responsibility in working with youth. They are in the
unique position of dealing with boys and girls whose behaviour is in direct conflict with legally
required behaviours of members of society. The evolution of these responsibilities finds the
police concerned with control and prevention of delinquent behaviour of juveniles.

Control of unlawful behaviour of youth and undesirable conditions involving youth

 Control – it is a term which acknowledges the existence of unlawful behaviour and the
need to take action.

 Unlawful behaviour of youth – it includes all types of activity in which laws and
ordinances are violated and such other activities as could bring youth before the juvenile
court.

 Undesirable condition – the term refers community hazards and community problems
harmful to youth
Control Is Accomplished In Three Major Ways By The Police:

1. Investigation of individual cases involving youth and conditions are

causing anti-social activities.
2. Providing a constructive disposition for individual cases and conditions through
department action, referral to other agencies, or to juvenile court.
3. Providing overall protective police operations which reduce the opportunity for
commission of law violations and maintaining cooperative relations with other
components of the juvenile justice system.
Prevention of Unlawful Behaviour of Youth and Conditions Causing Anti-Social Activities

Prevention. It implies the keeping of unlawful behaviour from occurring originally or keeping
unlawful behaviour to a minimum, and thus avoiding police intervention.

The prevention phase is accomplished by the following:

1. Influencing youth, parents and the general public to meet the basic needs of the youth
and to conform to all laws and regulations made for their protection.
 2. Participation in community organization planning with other agencies to improve the total
community.
3. Providing overall effective police operation which reduce the desire on the part of the
individuals to commit unlawful acts.

 Police Responsibility
Law enforcement’s responsibility to the community is probably greater than that of any
official agency. The following are the primary responsibilities of the police:

1. Detection of crime
2. Apprehension of offenders
3. Preservation of peace
4. General safety of the public
The discharge of this obligation is automatic, and if done satisfactorily, delinquency and crime
prevention would be controlled with no further effort on the part of the police or the public.

The following tips have been found practical experience to be the most conducive to the
juvenile welfare, as well as in the best interest of the police department’s aims and purposes.

1. Treat the juvenile with consideration.

2. Be friendly.
3. Be firm. Appeal to his intelligence, to his reason his sense of fairness.
4. Discover the child’s problem, if possible.
5. Try to gain the child’s respect and confidence.
6. Remember that the child of today is the man of tomorrow. It is wise to point out very
clearly the disastrous results to a boy’s life if he is convicted of a major crime, and that
this conviction will be a mark against him for the rest of his life.
7. Do not resort to vulgarity or obscenity. Do not use insulting names and never loos your
temper.

UNIT II: THE PHILIPPINE JUVENILE JUSTICE SYSEM AND IT’S LEGAL PARAMETERS

The Philippine Juvenile Justice System is anchored on several laws. These are (1) P.D.
603- The Child and Youth Welfare Code, (2) R.A. 7610 – Special Protection Of Children
Against Child Abuse, Exploitation And Discrimination, and (3) R.A. 9344- an act
establishing a comprehensive juvenile justice and welfare system. It is imperative for law
enforcers and other agencies concerned to be acquainted with the provisions of these laws for
them to be property guided in their implementation.

P.D. 603
(THE CHILD AND YOUTH WELFARE CODE)

The Child and Youth Welfare Code shall apply to all persons below 18 years of age, as
amended by Republic Act No. 6809 (an act lowering the age of majority from 21 to 18 years
amending for the purpose E.O. No. 209, and for other purposes), except those emancipated in
accordance law. “Child” or “minor” or “youth” as used in this code, shall refer to such person.
  THE CHILD

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.
The child is not a mere creature of the State. Hence, his individual traits are aptitudes should
be cultivated to the utmost in so far as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of
the 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 interests of the community
and the country.
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 the school, the church, the guild, and the community in general, should
assist the home and the State in the endeavour to prepare the child for the responsibilities of
adulthood. (Art. 1)

Rights of the Child

All children shall be entitled to the following rights without distinction as to legitimacy or
illegitimacy, sex, social status, religion, political antecedents, and other factors.

1. The right to be born well with the dignity and worth of a human being from the moment of
his conception;
2. The right to a wholesome family life that will provide him with love, care and
understanding, guidance and counselling, and moral and material security;
3. The right to a well-rounded development of his personality to the end that he may
become a happy, useful and active member of the society. The gifted child shall be
given opportunity and encouragement to develop his special talents;
4. The right to a balanced diet, adequate clothing, sufficient shelter, proper medical
attention, and all the basic physical requirements of a healthy and vigorous life;
5. The right to be brought up in an atmosphere of morality and rectitude for the enrichment
and the strengthening of his character;
6. The right to an education commensurate with his abilities and to the development of his
skills for the improvement of his capacity for service to himself and to his fellowmen;
7. The right to a full opportunities for safe and wholesome recreation and activities,
individual as well as social, for the wholesome use of his leisure hours;
8. The right to protection against exploitation, improper influences, hazards, and other
conditions or circumstances prejudicial to his physical, mental, emotional, social, and
moral development;
9. The right to live in a community and a society that can offer him an environment free
from pernicious influences and conducive to the promotion of his health and the
cultivation of his desirable traits and attributes;
10. The right to the care, assistance, and protection of the State, particularly when his
parents or guardians fail or are unable to provide him with his fundamental needs for
growth, development and improvement;
11. The right to an efficient and honest government that will deepen his faith in democracy
and inspire him with morality of the constituted authorities both in their public and private
lives; and
 12. The right to grow up as a free individual, in an atmosphere of peace, understanding,
tolerance, and universal brotherhood, and with the determination to contribute his share
in the building of a better world.

 THE PARENTS
“Parents” shall include the guardian and the head of the institution or foster home which
has custody of the child.

 Parental Authority
The father and mother shall exercise jointly just and reasonable parental authority and
responsibility over their legitimate or adopted children. In case of disagreement, the father’s
decision shall prevail unless there is a judicial order to the contrary.
In case of the absence or death of either parent, the parent or surviving parent shall continue
to exercise parental authority over such children, unless in case of the surviving parent’s
remarriage, the court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from
his mother unless the court finds compelling reasons to do so. (Art. 17)
Grandparents shall be consulted on important family questions, but they shall not interfere in
the exercise of parental authority by the parents. (Art. 18)
Grandparents and in their default, the oldest brother or sister who is at least eighteen years
of age, or relative who has actual custody of the child, shall exercise parental authority in case
of absence or death of both parents, unless a guardian has been appointed in accordance with
the succeeding provision. (Art 19)

Duties of Parents

Parents shall have the following general duties toward the child:

1. To give him affection, companionship an understanding;

2. To extend him the benefits of moral guidance, self-discipline and religious instruction;
3. To supervise his activities, including his recreation;
4. To inculcate in him the values of industry, thrift and self-reliance;
5. To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop
his commitment to his country;
6. To advise him properly on any matter affecting his development and well-being;
7. To always set as a good example;
8. To provide him with adequate support;

As defined in Article 290 of the Civil Code, support includes food or sustenance, dwelling or
shelter, clothing, medical assistance, education, and transportation.

9. To administer his property, if any, according to his best interest. (Art. 46)
It is likewise stipulated that parents shall take special care to prevent the child from
becoming addicted to intoxicating drinks, narcotic drugs, smoking, gambling, and other vices or
harmful practices.

 Vices refer to a wrong, degrading or immoral habit or practice accustomed to the child.
Liabilities of Parents

Parents and guardians are responsible for the damage or torts (injury or wrong done to
someone) caused by the child under their parental authority in accordance with the Civil Code
(Art. 58).

Criminal liability shall attach to a parent who:

1. Conceals or abandons the child with intent to make such child lose his civil status;
2. Abandons the child under such circumstances as to deprive him of the love, care and
protection he needs;
3. Sells or abandons the child to another person for valuable consideration;
4. Neglects the child by not giving him the education which the family’s station in life and
financial conditions permit;
5. Fails or refuses, without justifiable grounds, to enrol the child in any educational
institution;
6. Causes, abates, or permits the truancy of the child from the school where he is enrolled;
 Truancy – means absence without cause for more than twenty school days, not
necessarily consecutive
7. Improperly exploits the child by using him, directly or indirectly, such as for purposes of
begging and other acts which are inimical to his interest and welfare;
8. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to
indignations and other excessive chastisements that embarrass or humiliate him;
9. Causes or encourage the child to lead an immoral or dissolute life;
10. Permits the child to possess, handle or carry a deadly weapon, regardless of its
ownership; and
11. Allows or requires the child to drive without a license or with license which the parent
knows to have been illegally procured. If the motor vehicle driven by the child belongs to
the parent, it shall be presumed that he permitted or ordered the child to drive. (Art. 59)

Child and Youth Welfare and Education

The State shall see to it that no child is refused admission in public schools. All parents are
required to enrol their children in schools to complete, at least, an elementary education. (Art.
71)
All necessary assistance possible shall be given to parents, especially indigent ones or
those who need the services of children at home, to enable the children to acquire at least an
elementary education. Such assistance may be in the form of special school programs which
may not require continuous attendance in school, or aid in the form of whatever constitutes a
bar to a child’s attendance in school or access to elementary education. (Art. 72)
To further promote the welfare of children of working mothers and indigent parents, public
nursery and kindergarten schools shall be maintained, whenever possible. The operation and
maintenance of such schools shall be responsibility of local governments. Aid from local school
boards funds, when available, may be provided. (Art. 73)
Local school officials and local government officials shall see to it that school children and
students are provided with adequate schoolrooms and facilities including playground, space,
and facilities for sports and physical development activities. Such officials should see to it that
the school environment is free from hazards to the health and safety of the students and that
there is adequate safety measures for any emergencies such as accessible exits, fire fighting
equipment, and the like. All children shall have free access to adequate dental and medical
services. (Art. 75)
The Home and the School

The home shall fully support the school in the implementation of the total school program-
curricular and co-curricular- toward the proper physical, social, intellectual, and moral
development of the child. (Art. 76)
Every elementary and secondary school shall organize a parent-teacher association for the
purpose of providing a forum for the discussion of problems and their solutions, relating to the
total school program, and for insuring the full cooperation of parents in the efficient
implementation of such program. All parents who have children enrolled in a school are
encouraged to be active members of its PTA, and to comply with whatever obligations and
responsibilities such membership entails. Parent- Teacher Association all over the country shall
aid the municipal and other local authorities and school officials in the enforcement of juvenile
delinquency control measures, and in the implementation of programs and activities to promote
child welfare. (Art. 77)
No school shall receive or collect from students, directly or indirectly, contributions of any kind
or form, or for any purpose except those expressly provided by law, and on occasions of
national or local disasters in which case the school may accept voluntary contribution or aid
from students for distribution to victims of such disasters or calamities. (Art. 78)

Child and Youth Welfare and the Church

The state shall respect the rights of the church in matters affecting the religious and moral
upbringing of the child. (Art. 79)
The religious education of children in all public and private schools is a legitimate concern of
the Church to which the students belong. All churches may offer religious instruction in public
and private elementary and secondary schools, subject to the requirements of the constitutional
and existing laws. (Art.81)

Child and Youth Welfare and the Community

“Community” shall mean, the local government, together with the society of institution, both
public and private, in which a chid lives. (Art. 84)

Duties of the Community

It shall be the duty of the community to:
1. Bring about a healthy environment necessary to the normal growth of children and the
enhancement of their physical, mental, and spiritual well-being;
2. Help institution of learning, whether public or private, achieve the fundamental objective
of education;
3. Organize or encourage movement and activities, for the interests of children and youth;
4. Promote the establishment and maintenance of adequately equipped playgrounds,
parks, and other recreational facilities.
5. Support parent education program by encouraging its member to attend and actively
participate therein;
6. Assist the state in combating and curtailing juvenile delinquency and in rehabilitating
wayward children;
 7. Aid in carrying out special project for the betterment of children in the remote areas or
belonging to cultural minorities or those who are out of school; and
8. Cooperate with private and public child welfare agencies in providing care, training and
protection to destitute, abandoned, neglected, abused, handicapped, and disturbed
children.(art 85)

Communities Bodies Dealing with Child Welfare

a. Barangay councils
Barangay councils shall have the authority to enact ordinances and resolutions not
inconsistent with law or municipal ordinances, as may be necessary to provide for the proper
development and welfare of the children in the community, in consultation with representatives
of national agencies concerned with child and youth welfare. (Art. 86)

The barangay council shall:

1. Foster education of every child in the barangay;

2. Encourage the proper performance of the duties of parents and provide learning
opportunities on the adequate rearing of children and on positive parent-relationship;
3. Protect and assist abandoned or maltreated children and dependents;
4. Take steps to prevent juvenile delinquency and assist parents of children with
behavioural problems so that they can get expert adviser;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds and day-care centers and other
services that are necessary for child and youth welfare;
7. Coordinate activities of organizations devoted to the welfare of children and secure their
cooperation;
8. Promote wholesome entertainment in the community, especially in movie houses; and
9. Assist parents, whenever necessary in securing expert guidance, counselling from the
proper governmental or private welfare agency. (Art. 87)

Civic Association Of Adults

 A civic association shall refer to any club, organization or association of individuals
twenty-one years of age or over, which is directly or indirectly involved in carrying out
child welfare programs and activities. (Art. 91)

Youth Association And Student Organization

A youth association shall refer to any club, organization or association of individuals below
twenty-one years of age which is directly or indirectly involved in carrying out child or youth
welfare programs and activities. (Art.99)

CLASSIFICATION OF CHILD AND YOUTH WELFARE AGENCIES

Public and private child welfare agencies providing encouragement, care, and protection to
any category of children and youth are classified and defined as follows:

 Child-Caring Institution – one that provides twenty-four hour resident group care
service for the physical, mental, social, and spiritual well-being of nine or more mentally
 gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful
offenders.
 Educational Institution – on whose primary purpose is education; it is deemed to be a
child-caring institution when nine or more of its pupils or wards in the ordinary course of
events do not return annually to the homes of their parents or guardians for at least two
months of summer vacation.
 Detention Home – 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.
 Shelter-Care Institution – one that provides temporary protection and care to children
requiring emergency reception as a result of fortuitous events, abandonment by parents,
dangerous conditions of neglect or cruelty in the home, being without adult care because
of crises in the family, or a court order holding them as a material witnesses.
 Receiving Home – a family-type home which provides shelter from ten to twenty days
for children who shall during this period be under observation and study for eventual
placement by the department of social welfare.
 Nursery – a child-caring institution that provides care for six or more children below six
years of age for all or part of a twenty-four hour day, except those duly licensed to offer
primarily medical and educational services.
 Maternity Home – an institution or place of residence whose primary function is to give
shelter and care to pregnant women and their infants before, during and after delivery.
 Rehabilitation Center – an institution that receives and rehabilitates youthful offenders
or other disturbed children.
 Reception And Study Center – an institution that receives for study, diagnosis, and
temporary treatment for children who have behavioural problems for the purpose of
determining the appropriate care for them or recommending in other child welfare
agencies.
 Child-Placement Agency – an institution or person assuming the care, custody,
protection and maintenance of children for placement in any child-caring institution or
home or under the care and custody of any person or persons for purposes of adoption,
guardianship or foster care. The relatives of such child or children within the sixth degree
of consanguinity or affinity are excluded from the definition. (Art. 117)

Special Categories of Children

The special categories of children are as follows:

 Dependent Child – one who is without a parent, guardian or custodian; or whose

parents, guardian or custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.
 Abandoned Child – one who has no proper parental care and guardianship, or whose
parents or guardians have deserted him for a period of at least six continuous months.
 Neglected Child – one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:

a. Physical Neglect – when the child is malnourished, ill clad and without proper
shelter. A child is unattended when he left by himself without provisions for his needs
and / or without proper supervision.
b. 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. (Art. 141)
  Mentally Retarded Children – refer to those;
a. Socially incompetent – socially inadequate, occupationally incompetent and unable to
manage their own affairs;
b. Mentally subnormal;
c. Retarded intellectually from birth or early age;
d. Retarded at maturity;
e. Mentally deficient as a result of constitutional origin, through hereditary or disease, and
f. Essentially incurable.

Mental Retardation Is Classified As Follows:

a. Custodial Group – they are least capable group, severely or profoundly retarded, and
with I.Q’s 1-25.
b. Trainable Group – they are unable to acquire higher academic skills, but can usually
acquire the basic skills for living to a reasonable degree; their I.Q’s range from about 25-
50.
c. Educable Group – the degree of successor accomplishment that they will reach in life
depends very much on the quality and type of education they receive, as well as on the
treatment at home and in the community. This group’s I.Q. ranges from about 50 to
about 75.
d. Borderline Or Low Normal Group – this is the highest group of mentally retarded, with
I.Q’s from about 75 to about 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.

 Physically Handicapped Children - those who are crippled deaf-mute, blind, or

otherwise defective which restricts their mean of action or communication with others.
 Emotionally Disturbed Children – those who, although not affected with insanity or
mental defect, are unable to maintain normal social relation with others and the
community in general due to emotional problems or complexes.
 Mentally Ill Children – those with any behavioural disorder, whether functional or
organic, which is of such a degree of severity as to require professional help or
hospitalization.
 Disable Children – shall include mentally retarded, physically handicapped, emotionally
disturbed, and severe mentally ill children. (arts. 168-173)

THE YOUTHFUL OFFENDER

A “youthful offender” is one who is over nine years but under twenty –one years of age at
the time of the commission of the offense.
A child nine years of age or under the time of the offense shall be exempt from the criminal
liability and shall be committed to the care of his or her father or mother, or nearest relative or
family friends in the discretion of the court and subject to its supervision. The same shall be
done for a child over nine years and under fifteen years of age at the time of the commission of
the offense, unless he acted with discernment. (art. 189)

R. A. 7610
(Special Protection of Children against Child Abuse,
 Exploitation and Discrimination)

It is the policy of the state to provide legal protection to children from all forms of abuse,
neglect, cruelty exploitation and discrimination and other conditions, prejudicial to other
development; provide sanctions for their commission and carry out a program for prevention
and deterrence of and crisis intervention in situations of child abuse, exploitation and
discrimination.
The State shall intervene on behalf of the child when the parent, guardian, teacher or person
having care or custody of the child fails or is unable to protect the child against abuse,
exploitation and discrimination or when such acts against the child are committed by the said
parent, guardian, teacher or person is having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which affect or will affect their survival and normal development
and over which they have no control.
The best interests of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the principle of First Call for
Children enunciated in the United Nations Convention of the Rights of the Child. Every effort
shall be exerted to promote the welfare of children and enhance their opportunities for a useful
and happy life. (Sec. 2)

Definition of Terms

 Children – refers to persons below eighteen (18) years of age or those over but unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition.

 Child abuse – refers to maltreatment, whether habitual or not, of the child which
includes any of the following:
a. Psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional
maltreatment;
b. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
d. Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
 Circumstances which gravely threaten or endanger the survival and normal
development of children- include, but not limited to, the following:
a. Being in a community where there is armed conflict related activities;
b. Working under conditions hazardous to life, safety and normal which unduly interfere
with their normal development;
c. Living in or fending for themselves in the streets of urban or rural areas without the care
of parents or a guardian or basic services needed for a good quality of life;
d. Being a member of an indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/ or lacks or has inadequate
access to basic services needed for a good quality of life;
e. Being a victim of a man-made or natural disaster or calamity; or
f. Circumstances analogous to those stated above which endanger the life, safety or
normal development of children.
  Comprehensive program against child abuse, exploitation and discrimination –
refers to the coordinated program of services and facilities to protected children against;
a. Child prostitution and other sexual abuse;
b. Child trafficking;
c. Obscene publications and indecent shows;
d. Other acts of abuses; and
e. Circumstances which threaten or endanger the survival and normal development of
children. (Sec.3)

CHILD TRAFFICKING
Child trafficking is committed by any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and selling of a child for money, or for any
other consideration, or barter. The said person shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall impose in its maximum period when the victim is under
twelve (12) years of age. (Sec.7)

When there is an attempt to commit child trafficking?

1. When a child travels alone to a foreign country without valid reason therefore and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child’s parents or legal guardian;
2. When a pregnant mother executes an affidavit of consent for adoption for a
consideration;
3. When a person. Agency, establishment or child-caring institution recruits women or
couples to bear children for the purpose of child trafficking;
4. When a doctor, hospital or clinic official or employees, nurse, midwife, local civil
registrar, or any other person stimulates birth for the purpose of child trafficking;
5. When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-caring institutions who can
be offered for the purpose of child trafficking.

Obscene Publications and Indecent Shows

Who are liable?

1. Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live or its video, or model in obscene
publications or pornographic materials or to sell or distribute the said materials. The
person shall suffer the penalty of prision mayor in its medium period.
2. Any ascendant, guardian, or person entrusted in any capacity with the care of a child
who shall cause and/or such child to be employed or to participate in an obscene play,
scene, act, movie or show or any other acts under it. The person shall suffer the penalty
of prision mayor in its medium period. (Sec. 9)

Employment of Children
Section 12, Article III of R.A. No. 7610 had already been amended by R.A. No. 7658, dated
July 26, 1993. As amended, Sec.12 shall be as follows:

Children below fifteen (15) years of age shall not be employed except:
1. When a child works directly under the sole responsibility of his parents or legal guardian
and where only members of the employer’s family are employed, provided:
a. That his employment neither endangers his life, safety and health and morals, nor
impairs his normal development; and
 b. That the parent or legal guardian shall provide the said minor child with the prescribed
primary and/or secondary education; or
2. When a child’s employment or participation in public and entertainment or information
through cinema, theatre, radio or television is essential, provided:
a. The employment contract is concluded by the child’s parents or guardian, with the
express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment; and
b. Provided, that the following requirements in all instances are strictly complied with:
1. The employer shall ensure the protection, health, safety and morals of the child;
2. The employer shall institute measures to prevent the child’s exploitation or
discrimination taking into account the system and level of remuneration, and the duration
and arrangement of working time; and
3. The employer shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.

Who may file a complaint?

Complaints on cases of unlawful acts committed against the children as enumerated herein
may be filed by the following:
1. Offended party
2. Parents of guardians
3. Ascendant or collateral relative within the third degree of consanguinity
4. Officer, social-worker or representative of a licensed child-caring institution
5. Officer or social worker of the department of Social Welfare and Development
6. Barangay chairman
7. At least three (3) concerned responsible citizen’s where the violation occurred.

R.A. 9344

JUVENILE JUSTICE AND WELFARE ACT OF 2006

R.A. 9344 is known as the “Juvenile Justice and Welfare Act of 2006 ”

JUVENILE JUSTICE AND WELFARE COUNCIL

COUNCIL RESOLUTION NO. 4

Series of 2006

SUBJECT: RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO.

9344, OR THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006”

The Juvenile Justice and Welfare Council, pursuant to Section 69 of Republic Act
No. 9344, An Act Establishing A Comprehensive Juvenile Justice and Welfare
System, Creating the Juvenile Justice and Welfare Council Under The Department
of Justice, Appropriating Funds Therefor And For Other Purposes (the “Act”),
issues the following implementing rules and regulations:
RULE 1. Title and purpose

These Rules shall be known and cited as the “Rules and Regulations Implementing
Republic Act No. 9344” (the “Rules”). These Rules are promulgated to prescribe the
procedures and guidelines for the implementation of the Act.  Lawcenter.ph

The following State policies shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation building and
shall promote and protect their physical, moral, spiritual, intellectual and social
well-being. It shall inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will
ensure the observance of international standards of child protection, especially
those to which the Philippines is a party. Proceedings before any authority shall be
conducted in the best interest of the child and in a manner which allows the child to
participate and to express himself/herself freely. The participation of children in the
program and policy formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including
proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty and exploitation, and other conditions prejudicial to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the
Child, the State recognizes the right of every child alleged as, accused of,
adjudged, or recognized as, having infringed the penal law to be treated in a
manner consistent with the promotion of the child’s sense of dignity and worth,
taking into account the child’s age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State shall adopt measures
for dealing with such children without resorting to judicial proceedings, providing
that human rights and legal safeguards are fully respected. It shall ensure that
children are dealt with in a manner appropriate to their well-being by providing for,
among others, a variety of disposition measures such as care, guidance and
supervision orders, counseling, probation, foster care, education and vocational
training programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into
consideration the cultural and religious perspectives of the Filipino people,
particularly the indigenous peoples and the Muslims, consistent with the protection
of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies
and programs applicable to children in conflict with the law.
Definition Of Terms

As used in these Rules, the term/s:

(a) “Bail” refers to the security given for the release of the person in custody of
the law, furnished by him/her or a bondsman, to guarantee his/her appearance
before any court.

(b) “Best interest of the child” refers to the totality of the circumstances and
conditions most congenial to the survival, protection and feelings of security of the
child and most encouraging to the child’s physical, psychological and emotional
development. It also means the least detrimental available alternative for
safeguarding the growth and development of the child.

(c) “Child” refers to a person under the age of eighteen (18) years.

(d) “Children at risk” refers to children who are vulnerable to and at the risk of
committing criminal offenses because of personal, family and social circumstances,
such as, but not limited to, the following:

(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling, or
unable to provide protection for the child;

(2) being exploited including sexually or economically;

(3) being abandoned or neglected, and after diligent search and inquiry the parent
or guardian cannot be found;

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a street child;

(7) being a member of a gang;

(8) living in a community with a high level of criminality or drug abuse; and

(9) living in situations of armed conflict.

(e) “Child in conflict with the law” refers to a child who is alleged as, accused of,
or adjudged as, having committed an offense under Philippine laws.

(f) “Community-based programs” refers to the programs provided in a community

setting developed for purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for reintegration into his/her family
and/or community.
(g) “Court” refers to a family court or, in places where there are no family courts,
any regional trial court.

(h) “Deprivation of liberty” refers to any form of detention or imprisonment, or to

the placement of a child in conflict with the law in a public or private custodial
setting, from which the child in conflict with the law is not permitted to leave at will
by order of any judicial or administrative authority.

(i) “Diversion” refers to an alternative, child-appropriate process of determining

the responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background without
resorting to formal court proceedings.

(j) “Diversion Program” refers to the program that the child in conflict with the law
is required to undergo after he/she is found responsible for an offense without
resorting to formal court proceedings.

(k) “Initial contact with the child” refers to the apprehension or taking into
custody of a child in conflict with the law by law enforcement officers or private
citizens.

It includes the time when the child alleged to be in conflict with the law receives a
subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in
cases that do not require preliminary investigation or where there is no necessity to
place the child alleged to be in conflict with the law under immediate custody.

(l) “Intervention” refers to a series of activities designed to address issues that

caused the child to commit an offense. It may take the form of an individualized
treatment program, which may include counseling, skills training, education, and
other activities that will enhance his/her psychological, emotional and psycho-
social well-being.

(m) “Juvenile justice and welfare system” refers to a system dealing with
children at risk and children in conflict with the law, which provides child-
appropriate proceedings, including programs and services for prevention, diversion,
rehabilitation, reintegration and aftercare to ensure their normal growth and
development.

(n) “Law enforcement officer” refer to the person in authority or his/her agent as
defined in Article 152 of the Revised Penal Code, including a barangay tanod.

(o) “Offense” refers to any act or omission whether punishable under special laws
or the Revised Penal Code, as amended. It includes violations of traffic laws, rules
and regulations, and ordinances of local government units.

(p) “Recognizance” refers to an undertaking in lieu of a bond assumed by a parent

or custodian who shall be responsible for the appearance in court of the child in
conflict with the law, when required.
(q) “Status Offenses” refers to offenses which discriminate only against a child,
while an adult does not suffer any penalty for committing similar acts. These shall
include curfew violations, truancy, parental disobedience and the like.

(r) “Victimless Crimes” refers to offenses where there is no private offended

party.

(s) “Youth Detention Home” refers to a 24-hour child-caring institution managed

by accredited LGUs and licensed and/or accredited NGOs providing short-term
residential care for children in conflict with the law who are awaiting court
disposition of their cases or transfer to other agencies or jurisdiction; also referred
in these Rules as “Youth Home.”

(t) “Youth Rehabilitation Center” refers to a 24-hour residential care facility that
provides children in conflict with the law with care, treatment and rehabilitation
services under the guidance of trained staff where children in conflict with the law
on suspended sentence, or “residents,” are cared for under a structured therapeutic
environment with the end view of reintegrating them in their families and
communities as socially functioning individuals; also referred in these Rules as
“Youth Center.”

Rights of the child in conflict with the law

Every child in conflict with the law shall have the following rights, including but not
limited to:

(a) The right to be treated with humanity and respect for the inherent dignity of the
person, and in a manner which takes into account the needs of a person of his/her
age;

(b) The right not to be subjected to torture or other cruel, inhuman or degrading
treatment or punishment;

(c) The right not to be imposed a sentence of capital punishment or life

imprisonment, without the possibility of release;

(d) The right not to be unlawfully or arbitrarily deprived of his/her liberty; That
detention or imprisonment being a disposition of last resort, shall be for the
shortest appropriate period of time;

(e) The right to be separated from adult offenders at all times

  (f) The right to maintain contact with his/her family through correspondence and
visits save in exceptional circumstances;
(g) The right to prompt access to legal and other appropriate assistance, as well as
the right to challenge the legality of the deprivation of his/her liberty before a court
or other competent, independent and impartial authority, and to a prompt decision
on such action;

(h) The right to bail and recognizance, in appropriate cases;

(i) The right to testify as a witness in his/her own behalf under the rule on
examination of a child witness;

(j) The right to have his/her privacy respected fully at all stages of the

proceedings;

(k) The right to diversion if he/she is qualified and voluntarily avails of the same;

(l) The right to be imposed a judgment in proportion to the gravity of the offense
where his/her best interest, the rights of the victim and the needs of society are all
taken into consideration by the court, under the principle of restorative justice;

(m) The right to have restrictions on his/her personal liberty limited to the minimum,
and where discretion is given by law to the judge to determine whether to impose
fine or imprisonment, the imposition of fine being preferred as the more appropriate
penalty;

(n) In criminal prosecutions, the rights:

(1) Not to be held to answer for a criminal offense without due process of law;

(2) To be presumed innocent until the contrary is proved beyond

reasonable doubt;

(3) To be heard by him/herself and counsel;

(4) To be informed promptly and directly of the nature and cause of the accusation
against him/her, and if appropriate, through his/her parents or legal guardian;

(5) To be present at every stage of the proceedings, from arraignment to

promulgation of judgment;

(6) To have legal and other appropriate assistance in the preparation and
presentation of his/her defense;

(7) To testify as a witness in his/her own behalf and subject to cross examination
only on matters covered by direct examination, provided that the Rule on the
Examination of a Child Witness shall be observed whenever convenient and
practicable.
(8) Not to be compelled to be a witness against he/she and his /her silence shall
not in any manner prejudice him/her;

(9) To confront and cross-examine the witnesses against him/her;

(10) To have compulsory process to secure the attendance of witnesses and

production of other evidence in his/her behalf;

(11) To have a speedy, impartial and public trial, with legal or other appropriate
assistance and preferably in the presence of his/her parents or legal guardian,
unless such presence is considered not to be in the best interests of the juvenile
taking into account his/her age and other peculiar cirumstances;

(12) To appeal in all cases allowed and in the manner prescribed by law; and

(13) To be accorded all the rights under the Rule on Examination of a Child
Witness.

These rights of children in conflict with the law shall serve as guiding principles in
the administration of the Juvenile Justice and Welfare System.

Children of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)

Consistent with Section 15 of Republic Act No. 8371 or “The Indigenous Peoples
Rights Act of 1997,” ICCs/IPs shall, in dealing with children in conflict with the law,
have the right to use their own commonly accepted justice systems, conflict
resolution institutions, peace building processes or mechanisms and other
customary laws and practices within their respective communities and as may be
compatible with the national legal system and with internationally recognized
human rights.

The Juvenile Justice and Welfare Council (JJWC), created under Section 8 of
the Act, shall ensure the effective implementation of the Act, including these Rules.
In fulfilment of this mandate, the JJWC shall ensure the effective coordination
among the following agencies, the duties and responsibilities of which are found in
Part XVII of these Rules:

(a) Council for the Welfare of Children;

(b) Department of Education;

(c) Department of the Interior and Local Government;

(d) Public Attorney’s Office;

(e) Bureau of Corrections;

(f) Parole and Probation Administration;

(g) National Bureau of Investigation;

(h) Philippine National Police;

(i) Bureau of Jail Management and Penology;

(j) Commission on Human Rights;

(k) Technical Education and Skills Development Authority;

(l) National Youth Commission; and

(m) Other institutions focused on juvenile justice and intervention programs, as

may be determined by the JJWC.

Composition

As provided in Section 8 of the Act, the JJWC shall be composed of representatives

of the following departments or agencies:

(a) Department of Justice (DOJ);

(b) Department of Social Welfare and Development (DSWD);

(c) Department of Education (DepEd);

(d) Department of the Interior and Local Government (DILG);

(e) Council for the Welfare of Children (CWC);

(f) Commission on Human Rights (CHR);

(g) National Youth Commission (NYC); and

(h) Two (2) representatives from non-government organizations (NGOs), one to be

designated by the Secretary of Justice and the other to be designated by the
Secretary of Social Welfare and Development.

LOCAL COUNCILS FOR THE PROTECTION OF CHILDREN

Local Councils for the Protection of Children

Establishment
All levels of local government shall have Local Councils for the Protection of
Children (LCPCs) as provided in Section 15 of the Act. The LCPC in each level of
local government unit (LGU) is:

(1) Province – Provincial Council for the Protection of Children (PCPC);

(2) City – City Council for the Protection of Children (CCPC);

(3) Municipality – Municipal Council for the Protection of Children (MCPC); and

(4) Barangay – Barangay Council for the Protection of Children (BCPC).

In LGUs where LCPCs are not yet established, the concerned LGU shall
immediately establish an LCPC upon the effectivity of the Act and ensure that it is
performing its duties and responsibilities as provided in these Rules.

Where they have been established, the LCPCs shall be strengthened by their

respective LGUs.

INITIAL CONTACT WITH THE CHILD

a. What constitutes initial contact?

Initial contact refers to the apprehension or taking into custody of a child in

conflict with the law by law enforcement officers or private citizens.

It includes the time when the child alleged to be in conflict with the law receives
a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in
cases that do not require preliminary investigation or where there is no necessity to
place the child alleged to be in conflict with the law under immediate custody.

b. If initial contact by private citizens or non-law enforcement officers

In the event a child in conflict with the law is apprehended or taken into custody
by private citizens, the child shall be immediately referred to the appropriate law
enforcement officer for the child to undergo the proper investigation as provided in
the succeeding Rules.

Procedure for taking child into custody

From the moment the child is taken into custody, the law enforcement officer shall
faithfully observe the following procedure as provided in Section 21 of the Act:

(a) Properly identify him/herself and present proper identification to  

the child.
(b) Immediately notify the child’s parents/guardians, the local social welfare and
development officer (LSWDO), and the Public Attorney’s Office of the child’s
apprehension. The notification shall be made not later than eight (8) hours after
apprehension.

(c) Explain to the child in simple language and in a language or dialect that he/she
can understand:

(1) The reason for placing the child under custody;

(2) The offense that he/she allegedly committed; and

(3) His/her constitutional rights.

(d) Immediately start the determination of the age of the child in accordance with
the guidelines provided in Rule 30 below.

(e) Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the same.

(f) Turn over the custody of the child to the LSWDO or other accredited
nongovernment organizations immediately but not later than eight (8) hours after
apprehension. The turn over of custody shall be done within the same eight (8)
hours referred in item (b) under this Rule. However, in cases where the child is
found to be below the age of criminal responsibility as defined in Section 20 of the
Act, the law enforcement officer shall immediately release the child to his/parents
in accordance with Rule 31 below. The turnover of children below the age of
criminal responsibility to parents notwithstanding, the law enforcement officer shall
proceed with the initial investigation, where appropriate.

The above procedure must be conducted in strict observance of the prohibitions

provided in Section 21 of the Act and in Rule 28 below while the law enforcement
officer is in custody of the child.

A child in conflict with the law shall only be searched by a law enforcement officer
of the same gender as prescribed in Section 21 of the Act.

Initial investigation
a. Nature and objective of the investigation

The initial investigation is the stage after initial contact when the law enforcement
officer takes the statement of the child in conflict with the law.

The law enforcement officer shall, in the conduct of the initial investigation,
determine where the case involving the child in conflict with the law should be
referred.

b. Who conducts; who are present

As provided in Section 22 of the Act, the law enforcement officer, specifically from
the Women and Children Protection Desk where present, shall take the statement
of the child during the initial investigation, which shall be conducted in the
presence of the following:

(1) Child’s counsel of choice or in the absence thereof, a lawyer from the Public
Attorney’s Office;

(2) Child’s parents, guardian, or nearest relative, as the case may be; and  
(3) LSWDO.

In the absence of the child’s parents, guardian, or nearest relative, and of the
LSWDO, the investigation shall be conducted in the presence of a representative of
an NGO or faith-based group, or a member of the BCPC.

c. How the statement of the child is taken

In taking the statement of the child, the law enforcement officer shall observe the
following guidelines:

(1) The investigation shall be child friendly and be conducted in a nonintimidating

manner.

(2) The interview of the child shall be conducted in a separate interview room to
make the child feel comfortable and free to express him/herself.

(3) The law enforcement officer shall use simple and understandable

language in taking the statement of the child during the initial investigation.

(4) The law enforcement officer shall allow the LSWDO, or the persons

taking his/her place as above enumerated, to actively assist in conducting the

initial investigation.

(5) There should be enough privacy to avoid unnecessary interruptions, distractions

and/or participation from non-parties that could humiliate or make the child
uncomfortable.

(6) The written statement to be prepared shall reflect the language used by the
child and not the language used by the law enforcement officer.

The initial investigation shall be conducted in the best interest of the child and in a
manner which allows the child to participate and to express him/herself freely.

Where the case shall be referred?

After the initial investigation, the law enforcement officer shall determine if the
case of the child shall be referred to:
(1) The LSWDO for intervention in accordance with Section 20 of the Act and Part
VII of these Rules if the child is:

(a) Fifteen (15) years old or below; or

(b) Above 15 but below 18 years of age and acted without discernment.

(2) Diversion, in accordance with Section 23 of the Act and Part VIII of these Rules,
under the:

(a) Law enforcement officer if the child is above 15 but below 18 years of age,
acted with discernment and allegedly committed an offense with an imposable
penalty of not more than six (6) years of imprisonment; or

(b) LSWDO if the child is above 15 but below 18 years of age, acted with
discernment and allegedly committed an offense that is a victimless crime with an
imposable penalty of not more than six (6) years of imprisonment.

(3) The prosecutor or judge if the child is above fifteen (15) but below 18 years of
age, acted with discernment and allegedly committed an offense with an imposable
penalty of more than six (6) years of imprisonment.

The report on the initial investigation as required under Rule 23.f. shall state where
the case shall be referred and the basis for such disposition, which include the
following information:

(1) The nature of the offense allegedly committed by the child;

(2) The corresponding imposable penalty for the commission of the offense; and

(3) Where the case of the child shall be referred in the event of an assessment that
the child acted with discernment as provided in Rule 34.

Turnover of Custody

In all cases, the law enforcement officer shall turn over the physical custody of the
child to the LSWDO within eight (8) hours from apprehension, as required under
Section 21(i) of the Act. The physical custody of the child shall be transferred to
the LSWDO even if the law enforcement officer has not yet exhausted all measures
to determine the age of the child under Rule 30 and even if the initial investigation
under Rule 23 has not yet been terminated.

After the physical custody of the child is turned over, the LSWDO shall then explain
to the child and the child’s parents/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, as required by Sec. 21(i) of the Act.
In the event a child whose custody is turned over by the law enforcement officer is
fifteen (15) years old or below, the LSWDO shall take all measures to release the
child to the parents or guardians, or to any of the persons or organizations
provided in Rule 31.b, and proceed with the development of appropriate programs
as provided under Part VII of these Rules.

Pending Turnover of Custody

Pending the turnover of the custody of the child to the parents, guardians or the
LSWDO, as in cases when the child is apprehended at night time or during
weekends, the law enforcement officers shall ensure that the child shall be
temporarily secured in an area separate from that of the opposite sex and adult
offenders and not put in the detention cell or jail. The temporary physical custody
of child in such cases may also be given to a duly registered NGO, i.e., licensed
and accredited by the DSWD, a faith based organization, a barangay official, or a
member of the BCPC.

Duty to maintain confidentiality and privacy

From the time he/she takes custody of the child in conflict with the law, the law
enforcement officer shall handle the case of the child with utmost confidentiality.
Particularly, the law enforcement officer shall:

(a) Use a system of coding that provides aliases for children taken into custody;

(b) Maintain a separate logbook for children in conflict with the law;

(c) Exclude the public, particularly the media, from the area where the child is
being held in custody pursuant to Section 43 of the Act;

(d) Not provide any detail or information to the public, particularly the media that
shall lead to the identity of the child;

(e) Keep the results of the medical examination confidential; and

(f) Mark the records of the child and the report on the initial investigation as
confidential.

The law enforcement officer shall direct the media to observe the Guidelines for
Media Practitioners on the Reporting and Coverage of Cases Involving Children
issued by the Special Committee for the Protection of Children.

Discernment
Discernment is the mental capacity to understand the difference between right
and wrong and its consequences.
Initial assessment of discernment

The LSWDO, after the law enforcement officer refers the records of a child who is
fifteen (15) years old or above but below eighteen (18) years old as provided in
Rule 25.f, shall prepare a report indicating an assessment if the child acted with
discernment for the purpose of determining whether to proceed with intervention
under Sec. 20 of the Act (Part VII of these Rules) or with diversion under Chapter 2
of the Act (Part VIII of these Rules).

DIVERSION FOR CHILDREN WHO ACTED WITH DISCERNMENT

Concept/Principles of Diversion

 Diversion refers to an alternative, child-appropriate process of determining

the responsibility and treatment of a child in conflict with the law on the basis
of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.

In implementing diversion, the following principles shall be considered:

(a) Use of positive measures;

(b) Full mobilization of all possible resources, which include the family, volunteers,
schools and other community institutions;

(c) Effective, fair and humane dealing with the child; and

(d) Promotion of the well-being of the child.

Who shall undergo; venue of diversion

Pursuant to Section 23 of the Act, the child in conflict with the law shall undergo
diversion proceedings if he/she:

(a) Is above fifteen (15) years but below eighteen (18) years of age;

(b) Acted with discernment; and

(c) Allegedly committed an offense with an imposable penalty of not more than six
(6) years of imprisonment if diversion is conducted at the barangay, police or
prosecutor’s level, and not more than twelve (12) years of imprisonment, if
diversion is resorted to by the court.

Effectively

These Rules shall take effect fifteen (15) days from the date of its complete
publication in a national newspaper of general circulation. Lawcenter.ph
 

Manila, Philippines, 15 August 2006,