Crim-5 - 2

HISTORY OF JUVENILE DELINQUENCY
ANCIENT JEWISH LAW- the Talmud 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
and thirteen for males. In addition, no capital punishment is to be imposed on those offenders under twenty years of age.
CODIFICATION OF ROMAN LAW- in 5th century B.C. this law was resulted in the “Twelve Tables”, children were
criminally responsible for violation of law and were to be dealt with by the same criminal justice system as adults. Under
this law, children came to be classified as “infans” or “Proximus Infantiae”. In general, “infans” (7 years old below) were
not held criminally responsible, but those approaching puberty(above 7 to 14 for boys and above 7-12 for girls) liability
was based on their capacity to understand the difference between right and wrong.
ANGLO SAXON COMMON LAW (LAW BASED ON CUSTOM OR USAGE)- children under the age of 7 were
presumed incapable of forming criminal intent and therefore were not subject to criminal sanctions. Children between 7-
14 were not subject to criminal sanctions unless it could demonstrated that they had formed criminal intent understood the
consequences of their actions, and could distinguish right from wrong. Children over 14 were treated much the same as
adults.
MIDDLE 19TH CENTURY- the middle of the 19th century included the child-saving movement. Concerned citizens
eventually formed a social activist group called Child Savers, who believed that children were born good and became bad.
Juvenile children were blamed on bad environment. This lead to the creation of the doctrine Parens Patriae.
Note: Parens Patriea is a doctrine that does not consider delinquents as criminal violation, thus making delinquents non-
criminal persons and cannot be found guilty of a crime and punished like an adult criminal. This doctrine viewed minors
who violate the law as victims of improper care, custody and treatment at home. Thus, in parens patriea, the State
becomes the father.
LAW ACT OF 1601- provided for involuntary separation of children from their impoverished parents, and these children
were then placed in bondage to local residents as apprentices.
In the Philippine Settings

PD 603- “The Child and Youth Welfare Code”- under the said law, a person who is over nine but under twenty one years
of age at the time of the commission of the offense who committed a crime is known as a YOUTHFUL OFFENDER
Take Note: this provision was later amended by PD 1179. Under the said law, it defines a youthful offenders as a child,
minor or youth, including one who is emancipated in accordance with law who is over 9 years but under 18 years of age at
the time of the commission of the offense.
R.A. 9344- 15 and below are exempted from criminal liability while over 15 and below 18 are likewise exempted unless
acted with discernment and this child are called “Child in Conflict with law”
PERSONALITIES AND DATES

POPE CLEMENT XI- in 1704 in Rome, established the Hospital of St. Michael’s, the first institution for the treatment of
juvenile offenders. The stated purposes of the hospital was to correct and instruct unruly youth so they might become
useful citizen
ROBERT YOUNG- in 1788 established the first private separate institution for youthful offenders in England. The goal of
the institution was to educate and instruct in some useful trade or occupation the children of convicts or such other infant
poor as engaged in a vagrant and criminal course of life.
ALBERT K. COHEN- the first man who attempted to find out the process of beginning of the delinquent subculture.
KINGWOOD REFORMATORY- this was established for the confinement of the “hordes of unruly children who infested
the streets of new industrial towns of England.
NEW YORK COMMITTEE ON PAUPERISM- in 1818, the committee gave the term “juvenile Delinquency” its first
public recognition by referring it as a major cause of pauperism.
1899- the first Juvenile or family court was established in Cook County Illinois.
1899-1967- this has been referred to as the era of “socialized juvenile justice”
HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT

BRIDEWELLS- it was the first houses of corrections in England. They confined both children and adults considered to be
idle and disorderly.
HOSPICE OF SAN MICHAELE- Saint Michael was first established in 1704. John Howard a reformer, brought to
England from Rome a model of the first institution for treating juvenile offenders. He was often thought of as the father of
prison reform.
HOUSE OF REFUGE- it was situated in New York in 1825. It was opened to house juvenile delinquents, who were
defined in its charter as “youths convicted of criminal offenses or found in vagrancy”.
SIGNIFICANT CASES CONCERNING JUVENILE DELINQUENCY

1. IN RE WINSHIP- it established proof beyond a reasonable doubt as the standard for juvenile adjudication proceedings,
eliminating lesser standards such as a preponderance of the evidence, clear and convincing proof and reasonable proof.
They established that a jury trial is not a required part of due process in the adjudication of the youth as delinquent by a
juvenile court.
2. BREED V. JONES- it recognized that a juvenile cannot be adjudicated in a juvenile court and then tried for the same
offense in an adult criminal court. (double jeopardy)
3. KENT V. UNITED STATES- it provided the procedural requirements for waiver to criminal court as articulated by the
U.S. Supreme Court.
4. IN RE GAULT (1967)- the court held that juvenile courts must provide the basic procedural protection that the Bill of
Rights guarantee to adults, including timely advance notice of charges, the right to either retained or appointed counsel,
confrontation and cross examination of adverse witnesses, self—incrimination, and the right to remain silent.
5. 1977, AMERICAN BAR ASSOCIATION- it endorsed decriminalization of status offenses, urging that juvenile
delinquency liability should include only such conduct as would be designated a crime if committed by an adult.
6. SCHALL V. MARTIN (1984)- the Supreme Court upheld the state’s right to place juveniles in preventive detention.
Preventive detention was perceived as fulfilling a legitimate state interest of protecting society and juveniles by detaining
those who might be dangerous to society or to themselves.
FACTORS AFFECTING JUVENILE DELINQUENCY

INDIVIDUAL RISK FACTORS- include intelligence, impulsiveness or the inability to delay gratification, aggression,
empathy, and restlessness.
FAMILY- the first and the basic institution in our society for developing the child’s potential, in all its many aspects like
emotional, intellectual, moral, and spiritual as well as physical and social. The following are some of the causes of
delinquency as influence of family;
 The faulty development of a child
 Lack of Parental Guidance
 Lack of love and the instinct of hate or anger due to unfair treatment
 Parental rejection
 Broken home
 Parental abuse or neglect
 Criminal parents or siblings
ENVIRONMENT- it is where the child influences after his first highly formative years. Youth in the community turns to
become delinquent with companions. Some of these causes are the following:
 Association with criminal groups/gangs

 Alcoholism and drug addiction
 Impulse of fear
 Crime inducing situation that caused criminalistic tendencies
 Imitated instinct like selfishness, violence and anti-social wishes.
SCHOOL- a public instrument for training young people. It is a principal institution for development of a basic
commitment by young people to the goals and values of our society.
OTHER DEPARTMENT OR AGENCIES OF THE GOVERNMENT- some of the department and agencies of the
government also creates factors that influence the youth to become delinquent, such as the following:
 Political interference of the higher positions

 Unfair decisions of the court
 Police carelessness and unfair treatment
 Influence from the newspapers, movies, tv, radio, comic, and other magazine
THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN

1. THE CRIMINAL GANG- emerge in areas where conventional as well as non-conventional values of behavior are
integrated by a close connection of illegitimate and legitimate businesses. This type of gang is stable than the ones follow.
Older criminals serve as role models and they teach necessary criminal skills to the youngsters.
2. THE CONFLICT/VIOLENT GANG- non-stable and non-integrated, where there is an absence of criminal organization
resulting in instability. This gang aims to find reputation for toughness and destructive violence.
3. THE RETREATIST GANG- is equally unsuccessful in legitimate as well as illegitimate means. They are known as
double failures, thus referring into a world of sex, drugs, and alcohol.

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HISTORY OF JUVENILE DELINQUENCY

In the Philippine Settings

PERSONALITIES AND DATES

HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT

SIGNIFICANT CASES CONCERNING JUVENILE DELINQUENCY

FACTORS AFFECTING JUVENILE DELINQUENCY

 Association with criminal groups/gangs

 Political interference of the higher positions

THREE TYPES OF DELINQUENT GANGS BY CLOWARD AND OHLIN

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