CHAPTER 2

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter includes the ideas, finished thesis, generalization or

conclusions, methodologies and other. Those that were included in this
chapter helps in familiarizing information that are relevant and similar to the
present study.
Foreign literature

According to David, L. (2014). The study mentions, within the

introduction, factors such as unemployment rates, high school dropout rates,
poverty, and juvenile delinquency case rates in the United States, which are
actually the variables that are used in the study to illustrate a relationship
between them and the current trend in juvenile delinquency. In establishing
the link, the paper does a brief literature review of various perspectives
associated with juvenile delinquency and mentions some hypotheses that
are relevant to the study.

The study examines trends in juvenile delinquency in Hungary and

internationally, focusing on structural changes and potential psychological
explanations. It investigates the impact of social, economic, demographic,
and legislative factors on juvenile delinquency and explores the potential for
cybercrimes involving juveniles. The study also addresses data quality and
diversity challenges and provides a partial explanation of criminological and
criminal psychological reasons behind crime commission. Baráth. (2023).

In the early 1990s, rising juvenile delinquency rates provoked a change

in the general public’s opinion of the people committing the violations.
Juvenile offenders, in particular, were represented as “vicious
superpredators,” fueling the perception of justice-involved youth as
increasingly unpredictable, and the justice system as being inadequate. This
idea led to a huge shift in the approach to crime prevention and punishment
both on the state and the federal level. Reaction from lawmakers was largely
swift and severe. Many states passed laws that shifted the focus of juvenile
sentences to more punitive punishments rather than rehabilitative ones.
Such legislation often included measures that lowered the age that youth
could be prosecuted as adults, as well as broadening the offenses that were
applicable for transfer to the criminal justice system. Orbis (2021)

The criminal orientation of minors is formed in dysfunctional families

and increases with Internet access. Recidivism does not decrease and the
youth subculture "A.U.E." has a negative impact on this process. To prevent
juvenile delinquency, measures should focus on increasing the prestige of
the family, training specialists, monitoring the formation and development of
criminal subcultures, improving post-penitentiary assistance and preparing
minors for release from an educational colony. Minster, M., & Kuznetsova, M.
(2023).

The article discusses the extent and trends of juvenile delinquency in

the US and Poland. The text also deals with various types of statistics and
databases that we can use when describing the phenomenon of crime.
Despite different demographic trends, in both countries we are observing a
downward trend in the broadly understood juvenile delinquency, which is
considered to be the aggregate of delinquent acts and status offenses. In the
USA, in 1980-2017 the number of arrests decreased by 59.8%, while in
Poland the decrease in the number of delinquents - taking into account the
period 2000-2018 - amounted to 30%. The most significant impact on the
decreasing level of juvenile delinquency in both countries had a decrease in
the number of property crimes. Maciej, B., & Bernasiewicz, N. (2020)
Local literature

Juvenile delinquency trends in Bahay Pag-Asa reflect a complex

interplay of socio-economic factors, family dynamics, and the effectiveness
of rehabilitation programs. Research indicates that children in conflict with
the law (CICL) often come from lower socio-economic backgrounds, where
issues like overcrowding and broken homes significantly contribute to
delinquent behavior (Palomares, 2018).

This study aims to determine the experiences of the personnel/house

parents in handling and managing varied in-house personalities inside the
BahayPag-asa legally known as the Children in Conflict with the Law (CICL)
and Children at Risk (CAR). The findings of this study will help inform the
public about the experiences and the predicaments of the house parents so
that they will be given more attention and will be provided with more support
in the future. The researchers observed that most past literature has only
focused on the status of children inside the facilities such as the social and
welfare services rendered to them or the condition of the facility itself.
However, little is known from the viewpoint of the Bahay Pag-asa
personnel/house parents. Moreover, there is little existing literature that
presents the experiences of personnel/house parents in handling varied in-
house personalities of the BahayPag-asa. (Managing Children at the Bahay
PAG-ASA: Experiences of the Personnel Handling Varied In-House
Personalities - International Journal of Research and Innovation in Social
Science, 2023)

Moreover, Bahay Pag-Asa centers are committed to implementing

comprehensive intervention programs that begin at an early age, with the
ultimate aim of proactively preventing recidivism and delinquent behavior
during adolescence and adulthood. These centers adopt a holistic
intervention approach, considering individuals in their entirety. This approach
encompasses not only mental health but also physical, social, emotional, and
spiritual well-being. The program encompasses a range of activities,
including therapy, skill development, alternative learning, instruction,
recovery, and family reintegration, as outlined by the Juvenile Justice and
Welfare Council of the Republic of the Philippines in 2017. These
programmatic techniques and systematic social protection initiatives are
designed to enhance children’s physical and social well-being, proactively
deter juvenile delinquency, and interrupt or prevent re-offending, as
indicated by Fabre et al. (2016).
This study determined the five-year trends of Children in conflict with
the law in Ozamiz City using the available historical data from 2017-2021.
The study employed retrospective method of research. Retrospective study,
the data obtained is from records and the result of interest has already
occurred. However, the Philippine National Police in Ozamiz City will offer the
study’s relevant data. According to the findings, the most common offense
committed by the children is theft while act of lasciviousness is the least.
It is suggested that highlighting the most effective programs that will help
the Children in Conflict with the Law during the rehabilitation process. (Jhon
Rey J. Branzuela et al.2023)
Twenty-one rehabilitated youth admitted from June to October 2018
participated in the study. All of them are permanent residents of Cabanatuan
City, Central Luzon, Philippines. Results showed that diversion program,
vocational training, livelihood skills training, fun games and sports
development were perceived to be more effective than other methods while
cleanliness drives are effective as it is understood as a punishment rather
than restorative. The effective program provided formal and non-formal
education, better ways in dealing with one's emotions; explore one’s
strengths and weaknesses and economic empowerment. According to
program implements, challenges faced in the program were casework and
limited financial assistance. Rehabilitated youth reported to have adapted a
better perspective in life and are coping with problems well. Follow-up
programs must be conducted to ensure the success of children in their
community as well in school. (Manuel, 2019)

Foreign study

Krohn 2015 discusses the policy and justice system trends of the last
few decades, including the way that states tried to curb the incorrectly
anticipated rise in juvenile crime and the changes in the number and
characteristics of youths who are processed in both the juvenile and adult
justice systems. The United States has generally treated juvenile lawbreakers
(younger than 18 years old) differently from criminal adults at least since the
early 1800s, when Houses of Refuge were established to hold troubled and
delinquent children. In the 1980s and 1990s, juvenile crime became
increasingly worrisome to policymakers and practitioners in the US, who
scrambled to get out ahead of what they considered to be a rapidly
escalating problem. Even during the get-tough movement, the vast majority
of youths remained in the juvenile justice system but the system was
modified to make it tougher on young offenders.

Juvenile delinquency is a serious offence and it is detrimental for the

social order in any country. There is a trend of increase in juvenile crimes
world-over, with more and more involvement of the youth in violent crimes.
India shows similar trends of increasing rate of violent crimes committed by
the juveniles. It is a very serious concern for the nation and solutions to end
the problem need to be sought very carefully. Indian legal system and
judiciary has responded to these trends and has brought some amendments
in the laws pertaining to juvenile justice in India. This paper aims at looking
at the causes of juvenile delinquency and explanations given by scholars
from various fields to explain the problem. The analysis of statistical data
available at official sites indicates increasing involvement of the juveniles in
heinous crimes. To contain the problem of juvenile delinquency in India, the
Act pertaining to Juvenile Delinquency has been amended and now trial of
juveniles involved in heinous crimes is held as adults. Agarwal, D. (2018)

According to Allen (2022). This paper provides a comprehensive

historical analysis of policies, theories and approaches to juvenile
delinquency. It also examines the deficits and advantages of the application
of adult based criminological theory as a means of explaining, and irradiating
juvenile crime. Additionally, the author explores the dynamics of the
definition of childhood, the pervasiveness of the mistreatment of children,
and how these ever-evolving conditions have impacted juvenile justice policy.
Moreover, the paper dissects classical, positivist, and neo-classical
criminological theories efforts to explain society's response to juvenile crime.
In the conclusion, the author draws implications to contemporary approaches
to the treatment of juvenile delinquency based in the positivist school of
thought. Finally, the author discusses the significance of understanding the
historical implications for policymakers and practitioners.

Due to this trend, legal definition of child under Indian legal system
came under question also feels that with trend of involvement of juveniles in
violent crimes in India, state intervention is required in terms of making
amendments and in terms bringing in new legal provisions. The new Juvenile
Justice Act of 2015 took into cognizance the involvement of juveniles in
heinous crimes and brought out some amendments. Under the new legal
provisions, if a child of 16 years or above commits a heinous crime, a
preliminary assessment of his mental and physical maturity will be made by
the Juvenile Justice Board. Level of maturity will be matched to his capacity
to commit such an offence, his ability to understand the consequences of his
offence and the circumstances in which he allegedly committed the offence.
Tyagi (2016)

Data collected by the U.S. Department of Justice Office of Juvenile

Justice and Delinquency Prevention (OJJDP) and other sources are presented
to examine juvenile crime trends beginning as early as the 1960s. To provide
context, demographics of the United States adolescent population is
discussed, including trends based on age, gender, race, and type of crime.
Violent crime and homicide rates are explored. Recent trends in juvenile
courts and cases where adolescents and children are tried as adults are
considered. Additionally, multiple facets of facilities that care for young
offenders and the services they provide are described. Adams (2021)
Local study

This study mainly aimed to identify and evaluate the existing intervention
programs to provide insightful information about the current state of children
in conflict with the law and to propose measures for enhancement of the
intervention programs in the selected barangays to better cater the needs of
the CICL in the City of Cabuyao, Laguna. The researchers utilized a
phenomenological research design under qualitative method and purposive
sampling to select the seven (7) qualified Violence Against Women and
Children Officers appointed to implement the existing intervention programs
and had been facilitating for at least more than a year. A validated semi-
structured interview with open-ended questions was used to gather data and
thematic analysis was employed for the evaluation. Gonzales, I. et. al (2023).

The study concludes that building strong relationships with children

based on trust, respect, communication, and empathy is critical to the
children’s development and progress as well as to their relationship between
the house parents. Furthermore, special approaches may be necessary in
handling these children given their trauma and mental health issues. In other
words, insufficient resources make it challenging to provide adequate care
and assistance. The researchers recommend that house parents at Bahay
Pag-asa receive basic trainings on handling juvenile delinquents, strategies
for managing challenging behaviors, and techniques for promoting positive
behavior. They also suggest providing stress-relieving activities for the house
parents, such as counseling sessions, mindfulness practices, and self-care
opportunities, to prevent burnout and promote their ability to care for the
children in a safe and nurturing environment. (Bongbong et al., 2023)
This study was conducted to record the perception of the Children-in-
conflict with the Law (CICL). The services assessed the following: Physical,
Moral, Spiritual, Intellectual, and Social Well-being; it further assesses the
effectiveness delivered by the RRCY and whether RA 9344 rehabilitates at
the Regional Rehabilitation Center for the Youth (RRCY) in Argao, Cebu. The
study participants were then identified as Children-in-conflict with the law
(CICL) who come from the Province of Bohol. It was, however, a short-term
interview with the participants, limited to the perception of the CICL, their
parents, and the staff while the CICL were undergoing rehabilitation thereat.
The study revealed the effectiveness of the services delivered by the RRCY
and the narrative of the respondents, RA 9344 rehabilitates. Thus, continuity
in the services rendered by the rehabilitation center and that of the
community shall be reintegrated. Therefore, a Barangay-based Reintegration
Program is recommended. (Oppus & Trabajo, 2019).
A study supports this result, which states that the children experienced
several
stressors, particularly about the status of their cases, the situation of their
families back home, their modular learning, and their mutual relationships.
Nevertheless, the children employed active and positive coping mechanisms
to alleviate their worries. Specifically, these were performing productive
tasks, engaging in recreational activities, seeking social support, and
spiritual activities (Valera, 2022).
Given these considerations, Bahay Pag-Asa plays a crucial role in the
overall Juvenile Justice system of the Philippines. Experts recommend the
continuous implementation of these programs to ensure the proper
rehabilitation and restoration of children in conflict with the Law.
Furthermore, the utilization and enhancement of these initiatives contribute
significantly to the character and personality development of these children
(Aala et al., 2013). Additionally, a collaborative effort between detention
center personnel, parents, and community groups is necessary to address
this issue. (Turner, 2019)