Juvenile Delinquency

and Juvenile Justice

System

JAYSON A. BADAJOS,
RCRIM
Juvenile Delinquency
Overview
“I believe the best services to the child is the
service closest to the child, and children who
are victims of neglect, abuse, or abandonment
must not also be victims of bureaucracy. They
deserve our devoted attention, not our divided
Juvenile
Person who has not reached
adulthood or the age of majority (usually
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.
Juvenile
Delinquency
Refers to criminal acts performed by
juveniles. It is also an anti-social behavior or
act which differs from the normal model of set
of laws and parameters, culture, custom which
society in broad-spectrum does not conform.
Juvenile delinquency generally refers to youth
behavior which is against norm and
regulations of society, which if left unchecked
would give rise to criminality.
 It is also a legal term that was defined in
1889, when Illinois passed the first law on
Juvenile Delinquency which specifies various
specific kinds of delinquency in addition to the
offenses covered by the criminal laws. Since
then, every state has passed the delinquency
laws.
 Juvenile Delinquency is also defined as
actions that violate the law, committed by a
person under the legal age of majority.
 Juvenile
Crime is a terminology used to
generally denote various offenses
committed by children or youths
under the age of 18.
• Vandalism
• Shoplifting
• Alcohol
Infraction
• Drug
Possession
Juvenile
Delinquent
Is one who repeatedly commits
crime; however, these juvenile
delinquents could most likely have
mental disorder/behavioral issues such
as schizophrenia, post-traumatic stress
disorder or bipolar disorder
Juvenile
Delinquent
A behavioral disorder which is
generally defined as “ a child trying or
pretending to act like a grown up or
adult “. The action of the child can be
seen as a childish foolish behavior but it
can cause serious worry and concern.
Deviant
Behavior
Refers to a behavior that does not
conform to norms. These are behaviors that
in some ways do not meet the expectations
of a group or of a society as a whole. These
are behaviors that in some ways do not
meet with the expectations of a group or of
a society as a whole.
 2 Types of
Deviance
Activities
1. Crime -Is the violation of formally
enacted laws and is referred to as
formal deviance.
2. Violations of informal social norms
(norms that have not been codified into
law) and is referred to as informal
deviance
 1. In terms of
Time
The meaning of
deviance changes
through the years.
 2. In terms
of Place of
Geography
Being
deviant varies
according to
Historical Background of
Juvenile Delinquency and
Juvenile Justice System
Code of
Hammurabi: “the
strong shall not
injure the weak”

Lex talionis : Law of Retaliation – that criminal

should receive as punishment precise by those
injuries and damage they had inflicted upon
Historical Background of Juvenile
Delinquency and Juvenile Justice
System
Stubborn Child Law –
General Court of
Massachusetts passes
this law on 1641, which
stated that the children
who disobeyed theirs
parents could be put to
death
Historical Background of Juvenile
Delinquency and Juvenile Justice
System POSTCOLONIAL PATTERNS OF
AMERICAN
DELINQUENCY
“Children Only” law– There was an increasing demand on the
state to takes responsibility for improving the lives of children
and eventually new regulations, such as, child labor laws were
enacted.
Keating-Owen Act– In 1916, United State congress passed
this law, this is the first piece of child in America. Address child
labor by prohibiting the sale in interstate commerce of goods
produced by factories that employed children under fourteen,
mines that employed children younger than sixteen, and any
facility where children under fourteen worked after 7:00 p.m.
Historical Background of Juvenile
Delinquency and Juvenile Justice
System
Child Saving Movement – On middle of 19 century , Child
th

Saver the group that formed this movement, who believe that
“children were born good and became bad”. The best way to
save children was to get them out of “bad” homes and placed in
“good” ones.
Parens Patriae – a doctrine that formed from the Feudal Period
of England, it is the right and responsibility of the government to
take care of minors and others who cannot legally take care of
themselves.
In 1818, a committee reports listed “juvenile delinquency” as
a major cause of pauperism (poorness).
Historical Background of Juvenile
Delinquency and Juvenile Justice
System
In 1899, the Illinois legislature passed a law establishing a
Juvenile Court that became the cornerstone for juvenile justice
throughout the United State. Its vision was the rehabilitative
ideal of reforming children instead of punishing them.. It is both
investigative and a rehabilitative function.
In the first quarter of the 20th century, the Progressives further
developed the medical model established by the Illinois Court
Act, viewing crime as a disease that could be treated and cured
by social intervention. Another emphasis for reform was
concerned with isolating offenders from their normal social
environment.
Historical Background of Juvenile
Delinquency and Juvenile Justice
System
THE HISTORICAL AND PHILOSOPHICAL
ROOTS OF THE JUVENILE JUSTICE
SYSTEM
1. Stressing the social contract;
2. The prevention of crime, and
3. The need to make any punishment fit the crime
committed.
 4 D’s OF THE JUVENILE JUSTICE DURING
THE LAST HALF OF THE 20TH CENTURY
1. Deinstitutionalization - is the process of releasing
institutionalized people, from an institution for placement
and care in the community
2. Diversion - is a term used to describe intervention
approaches that redirect youths away from formal
processing in the juvenile justice system, while still holding
them accountable for their actions.
3. Due Process

4. Decriminalization - means legislative conversion of

criminal misdemeanors to civil infractions, or reduction of
criminal penalties from incarceration to fines, probation, or
other noncustodial sentences.
 3 FACTORS THAT HAVE BEEN TRACED
EARLIER AS YOUTH SERVICES PROGRAMS

1. The police-based nature of the program

2. The use of counselling in a law enforcement setting
3. The skills approach to training and treatment.
HOUSE OF CORRECTIONS FOR JUVENILE
DELINQUENT
BRIDEWELLS
 First house of
correction in England
 Children and Adults
are considered Idle
and Disorderly
 the condition of the
place became
deplorable that several
individuals demanded
reform
HOUSE OF CORRECTIONS FOR JUVENILE
DELINQUENT
HOSPIECE OF SAN
MICHELE (SAINT
MICHAEL)  Established in 1704
 John Howard, known
as the Father of
Prison Reform,
brought to England
from Rome a model
of the first Institution
for Juvenile
Offenders.
HOUSE OF CORRECTIONS FOR JUVENILE
DELINQUENT
HOUSE OF
REFUGE  Situated in New York in 1825
 House to Juvenile Delinquents
 In its charter defined as
Youths convicted of criminal
offenses or found in vagrancy.
 Later became a reform school
that emphasized large
workshops and continued
contract system of labor
HOUSE OF CORRECTIONS FOR JUVENILE
DELINQUENT Massachusetts State
The Chicago Reform
Industrial School for Girls..
School.
This was opened in It was the first girl’s reformatory
1855. The reformers established on June 10, 1856
who supported these which believe that if these girls
institutions sought to needed a strong mothering
protect juvenile environment and teaching of
offenders by separating morals for them to become good
them from adult mothers also, Illinois and Ohio
offenders. They also avoided an urban area setting but
focused on yet a rural setting for the girls
rehabilitation[trying to because it was said that the city
 SIGNIFICANCE CASES CONCERNING
JUVENILE DELINQUENCY

 In re : Winship  In re Gault
(1967)
 American Bar
 Breed v. Jones
Association
(1977)
 Kent v. United  Schall v.
State Martin (1984)
Juvenile
Delinquency
“The State recognizes that vital role of the
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 (Art. II, Section 13,
Phil. Constitution).”
A GLANCE OF PHILIPPINES JUVENILE
DELINQUENCY
The problems of street children and juvenile
delinquents are much related social problems. To
survive in the street, you almost have become
delinquent. Exposed to criminal elements, these
children are vulnerable to prostitution, drug addiction
and punishing and commission of crimes. Most street
children have become juvenile delinquents either out
Young peopleorinthrough
of necessity the streets are also criminalized and
force.
stigmatized for no obvious crime committed. So many
times the streets were cleaned up at the start of the
tourist reason and as a consequence many street
children were jailed because of vagrancy laws.
 RISK
FACTORS
1. Individual Risk Factors
Individual psychological or behavioral risk factors that
may be offending more likely include intelligence,
impulsiveness or inability to delay gratification, aggression,
empathy and restlessness.
2. Family Environment
Its influence in offending a child includes the following:
d. The way parents discipline
a. the level of parental supervision
b. Parental conflict or separation a child
c. Parental abuse or neglect e. Criminal parents or siblings
f. The quality of the
 PREDICTORS OF JUVENILE
DELINQUENCY
Predictors of juvenile delinquencies may appear as early
as preschool, and often include:

a Abnormal or slow development of basic skills, such as

speech and language,
b. Chronic violation of the rules, and
c. Serious aggressive behavior toward other students or
teachers.

Studies have found that a number of life circumstances

constitute risk factors for a child to become a juvenile
delinquent. While these are many and varied, the most
common risk factors for juvenile delinquency include:
a. Authoritarian Parenting. It is characterized by the use of
harsh disciplinary methods, and refusal to justify disciplinary
actions, other than by saying "because I said so.
b. Peer Association. It is usually resulting from leaving
adolescents unsupervised, encouraging a child to engage in
bad behaviors when acting with his peer group.
c. Low Socioeconomic Status
d. Permissive Parenting. It characterized by lack of
consequences for bad behavior, permissive parenting can be
broken down into two subcategories
1. Neglectful Parenting. It refers to lack of monitoring
child’s activities, and
2. Indulgent Parenting. It refers to the enablement of bad
behavior.
e. Poor School Performance
 CATEGORIES OF DELINQEUNT
YOUTH – less identifiable in personality and temperament,
Accidental
essentially a law abiding citizen but happens to be at the wrong
place at the wrong time. This may be credited to peer pressure
or pure curiosity on the part of the young person.
Asocial– children whose acts are manifested by, vile, cruel and
atrocious acts and conduct for which they feel no remorse.
Timely intervention is necessary so as to prevent them from
becoming ruthless criminal capable of acts of violence and
heinous crimes.
Neurotic – the anti – social behavior of the youth is a direct
result of internal conflict and pre- occupation with his own
emotion and mood.
Social – refers to an aggressive teens who resents authority,
whether be it parental, school regulations or ordinances and
laws passed by the proper legislative authorities.
 METHODOLOGY TOWARDS
DELINQUENCY
Biogenic Approach– This view gives an explanation that law
violations and delinquency is a result of some physical defects.
It advocates that youth misconduct is a direct result of faulty
biology. Hence the support from family members, friends and
acceptance of the community may solve the problem on
Psychogenic
delinquency. Approach– This argues that the critical factors in
delinquency are personality problems, to which the misbehavior
is presumed to be the response. This advocates the use of
counseling to curtail juvenile misbehavior.
Sociogenic Approach – Ascribes the distinction and variation
and delinquency pattern to social structures. The youth misdeed
may be attributed to their learning process cultured in on youth
gangs, stigmatizing contacts with governmental and social
control agencies and other similar variables.
 TYPES OF YOUTH
BEHAVIOR
Anti – social behavior– it may be best characterized by
disobedience and disrespect for authority.

Truancy – Students failing to attend their classes for 20 days

without any reasonable cause. This may be attributed to the
school’s proximity to place of vices, unattractive school life,
failing grades, strict and unreasonable mentors, family and
domestic problems; fear of school bullies and fear of
Vagrancy – Refers to children who are unable to cope with their
punishment.
family life and chooses to leave the family home. This is a
directs result of Feeble-mindedness, disagreeable home
conditions, broken homes and misdirected fancy for adventures.
 TYPES OF YOUTH
BEHAVIOR
Emotional disorders – Such misbehaviors is related to fear
reactions, temper tantrums and jealousy reactions.

Lying – The penchant for not telling the truth clearly manifest
that the following are lacking; love, security, attention, respect,
acceptance, praise and happiness.
Stealing – This criminal act comes from loose morals in the
home, lack of economic security wherein the parents are unable
to provide for the needs of their children, undisciplined desire
for possession and pleasure seeking and parental indifference.
GAN
G
The term gang is frequently associated with groups in
socially disorganized and deteriorated inner-city
neighborhoods. It is applied to youths who are engaged
in a variety of delinquencies ranging from truancy,
street brawls and beer running to race riots, robberies,
and other serious crimes.
A youth gang is a self-forming union of peers, bound
together by mutual interests, with identifiable
leadership, well developed lines of authority, and the
other organizational features, who acts in concert to
achieve specific purposes which generally include the
conduct of illegal activity and control over the territory,
 Characteristics of Gang

1. Organization – This state that a gang or gang members has

a collectives goals.
2. Leadership – they have leaders that may decide matters to
the organization.
3. Turf or Territory – it involves identification and control.
Identity place like parks, housing projects, or schools to
impose illegal acts. Crossing turf boundaries and entering
another's gang’s territory, often clearly marked by graffiti,
involved taking serious risks.
4. Cohesiveness – it refers to gang’s very close, tight-knit
organizations with loyal member bound to one another by
mutual and common interest.
THEORIES OF CRIME AND
DELINQUENCY
The causes of delinquency have been studied for
more than 200 years. During this time, theories
or integrated sets of ideas explain and predicts
why and when children break the law have
emerged. There is not much agreement among
criminologist on what is the best delinquency
casual theory.
THEORIES OF CRIME AND
DELINQUENCY
I. Supernatural, Classical and
Neoclassical Theories
1. Supernatural
Theory
Supernatural theories
blame delinquency on
demonic possession. In the
Middle Ages( 500 – 1500
A.D) people believed
criminals were possessed by
the devil. Yet, supernatural
explanations are not to
taken too seriously because
THEORIES OF CRIME AND
DELINQUENCY
2. Classical Theory
Classical School
criminologist believe that
people are rational,
intelligent beings who
exercise free will or the
ability to make choices.
People calculate the costs
and benefits of their
behavior before the act.
THEORIES OF CRIME AND
DELINQUENCY
2. Classical Theory
A. Cesare Beccaria
He is the leading figure of the
Classical Theory. He formulate his
ideas about crime control during
18th century when criminal justice
system throughout Europe were
cruel and ruthless and exercised a
callous indifference for human
rights.
His work. “Essay on Crimes
THEORIES OF CRIME AND
DELINQUENCY
2. Classical Theory
B. Jeremy Bentham
He is the second leading
pioneer in criminal justice reform
in the 18th century. He based his
ideas about crime on the belief
that people sought out pleasure
and avoided pain.
His idea radically transformed
the 19th century English penal
code, the “The Bloody Code”,
THEORIES OF CRIME AND
DELINQUENCY
3. Neoclassical School
Theory
Neoclassical School Theory strongly argued
the rigidity of classical school theory. It did not
take into account why people commit crime.
Instead, all people were held equally responsible
from their behavior. Those who commit similar
crime received identical punishment.
Mitigating circumstances, such as age or
mental condition, sometimes influence the
choices that are made and effect a person’s ability
to form criminal intent or mens rea.
THEORIES OF CRIME AND
DELINQUENCY
4. Modern Classical School
Theory
4.1 Rational Choice
Theory
It claimed that delinquents are rational people
who are make calculated choices regarding what they
are going to do before they act.
4.2 Routine Activity
It isTheory
focused on the crime target or anything an
offender wants to take control of, whether it is a house
to break into or a bottle of beer to shoplift.
THEORIES OF CRIME AND
DELINQUENCY
II. Biological and Psychological Theories
1. Scientific Study of
Crime
Believe that crime was caused by factors that are in
place before the crime occurs. It is presumed that the
behavior was determined by something it was their job
to discover what is was.

2. Biological
Theories
These theories locate the causes of crime inside the
person. One early explanation examined the role of
physical appearance.
THEORIES OF CRIME AND
DELINQUENCY
2.1 Physical Appearance
and Crime Anthropometry – Criminals were
A. Criminal
atavistic or throwbacks to an earlier, more primitive
stage of human development. They closely resembled
their apelike ancestors in traits, abilities, and
B. Physiognomy – founded by J. Baptiste Della Porte.
dispositions.
The Physiognomist Johann Kasper Lavater was one of
the first suggest a link between facial figures of crime. It
is the practice of assessing a person's character or
personality from their outer appearance—especially the
C. Phrenology – comes from the Greek word: “mind”;
face
and logos, “knowledge”) and this theory claims to be able
to determine character, personality traits and criminality
THEORIES OF CRIME AND
DELINQUENCY
2.1 Physical Appearance
and Crime
THEORIES OF CRIME AND
DELINQUENCY
2.2 Body Type and Crime
A. Endomorphy(ic)– Soft Temperament
focused on the digestive system, particularly the
stomach (endoderm); has the tendency toward
plumpness, corresponds to Viscerotonia temperament
tolerant, love of comfort and luxury, extravert.
B. Mesomorphy(ic)– square masculinity and skeletal
massiveness
focused on musculature and the circulatory
system (mesoderm), has the tendency towards
muscularity, and corresponds to the Somatotonia
temperament courageous, energetic, active, dynamic,
THEORIES OF CRIME AND
DELINQUENCY
2.2 Body Type and Crime
C. Ectomorphy(ic)–linearity and frailty
focused on the nervous system, particularly and
brain – the tendency towards slightness, correspond to
Cerebrotonia temperament, artistic, sensitive,
apprehensive, introvert.
THEORIES OF CRIME AND
DELINQUENCY
2.3 Heredity and Crime
A. IQ and Delinquency
the earliest studies to examine the relationship
between heredity and crime centered on intelligence,
which is the ability to learn, exercise judgement, and be
imaginative.
B. Historical Studies
in the early study, Henry Goddard administered
intelligence test to prison and jail inmates and
discovered the 70% were “feebleminded”.
THEORIES OF CRIME AND
DELINQUENCY
3. Psychoanalytic
Theory 1. Id – It consists of blind, unreasoning,
instinctual desires and motives. It also is
antisocial and knows no rules,
boundaries, or limitations.
2. Ego– It grows from id and represent the
problem-solving dimension of the
personality; it deals with reality,
differentiating
3. Superego it from fantasy..
– It develops from ego and is
Sigmund the moral code, norms, and values the
Freud child has acquired. The superego
responsible for the feeling of guilt and
THEORIES OF CRIME AND
DELINQUENCY
3. Behavioral Theory and
Delinquency
Criminal behavior is learned response that has
been strengthened because of the reinforcement it
produce..
B. F. Skinner thought children learn which aspects
of their environment are pleasing and which one are
painful. Their behavior is the result of the consequences
it produces.
Albert Bandura said that children learn by
modeling and imitating others. Children learn to be
aggressive from their experience. Delinquent behavior
is learned from direct, face-to-face interaction or by
THEORIES OF CRIME AND
DELINQUENCY
III. Cultural Deviance, Strain and Social
Control Theories
1. Cultural Deviance
Theory
Their behavior may be considered deviant by larger
society but it is compatible with the behavior in their
neighborhood. In this view, what society calls
delinquency is actually conformity to norms frowned
upon by “outsider” but not by “insider”.
1.1 Neighborhood and
Delinquency
Clifford Shaw and Henry Mckey blame delinquency
on the neighborhood where a child lives. They have a
hypothesized called “zonal hypothesis”.
THEORIES OF CRIME AND
DELINQUENCY
1.2 Differential Association Theory or Social
Learning Theory
Edwin Sutherland he described the process
children go through to become delinquent. His theory
states that crime is learned behavior.
9 Principles of Differential Association Theory
1) Delinquent behavior is learned.
2) Delinquent behavior is learned in interaction with others
through a process of communication.
3) Learnings takes place in intimate groups
4) In intimate groups, children learn techniques for committing
crime as well as the appropriate motives, attitudes, and
rationalization.
5) The specific direction of motives and drives is learned from
THEORIES OF CRIME AND
DELINQUENCY
9 Principles of Differential Association Theory
6) A child becomes delinquent because of an excess of definitions
favorable to violation of law over definitions unfavorable to
violation of law. Definitions favorable to the violation of law
are learned from both criminal and noncriminal persons.
7) The tendency towards delinquency will be affected by the
frequency, duration, priority and intensity of learning
experiences.
8) Learning delinquent behavior involves the same mechanisms
involved in any other learning.
9) Criminal behavior and noncriminal behavior are expressions
of the same needs and values.
THEORIES OF CRIME AND
DELINQUENCY
2. Strain
Theories
Strain theories assumed that children are
basically good. Only under pressure (strain) do
they deviate. Pressure for deviance comes from
their having internalized society's goal, such as
being successful and wanting to achieve them. But
man cannot become successful by conforming to
society’s rules. Out of desperation, they turn to
crime.
THEORIES OF CRIME AND
DELINQUENCY
IV. Labeling and Conflict
1.Theory
Labeling
Theory
Emphasize the power of social response, especially in
the form of social control, to produce delinquent behavior.
Their concern is that publicly or officially “labeling
someone as a delinquent can result in the person
becoming the very thing he is described s being”.
2. Conflict
Theory
Views conflict within society as normal and rejects the
idea that society is organized around a consensus of vales
and norms. Conflict theory of the Marxist, suggest that
capitalism is the essential root of crime and that repressive
 FEMALE DELINQUENCY
THEORIES
I. Biological and Psychological
Theories
1. Lombroso and Ferrero’s
Atavistic Girlthat women were lower on the
They believed
evolutionary scale than men and therefore closer to
“primitive “ origins.
According to them, women are naturally more
childlike, less intelligent, lacking in passion, more
maternal and weak-characteristics that make them inclined
to commit crimes.
 FEMALE DELINQUENCY
THEORIES
2. Freud’s “Inferior Girl”
Sigmund Freud saw female delinquency arising
primarily out of the anatomical inferiority of women and
their inability to deal adequately with Electra complex. He
believed that promiscuous sexual behavior by girls, and
eventually prostitution, grow put of the Oedipal stage of
development and repression of early sexual love for parents
3. opposite
of Thomas’s sex. “Unadjusted Girl”
Thomas believed that women by nature have stronger
desires for response and love than men and that they are
capable of more varied types of love as demonstrated by
maternal love, characteristics atypical of males. This
 FEMALE DELINQUENCY
THEORIES
4. Pollak’s “Deceitful Girl”
Otto Pollak argued that women are actually as
criminal as men but their criminality is hidden or
“masked”. The masking of their crimes and delinquencies
is a result of “natural” physiological differences in the
sexes, as well as the tendency of males to overlook or
excuses offenses
II. Marxist- by women.
Feminist Theories
Marxist-feminist theories combine the nations of
patriarchal male dominance in the home and interpersonal
relationships with male control of the means of
production. In such an environment, the criminal justice
system “defines crimes as those actions that threaten this
That’s
all!
Any questions?