Summaries the following
There are many works of literature that deal with problems on young criminals. Just as we have today in our present society, the only difference is the environment that offers a setting for their activity. The modern criminal justice system even has a legal term for a child who has committed a crime; “JUVENILE DELINQUENT”. In our country we seldom avoid this term by simply using Child in Conflict with the Laws (CICL), but whether we like it or not juvenile delinquency is a universal generic term for a person whose age is under minority who broke a law.
What is Juvenile Delinquency?
It refers to an anti-social acts or behaviors committed by minors which are contrary to the norms of the society. It involves oftentimes misdemeanors, but may include also offenses and felonies.
Take Note: Under RA 9344, juvenile delinquent are now called Child-in-Conflict with the Law. The use of the word .juvenile., “juvenile delinquent”, “youthful offender” or other similar terms against the child is labeling or shaming punishable under this law.
Crime vs. Delinquency
Crime is an act committed by an ãdül†
An act that breaks criminal code which is created by society through written law.
A person who committed a crime can be dealt with in accordance with the criminal justice system
Delinquency are acts committed by minors.
Acts that merely break 'cultural law' or norms.
A child is under the process known as juvenile justice system.
HISTORY OF JUVENILE DELINQUENCY
The concept of juvenile delinquency did not exist before the 20th Century, as we will delve into the history under this chapter, children who committed crimes in earlier times were punished as adults or were turned over to their parents for discipline.
The historical treatment of children is interesting because there is still some debate as to whether young people were always “treated as children” or whether they were treated like little adults.
Code of Hammurabi . Oldest known code for thousand years ago dating from 2270 B.C used by society to regulate behavior and at the same time punish those who disobeyed the rules. It established a social order based on individual rights. It is the origin of the legal principle of “Lex Talionis” or “Lex Taliones”, that is, an “Eye for an Eye”. During this times, in 1641, General Court of Massachusetts passed the Stubborn Child Law, which stated that children who disobeyed their parents could be put to death.
2. Roman Law and Canon (Church) Law . Approximately two thousand years ago, made distinction between juveniles and adults based on the notion .Age of Responsibility..
3. 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.
4. 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 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.
5. Anglo Saxon Common Law (Law based on custom or usage) - The distinction made between ãdül† and juvenile offenders in England at this time are most significant. Under common law, 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 be demonstrated that they had formed criminal intent, understood the consequences of their actions, and could distinguish right from wrong (Blackstone 1803, 22-24). Children over 14 were treated much the same as adults.
6. Middle of 19th century . The middle of the nineteenth century also 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 environments. The best way to save children was to get them out of bad homes and placed in good ones. This lead to the creation of the doctrine Parens Patriae.
Take Note: Parens Patriae is a doctrine that does not consider delinquent acts as criminal violation, thus making delinquents non-criminal persons and cannot be found guilty of a crime and punished like an ãdül† criminal. This doctrine viewed minors who violate the law as victims of improper care, custody and treatment at home. Thus, in parents patriae, the State becomes the father.
7. Poor 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
8. Revised Penal Code
During this time distinct circumstances of a delinquent are not taken into account.
No Diversion
Stigma of Criminality
No provision for aftercare
As young as 9 yrs. old can be incarcerated inside the jail
9. PD 603 “ The Child and Youth Welfare Code” - Under the said law, a person who is over nine (9) but under twenty-one (21) 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 offender as a child, minor or youth, including one who is emancipated in accordance with law who is over nine years butunder eighteen years of age at the time of the commission of the offense.
10. RA 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, (CENTER FOR THE CORRECTION OF “PROFLIGATE YOUTH”) the first institution for the treatment of juvenile offenders. The stated purpose of the hospital was to correct and instruct unruly youth so they might become useful citizens.
1756, the Marine Society of England established a special institution for the reformation of juvenile offenders, and other institutions, some of which were known as “RAGGED SCHOOLS,”
1825, New York City had established a “ House of Refuge” for juveniles which was the predecessor of the American reformatory school.
4. 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.
5. Albert K. Cohen . The first man who attempted to find out the process of beginning of the delinquent subculture.
6. Kingwood Reformatory . This was established for the confinement of the hordes of unruly children who infested the streets of new industrial towns of England.
7. 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.
8. 1899 . The first Juvenile or .family. court was established in Cook County Illinois.
9. 1899 . 1967 . This has been referred to as the era of socialized juvenile justice.
In the first quarter of the 2oth 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.
The Historical and Philosophical Roots of the Juvenile Delinquency System are:
1. stressing the social contact
2. the prevention of crimes
3. the need to make any punishment fit the crime committed.
Four Ds of juvenile justice during the last half of the 20th century are:
1. deinstitutionalization
2. diversion
3. due process
4. decriminalization
HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT
1. Bridewells
It was the first houses of corrections in England. They confined both children and adults considered to be idle and disorderly.
2. Hospice of San Michele
Saint Michael was 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”
3. 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." By the middle of the nineteenth century many states either built reform schools or converted their houses of refuge to reform schools. The reform schools emphasized formal schooling, but they also retained large workshops and continued the contract system of labor.
Lesson 2.
THEORIES OF CRIME AND DELINQUENCY
1. Social Disorganization Theory - It was recognized early in twentieth century by sociologist 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 a direct influence on the area s delinquency rate.
2. Anomie Theory - Advocated by Emile Durkheim. Breakdown of social orders as results of loss of standards and values that replaced social cohesion.
A . Absence
Nomos- Laws or standards.
*Anomie- refers to the breakdown of norms.
3. Strain Theory – This theory assume that children are basically good. Only under pressure do they deviate. Pressure for deviance comes from their having internalized society’s goals, such as being successful and wanting to achieve them. But many cannot become successful by conforming to society’s rules. Out of desperation, they turn to crime.
*According to sociologist Robert Merton, although most people share common values and goals, the means for legitimate economic and social success are stratified by socio economic class. Consequently these youths may either use deviant methods to achieve their goals or reject socially accepted goals and substitute deviant ones.
4. 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 behaviors. This theory argues that ãdül† perception of children force youths into socially defined and controlled inferior roles, including the socially constructed juvenile delinquency. role that separates youthful and ãdül† offenders for treatment and control.
5. Differential Association Theory. Asserts that criminal behavior is learned primarily within interpersonal groups and that youths will become delinquent if definitions they have learned favorable to violating the law exceed definitions favorable to obeying the law within the group. This theory was introduced by Edwin Sutherland. Example: The family may serve as a training ground for violence since the child perceive physical punishment as the norm during conflict situations with others.
6. Social Learning Theory. This theory view that behavior is modeled through observation, either directly through intimate contact with others, or indirectly through media; interactions that are rewarded are copied, where as those that are punished are avoided.
7. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to be bound by the law. Such a bind between a person and the law remains in place most of the time, they argue. When it is not in place, delinquents will drift.
8. Labeling Theory (Social Reaction Theory). Crime is caused by societal reactions to behavior, which include exposure to the juvenile justice system. Once children are labelled delinquent, they become delinquent (Tannenbaum, 18938).
9. Social Control Theory. This perspective 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 teams. The social bonds include the ties and affection that develop between children and key people in their lives; commitment to social norms of behavior 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.
10. Self-derogation Theory. Introduced by Kaplan states that all motivated 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 behavior may be self-defacing or self-enhancing.
11. Self-control Theory. In short, self-control theory suggests that deviance simply results from the individual s inability to effectively control his/her impulses. Self-control theory argues that it is the absence of selfcontrol
rather than the presence of some force or factor such as poverty, anomie, opportunities for deviance,
delinquent peers, exposure to definitions favorable to deviance, etc. that leads to deviance.
12. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures with a unique set of values that clash with the main stream culture. This theory argues that children learn deviant behavior socially through exposure to others and modeling of others action.
13. Rational Choice Theory. They argue in many cases, deviance is a result of highly 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.
Juveniles however do not always choose the most rational actions. There values are different from ãdül† and their motives are different from an ãdül† criminal. Adolescent are also notorious for not thinking before they act. These actions which constitute delinquency may come as a result of acting against authority, or to rebel against cultural norms and goals.
There are many works of literature that deal with problems on young criminals. Just as we have today in our present society, the only difference is the environment that offers a setting for their activity. The modern criminal justice system even has a legal term for a child who has committed a crime; “JUVENILE DELINQUENT”. In our country we seldom avoid this term by simply using Child in Conflict with the Laws (CICL), but whether we like it or not juvenile delinquency is a universal generic term for a person whose age is under minority who broke a law.
What is Juvenile Delinquency?
It refers to an anti-social acts or behaviors committed by minors which are contrary to the norms of the society. It involves oftentimes misdemeanors, but may include also offenses and felonies.
Take Note: Under RA 9344, juvenile delinquent are now called Child-in-Conflict with the Law. The use of the word .juvenile., “juvenile delinquent”, “youthful offender” or other similar terms against the child is labeling or shaming punishable under this law.
Crime vs. Delinquency
Crime is an act committed by an ãdül†
An act that breaks criminal code which is created by society through written law.
A person who committed a crime can be dealt with in accordance with the criminal justice system
Delinquency are acts committed by minors.
Acts that merely break 'cultural law' or norms.
A child is under the process known as juvenile justice system.
HISTORY OF JUVENILE DELINQUENCY
The concept of juvenile delinquency did not exist before the 20th Century, as we will delve into the history under this chapter, children who committed crimes in earlier times were punished as adults or were turned over to their parents for discipline.
The historical treatment of children is interesting because there is still some debate as to whether young people were always “treated as children” or whether they were treated like little adults.
Code of Hammurabi . Oldest known code for thousand years ago dating from 2270 B.C used by society to regulate behavior and at the same time punish those who disobeyed the rules. It established a social order based on individual rights. It is the origin of the legal principle of “Lex Talionis” or “Lex Taliones”, that is, an “Eye for an Eye”. During this times, in 1641, General Court of Massachusetts passed the Stubborn Child Law, which stated that children who disobeyed their parents could be put to death.
2. Roman Law and Canon (Church) Law . Approximately two thousand years ago, made distinction between juveniles and adults based on the notion .Age of Responsibility..
3. 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.
4. 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 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.
5. Anglo Saxon Common Law (Law based on custom or usage) - The distinction made between ãdül† and juvenile offenders in England at this time are most significant. Under common law, 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 be demonstrated that they had formed criminal intent, understood the consequences of their actions, and could distinguish right from wrong (Blackstone 1803, 22-24). Children over 14 were treated much the same as adults.
6. Middle of 19th century . The middle of the nineteenth century also 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 environments. The best way to save children was to get them out of bad homes and placed in good ones. This lead to the creation of the doctrine Parens Patriae.
Take Note: Parens Patriae is a doctrine that does not consider delinquent acts as criminal violation, thus making delinquents non-criminal persons and cannot be found guilty of a crime and punished like an ãdül† criminal. This doctrine viewed minors who violate the law as victims of improper care, custody and treatment at home. Thus, in parents patriae, the State becomes the father.
7. Poor 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
8. Revised Penal Code
During this time distinct circumstances of a delinquent are not taken into account.
No Diversion
Stigma of Criminality
No provision for aftercare
As young as 9 yrs. old can be incarcerated inside the jail
9. PD 603 “ The Child and Youth Welfare Code” - Under the said law, a person who is over nine (9) but under twenty-one (21) 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 offender as a child, minor or youth, including one who is emancipated in accordance with law who is over nine years butunder eighteen years of age at the time of the commission of the offense.
10. RA 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, (CENTER FOR THE CORRECTION OF “PROFLIGATE YOUTH”) the first institution for the treatment of juvenile offenders. The stated purpose of the hospital was to correct and instruct unruly youth so they might become useful citizens.
1756, the Marine Society of England established a special institution for the reformation of juvenile offenders, and other institutions, some of which were known as “RAGGED SCHOOLS,”
1825, New York City had established a “ House of Refuge” for juveniles which was the predecessor of the American reformatory school.
4. 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.
5. Albert K. Cohen . The first man who attempted to find out the process of beginning of the delinquent subculture.
6. Kingwood Reformatory . This was established for the confinement of the hordes of unruly children who infested the streets of new industrial towns of England.
7. 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.
8. 1899 . The first Juvenile or .family. court was established in Cook County Illinois.
9. 1899 . 1967 . This has been referred to as the era of socialized juvenile justice.
In the first quarter of the 2oth 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.
The Historical and Philosophical Roots of the Juvenile Delinquency System are:
1. stressing the social contact
2. the prevention of crimes
3. the need to make any punishment fit the crime committed.
Four Ds of juvenile justice during the last half of the 20th century are:
1. deinstitutionalization
2. diversion
3. due process
4. decriminalization
HOUSE OF CORRECTIONS FOR JUVENILE DELINQUENT
1. Bridewells
It was the first houses of corrections in England. They confined both children and adults considered to be idle and disorderly.
2. Hospice of San Michele
Saint Michael was 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”
3. 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." By the middle of the nineteenth century many states either built reform schools or converted their houses of refuge to reform schools. The reform schools emphasized formal schooling, but they also retained large workshops and continued the contract system of labor.
Lesson 2.
THEORIES OF CRIME AND DELINQUENCY
1. Social Disorganization Theory - It was recognized early in twentieth century by sociologist 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 a direct influence on the area s delinquency rate.
2. Anomie Theory - Advocated by Emile Durkheim. Breakdown of social orders as results of loss of standards and values that replaced social cohesion.
A . Absence
Nomos- Laws or standards.
*Anomie- refers to the breakdown of norms.
3. Strain Theory – This theory assume that children are basically good. Only under pressure do they deviate. Pressure for deviance comes from their having internalized society’s goals, such as being successful and wanting to achieve them. But many cannot become successful by conforming to society’s rules. Out of desperation, they turn to crime.
*According to sociologist Robert Merton, although most people share common values and goals, the means for legitimate economic and social success are stratified by socio economic class. Consequently these youths may either use deviant methods to achieve their goals or reject socially accepted goals and substitute deviant ones.
- Albert Cohen, explained why urban, lower class boys commit delinquency. He began by identifying characteristics of delinquents. They are malicious, negativistic, non- utilitarian, versatile, loyal, and cannot defer gratification. Cohen blames delinquency on (1) frustration experienced by children because of their low status and (2) their ability to live up to middle – class standards. Delinquency is the consequence of children expressing their frustration toward middle-class norms and institutions.
- Richard Cloward and Lloyd Ohlin blamed it on the disparity between what children are taught to want and what is available to them. Children joined delinquent gangs to achieve success, but because their legitimate path is blocked, they turn illegitimate means in the form of delinquency and later on it was called as Differential Opportunity Theory.
4. 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 behaviors. This theory argues that ãdül† perception of children force youths into socially defined and controlled inferior roles, including the socially constructed juvenile delinquency. role that separates youthful and ãdül† offenders for treatment and control.
5. Differential Association Theory. Asserts that criminal behavior is learned primarily within interpersonal groups and that youths will become delinquent if definitions they have learned favorable to violating the law exceed definitions favorable to obeying the law within the group. This theory was introduced by Edwin Sutherland. Example: The family may serve as a training ground for violence since the child perceive physical punishment as the norm during conflict situations with others.
6. Social Learning Theory. This theory view that behavior is modeled through observation, either directly through intimate contact with others, or indirectly through media; interactions that are rewarded are copied, where as those that are punished are avoided.
7. Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to be bound by the law. Such a bind between a person and the law remains in place most of the time, they argue. When it is not in place, delinquents will drift.
8. Labeling Theory (Social Reaction Theory). Crime is caused by societal reactions to behavior, which include exposure to the juvenile justice system. Once children are labelled delinquent, they become delinquent (Tannenbaum, 18938).
9. Social Control Theory. This perspective 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 teams. The social bonds include the ties and affection that develop between children and key people in their lives; commitment to social norms of behavior 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.
10. Self-derogation Theory. Introduced by Kaplan states that all motivated 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 behavior may be self-defacing or self-enhancing.
11. Self-control Theory. In short, self-control theory suggests that deviance simply results from the individual s inability to effectively control his/her impulses. Self-control theory argues that it is the absence of selfcontrol
rather than the presence of some force or factor such as poverty, anomie, opportunities for deviance,
delinquent peers, exposure to definitions favorable to deviance, etc. that leads to deviance.
12. Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures with a unique set of values that clash with the main stream culture. This theory argues that children learn deviant behavior socially through exposure to others and modeling of others action.
13. Rational Choice Theory. They argue in many cases, deviance is a result of highly 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.
Juveniles however do not always choose the most rational actions. There values are different from ãdül† and their motives are different from an ãdül† criminal. Adolescent are also notorious for not thinking before they act. These actions which constitute delinquency may come as a result of acting against authority, or to rebel against cultural norms and goals.