Juvenile Delinquency And Juvenile Justice System | Part One

Juvenile delinquency refers to anti-social acts committed by minors (individuals below 18 years old) that are contrary to societal norms. These acts can range from misdemeanors to offenses and felonies. The speaker differentiates between misdemeanors (punishable by ordinances), offenses (punishable by special laws), and felonies (punishable by the Revised Penal Code).

Juvenile delinquency is committed by minors (17 years old and below), while crimes are committed by adults (18 years and above). Crimes break written laws, whereas juvenile delinquency often breaks cultural norms. Individuals who commit crimes are handled by the Criminal Justice System, while juvenile delinquents (Child in Conflict with the Law or CICL) are dealt with through the Juvenile Justice System.

Key historical developments include the 1641 Massachusetts Stubborn Child Law (allowing punishment, including death, for disobedient children), ancient Jewish law differentiating punishment based on age (no corporal punishment before puberty), and Roman law establishing ages of criminal responsibility (below 7 exempted, 7-14 based on discernment). The doctrine of parens patriae (state as parent) emerged in the 19th century, advocating for child welfare based on the belief that children are products of their environment. The English Poor Law Act of 1601 placed impoverished children into apprenticeships.

Discussion of Philippine laws, including PD 603 (Child and Youth Welfare Code, defining a youthful offender as over 9 but under 21), PD 1179 (over 9 but under 18), and Republic Act 9344 (Juvenile Justice Welfare Act). RA 9344 exempts individuals 15 and below from criminal liability, and those over 15 but below 18 are also exempted unless they acted with discernment.

Important legal precedents discussed include In re Winship (establishing proof beyond a reasonable doubt for juvenile adjudication), Breed v. Jones (prohibiting double jeopardy for juveniles tried in both juvenile and adult courts), and Kent v. United States (requiring procedural rights for waivers to criminal court). In re Gault highlighted the importance of Bill of Rights protections for juveniles. The American Bar Association recommended decriminalizing status offenses. Schall v. Martin affirmed preventive detention for juveniles posing a serious risk.

The presentation outlines types of delinquent youth: asocial (rebellious, aggressive), neurotic (internalized conflicts), unsocial (brutal, introverted), and accidental (due to circumstances). Stages of delinquency are also detailed: emergency (petty larceny from 8-12), exploration (vandalism, shoplifting from 12-14), explosion (increased seriousness after 13), conflagration (multiple crimes, joining gangs after 15), and outburst (escalation to sophisticated and violent crimes in adulthood).

Three approaches explain delinquency: biogenic (based on heredity/biology), psychogenic (psychological/personality disorders), and sociogenic (societal influences). Factors contributing to delinquency include predisposing factors (inherited inclinations) and precipitating factors (situations provoking crime). Individual risk factors like low intelligence, impulsivity, aggression, and restlessness are discussed. Family structures (parental rejection, broken homes, abuse, criminal parents) and environmental factors (criminal groups, drug addiction, negative media influence) are also identified as significant.

Cloward and Ohlin's types of delinquent gangs are introduced: criminal (stable, older criminals teach younger ones), retreatist (unsuccessful, resort to drugs and prostitution), and conflict/violent (focused on reputation and toughness). Several theories explaining delinquency are then covered, including: Social Disorganization Theory (Clifford Shaw and Henry McKay), Anomie Theory (Emile Durkheim), Differential Oppression Theory (Hewitt and Regoli), Strain Theory (Robert Merton), Social Learning Theory (Albert Bandura), Differential Association Theory (Edwin Sutherland), Drift/Neutralization Theory (Sykes and Matza), Labeling Theory, Social Control Theory (Travis Hirschi), General Theory of Crime (Gottfredson and Hirschi), Self-Degradation Theory, Culture Deviance Theory, and Rational Choice Theory.