Juvenile Delinquency & Justice System

Juvenile Delinquency & Juvenile Justice System

• Juvenile delinquency involves acts considered crimes if committed by adults, as well as actions illegal solely due to the offender's age.
• A juvenile is anyone under 18, per the laws of a specific country, unless specified otherwise.
• A juvenile delinquent exhibits antisocial behavior beyond parental control, subject to legal action.

Definition of a "Child" in the Philippines

• In the Philippines, a "Child" is someone under 18.
• Children 15 or younger at the time of an offense are exempt from criminal liability but undergo an intervention program.
• Those above 15 but below 18 are also exempt unless they acted with discernment.
• Exemption from criminal liability does not equate to exemption from civil liability as per RA 10630, Section 3.

Juvenile Justice Defined

• Juvenile Justice is a system of laws, policies, and procedures regulating the processing and treatment of non-adult offenders.
• These systems provide legal remedies protecting interests in conflicts or neglect situations.
• In the Philippines, the Juvenile Justice and Welfare System deals with children at risk and those in conflict with the law.
• Programs include child-appropriate proceedings, prevention, diversion, rehabilitation, reintegration, and aftercare to ensure normal development.

Historical Context

• Youthful offenders historically fell under the same laws as adults.
• Societal intervention in handling juvenile transgressors gained momentum in the last 100-150 years.
• Before the 1700s, children were viewed as non-persons without special treatment or recognition.
• Some believed that life was hard, and people had to be hard to survive.
• High infant and child mortality rates meant parents were less likely to form strong emotional bonds with children.
• Children were regularly abandoned or released from family units.
• Family control, dominated by the father, was the main model for disciplining wayward youth.
• Children without families were "bound out" (apprenticed) to other families.
• Poor, abandoned children were apprenticed to households for a specific time.
• Though similar to apprenticeships for privileged children, binding out didn't guarantee teaching a specific trade.
• Boys were generally assigned to farming, while girls were bought into domestic service.

Emergence of Childhood (16th-17th Centuries)

• The concept of childhood began to emerge in the sixteenth and seventeenth centuries, coupled with medical advancements that increased life expectancy.
• Youths were viewed as different from adults, needing protection, assistance, and guidance.
• The movement was led by the clergy and scholars.
• Childhood was considered a time for education and moral training, away from adult pressures.
• Dealing with misbehavior became tailored to the offender's age.
• Youths under 7 were not held responsible in England, and individuals aged 8-14 could be held liable if they understood their actions.
• Youth aged 14 and over were regarded as adults.

The Age of Enlightenment

• During colonial times through the early 1800s, youths were often labeled as "wayward" and out of control.
• "Wayward youths" faced court-observed whippings, were assigned as farmer's helpers, or placed in rat-infested prisons with adult offenders.
• The Enlightenment, appearing at the end of the 18th century, led to a new cultural transition rooted in reason and humanism.
• Children were viewed as flowers needing nurturing to bloom.
• The concept of childhood focused on love and nurturing over beatings to maintain order, emerging as a distinct group, originally limited to the upper class attending universities.

Socioeconomic impact

• Urbanization decreased family size, increasing the perceived value of each child.
• The breakdown of the apprentice system increased children’s time spent with parents.
• Increased school attendance fostered a distinctive youth culture.
• The distinction between juvenile and adult activities led adults to look back on their own childhoods with nostalgia.
• Reproduction and childrearing became markers of middle-class masculinity.
• The American and French Revolutions prompted re-evaluation of the relationship between fatherhood and the state.

Houses of Refuge

• Penal reformers Thomas Eddy and John Griscom organized the Society for the Prevention of Pauperism by the 1830's.
• This was to oppose housing youth in adult jails and prisons while urging a new type of institution.
• Separate institutions for juvenile offenders opened, such as the New York House of Refuge in 1825, and similar facilities in Boston and Philadelphia in 1826 and 1828.
• Houses of Refuge were large fortress-like institutions located in urban areas for abandoned, delinquent, or incorrigible youth.
• The goal was to shield them from the harsh conditions of prison, with advocates suggesting juveniles under 16 shouldn't be prosecuted at all.
• Low living standards, harsh discipline, and restricted freedoms caused many children to run away if given the chance.

The Industrial Revolution

• The Industrial Revolution spurred new social distinctions between childhood and youth.
• This impacted the identification and treatment of youth for generations.
• It contributed to urbanization and increased the number of families and children in large cities.
• Families experienced sparse housing, overcrowding, health problems, crime, dangerous and poor environmental conditions.
• Children were often left unsupervised for long periods of time.
• As a result the children turned to stealing and other forms of criminal behavior as mechanisms of survival and entertainment.
• Children were employed in factories, mines, aboard fishing and merchant ships, and as apprentices.
• Social attitudes evolved, viewing children as more malleable and influenced than adults.

The Progressive Era and the Child Savers

• The Progressive Era, from 1880 to 1920, was a time of major social structural change; most was in the United States.
• This was a significant social movement creating a separate justice system for children.
• It was marked by efforts to alleviate social problems resulting from industrialization and immigration.
• Wealth concentrated, with few individuals dominating US economic life.
• Labor violence increased, alongside racial hysteria affecting people of color.
• Tremendous technological advancement reduced the need for labor.
• Progressive reformers intervened to guide children away from crime.
• Child Savers instituted new measures to prevent juvenile delinquency during the second half of the 19th century.
• Compared to the House of Refuge, Child Savers were more optimistic about reforming youths.
• Institutions were established in urban areas to distribute food and clothing, provide temporary homelessness shelter, and introduce shirt manufacture contract systems to poor children.
• Middle class people had a a desire to help homeless and poor children in need of direction, and there was a need for social control.
• Concerns arose among middle and upper classes about large numbers of poor, wayward children roaming cities.
• The middle class saw them as disruptive, jeopardizing their privileged position.

Establishment of Juvenile Court

• Juvenile courts manifested the Progressive Era.
• The transition to a separate judicial system was a gradual process.
• The government, the courts, and private institutions became important participants in juvenile justice.
• Progress toward separating juvenile and criminal court proceedings began in the late 19th century.
• Massachusetts legislated separate court hearings for juveniles, known as children's tribunals in 1874.
• In 1899, Colorado passed the first legislation in the US to establish guidelines for trying truant or juvenile disorderly persons through the Compulsory School Act.
• The first recognized individual juvenile court was established in Cook County, Illinois, in 1899 through the Illinois Juvenile Court Act.
• This codified several then-radical doctrines, such as:
  • Youths under 16 who engaged in certain deviant behaviors would be classified as "juvenile delinquents."
  • Special rules of procedure would govern the adjudication of cases heard before juvenile courts.
  • Child and adult offenders should be separated.
  • Children are victims of their environments and should be reformed and rehabilitated.

Theories on Juvenile Delinquency

• A theory is defined as an abstract statement explaining why phenomena happen or do not happen.
• A valid theory could predict future occurrences, and be verifiable by testing through experiment or empirical observation.
• Social scientists aim to identify causes and propose methods to reduce or eliminate delinquency through verifiable statements, or hypotheses, and organizing them into theories of delinquency causation.

Individual-Level Theories of Delinquency

• Individual-level theories propose that committing an illegal act stems from individual decision-making.
• This decision is shaped by the personal traits of the decision maker.
• Delinquents are individual actors guided by traits like selfishness, impulsivity, hormones, or mental illness.
• They choose committing delinquency over socially acceptable behaviors.
• Focus on mental and behavioral processes at the individual level.
• Is considered delinquency as an individual problem and not a social problem.
• Individual level recognizes all people are different, with each person reacting uniquely to the same conditions.
• It Believes delinquency's root cause is individual, pointing prevention efforts at the individual offender.
• Individual-level explanations of delinquency can be divided into Choice Theory, and Trait Theory.

Choice Theory

• The choice theory holds that youth will engage in delinquent and criminal behavior after weighing associated consequences and benefits, and see that rational gains outweigh any possible punishment or loss.

Classical Criminology

• Holds that behavior is greatly influenced by an individuals free will.
• Before any course of action, individuals weigh the benefits and possible ramifications; including young people who are rational, intelligent people with the ability to make decisions.
• Delinquencies result from a juvenile imaging greater gains from breaking the law, than from obeying the law.

Rational Choice Theory

• It holds that criminal behavior is based on use of calculations, reasoning, and rational consideration of choices, and in crime rational decisions are made based on self benefit.
• Considerations of both personal (money, revenge or entertainment) and situational ( target/ victim's vulnerability and the presence of witnesses, guardians, or the police) are considered.

Routine Activities Theory

• It is a subsidiary of rational choice theory that was developed by Lawrence E. Cohen and Marcus Felson in 1979
• Routine activities theory requires the following three elements be present for a crime to occurs are:
  • A motivated offender with criminal intentions and the ability to act on these inclinations.
  • A suitable victim or target,
  • The absence of a capable guardian who can prevent the crime from happening.
• Capable guardians who can protect homes and possessions can reduce motivation to commit delinquent acts, so the most motivated offenders may ignore valuable targets if they are well guarded.

Trait Theory

• Holds that youth engage in delinquent or criminal behavior due to aberrant physical or psychological traits and those actions are impulsive or instinctual rather than rational.

Biological Theories

• This essential component of the biological approach to delinquency is that such behavior is caused by some mechanism internal to an individual.

Criminal Atavism Theory

• Introduced by Cesare Lambroso (1835-1909), he argued that delinquents manifest physical anomalies that make them biologically and physiologically similar to our primitive ancestors, born possessing an array of stigmata or markers, including excessive tattoos, manner ofwriting and talking, or the size and shape of their skull, ears, forehead, and hands.
• Compared with public school students, delinquents were shorter, heavier, and broader wider short faces with more deformed palates.

Biological Determinism

• William Sheldon (1898-1977), believed that the primary determinants of behavior are constitutional and inherited and that the body physique was an accurate and reliable indicator of personality, and then predictor of behavior.
• Sheldon identified three primary structures of human physique, or somatotypes, which he then connected to personality temperament.
• The Somatotypes and their corresponding temperament are:
  • Endomorph (Somatotype)- A soft roundness of the body. The digestive system is large and highly developed, whereas other features of the body are weak, and underdeveloped. Small bones; short limbs; soft and smooth skin. - Viscerotonic (Temperament) is relaxed and outgoing; includes a desire for comfort and gluttony for food and affection.
  • Mesomorphic (Somatotype)- Bone and muscle predominate. The physique is hard, firm, upright, strong, and sturdy. Large blood vessels. Thick skin with large pores. - Somatotonic (Temperament) is active, assertive, motivated, and achievement oriented.
  • Ectomorphic (Somatotype)- Fragile, thin, and delicate. "Poorly muscled extremities" with weak bones. greatest surface area and hence the greatest sensory exposure to the outside world. - Cerebrotonic (Temperament) is introverted, inhibited, restrained. Cerebrotonic people shrink away from sociality as from too strong a light. They avoid attracting attention to themselves.

Biosocial Theories

Is a theory of delinquency causation that integrates biologically determined traits and environmental stimuli.

• Edmund o. Wilson's book entitled Sociobiology (1975) argued that people are biosocial organisms whose behaviors are influenced by both their physical characteristics and the environmental conditions they are faced with.
• Modern biosocial theorists believe that physical, environmental, and social conditions interact in complex ways to produce human behavior.

Biochemical Factors

• Some biosocial theorists believe that biochemical conditions, including those acquired through diet, can control or influence violent behavior.
• Biochemical factors that might influence aggression range from nutrition to allergies.
• Bio-Criminologists maintain that minimum levels of vitamins and minerals are required for normal brain functioning.
• They find that improving diet quality can reduce delinquency and dramatically improve the mental functioning and the academic performance of adolescents.
• James Q. Wilson argues that hormones and neurotransmitters may explain gender difference s in violent behavior.
• Maintains that gender differences in exposure to androgens (male sex hormones) explain why males are naturally more violent than females and why females are more nurturing and empathetic.
• Hormone levels explain the aging out of violence as it is believed that the decrease in violent behavior with age is directly related to age-related declines in androgen levels.
• Its arguments are not that allergies directly cause violence, but suffering from stress of painful allergic reaction may be more likely to act violently when presented with negative stimuli.

Neurological Dysfunction

• Another focus of biosocial theory is the neurological structure of the offenders, with the is belief that impairments in brain functions present at birth produced by factors like low birth weight, brain injury during pregnancy, birth complications and inherited abnormalities.
• One of the most important measures of normal neurological functioning is the Electroencephalogram (EEG).
• Studies suggest that 50 to60 percent of habitually violent adolescents have abnormal EEG recordings, compared with only give to fifteen percent of the general population.
• Attention Deficit/ Hyperactivity Disorder (ADHD)- A condition where the child shows a developmentally inappropriate lack of attention, impulsivity, and hyperactivity.
  • The suspected causes of this disability include neurological damage, prenatal stress, food allergies and genetics.
  • It is also found that There that a strong relationship between AD/HD and poor school performance, bullying, and a lack of response to punishment. - There is also a strong association between AD/HD and the early onset of chronic delinquency and persistent violent behavior.
• Minimal Brain Dysfunction (MBD)- It is related to abnormalities in cerebral structure. In its most serious form, MDB is associated with severe antisocial behavior, including hyperactivity, poor attention span, temper tantrums and aggressiveness. MDB has also been linked to episodes of explosive rage and has often been viewed as a significant predictor of both suicide and motiveless homicide.
• Conduct Disorder- Considered as a precursor of long term chronic offending and a condition of childhood and adolescence that involves chronic behavior problems, such as defiant, impulsive, or antisocial behavior, and substance abuse.
• Learning Disability- A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations.
  • The link to delinquency is caused by certain side effects such as impulsiveness, ADHD, poor ability to learn from experience, and inability to take social cues.
  • Children with the condition may be more aggressive and more likely to engage with delinquency than the kids with no learning disability.
• Arousal Theory suggest that delinquents and criminals have suboptimal arousal levels, and stimulate in a variety of ways and to tolerate more pain. Peoples' brains function differently in response to environmental input. In general, people attempt to maintain an optimal level of arousal with some wanting very little stimulation, while others requiring a high level.
• The "sensationseekers" or "thrill-seekers" more likely engage in a wide variety of risky activities- including violent behavior.

Genetic Influences

• Proponents of the the theory include three ideas of Gene-crime association:
  • That antisocial behavior is inherited.
  • That the genetic makeup of the parents is passed on to children.
  • That genetic abnormality is directly linked to a variety of antisocial behaviors.
• Evolutionary Theory: Aggression and violent behavior are adaptive behaviors and selected for in human evolution. These traits allowed the bearers to reproduce disproportionately, which has had an effect on the human gene pool. Ex) Male violence developed as a reproductive strategy.

Psychological Theories on Juvenile Delinquency

• Focus on individual level characteristics that exist inside all of us and interact with the environment, with three common features:
  • That it largely focuses on early life experiences at the exclusion of other social variables.
  • That it is highly individualistic.
  • That it is useful in treatment settings.
• Psychodynamic theory- pioneered by Sigmund Freud (1856-1939), it proposes unconscious instinctual factors impact individual's behavior. The goal is to identify the unconscious, precipitating factors then develop conscious methods for dealing with them.

Freud theorized the personality to consist of three parts:

- Id: It is present at birth and blind, unreasoning, instinctual desires and motives.
- Ego: It grows from Id; the problem solving part that teaches children to delay acting out of emotion.
- Super Ego: Is developed through socialization from the ego and serves as the moral code, and values acquired.

Freud's Psychosexual Development

• Oral Stage (Birth to 1 year old): During the first year of life, the baby gets much satisfaction from putting all sorts of things in its mouth to satisfy. Freud said oral stimulation could lead to an oral fixation in later life.
• Anal Stage (1 year to 3 years old): The libido becomes focused on the anus, and deriving great pleasure from defecating. During this stage the child is stubborn, spiteful and cruel. Early or harsh toilet training can lead to the child becoming an anal-retentive personality who hates mess, is obsessively tidy, punctual and respectful of authority; while, the anal expulsive personality underwent a liberal toilet-training regime.
• Phallic Stage (3 to 6 years old): Here the infant's libido (desire) centers upon their genitalia. Sets in motion the conflict between erotic attraction, resentment, rivalry, jealousy and fear- a process of identification the child adopting the characteristics of the same sex parent.
• Latency Stage (6 years to puberty): The libido is dormant and no further repressed during the latent stage, and sexual energy can be sublimated towards school work, hobbies, and friendships.
• Genital Stage (Puberty to Adulthood): it is a time of adolescent sexual experimentation and successful resolution.

Juvenile Delinquency

- Is often an affect of when The ID, Ego and Super Ego function at the same time. As are other behavioral disturbances that show up during puberty and adolescence,

- Happens not only when when a persons superego is too strict/ has criminal tendencies; but more especially when it is too weak, defective, or incomplete, so the criminalistic urges of infancy cant be properly controlled properly. Addition some of the factors responsible for the improper formation of the superego like maternal deprivation, inconsistent discipline, strengthening the superego through child rearing.

Attachment Theory

Attachment theory is that humans are born to form a close emotional bond with who ever raises them. Attachment can be defined as a deep and enduring emotional bond between two people and security is found being in each other's presence.

Bowlby: Attachment served two primary functions: to protect vulnerable individuals from potential harm, and to regulate negative emotions Bowlby used the term maternal deprivation (separation or loss of the mother and failure to develop attachment) could result in Delinquency , Reduced intelligence, Increased aggression, Depression, Affectionless psychopathy; Theory of Psychopathy:a clinical construct that is considered a personality disorder that is defined by a set of interpersonal, affective, lifestyle, and behavioral characteristics that manifest in wide ranging antisocial behaviors and conflicts with society. These individuals are considered incapable of significant loyalty to others, or groups and social values. delinquent behavior stems from within the personality of someone.

Behavioral Theory

Suggests individuals can learn by watching how people react to their actions and are solely focused on measurable events. When a human is born their mind is a tabula rasa or a blank slate and learning through classical or operant conditioning

• Classical or Pavlovian Conditioning:* Occurs whenever neutral stimuli are associated with psychologically significant events.
• Operant or Instrumental Conditioning:* occurs when a behavior (as opposed to a stimulus) is associated with the occurrence of a significant event
• Skinner*: theorized that children learn conformity, and deviance from punishment and reinforcement in response to their behavior.

Social Learning Theory

• Stating that behavior is modeled where by interactions that are rewarded are copied, and those that are punished are avoided. The behavior of close contact adults and that viewed on television will be modeled after the actions those adults.

- Differential Association-Reinforcement Theory

Explains that criminal behavior is learned by the reinforcements we receive after committing deviant behaviors.

- Two dimensions exist

- First dimension is behavioralinteraction and explains deviance as being produced through direct association and interaction from others. 

• Second is the context by which individuals are exposed to varying definitions of behavior, and as a source for the imitating behavior. The more association occurs the better.
• Differential reinforcement is the process by which individuals experience and anticipate the consequences of their behaviors or lack their of.

Social Cognitive Theory (SCT)

Posits that learning occurs in a social context with a dynamic and reciprocal interaction of person, environment, and behavior. Emphasis is placed on social influence; modeling; observing, modeling, and imitating the behaviors, attitudes, and emotional reactions of others.

• A major component of the theory is observational learning. Process of learning desirable and undesirable behaviors by observing others, then reproducing learned behaviors in order to maximize rewards and a sequence of four processes:Attentional processes, Retention processes, Production processes or Motivational processes.

Social Theories of Delinquency

Social Theories focus on the collective behavior of individuals as a group and it asserts that criminal behavior is a normal response. Criminal behavior is what was learned, what were the behavior and norms and values that were from one's socialization from things like family, friends, peers, and school. Believed that many types of criminality or deviancy are the result of inadequate or inappropriate socialization. There are three major sociological traditions, which includes functionalism, symbolic interactionism, and conflict theory.

Structural-functional Theories

Regard delinquent behavior as the consequence of strains or breakdowns in the social processes and is a normal response for conformity. Structural issues cluster social problems, and geographically increases the likelihood of crime because of high rates of mobility and lower collective efficacy.

Anomie Theory

The concept of Anomie was introduced by Émile Durkheim in his study of suicide, Anomie is an absence of social regulation, or normlessness

Five Modes of Adaptation: Modes

1. Conformity- person accepts both the goals and the means (good on you!).
2. Innovation- person accepts the goals (wealth), but rejects the means (work to achieve)!
3. Ritualism- person rejects the goals (wealth), but accepts the means (work).
4. Retreatism- person rejects both the goals and the means (homeless).
5. Rebellion- person rejects both the goals and the means and wishes to change the social structure! (revolution) Subcultural Theory-crime is a consequence of the union of young people into subcultures in which deviate values and moral concepts dominate.

General Strain Theory

- exposure to outside struggles especially on a consistent basis heightens the chance of delinquency

- Strain is an unappealing event involving bad treatment, lack in to achieve desired outcome, or loss.

Differential Opportunity Theory-to understand the different forms to avoid the underclass and where these opportunities lead the subculterual responses become types

Criminal subculture- prospects for economic mobility even if illigetament. streets become safe for crime and reliable upward-mobility routes cab emerge

Conflict subculture-violence and conflict disrupt both enter prise result is prevelanace of street gangs create unsafe for for profitable crime

Retreatist subculture-destined for drug abuse

- Social Disorganization Theory

Explain ecological differences in levels of crime based on structural and cultural factors rates of crime that were not evenly dispersed geographically, but instead concentrated. neighborhood were seen to be socially cohesion and constraint that could prevent crime and delinquency.

- Social Control Theory

Contentious that individuals are by nature AMoral and will commit due ant acids if the opportunity.

- Four Elements that is what holds social bonds for you to to not do bad.. to mainstream society.

Attachment- to being insensitive thoughts and actions. of other Commitmenit - a person is committed to society if you less likely to commit crime. involvement- you get involved your less likely to commit crime belief- If you believe society values is less likely to be criminal Symbolic Interactionism Theories- Social meanings and Definition help people commit delinquency.. The is that these symbolic variation affect behavior.

• *Differential Association Theory- proposes people may learn to become by way of the the the environment. also explains with interactions are individuals learn to what to believe feel.
• *Neutralization Theory- portray individual who suscribes generally to morals but uses justification and ways to not feel to bad.

Express guilt over illegal acts- delinquents respect and acknowledge honest people and lines drawn between who they cant victimize

• Labeling Theory- society labels certain people as deviant and thus becomes deviant, Once the title is assigned, hard to remove because society believes the wrong stigmas

- Conflict Theories

Role of power and economical to Deliquency and the focus legal labels and how groups power

- Class conflict theory

Cause crime social and economoical are running

- - Differntail oppresionis.

Child are forces to follow and the grown ups role and they may make bad choices to be out of it adults treat to harshly

- Mal treatment of the children leads to serrious problems

- Developmental theories and nature of delliquebcvy

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