juvenile delinquency lecture

1. TOPIC:
JUVENILE DELINQUENCY

2. LEARNING OBJECTIVES
AT THE END OF THIS TOPIC THE STUDENTS
WILL BE ABLE TO LEARN
1. WHAT IS JUVENILE DELINQUENCY
2. DIFFERENTIATE CRIME AND
DELINQUENCY
3. HISTORY OF JUVENILE DELINQUENCY

3. JUVENILE
REFERS TO A PERSON OF TENDER YEAR
A MINOR , YOUTH OR THOSE WHO ARE NOT EMANCIPATED BY LAW
REFERS TO A PERSON BELOW 18 YEARS OF AGEOR THOSE BUT ARE
UNABLE TO FULLY TAKE CARE OF THEMSELVES FROM ABUSE,
NEGLECT, CRUELTY, EXPLOITATION OR DESCRIMINATION BECAUSE
OF PHYSICAL MENTAL DISABILITY OR COMDITIONS
A CHILD OR A YOUNG PERSON, WHO, UNDER THE LEGAL SYSTEM
MAY BE DEALT WITH FOR AN OFFENSE IN A MANNER DIFFERENT
FROM THAT OF AN ADULT.
PERSOM BELOW THE AGE OF MAJORITY, THAT IS BELOW IEGHTEEN
YEARS OLD.
PURSUANT TO REPUBLIC ACT 6809, THE LAW THAT LOWERED THE

4. DELINQUENT
ONE WHOSE BEHAVIOR HAS BROUGHT HIM
INTO REPEATED CONFLICT WITH THE LAW
REGAERDLESS WHETHER HE HAS BEEN
TAKEN BEFORE A COURT AND JUDGED A
DELINQUENT
ONE WHO HAS COMMITTED AN OFFENSE
THAT VIOLATED THE APPROVED NORMS OF
CONDUCT AND IS GUILTY OF MISDEED

5. WHAT IS JUVENILE
DELINQUENCY
IT REFERS TO ANTI- SOCIAL ACTS OR
BEHAVIORS COMMITTED BY MINORS WHICH
ARE CONTRARY TO THE NORMS OF SOCIETY.
IT INVOLVES OFTENTIMES MISDEMEANORS,
BUT MAY INCLUDE ALSO OFFENSES AND
FELONIES

6. TAKE NOTE
UNDER THE R.A 9344, JUVENILE DELINQUENT
IS 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
SHAMINGPUNISHABLE UNDER THIS LAW.

7. CRIME VS. DELINQUENCY
CRIME DELINQUENCY
CRIME IS AN ACT COMMITTED
BY AN ADULT
DELINQUENCY ARE ACTS
COMMITTED BY BMINORS
AN ACTS THAT BREAKS
CRIMINAL CODE WHICH IS
CREATED BY SOCIETY THROUGH
WRITTEN LAW
ACTS THAT MERELY BREAK
‘CULTURAL LAW’ OR NORMS
A PERSON WHO COMMITTED A
CRIME CAN BE DEALT WITH IN
ACCORDANCE WITH CRIMINAL
JUSTICE SYSTEM
A CHILD IS UNDER THE PROCESS
KNOWN AS JUVENILE JUSTICE
SYSTEM

8. HISTORY OF
JUVENILE
DELINQUENCY

9. 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.

10. ROMAN LAW AND CANON
(CHURCH) LAW
Approximately two thousand years
ago, made distinction between
juveniles and adults based on the
notion Age of Responsibility.

11. 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.

12. CODIFICATION OF ROMAN LAW
In the 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.

13. ANGLO SAXON COMMON LAW
(Law based on custom or usage) - The distinction made between adult
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.

14. MIDDLE OF THE 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 were to get them out of bad homes and placed in
good ones.
This lead to the creation of the doctrine Parens Patriae.

15. 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 adult 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.

16. POOR LAW ACT OF 1601
In 1535 statutes which mandated the appointed of overseers who placed destitute
or neglected children with families who then trained them in agricultural (domets
of france), trade or domestics services ; tgis practice is called indenture.
In 1601, a system was created wherein church workers with the consent of
justice of the peace identified vagrant, delinquent and neglected children took
measures to put them to work; these children were placed in work houses until
their adulthood.
Provided for involuntary separation of children from their impoverished parents,
and these children were then placed in bondage to local residents as apprentices.

17. IN THE PHILIPPINE SETTING
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

18. 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

19. 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 but under eighteen years of age at the
time of the commission of the offense.