TERM PAPER WORK ON THE SITUATION WITH JUVENILLE DELINQUENTS ACROSS NEPAL

1. TERM PAPER WORK
ON
THE SITUATION WITH JUVENILLE DELINQUENTS
ACROSS NEPAL
Submitted to:
Department of Social Work
Submitted by:
Jyoti Singha
Santwona Memorial College
Tribhuwan University

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INTRODUCTION
Juvenile delinquency, also known as "juvenile offending", is the act of participating in unlawful
behavior as a minor or individual younger than the statutory age of majority. For example, in
the Nepal, a juvenile delinquent is a person who is typically below 18 years of age and commits
an act that otherwise would have been charged as a crime if they were an adult.[2] Juvenile
crimes can range from status offenses (such as underage smoking/drinking), to property
crimes and violent crimes.
Some scholars have found an increase in arrests for youth and have concluded that this may
reflect more aggressive criminal justice and zero-tolerance policies rather than changes in
youth behavior. Youth violence rates in the United States have dropped to approximately 12%
of peak rates in 1993 according to official US government statistics, suggesting that most
juvenile offending is non-violent. Many delinquent acts can be attributed to the environmental
factors such as family behavior or peer influence. One contributing factor that has gained
attention in recent years is the school to prison pipeline. The focus on punitive punishment has
been seen to correlate with juvenile delinquency rates
Explaining crime and delinquency is a complex task. A multitude of factors exist that contribute
to the understanding of what leads someone to engage in delinquent behavior. There are
different theoretical explanations to understand juvenile delinquency in its own way. At a
broader level, there are three different categories of theories- biogenic, psychogenic and
sociogenic. While biological and psychological factors hold their own merit when explaining
crime and delinquency, perhaps social factors can best explain juvenile delinquency for the
given study. Therefore, sociogenic perspective is discussed in the following paragraphs.
Person-in-environment is the principle focus to understand juvenile delinquency from
sociological perspective, which focuses on interrelations and interactions between a delinquent
child and socio-cultural systems.
The social learning Theory or the Differential Association Theory gives emphasis to
socialization in explaining delinquent behavior. This theory shows how a juvenile can socially
learn deviant behavior from those around him/her such as family, peers, schoolmates or anyone
else that he or she may come in contact with. The parents and peers are probably the most
powerful agents in socialization. In accordance with this theory various studies have shown
that a child growing up in a home where the parents routinely engaged in criminal acts, has
maximum chance of involving himself/herself in delinquent behavior. The child would grow

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up assuming that these acts may not be as wrong as society or the law has defined them.
Looking at the role of family in shaping the personality of children in Nepali culture, this theory
could be quite close in explaining the delinquent behavior.
The Rational Choice Theory looks at juvenile delinquency from the perspective of an
individual. The understanding is that in many (if not most) cases, deviance is a result of highly
rational calculation of risks and awards. Prospective deviants weigh their chances of gain
against the risks of getting caught, and thereby decide a course of action. However, this theory
has a major limitation that juveniles do not always choose the most rational acts.
Functionalists would say that crime exists and will continue to exist in so far as society is
structured as it is. Here, delinquent behavior is looked as a function of a society, which helps
in social change. But looking throughout history one can see that certain acts that were defined
as crimes at the time actually encouraged great societal change.
BACKGROUND/ HISTORY OF THE JUVENILLE DELINQUENTS
Until the early 19th century in the United States, children as young as 7 years old could be tried
in criminal court and, if convicted, sentenced to prison or even to death. Children under the age
of 7 were presumed to be unable to form criminal intent and were therefore exempt from
punishment. The establishment of special courts and incarceration facilities for juveniles was
part of Progressive Era reforms, along with kindergarten, child labor laws, mandatory
education, school lunches, and vocational education that were aimed at enhancing optimal child
development in the industrial city (Schlossman, 1983). Reformers believed that treating
children and adolescents as adult criminals was unnecessarily harsh and resulted in their
corruption. In the words of one reformer, the main reason for the establishment of the juvenile
court was “to prevent children from being treated as criminals” (Van Waters, 1927:217). Based
on the premise that children and young adolescents are developmentally different from adults
and are therefore more amenable to rehabilitation, and that they are not criminally responsible
for their actions, children and adolescents brought before the court were assumed to require the
court's intervention and guidance, rather than solely punishment. They were not to be accused
of specific crimes. The reason a juvenile came before the court—be it for committing an offense
or because of abuse or neglect by his or her parents or for being uncontrollable—was less
important than understanding the child's life situation and finding appropriate, individualized
rehabilitative services (Coalition for Juvenile Justice, 1998; Schlossman, 1983). Historians

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have noted that the establishment of the juvenile court not only diverted youngsters from the
criminal court, but also expanded the net of social control over juveniles through the
incorporation of status jurisdiction into states' juvenile codes (e.g., Platt, 1977; Schlossman,
1977).
The first juvenile court in the United States, authorized by the Illinois Juvenile Court Act of
1899, was founded in 1899 in Chicago. The act gave the court jurisdiction over neglected,
dependent, and delinquent children under age 16. The focus of the court was rehabilitation
rather than punishment. Records of the court were to be confidential to minimize stigma. The
act required separation of juveniles from adults when incarcerated and barred the detention of
children under age 12 in jails. The act also provided for informality in procedures within the
court. The idea of the juvenile court spread rapidly. By 1925, a functioning juvenile court
existed in every state except Maine and Wyoming (Schlossman, 1983).
How well the juvenile courts around the country lived up to the founders ' aspirations is difficult
to ascertain. They succeeded in diverting most children and adolescents from the criminal
system, but they may have been less successful with their rehabilitative goals. Schlossman
(1983:965) noted that the following broad generalizations could be made of early 20th century
juvenile courts:
First, the clientele was overwhelmingly from the lower class and of immigrant parents. Second,
boys and girls appeared in court for different reasons, and the courts disposed of their cases
differently. The majority of girls, as compared to a very small proportion of boys, were charged
under the loose heading of “immorality;” however, higher percentages of girls than boys were
sent to reformatories, whereas lower percentages were placed on probation. Third, referral to
court by agents other than the police, especially parents, relatives, and neighbors, was a far
more common practice than it is today. Fourth, juvenile courts, particularly the probation staffs,
often dealt with nearly as many cases “unofficially” (without court appearance) as officially.
This placed added burdens on already large case loads and widened the net of the court to
embrace every conceivable form of nonconventional behavior.
THESIS STATEMENT
In Nepal, the problem of juvenile delinquency has received little attention from the researchers,
administrators and social workers. Therefore, an investigation in this field becomes a need to

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find out the trend and etiological factors so that there would a greater understanding of the issue
and measures could be taken to prevent and control this growing issue. This study originated
in response to a need to look at the trend of juvenile delinquency in Nepal. The overall objective
of the study is to map the trend of juvenile delinquency, factors leading to such a behaviour,
and different behaviour patterns of juvenile delinquents. The specific objectives of the study
are as follows:
• To trace the delinquency trends amongst the children going to schools;
• To identify the trend of delinquency among the children in the street; and
• To find out the factors leading to delinquent behaviours.
EXTENT OF THE JUVENILLE DELINQUENTS
A substantial percentage of arrests made each day in the U.S. comprises of people below the
age of 18. It is estimated that the percentage for violent crime arrests currently stands at about
17 % (Barker 1). “Juveniles accounted for 16% of all violent crimes arrests and 32% of all
property crime arrests in 1999. They accounted for 54% of all arson arrests, 42% of vandalism
arrests, 31 % of larceny arrests, and 33% of burglary arrests”.
The number of juveniles engaging in delinquent behavior in various states is dependent on
racial disparities. Currently, black juveniles constitute the highest number of youths being held
in residential custody. Their number is almost twice the number of Hispanics held in residential
custody, and it is five times the number of white juveniles held in residential custody.
In a number of cases, Juveniles are tried in adult courts. In fact, in the Nepal. have statutory
provisions that allow the trial of juveniles as young as 16 years of age in adult courts. This
situation may need review. This is because youth who are held in adult prisons tend to have a
higher rate of recidivism than those in juvenile systems.
The statistics outlined above show the seriousness of the issue of delinquency in the United
States. Given the effects that delinquency has in the society, it is vital to understand the causes
of delinquency. It is also critical to come up with solutions and prevention strategies for
delinquency.

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CAUSE OF THE JUVENILLE DELINQUENTS
There has been heated debates world over among criminologists, psychologists, and
sociologists concerning the possible causes of delinquency in juveniles. The causes that are
included in the following discussion are those that have been proven through practical research.
One of the leading causes of delinquent behavior among juveniles is peer influence. Research
shows that young people who form relationships with positive individuals and groups that
pursue positive commitments tend to shun delinquent behavior. On the other hand, juveniles
can engage in activities that do not have concrete objectives and commitments.
These kinds of activities are likely to lead to volatile relationships that may encourage
delinquent behavior. Examples of these behaviors include drinking and smoking. Other
behaviors without commitment that juveniles may engage in include watching television, and
spending too much time watching movies.
Despite the fact that most people attach no harm to these activities, research has proven that
the more time peers spend time watching television, the more likely they are to engage in
delinquent behaviors.
Another factor that has been proved to contribute to juvenile delinquency is family influence.
It is even suspected that family influence contributes to delinquent behavior more than peer
pressure. Research has proven that families in which there is no strong emotional bonding tend
to have juveniles who turn out to be delinquent.
This is because the juveniles may develop psychological problems like rejection and low self-
esteem, which may lead to delinquent behavior. Other causes of psychological problems like
trauma and low self-esteem are also linked to delinquency. The two can originate from sources
outside the family.
Children who are abused or exposed to family violence are likely to be delinquents. Some
studies have linked genes to delinquency, arguing that children who are raised by criminals and
drug addicts are likely to become delinquent. Another risk is a family in which there are no
effective communication channels. Children who are raised in this kind of a family may have
issues that they want to address, but they may lack audience.

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EFFECT OF THE JUVENILLE DELINQUENTS
Juvenile delinquency is a big problem that not only affects the victims of the delinquents, but
it also affects the juvenile delinquents themselves, their family, and even the society as a whole.
The juvenile delinquents may not be able to predict the effect of their crimes on themselves,
but, as stated, they are seriously affected by these crimes.
Most of these crimes make the juvenile to lose his/her freedom because he/she may be placed
on probation, or even incarcerated. This will also have an effect on the academic welfare of the
juvenile because he or she will miss academic activities that will take place during the probation
or incarceration.
In cases where the juvenile is placed in a residential center for detention of juveniles, he/she
may be influenced by more experienced juvenile delinquents. This will make the juvenile more
likely to recidivate, and suffer the consequences of re-offense. The delinquency of the minor
may even dictate his or her career choices in the future.
The trauma of having a juvenile delinquent in a family can potentially create instability for
other members of the family. The family has to meet the needs of the juvenile in trouble, and
raise lawyer’s fees. The family also has an ethical obligation to the victim of the delinquent.
Families are required to attend counseling sessions as a group. This is normally costly and
disruptive (Barker 1).
Juvenile delinquency is closely related to sexual behavior, drug use, gang involvement etc. All
these have a negative effect on the community because they make the community unsafe, and
they make the government to spend colossal sums of money in school safety and law
enforcement.
As stated, juvenile delinquency has serious effects on a number of societal groups. It therefore
affects the society negatively by affecting the community, families, individuals etc. The
problem also challenges government agencies, organizations, educators, faith communities,
and politicians alike

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REPERCUSSIONS TO THE JUVENILLE DELINQUENTS
Due to the contribution of family influence to delinquent behavior in juveniles, it is vital to
ensure that families influence children positively. This can be achieved by ensuring that there
is strong emotional bonding in the family, and laying out effective strategies for
communication.
Children being raised from families that do not conform to the traditional family should
especially be closely watched to curb the development of delinquent behavior. Schools should
also ensure that they know the backgrounds of children in order to fill the gaps that may be left
by the parents. For instance, teachers can help to counsel a child who witnesses violence at
home, or a child whose parent is a criminal.
Parents should ensure that they closely monitor the kind of company that their children keep.
They should ensure that their children engage in productive social activities. This will help
reduce the chances of their children becoming delinquents. In school, teachers should keep a
close eye on pupils to ensure that they know their activities.
Pupils should be appropriately searched in school to ensure that they do not carry guns and
drugs. This will ensure that delinquent pupils do not influence others. It will also help in
identifying delinquent children so that they can be counseled, or even sent for correctional
services.
Another way of preventing delinquency, though controversial, is reducing or eradicating
racism. This will target the delinquents in minority groups. It will help reduce the number of
juveniles in these minority groups who commit offenses because they will not commit racism-
inspired crimes.
It will also help to boost the self-esteem of teenagers in these minority groups, and thus
instances of offenses caused by low self-esteem will be limited in these minority groups.

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POSSIBLE SOLUTIONS TO THE JUVENILLE DELINQUENTS
The best way to reduce the number of delinquency cases is by using the preventative measures
that have been outlined in the paragraph above. The preventative measures should be holistic
in the sense that they should include all the people in the lives of the juveniles.
The juveniles should be monitored and guided while at home, and they should be counseled
and monitored while in school. Juveniles who are at high risk of developing delinquent
behavior should be watched closely and given special treatment so that they do not end up
offending.
Another way of reducing the number of delinquency cases is by reducing the rates at which
juvenile delinquents recidivate. This can be achieved by having legislation in place that ensures
that juveniles are corrected differently, and in facilities different from the ones used for adult
correction.
This is because, from the statistics section, juveniles who are corrected in the same facilities
with adult offenders are more likely to recidivate than their counterparts who are held in
juvenile facilities. The recidivism rates of young offenders can also be reduced by having a
program for the correction of delinquents. This is most appropriately implemented while the
delinquents are in custody.
The program should be holistic and thus it should consist of counseling services offered by a
psychologist, recreational facilities, and training. The counseling services will give a platform
in which the juveniles can freely share their experiences, and thus their healing process can be
sped up.
The recreational facilities will give the juveniles alternative hobbies that will occupy their time
after they are released from custody, and thus they will have less time to consider reoffending.
Lastly, the training will equip the juvenile who may have quit school with entrepreneurial skills
that they can utilize to make money after they are released from custody. This will therefore,
help to reduce the number of cases where juveniles re-offend due to financial problems.
Juvenile delinquency can also be reduced by effective policing that will ensure that juveniles
are not recruited into crime by community criminals. It is common to hear of schoolchildren

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being used by gangs to market drugs, and carry assault weapons. This practice should be
discouraged by vigilance on the part of parents and teachers, and effective community policing.
CONCLUSION
From the discussion above, it is clear that delinquency is an enormous problem in the society.
Juvenile delinquency is caused by a number of factors that include peer influence, influence by
the family of the juvenile, race, and other related factors like low self-esteem and trauma.
The effects of delinquency are far-reaching and they therefore, affect the community, victims
of the delinquent, the society as a whole, and even the delinquents themselves. It is therefore
vital that this issue is addressed with a view of reducing the rates of offense and re-offense.
A number of interventions can be used to prevent, and reduce delinquency and recidivism.
These interventions can be implemented in the family, at school, or even in correctional
facilities. School and family-level interventions are mainly aimed at preventing recidivism,
while the interventions implemented at correctional facilities are aimed at reducing recidivis m.
It is thus vital that these interventions are taken seriously, in order to reduce the number of
delinquents in the society. This will in turn reduce the number of delinquency victims, the
number of affected families, and the amount of resources that the government will spend on
law enforcement and correctional services. This will therefore lead to a better society.