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Juvenile Justice & Delinquency College of Criminal Justice Education Master of Science in Criminal Justice with Specialization in Criminology 2nd Term, AY 2024-2025 Bonifacio T. Santos Jr. Reporter
Concept and Nature of Juvenile Justice and Delinquency
Introduction: The Philippines has long recognized the need to address juvenile delinquency in a manner that balances public safety with the welfare and rehabilitation of children in conflict with the law (“CICL”). The 1987 Philippine Constitution lays the groundwork for the State’s duty to protect children, enjoining all branches of government to provide for their care and development. This constitutional mandate aligns with the country’s commitments under international instruments, particularly the United Nations Convention on the Rights of the Child (UNCRC), which stresses that children accused or found guilty of crimes must be treated in a manner that promotes their reintegration into society. The primary legal framework for the juvenile justice system is the Juvenile Justice and Welfare Act of 2006 (Republic Act [R.A.] No. 9344), as amended by R.A. No. 10630. It espouses a restorative justice approach, emphasizing rehabilitation and reintegration.
What is Juvenile Justice? • system of laws, policies, and procedures intended to regulate the processing and treatment of nonadult offenders for violations of law and to provide legal remedies that protect their interests in situations of conflict or neglect. Punishable offenses that are classified as criminal offenses for adults (e.g., murder, robbery, and larceny) are referred to as delinquency when committed by juveniles, whereas juvenile offenses mandating legal intervention only (e.g., alcohol and tobacco use, truancy, and running away from home) are referred to as status offenses. Children are also subject to specialized laws, procedures, and policies designed to protect their interests when parents or other legal guardians are unavailable, negligent, or involved in custodial disputes.
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. Juvenile Delinquency and Juvenile Justice System (Lian Carla C. Luzong, Instructor 1) power point https://www.studocu.com/ph/document/dominican-college-of-tarlac/college-of-criminal-justice-education/crim-5-juvenile-delinquency- and-juvenile-justice-system/67765981
History of Juvenile Justice and Delinquency
Historical Context and Legislative Foundation Pre-RA 9344 Regime • Before the enactment of R.A. No. 9344, juvenile delinquency was largely addressed under the Revised Penal Code (RPC) and the Child and Youth Welfare Code (Presidential Decree No. 603). Children were often detained with adult offenders due to a lack of separate juvenile facilities, resulting in significant concerns over children’s well-being and exposure to hardened criminals. https://www.respicio.ph/commentaries/juvenile-justice-system-in-the- philippines
Passage of the Juvenile Justice and Welfare Act (R.A. No. 9344) • Enacted in 2006 to provide a comprehensive, child-focused approach, consistent with international standards. Established the Juvenile Justice and Welfare Council (JJWC) to oversee the implementation of the law, coordinate with various government agencies, and recommend reforms. Amendment through R.A. No. 10630 (2013) • Strengthened provisions on rehabilitation, diversion, and aftercare programs. Mandated additional facilities and support systems, including the Bahay Pag-asa centers for children in conflict with the law who require intensive intervention and short- term residential care. https://www.respicio.ph/commentaries/juvenile-justice-system-in-the- philippines
1. 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 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.
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 delinquent's 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
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.
Growth and Development of Social Community and Environmental Influences on Delinquency
FACTORS AFFECTING JUVENILE DELINQUENCY 1. Individual Risk Factors • Individual psychological or behavioral risk factors that may make offending more likely include intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and restlessness. Children with low intelligence are likely to do worse in school. This may increase the chances of offending because low educational attainment, a low attachment to school, and low educational aspirations are all risk factors for offending in themselves. Children who perform poorly at school are also more likely to truant, which is also linked to offending.
2. Family • The family is the first and the basic institution in our society for developing the child’s potential, in all its many aspects like emotional, intellectual, moral, and spiritual as well as physical and social. It is within the family that the child must learn to curb his desires and to accept rules that define the time, place and circumstances under acceptable ways. The following are some of the causes why some of the child becomes juvenile delinquent as influence their own family;
a. the faulty development of a child b. lack of parental guidance c. lack of love and the instinct of hate or anger due to unfair treatment d. parental rejection e. broken home f. parental abuse or neglect g. criminal parents or sibling Take Note: Home is referred to as the “cradle of human personality”.
3. Environment • It is where the child influences after his first highly formative years. Youth in the community turns to become delinquent with companions. Youth today accuse those ahead of them for failure to define how to live both honorably and successfully in a world that is changing too rapidly for anyone to comprehend. Together they now becomes a victim of their own environment, their attitudes, dress, taste, ambitions, behavior are imitated or have been already influence by those anti-social acts recognized in their environment. Some of these causes are the following:
a. associations with criminal groups/gangs b. alcoholism and drug addiction c. impulse of fear d. crime inducing situation that caused criminalistic tendencies e. imitated instinct like selfishness, violence and anti-social wishes.
4. School • A public instrument for training young people. It is more directly accessible to change through the development of new resources and policies. And since it is a principal institution for development of a basic commitment by young people to the goals and values of our society, it is imperative that it be provided with the resources to compete with illegitimate attraction for young people’s allegiance.
5. Other Department or Agencies of the Government • Some of the department and agencies of the government also create factors that influence the youth to become delinquent, such as the following: a. political interference of the higher positions b. unfair decisions of the court c. police carelessness and unfair treatment d. influence from the newspapers, movies, tv, radio, comic, and other magazine
How does community involvement affect juvenile justice? Jail & Prison Insider. (2025, June 19). How does community involvement affect juvenile justice? - Jail & Prison Insider [Video]. YouTube. https://www.youtube.com/watch?v=VOoB7S6_uNY
How do environmental factors influence criminal behavior? True Crime Lovers. (2025, January 28). How do environmental factors influence criminal behavior? | True Crime Lovers [Video]. YouTube. https://www.youtube.com/watch?v=ALIJkhWApp8
SIGNIFICANT CASES CONCERNING JUVENILE DELINQUENCY 1. In re: Winship • It established proof beyond a reasonable doubt as the standard for juvenile adjudication proceedings, eliminating lesser standards such as a preponderance of the evidence, clear and convincing proof and reasonable proof. They established that a jury trial is not a required part of due process in the adjudication of the youth as delinquent by a juvenile court. 2. Breed v. Jones • It recognized that a juvenile cannot be adjudicated in a juvenile court and then tried for the same offense in an adult criminal court (double jeopardy). 3. Kent v. United States • It provided the procedural requirements for waiver to criminal court as articulated by the U.S. Supreme Court.
4. In re Gault (1967) • The Court held that juvenile courts must provide the basic procedural protection that the Bill of Rights guarantee to adults, including timely advance notice of the charges, the right to either retained or appointed counsel, confrontation and cross- examination of adverse witnesses, self-incrimination, and the right to remain silent. The opinion also rejected the basic premise of juvenile court actions: that the proceedings are civil in nature and those minors' rights are adequately protected by the judges acting as substitute parents.
5. 1977, American Bar Association • It endorsed decriminalization of status offenses, urging that juvenile delinquency liability should include only such conduct as would be designated a crime if committed by an adult. In the 1980s many training schools and high- security institutions were built in rural areas or close to small rural towns so the inmates could be trained in agriculture. The hope was that such training would produce productive citizens.
6. Schall v. Martin (1984) • The Supreme Court upheld the state's right to place juveniles in preventive detention. Preventive detention was perceived as fulfilling a legitimate state interest of protecting society and juveniles by detaining those who might be dangerous to society or to themselves.
School and Delinquency
TYPES OF DELINQUENT YOUTH 1. Social – an aggressive youth who resents the authority of anyone who make an effort to control his behavior. 2. Neurotic – he has internalized his conflicts and preoccupied with his own feelings 3. Asocial – his delinquent at have a cold, brutal, fictious quality for which the youth feels no humors 4. Accidental – he is less identifiable in his character, essentially socialize law abiding but too happens to be at the wrongplace at the wrong time and becomes involved in some delinquent act not typical of his general behavior.
STAGES OF DELINQUENCY 1. Emergence- the child begins with petty larceny between (8 and sometimes the 12th year.) 2. Exploration -he or she then move on to shoplifting and vandalism between (ages 12 to 14.) 3. Explosion - at age (13 up), there is a substantial increase in variety of seriousness. 4. Conflagration - at around (15 up), four or more types of crimes are added. 5. Outburst - Those who continue on adulthood will progress into more sophisticated or more violent forms of criminal behavior. CLASSIFICATION OF DELINQUENCY 1. Unsocialized Aggression - Rejected or abandoned, NO parents to imitate and become aggressive. 2. Socialize Delinquency - Membership of fraternities or groups that advocate bad things. 3. Over-Inhibited – Group secretly trained to do illegal activities, like marijuana cultivation
CAUSES OF BEHAVIORAL DISORDERS 1. Predisposing Factor • Inclinations or inherited propensities, which cannot be, considered a criminal one unless there is a probability that a crime will be committed. 2. Precipitating Factor • Elements which provokes crimes or factors that are signified to the everyday adjustments of an individual, like personal problems, necessities, imitation, curiosity, ignorance, and diseases.
Factors Contributing to Juvenile Delinquency in Schools 1. Poor Teacher-Student Relationships – The quality of teacher-student relationships significantly affects student behavior and academic performance. Positive relationships are associated with lower rates of delinquency, as they foster a supportive learning environment. Conversely, strained or negative relationships can lead to disengagement and increased risk of delinquent behavior.
2. Inadequate School Policies and Discipline – School policies and disciplinary practices can either contribute to or prevent juvenile delinquency. Policies that are overly punitive or unfair can exacerbate the problem by creating a hostile school climate. In contrast, balanced and restorative approaches to discipline can reduce delinquency by addressing the root causes of misbehavior.
3. Lack of Support for Students with Special Needs – Students with special needs often require additional support to succeed academically and behaviorally. A lack of adequate resources and accommodations can lead to frustration and behavioral issues, potentially resulting in delinquency.
The Role of School Environment in Shaping Youth Behavior 1. Impact of School Climate on Student Behavior – School climate encompasses various aspects, including safety, supportiveness, and engagement. A positive school climate is associated with lower rates of delinquency and improved academic outcomes.
2. Effects of Bullying and Violence on Delinquency – Bullying and violence are significant concerns within schools, contributing to a negative school climate. These behaviors can lead to increased aggression, anxiety, and delinquency among students.
3. Importance of Extracurricular Activities in Promoting Positive Development – Extracurricular activities offer numerous benefits, including improved social skills, academic performance, and reduced risk of delinquency. These activities provide students with positive outlets for energy and opportunities for socialization.
Strategies for Reducing Juvenile Delinquency in Schools 1. Implementing Evidence-Based Prevention Programs – Evidence-based prevention programs are designed to address specific risk factors for delinquency. These programs have been shown to reduce delinquent behavior and improve overall outcomes for youth.
2. Fostering Positive Relationships between Teachers and Students – Building positive teacher-student relationships is fundamental to creating a supportive learning environment. This can be achieved through teacher training, mentoring programs, and practices that promote engagement and respect.
3. Providing Support Services for At-Risk Students – Identifying and supporting at-risk students is critical for preventing delinquency. This includes providing academic support, counseling, and connecting students with community resources. • Lee, S. (n.d.). School’s role in juvenile delinquency. https://www.numberanalytics.com/blog/school-influence- juvenile-delinquency
Theories on Delinquency
GENERAL INFERIORITY THEORY/ HOOTON’S THEORY • Earnest Albert Hooton was an American physical anthropologist known for his work on racial classification and applied it to the area of criminal behavior. • According to Hooton: Criminals are less often married and more often divorced, Criminals often have tattoos, Criminals have low sloping foreheads, high nasal bridges, and thin lips
• Based on these observations Hooton concluded that the underlying cause of criminal behavior is to be found in physical characteristics: –Tall-slender men- are predisposed for murder and robbery –Tall-medium heavy men-for forgery  –Tall-heavy men- for first degree murder
Family System Theory Jennifer Myers. (2016, March 15). Family System’s Theory - EDUC 111 [Video]. YouTube. https://www.youtube.com/watch?v=vBK_WRrcnfo
Low IQ Theory Jesse Lauren. (2020, October 21). The low I.Q. theory [Video]. YouTube. https://www.youtube.com/watch?v=-w51UjZThV0
1. Cultural Deviance Theory • Stated that children do not really commit deviant acts. their behavior may be considered deviant by larger society, but it is compatible with the behavior in their neighborhood. • Personalities Under Cultural Deviance Theory * Clifford Shaw and Henry Mckay (Neighborhood and Delinquency) - Blame Delinquency on the neighborhood where a child lives in. * Edwin Sutherland (Differential Association Theory/ Social Learning Theory) - Crime is learned behavior
2. Strain Theory • children are basically good, only under pressure do they deviate. • Personalities Under Strain Theory * Robert Merton strain theory - Blames delinquency on conformity to conventional cultural values * Albert Cohen strain theory - Delinquency is the consequence of childre expressing their frustration towards middle class norms and institutions.
* Richard Cloward and Lloyd Ohlin strain theory - Delinquency is blamed on the pressures to succeed and on the obstacles lower class child face. * Robert Agnew strain theory - Failure to achieve positive valued goals - denial of previously attained achievements - exposure to negative stimuli
Robert Merton Strain theory
Social Control Theory • Assume that children are amoral. without controls on their behavior, they are incline to break the law. • personalyties under social control theory *David Matza Social Control Theory - Matza think that delinquency theory exaggerated the difference between deliquents and non delinquents. * Travis Hirschi Social Control Theory (SocialControl Theory/ Social Bonding Theory) - Hirschi is not surprised that children commit deviance. He expects them to, unless obstacles are in their path by a disapproving society.
Labeling Theory • believed that human nature is malleable and that personalities and behavior are products of social interaction • emphasize the power of social response, specially in the form of social control, to produce delinquents behavior.
B.Concepts of Kaplan’s Theory of Self-Esteem: 1.Self-Esteem as a Core Component of Behavior: • Kaplan proposed that self-esteem is a central factor influencing human behavior. • When individuals perceive themselves as valued, competent, and accepted, they are more likely to behave in socially acceptable and adaptive ways.
2.Low Self-Esteem and Deviant Behavior: • One of Kaplan’s key propositions is that low self-esteem leads to deviant or antisocial behavior. • Individuals with low self-esteem may engage in such behavior to regain a sense of self-worth, especially when they feel marginalized, rejected, or devalued by society.
3.Self-Rejection Hypothesis: • Kaplan’s self-rejection hypothesis argues that individuals who reject themselves (i.e., have low self-esteem) are more likely to reject the norms and values of society, leading to deviance. • This is particularly evident in adolescents who may turn to gangs, delinquency, or substance use as a way to cope with poor self-image.
4.Self-Esteem as a Mediator: • In his view, social experiences (like school failure, family conflict, or peer rejection) affect behavior through their impact on self-esteem. • Thus, interventions that enhance self-esteem can reduce the likelihood of deviant or maladaptive behaviors.
Implications of Kaplan’s Theory: Prevention and Intervention: • Programs that promote positive self-esteem, especially among youth, may reduce deviant behaviors. • Schools, families, and communities are encouraged to create environments where individuals feel valued and capable. Sociological and Psychological Integration: • Kaplan’s theory bridges psychological self-concept theories with sociological understandings of deviance, making it influential in criminology, education, and youth development.
Attention-Deficit Hyperactive Theory(ADHD theory) • ADHD is caused by genetic and neurobiological factors, influenced by environmental conditions, and expressed through cognitive and behavioral symptoms. • Juvenile delinquency is caused by immaturity and hyperactivity like grade schoolers characterized by short attention span, daydreaming, sluggishness, preoccupation, and impulsiveness.
Genetics Theory • This theory states that people who have abnormal genetic structure or chromosomal activities commit crimes and delinquency. • The theory explains that the behaviour of violent male criminals is the proposal of a chromosomal abnormality in which such males have an XXY, instead of the normal XY, male chromosomal pattern.
• In the Twin studies conducted it was found out that fraternal twins testified they were reared and treated alike, hence, delinquency may not be a function of hereditary but rather of socialization and the environment. This was supported by the researcher of Karl Christeansen in Denmark where he found out that identical twin had similar experience as to no delinquent or delinquent for both, 35% in his findings for delinquency rates. • Hereditary influence failed to explain delinquency because it failed to separate it from the influence of the environment.
• It was advocated by Frederick Thrasher. A gang is a band of people going about together or working especially for some criminal purposes. • Delinquency develops through the following: – Gangs originated as playgroups. – Playgroups are transformed into gangs. – Competition for turf leads to gang conflict – Delinquent gangs may have complex social structure as any other social group. GANG THEORY
DIFFERENTIAL ASSOCIATION THEORY • It is a symbolic interactionist theory of delinquency advocated by Edwin Sutherland. He theorized that criminal behavior is learmed, the leaming includes: (a) techniques of commtting the crime, which are sometimes complicated, sometimes simples; (b) the specific direction of motives, drives, rationalization, and attitudes. One of the greatest achievement of this theory is when other advocates Ohlin and Cloward, convinced the (US) administration of Kennedy and Johnson to organize the American War on Poverty in the 1960's.
SOCIAL BONDINGICONTROL THEORY • The bond that keeps the community together in harmony is broken. It eventually leads to the commission of crimes and delinquency. When the controlling mechanism of the society is loose, the children would be free to play around and will work their own way to delinquency.
SOCIOLOGICAL THEORIES • There are four reasons why sociological theories are distinct and prominent explanation of crime s and delinquency that the biological and psychological theories: – The new sociological theories blame delinquency on social and environmental circumstances. – Social institution was believed to be plaque by disintegration and disorganization. – Some observers assumed that disintegration and disorganization made individuals more likely to engage in delinquency. – The prevailing opinion was that the lower class was responsible for the majority of delinquency.
ECOLOGICAL THEORY • It was then advocated by Clifford Shaw and Henry McKay. They believed that juvenile delinquency could be understood only by considering the social context in which youth lived context that itself was a product of major societal transformation brought by: – Occurrence of rapid social change procedure by industrialization, urbanization and immigration. – Rapid social change produces dilapidated area. – Dilapidated area creates social disorganization. – Social disorganization allows culture conflict to arise.
– Cultural conflict allows crime and delinquency to flourish. – Delinquent behaviors result allowed to flourish delinquency become a full time job or career.
The Theory of Educational Disability • The Theory of Educational Disabilities isn't a single unified theory like Piaget’s stages of development or Skinner’s behaviorism. Rather, it refers to a body of theories and frameworks that aim to explain the causes, identification, and impact of learning and educational disabilities in children and adults. – Educational disability theories guide: • How students are identified for special education • How Individualized Education Programs (IEPs) are developed • What interventions or accommodations are used
REFERENCES • Sociology Vibes. (2025, February 2). What are Social Disorganization & Culture of Deviance Theories? | Intro to Sociology | Crime | [Video]. YouTube. https://www.youtube.com/watch?v=tFUTcfV-lWs • Helpful Professor Explains! (2024, October 18). Strain Theory (Explained in 3 minutes) [Video]. YouTube. https://www.youtube.com/watch?v=PmWecREyjUc
• Helpful Professor Explains! (2024b, December 24). Social Control Theory (Explained in 4 minutes) [Video]. YouTube. https://www.youtube.com/watch?v=nFlbMoSKPIo • Zoe Kelly Emily. (2016, July 19). David Matza’s Theory - Crime and Deviance [Video]. YouTube. https://www.youtube.com/watch?v=jV629KK2Xrw • Tristyn Short. (2017, November 10). Anomie-Strain Theory [Video]. YouTube. https://www.youtube.com/watch?v=BR954b9RfNU
• Simplified In Short. (2025, March 14). Social control theory explained (Simplified) [Video]. YouTube. https://www.youtube.com/watch?v=7t- 4l6gnyTE • Simplified In Short. (2024, August 18). Labeling theory explained | Sociology and Criminology [Video]. YouTube. https://www.youtube.com/watch? v=cgolAR5A6hg • Badua, B. (2021). Juvenile Delinquency and Juvenile Justice System: A research-based textbook with normal approach. Quezon City; Wiseman’s Books Trading, Inc. • Chavez, C. B., Sarte, E. K., Miguel, M. V., Pioquinto, P. V., Pascual, R. F., Millan, A. R., & Landicho, G. P. (2023). Juvenile Delinquency & Juvenile Justice System. Wiseman's Books Trading, Inc.
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Concept and Nature of Juvenile Justice and Delinquency.pptx

  • 1.
    Juvenile Justice &Delinquency College of Criminal Justice Education Master of Science in Criminal Justice with Specialization in Criminology 2nd Term, AY 2024-2025 Bonifacio T. Santos Jr. Reporter
  • 2.
    Concept and Natureof Juvenile Justice and Delinquency
  • 3.
    Introduction: The Philippines haslong recognized the need to address juvenile delinquency in a manner that balances public safety with the welfare and rehabilitation of children in conflict with the law (“CICL”). The 1987 Philippine Constitution lays the groundwork for the State’s duty to protect children, enjoining all branches of government to provide for their care and development. This constitutional mandate aligns with the country’s commitments under international instruments, particularly the United Nations Convention on the Rights of the Child (UNCRC), which stresses that children accused or found guilty of crimes must be treated in a manner that promotes their reintegration into society. The primary legal framework for the juvenile justice system is the Juvenile Justice and Welfare Act of 2006 (Republic Act [R.A.] No. 9344), as amended by R.A. No. 10630. It espouses a restorative justice approach, emphasizing rehabilitation and reintegration.
  • 4.
    What is JuvenileJustice? • system of laws, policies, and procedures intended to regulate the processing and treatment of nonadult offenders for violations of law and to provide legal remedies that protect their interests in situations of conflict or neglect. Punishable offenses that are classified as criminal offenses for adults (e.g., murder, robbery, and larceny) are referred to as delinquency when committed by juveniles, whereas juvenile offenses mandating legal intervention only (e.g., alcohol and tobacco use, truancy, and running away from home) are referred to as status offenses. Children are also subject to specialized laws, procedures, and policies designed to protect their interests when parents or other legal guardians are unavailable, negligent, or involved in custodial disputes.
  • 5.
    What is JuvenileDelinquency? • 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. Juvenile Delinquency and Juvenile Justice System (Lian Carla C. Luzong, Instructor 1) power point https://www.studocu.com/ph/document/dominican-college-of-tarlac/college-of-criminal-justice-education/crim-5-juvenile-delinquency- and-juvenile-justice-system/67765981
  • 6.
    History of JuvenileJustice and Delinquency
  • 7.
    Historical Context andLegislative Foundation Pre-RA 9344 Regime • Before the enactment of R.A. No. 9344, juvenile delinquency was largely addressed under the Revised Penal Code (RPC) and the Child and Youth Welfare Code (Presidential Decree No. 603). Children were often detained with adult offenders due to a lack of separate juvenile facilities, resulting in significant concerns over children’s well-being and exposure to hardened criminals. https://www.respicio.ph/commentaries/juvenile-justice-system-in-the- philippines
  • 8.
    Passage of theJuvenile Justice and Welfare Act (R.A. No. 9344) • Enacted in 2006 to provide a comprehensive, child-focused approach, consistent with international standards. Established the Juvenile Justice and Welfare Council (JJWC) to oversee the implementation of the law, coordinate with various government agencies, and recommend reforms. Amendment through R.A. No. 10630 (2013) • Strengthened provisions on rehabilitation, diversion, and aftercare programs. Mandated additional facilities and support systems, including the Bahay Pag-asa centers for children in conflict with the law who require intensive intervention and short- term residential care. https://www.respicio.ph/commentaries/juvenile-justice-system-in-the- philippines
  • 9.
    1. Code ofHammurabi – 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.
    2. Roman Lawand 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.
  • 11.
    4. Codification ofRoman 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.
  • 12.
    5. Anglo SaxonCommon 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.
  • 13.
    6. Middle of19th 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 delinquent's 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
  • 14.
    7. Poor LawAct 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.
  • 15.
    Growth and Developmentof Social Community and Environmental Influences on Delinquency
  • 16.
    FACTORS AFFECTING JUVENILEDELINQUENCY 1. Individual Risk Factors • Individual psychological or behavioral risk factors that may make offending more likely include intelligence, impulsiveness or the inability to delay gratification, aggression, empathy, and restlessness. Children with low intelligence are likely to do worse in school. This may increase the chances of offending because low educational attainment, a low attachment to school, and low educational aspirations are all risk factors for offending in themselves. Children who perform poorly at school are also more likely to truant, which is also linked to offending.
  • 17.
    2. Family • Thefamily is the first and the basic institution in our society for developing the child’s potential, in all its many aspects like emotional, intellectual, moral, and spiritual as well as physical and social. It is within the family that the child must learn to curb his desires and to accept rules that define the time, place and circumstances under acceptable ways. The following are some of the causes why some of the child becomes juvenile delinquent as influence their own family;
  • 18.
    a. the faultydevelopment of a child b. lack of parental guidance c. lack of love and the instinct of hate or anger due to unfair treatment d. parental rejection e. broken home f. parental abuse or neglect g. criminal parents or sibling Take Note: Home is referred to as the “cradle of human personality”.
  • 19.
    3. Environment • Itis where the child influences after his first highly formative years. Youth in the community turns to become delinquent with companions. Youth today accuse those ahead of them for failure to define how to live both honorably and successfully in a world that is changing too rapidly for anyone to comprehend. Together they now becomes a victim of their own environment, their attitudes, dress, taste, ambitions, behavior are imitated or have been already influence by those anti-social acts recognized in their environment. Some of these causes are the following:
  • 20.
    a. associations withcriminal groups/gangs b. alcoholism and drug addiction c. impulse of fear d. crime inducing situation that caused criminalistic tendencies e. imitated instinct like selfishness, violence and anti-social wishes.
  • 21.
    4. School • Apublic instrument for training young people. It is more directly accessible to change through the development of new resources and policies. And since it is a principal institution for development of a basic commitment by young people to the goals and values of our society, it is imperative that it be provided with the resources to compete with illegitimate attraction for young people’s allegiance.
  • 22.
    5. Other Departmentor Agencies of the Government • Some of the department and agencies of the government also create factors that influence the youth to become delinquent, such as the following: a. political interference of the higher positions b. unfair decisions of the court c. police carelessness and unfair treatment d. influence from the newspapers, movies, tv, radio, comic, and other magazine
  • 23.
    How does communityinvolvement affect juvenile justice? Jail & Prison Insider. (2025, June 19). How does community involvement affect juvenile justice? - Jail & Prison Insider [Video]. YouTube. https://www.youtube.com/watch?v=VOoB7S6_uNY
  • 24.
    How do environmentalfactors influence criminal behavior? True Crime Lovers. (2025, January 28). How do environmental factors influence criminal behavior? | True Crime Lovers [Video]. YouTube. https://www.youtube.com/watch?v=ALIJkhWApp8
  • 25.
    SIGNIFICANT CASES CONCERNINGJUVENILE DELINQUENCY 1. In re: Winship • It established proof beyond a reasonable doubt as the standard for juvenile adjudication proceedings, eliminating lesser standards such as a preponderance of the evidence, clear and convincing proof and reasonable proof. They established that a jury trial is not a required part of due process in the adjudication of the youth as delinquent by a juvenile court. 2. Breed v. Jones • It recognized that a juvenile cannot be adjudicated in a juvenile court and then tried for the same offense in an adult criminal court (double jeopardy). 3. Kent v. United States • It provided the procedural requirements for waiver to criminal court as articulated by the U.S. Supreme Court.
  • 26.
    4. In reGault (1967) • The Court held that juvenile courts must provide the basic procedural protection that the Bill of Rights guarantee to adults, including timely advance notice of the charges, the right to either retained or appointed counsel, confrontation and cross- examination of adverse witnesses, self-incrimination, and the right to remain silent. The opinion also rejected the basic premise of juvenile court actions: that the proceedings are civil in nature and those minors' rights are adequately protected by the judges acting as substitute parents.
  • 27.
    5. 1977, AmericanBar Association • It endorsed decriminalization of status offenses, urging that juvenile delinquency liability should include only such conduct as would be designated a crime if committed by an adult. In the 1980s many training schools and high- security institutions were built in rural areas or close to small rural towns so the inmates could be trained in agriculture. The hope was that such training would produce productive citizens.
  • 28.
    6. Schall v.Martin (1984) • The Supreme Court upheld the state's right to place juveniles in preventive detention. Preventive detention was perceived as fulfilling a legitimate state interest of protecting society and juveniles by detaining those who might be dangerous to society or to themselves.
  • 29.
  • 30.
    TYPES OF DELINQUENTYOUTH 1. Social – an aggressive youth who resents the authority of anyone who make an effort to control his behavior. 2. Neurotic – he has internalized his conflicts and preoccupied with his own feelings 3. Asocial – his delinquent at have a cold, brutal, fictious quality for which the youth feels no humors 4. Accidental – he is less identifiable in his character, essentially socialize law abiding but too happens to be at the wrongplace at the wrong time and becomes involved in some delinquent act not typical of his general behavior.
  • 31.
    STAGES OF DELINQUENCY 1.Emergence- the child begins with petty larceny between (8 and sometimes the 12th year.) 2. Exploration -he or she then move on to shoplifting and vandalism between (ages 12 to 14.) 3. Explosion - at age (13 up), there is a substantial increase in variety of seriousness. 4. Conflagration - at around (15 up), four or more types of crimes are added. 5. Outburst - Those who continue on adulthood will progress into more sophisticated or more violent forms of criminal behavior. CLASSIFICATION OF DELINQUENCY 1. Unsocialized Aggression - Rejected or abandoned, NO parents to imitate and become aggressive. 2. Socialize Delinquency - Membership of fraternities or groups that advocate bad things. 3. Over-Inhibited – Group secretly trained to do illegal activities, like marijuana cultivation
  • 32.
    CAUSES OF BEHAVIORALDISORDERS 1. Predisposing Factor • Inclinations or inherited propensities, which cannot be, considered a criminal one unless there is a probability that a crime will be committed. 2. Precipitating Factor • Elements which provokes crimes or factors that are signified to the everyday adjustments of an individual, like personal problems, necessities, imitation, curiosity, ignorance, and diseases.
  • 33.
    Factors Contributing toJuvenile Delinquency in Schools 1. Poor Teacher-Student Relationships – The quality of teacher-student relationships significantly affects student behavior and academic performance. Positive relationships are associated with lower rates of delinquency, as they foster a supportive learning environment. Conversely, strained or negative relationships can lead to disengagement and increased risk of delinquent behavior.
  • 34.
    2. Inadequate SchoolPolicies and Discipline – School policies and disciplinary practices can either contribute to or prevent juvenile delinquency. Policies that are overly punitive or unfair can exacerbate the problem by creating a hostile school climate. In contrast, balanced and restorative approaches to discipline can reduce delinquency by addressing the root causes of misbehavior.
  • 35.
    3. Lack ofSupport for Students with Special Needs – Students with special needs often require additional support to succeed academically and behaviorally. A lack of adequate resources and accommodations can lead to frustration and behavioral issues, potentially resulting in delinquency.
  • 36.
    The Role ofSchool Environment in Shaping Youth Behavior 1. Impact of School Climate on Student Behavior – School climate encompasses various aspects, including safety, supportiveness, and engagement. A positive school climate is associated with lower rates of delinquency and improved academic outcomes.
  • 37.
    2. Effects ofBullying and Violence on Delinquency – Bullying and violence are significant concerns within schools, contributing to a negative school climate. These behaviors can lead to increased aggression, anxiety, and delinquency among students.
  • 38.
    3. Importance ofExtracurricular Activities in Promoting Positive Development – Extracurricular activities offer numerous benefits, including improved social skills, academic performance, and reduced risk of delinquency. These activities provide students with positive outlets for energy and opportunities for socialization.
  • 39.
    Strategies for ReducingJuvenile Delinquency in Schools 1. Implementing Evidence-Based Prevention Programs – Evidence-based prevention programs are designed to address specific risk factors for delinquency. These programs have been shown to reduce delinquent behavior and improve overall outcomes for youth.
  • 40.
    2. Fostering PositiveRelationships between Teachers and Students – Building positive teacher-student relationships is fundamental to creating a supportive learning environment. This can be achieved through teacher training, mentoring programs, and practices that promote engagement and respect.
  • 41.
    3. Providing SupportServices for At-Risk Students – Identifying and supporting at-risk students is critical for preventing delinquency. This includes providing academic support, counseling, and connecting students with community resources. • Lee, S. (n.d.). School’s role in juvenile delinquency. https://www.numberanalytics.com/blog/school-influence- juvenile-delinquency
  • 42.
  • 43.
    GENERAL INFERIORITY THEORY/HOOTON’S THEORY • Earnest Albert Hooton was an American physical anthropologist known for his work on racial classification and applied it to the area of criminal behavior. • According to Hooton: Criminals are less often married and more often divorced, Criminals often have tattoos, Criminals have low sloping foreheads, high nasal bridges, and thin lips
  • 44.
    • Based onthese observations Hooton concluded that the underlying cause of criminal behavior is to be found in physical characteristics: –Tall-slender men- are predisposed for murder and robbery –Tall-medium heavy men-for forgery  –Tall-heavy men- for first degree murder
  • 45.
    Family System Theory JenniferMyers. (2016, March 15). Family System’s Theory - EDUC 111 [Video]. YouTube. https://www.youtube.com/watch?v=vBK_WRrcnfo
  • 46.
    Low IQ Theory JesseLauren. (2020, October 21). The low I.Q. theory [Video]. YouTube. https://www.youtube.com/watch?v=-w51UjZThV0
  • 47.
    1. Cultural DevianceTheory • Stated that children do not really commit deviant acts. their behavior may be considered deviant by larger society, but it is compatible with the behavior in their neighborhood. • Personalities Under Cultural Deviance Theory * Clifford Shaw and Henry Mckay (Neighborhood and Delinquency) - Blame Delinquency on the neighborhood where a child lives in. * Edwin Sutherland (Differential Association Theory/ Social Learning Theory) - Crime is learned behavior
  • 49.
    2. Strain Theory •children are basically good, only under pressure do they deviate. • Personalities Under Strain Theory * Robert Merton strain theory - Blames delinquency on conformity to conventional cultural values * Albert Cohen strain theory - Delinquency is the consequence of childre expressing their frustration towards middle class norms and institutions.
  • 50.
    * Richard Clowardand Lloyd Ohlin strain theory - Delinquency is blamed on the pressures to succeed and on the obstacles lower class child face. * Robert Agnew strain theory - Failure to achieve positive valued goals - denial of previously attained achievements - exposure to negative stimuli
  • 51.
  • 52.
    Social Control Theory •Assume that children are amoral. without controls on their behavior, they are incline to break the law. • personalyties under social control theory *David Matza Social Control Theory - Matza think that delinquency theory exaggerated the difference between deliquents and non delinquents. * Travis Hirschi Social Control Theory (SocialControl Theory/ Social Bonding Theory) - Hirschi is not surprised that children commit deviance. He expects them to, unless obstacles are in their path by a disapproving society.
  • 54.
    Labeling Theory • believedthat human nature is malleable and that personalities and behavior are products of social interaction • emphasize the power of social response, specially in the form of social control, to produce delinquents behavior.
  • 56.
    B.Concepts of Kaplan’sTheory of Self-Esteem: 1.Self-Esteem as a Core Component of Behavior: • Kaplan proposed that self-esteem is a central factor influencing human behavior. • When individuals perceive themselves as valued, competent, and accepted, they are more likely to behave in socially acceptable and adaptive ways.
  • 57.
    2.Low Self-Esteem andDeviant Behavior: • One of Kaplan’s key propositions is that low self-esteem leads to deviant or antisocial behavior. • Individuals with low self-esteem may engage in such behavior to regain a sense of self-worth, especially when they feel marginalized, rejected, or devalued by society.
  • 58.
    3.Self-Rejection Hypothesis: • Kaplan’sself-rejection hypothesis argues that individuals who reject themselves (i.e., have low self-esteem) are more likely to reject the norms and values of society, leading to deviance. • This is particularly evident in adolescents who may turn to gangs, delinquency, or substance use as a way to cope with poor self-image.
  • 59.
    4.Self-Esteem as aMediator: • In his view, social experiences (like school failure, family conflict, or peer rejection) affect behavior through their impact on self-esteem. • Thus, interventions that enhance self-esteem can reduce the likelihood of deviant or maladaptive behaviors.
  • 60.
    Implications of Kaplan’sTheory: Prevention and Intervention: • Programs that promote positive self-esteem, especially among youth, may reduce deviant behaviors. • Schools, families, and communities are encouraged to create environments where individuals feel valued and capable. Sociological and Psychological Integration: • Kaplan’s theory bridges psychological self-concept theories with sociological understandings of deviance, making it influential in criminology, education, and youth development.
  • 61.
    Attention-Deficit Hyperactive Theory(ADHDtheory) • ADHD is caused by genetic and neurobiological factors, influenced by environmental conditions, and expressed through cognitive and behavioral symptoms. • Juvenile delinquency is caused by immaturity and hyperactivity like grade schoolers characterized by short attention span, daydreaming, sluggishness, preoccupation, and impulsiveness.
  • 62.
    Genetics Theory • Thistheory states that people who have abnormal genetic structure or chromosomal activities commit crimes and delinquency. • The theory explains that the behaviour of violent male criminals is the proposal of a chromosomal abnormality in which such males have an XXY, instead of the normal XY, male chromosomal pattern.
  • 63.
    • In theTwin studies conducted it was found out that fraternal twins testified they were reared and treated alike, hence, delinquency may not be a function of hereditary but rather of socialization and the environment. This was supported by the researcher of Karl Christeansen in Denmark where he found out that identical twin had similar experience as to no delinquent or delinquent for both, 35% in his findings for delinquency rates. • Hereditary influence failed to explain delinquency because it failed to separate it from the influence of the environment.
  • 64.
    • It wasadvocated by Frederick Thrasher. A gang is a band of people going about together or working especially for some criminal purposes. • Delinquency develops through the following: – Gangs originated as playgroups. – Playgroups are transformed into gangs. – Competition for turf leads to gang conflict – Delinquent gangs may have complex social structure as any other social group. GANG THEORY
  • 65.
    DIFFERENTIAL ASSOCIATION THEORY •It is a symbolic interactionist theory of delinquency advocated by Edwin Sutherland. He theorized that criminal behavior is learmed, the leaming includes: (a) techniques of commtting the crime, which are sometimes complicated, sometimes simples; (b) the specific direction of motives, drives, rationalization, and attitudes. One of the greatest achievement of this theory is when other advocates Ohlin and Cloward, convinced the (US) administration of Kennedy and Johnson to organize the American War on Poverty in the 1960's.
  • 66.
    SOCIAL BONDINGICONTROL THEORY •The bond that keeps the community together in harmony is broken. It eventually leads to the commission of crimes and delinquency. When the controlling mechanism of the society is loose, the children would be free to play around and will work their own way to delinquency.
  • 67.
    SOCIOLOGICAL THEORIES • Thereare four reasons why sociological theories are distinct and prominent explanation of crime s and delinquency that the biological and psychological theories: – The new sociological theories blame delinquency on social and environmental circumstances. – Social institution was believed to be plaque by disintegration and disorganization. – Some observers assumed that disintegration and disorganization made individuals more likely to engage in delinquency. – The prevailing opinion was that the lower class was responsible for the majority of delinquency.
  • 68.
    ECOLOGICAL THEORY • Itwas then advocated by Clifford Shaw and Henry McKay. They believed that juvenile delinquency could be understood only by considering the social context in which youth lived context that itself was a product of major societal transformation brought by: – Occurrence of rapid social change procedure by industrialization, urbanization and immigration. – Rapid social change produces dilapidated area. – Dilapidated area creates social disorganization. – Social disorganization allows culture conflict to arise.
  • 69.
    – Cultural conflictallows crime and delinquency to flourish. – Delinquent behaviors result allowed to flourish delinquency become a full time job or career.
  • 70.
    The Theory ofEducational Disability • The Theory of Educational Disabilities isn't a single unified theory like Piaget’s stages of development or Skinner’s behaviorism. Rather, it refers to a body of theories and frameworks that aim to explain the causes, identification, and impact of learning and educational disabilities in children and adults. – Educational disability theories guide: • How students are identified for special education • How Individualized Education Programs (IEPs) are developed • What interventions or accommodations are used
  • 71.
    REFERENCES • Sociology Vibes.(2025, February 2). What are Social Disorganization & Culture of Deviance Theories? | Intro to Sociology | Crime | [Video]. YouTube. https://www.youtube.com/watch?v=tFUTcfV-lWs • Helpful Professor Explains! (2024, October 18). Strain Theory (Explained in 3 minutes) [Video]. YouTube. https://www.youtube.com/watch?v=PmWecREyjUc
  • 72.
    • Helpful ProfessorExplains! (2024b, December 24). Social Control Theory (Explained in 4 minutes) [Video]. YouTube. https://www.youtube.com/watch?v=nFlbMoSKPIo • Zoe Kelly Emily. (2016, July 19). David Matza’s Theory - Crime and Deviance [Video]. YouTube. https://www.youtube.com/watch?v=jV629KK2Xrw • Tristyn Short. (2017, November 10). Anomie-Strain Theory [Video]. YouTube. https://www.youtube.com/watch?v=BR954b9RfNU
  • 73.
    • Simplified InShort. (2025, March 14). Social control theory explained (Simplified) [Video]. YouTube. https://www.youtube.com/watch?v=7t- 4l6gnyTE • Simplified In Short. (2024, August 18). Labeling theory explained | Sociology and Criminology [Video]. YouTube. https://www.youtube.com/watch? v=cgolAR5A6hg • Badua, B. (2021). Juvenile Delinquency and Juvenile Justice System: A research-based textbook with normal approach. Quezon City; Wiseman’s Books Trading, Inc. • Chavez, C. B., Sarte, E. K., Miguel, M. V., Pioquinto, P. V., Pascual, R. F., Millan, A. R., & Landicho, G. P. (2023). Juvenile Delinquency & Juvenile Justice System. Wiseman's Books Trading, Inc.
  • 74.

Editor's Notes

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  • #5 mesdemeanors - a minor wrongdoing or less serious than a felony Punishable offenses that are classified as criminal offenses for adults (e.g., murder, robbery, and larceny) (e.g., alcohol and tobacco use, truancy, and running away from home) are referred to as status offenses.