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Test date: 27-29 MayKRM 210: SECTION B NOTES- CHILD AND YOUTH MISBEHAVIOUR
IN S.A
CHAPTER 1: TERMINOLOGY OVERVIEW
1. Culture of violence
Refers to the daily activities that are characterised by violence. This
includes interpersonal relationships and entertainment. Crime and
violence are the norm in the family and in the community
Paradox between the culture of violence and human rights
Ways in which the culture of violence is developed
History of political violence
Social inequalities and deprivation
Availability of weapons
Violent gangs and violent role models
Ineffective CJs
Children in SA are exposed to violence on a daily basis through:
Violence in the community
Violence at home
Media
Violence at school (e.g. bullying and gang activities)
Technology (e.g. cyber bulling, gaming)
2. Child and Youth
A child is defined as an individual younger than 18 years, child and
youth will be used interchangeably to refer to children under the age
of 18 and the definition depends on the context in which it is used.
3. Youth misbehaviour
It is any type of wrongdoing committed by children younger than 18
years and includes minor acts (misbehaviour) and status offences
Eurocentric textbooks refer to it as “juvenile delinquency” therefore
this term will not be used as juvenile delinquency implies guilt and is
labelling to children who get involved in minor transgressions.
4. Criminal offences, crime or unlawfulness
Crime is an illegal action committed by an individual who can be
blamed for it and can be punished by the authorities , it is the illegal,
wilful human action that constitutes a transgression of the law, to
which is linked sentencing by the court of law after hearing and
conviction ( robbery, murder and rape etc)
Criminal offence or unlawful act means in contrast with or against
the law
1
©Notes compiled by Charmaine Moyo- not for resale
, Test date: 27-29 May
5. Age and criminal responsibility
Link between age and criminal responsibility
Irrefutable lack of criminal responsibility- younger than 10 years
Refutable lack of criminal responsibility- between 10years and 14
years
Refutable criminal responsibility- children of 14 years and older lack
criminal capacity until proven otherwise
The Child Justice Act 75 of 2008 which stipulates that the minimum
age is 10 for criminal capacity and cannot be stipulated
Factors that need to be considered when the prosecutor
prosecutes are:
Education levels, cognitive ability, domestic and
environmental circumstances and the age and maturity of the
child
Nature and seriousness of the offence
Probation officer assessment report
Impact of alleged offence on any victim
Interests of community
Prospects of establishing criminal capacity
Appropriateness of diversion
Any other relevant factors
Factors mentioned above prevents the child from being
prosecuted as an impulsive process by the prosecutor hoping that
he/she will prove criminal capacity further during the course of
the matter
In SA, first time offenders under the age off 21 are treated as
youths or minors and are not punished as harsh as adults, minority
and majority are the developmental phase individuals find
themselves in (emotionally, physically and intellectually)
Minority- the person is dependent on others (certain actions which
are not against the law for adults can bring the CJs in contact with
the youth)
Majority- person can manage their own affairs (in SA it is 18 but no
full capacity to act independently)
Adult- a person who is in a legal sense who obtained the full
capacity to act independently
6. Status offences
Status offences is the behaviour that is generally not seen as
unlawful, except if committed by persons younger than 18 years
(consumption of alcohol, smoking, truancy, sexual promiscuity)
If adults commit the crime, nothing will happen because they are
majors, so conduct is illegal because the child is underage and many
youths many youths make contact with the CJs because the act is
seen as normal in the society
Age is one of the most important factors influencing a child’s status
2
©Notes compiled by Charmaine Moyo- not for resale
, Test date: 27-29 May
CHAPTER 3: THE NATURE OF YOUTH MISBEHAVIOUR IN SA
(3.1 & 3.2)
3.1Status offences: behaviours that are considered misbehaviour only when
committed by a child and youth and would not be illegal if done so by an
adult
Status offences example: use of alcohol when younger than 18
years old → impairs social development → has negative influence on
school performance → can give rise to other misbehaviour
Types of status offences:
Behaviour prescribed because person committing it is underage
and needs protection
Behaviour that is regarded harmful to society or self-destructive
and children with such behaviour are status offenders (they are
directed to juvenile court when parents can’t take care of them)
Pervasive behaviour that indicates maladjustment to society
norms and values (truancy, disobedience, running away from
home and immoral conduct)
Case study: Eight-year-old child whose behaviour is characterised by
disrespect towards parents, school absenteeism and coming home after
midnight. Family factors – parental negligence and abuse of alcohol by
mother
Characteristics of status offences:
Offender is a minor
Destructive and socially unacceptable behaviour
Curbing, reducing or regulating status offences
Curfew laws
Punishment from parents
Projects to alleviate boredom at school
Support services
3.2Characteristics of child and youth offences
Background factors and personal characteristics that increase the
likelihood of a child becoming involved in criminal behaviour include:
Age- change in the age distribution of the population influences
crime, juvenile males are the majority and that’s why they are the
main population segment. Primary juvenile offending trajectories
are:
i. Early-peaking moderate offender- showed an early onset of
the offending around the age of 14 followed by a decline
ii. Late-onset moderate offender- display little or no offending
behaviour in early teen years but have a gradual increase
until the age of 16
iii. Chronic offenders- demonstrated an early onset of offending
with a sharp increase throughout time frame of study
Both victim and offending peak years are between the ages 12
and 21
Psychological variables- deficits in respect of the social
competencies of a child or adolescent increase the risk of social and
personal maladjustment in their future. So, the more they show
3
©Notes compiled by Charmaine Moyo- not for resale
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