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Juvenile Delinquency.
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JUVENILE DELINQUENCY: ITS NATURE AND EXTENTWho is a Juvenile?
He is a person below the age of majority, who,
under the legal system may be dealt with for an offense in a manner different from that of an adult
Juvenile is synonymous to the terms, youth, minor and child. Republic Act 9344 or the Juvenile Justice
and Welfare Act of 2006 defines "Child" as a person below eighteen (18) years of age or over, but is
unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.
What is considered as the Age of Majority?
It commences at the age of eighteen (18) years as amended by RA 6809 or an act lowering the age of
majority from twenty- one to eighteen years, amending for the purpose Executive Order 209, and for
other purposes. This was approved on December 13, 1989.
What is Delinquency?
It refers to the disapproved behavior of minor.
Who is a Delinquent?
He is one whose behavior has brought him into repeated conflict with the law, regardless of whether he
has been taken before a court and adjudged as delinquent.
What is Juvenile Delinquency?
It refers to an anti-social acts or behavior of children which deviate from the normal pattern of rules and
regulations, custom and culture which society does not accept and which therefore justify some kind of
admonition, punishment or corrective measures in the public interest.
It is also defined as an anti-social behavior or act which does not conform with the standards of
society, which if left unchecked would give rise to criminality.
Types of Delinquency (EEP)
The following are the three (3) types of
delinquency
1. Environmental
,This is characterized by being occasionally
infringing norms.
2. Emotionally Maladjusted
This is characterized by constantly deviating from the normal pattern of rules and regulations, which
becomes a habit.
3. Psychiatric
This is characterized by serious mental and
emotional disorders, which cause an individual to commit wrongful acts.
Types of Delinquent Youth (SANA)
Below are the different types of delinquent youth.
1. Social
He is an aggressive youth who resents the
authority of anyone who makes an effort to control his behavior.
2. Asocial
He is one whose delinquent acts have a cold, brutal and vicious quality without remorse.
3. Neurotic
He is one who has internalized his conflicts and is preoccupied with his own feelings
4. Accidental
He is essentially sociable and law abiding but
happens to be at the wrong time and place and becomes involved in delinquent acts not typical of his
general behavior.
Approaches in the study of delinquency (BSP- C)
Below are the various approaches in the study of delinquency.
1. Biogenic
It believes that the person breaks the law as a result of faulty biology.
2. Sociogenic
As the Dean of Modern Criminology, Edwin
,Sutherland advocated in his Differential Association Theory which states that, "Criminal Behavior is
learned and not inherited'. This approach believes that delinquency is learned in the environment.
3. Psychogenic
It believes that the offender's personality problems are the factors for doing wrongful acts.
4. Contemporary Approach
It is the combination of the above approaches to explain reasons or causes for the commission of
delinquency.
Causes of Juvenile Delinquency (CHEMS)
Under Article 5 of Presidential Decree No. 603
otherwise known as the Child and Youth Welfare Code:
The civil personality of the child shall commence from the time of his conception, for all purposes
favorable to him, subject to the requirements of Article 41 of the Civil Code, which reads...
Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered
from the mother's Womb. However, if the fetus had an intra-uterine life of less than seven months, it is
not deemed born if it dies within twenty-four hours after its complete delivery from the maternal
womb."
Article 10 of the same code, provides for child's Phases of Development, which states that....
"The child shall enjoy special protection and shall be given opportunities and facilities, by law and by
other means, to ensure and enable his fullest development physically, mentally, emotionally, morally,
spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity
appropriate to the corresponding developmental stage.
This is the ideal set up or development of a child. In fact, our national hero, Dr. Jose P. Rizal said that
The youth are the hope of tomorrow. However, due to various factors, some children deviate from the
normal pattern of norms. The following are the major causes or contributory factors in juvenile
delinquency that will be discussed in the succeeding chapters
1. Companionship and Juvenile Gangs
2. Home and Family Conditions
3. Environment
4. Mass Communication; and
5. School
HOME AND FAMILY CONDITIONS
, Article 1 of PD 603 states that the child is one of the most important assets of the nation. Every effort
should be exerted to promote his welfare and enhance his opportunities for a useful and happy life.
The child is not a mere creature of the State.
Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not
conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member of the
farmily should strive to make the home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent of making
the home isolated and exclusive and unconcerned with the interests of the community and the country.
The natural right and duty of parents in the learning of the child for civic efficiency should receive the
aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general, should assist
the home and the State in the endeavor to prepare the child for the responsibilities of adulthood.
The Family
It is considered as the first and basic unit of socieiy.
Article 12 of RA 9344 states that the family shall be responsible for the primary nurturing and rearing of
children which is critical in delinquency prevention.
An ideal home or family has the following characteristics: (2C- 2E)
1. Completeness, wherein both father and motherare alive and present;
2. Cultural and moral conformity, wherein family members have same religious beliefs, cultural practices
and standard of ethics and value
3. Economic security, wherein it is capable to provide for its members' necessity; and
4. Emotional adequacy, wherein there is presence of tender love and care. Hence the word FAMILY
means Father And Mother I Love You.
Rights of the Child (PHD
CEP RPC- FGF)
Article 3 of PD 603 states that all children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecadents, and other
factors.
(1) Every child has the right to a well-rounded
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