KRM210 NOTES
SECTION B – CHILD AND YOUTH MISBEHAVIOUR
KRM210: STUDY UNIT 1 (CHAP 1): INTRO AND TERMINOLOGY
Definitions
Child vs Youth
- Child = an individual younger than 18 years
- Youth = usually individuals younger than 25 BUT for the purposes of this module,
‘child’ and ‘youth’ will be used interchangeably to refer to individuals under the age
of 18 years
Youth misbehavior vs juvenile delinquency
- Youth misbehavior = any type of wrongdoing committed by children younger than 18
years
o Includes minor acts (misbehavior) and status offences
- ‘youth misbehavior’ is preferred to ‘juvenile delinquency’
- Juvenile delinquency = implies criminal activities and guilt and it labels children who
are involved in minor misbehaviors as delinquents
o This label has negative connotations and causes a negative reaction from the
community
Crime
- Juridical definition = crime is an illegal action committed by an individual who can be
blamed for it and can be punished by authorities
- Non-juridical definition (human sciences definition) = behavior harmful to the
individual and/or society or an antisocial action that involves a threat, violation, or
infringement of the stability and security of society and its members
Status offences
- Behavior that is generally not seen as unlawful, except if committed by people under
the age of 18
- E.g. consuming alcohol, smoking, truancy (absent from school, running away from
home, disobedience), promiscuity, viewing pornography, rebelliousness
- These acts often result in youths making contact with the criminal justice system bc general
society perceives such acts as unbecoming for people under 18. Therefore, this conduct is
only illegal bc the child is underage.
- Not the same as criminal offences. Child will not be sent to prison. Child will be reprimanded
by parents.
- Needs to be addressed early to prevent escalation of misbehavior in the future that can
possibly lead to criminal offences.
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, Link between age and criminal responsibility
1. Irrefutable lack of 2. Refutable lack of 3. Refutable criminal
criminal responsibility criminal responsibility responsibility
Children younger than 10 Children 14 years and older
years old Children from 10 until younger (14+)
(0 – 9 yrs) than 14 years (10 – 13)
Child Justice Act 75 of 2008: Such children are deemed fully
minimum age is 10 for criminal
accountable and responsible
capacity Such children are not responsible for their
except when opposition could
actions, but this presumption could be
be proven
disputed/argued by the state
Defense must prove on a
Such children cannot be held Such children are presumed to lack criminal
balance of probabilities that
accountable, criminally capacity until proven otherwise (i.e. until
he was not accountable at
responsible, or legally guilty presumption is rebutted)
time of act.
- Won’t be arrested
- Won’t go to court Kid will be referred to psychologist to see if
Child will be tried as an adult,
- Won’t go to they have criminal responsibility. Prosecutor
but youthfulness is a
correctional center must consider certain factors (e.g. education
mitigating factor when
level of kid, cognitive ability, nature of offence imposing punishment (not
etc.) punished as harshly as adults)
Note:
- Majority status is reached by 18 years
- But ‘majority status’ does not mean that the full ability and capacity to act has been reached
and ability to distinguish between right and wrong has developed
- Therefore, maturity and majority are not synonymous
- It can be argued that some young people in SA in their 20s or early 30s are still “youths” in
their psychological and emotional development
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,KRM210: STUDY UNIT 2 (CHAP 3, NOTES 3.1): THE NATURE AND EXTENT OF YOUTH
MISBEHAVIOUR IN SA
Status offences
3 Types and (characteristics) of status offences:
o Behavior that is prescribed bc person committing it is underage and needs
protection (offender is a minor)
o Behavior that is harmful to society or self-destructive (destructive and socially
unacceptable behavior) (kids directed to juvenile court if parents can’t take care of
them)
o Pervasive behavior that indicates maladjustment to society’s norms (inability to
adhere to social norms)
Why are status offences regarded as youth misbehavior (example):
• Underage drinking -> can impair social development -> gives rise to misbehavior
Youth
• sex offending
School absenteeism -> lead to negative school performance -> making friends w other kids who aren’t doing
well, probs for the same reason (alcohol) -> misbehavior
-• Any
Poorsexual act perpetrated
attachment to parents ->bymisbehavior
a person under the age of 18 with a person of any age against
the victims will, without consent, or in an aggressive, threatening, exploitative manner
2 types of sexual offences:
• Non-contact offences
o Exhibitionism (flashing genitals), voyeurism (peeping toms), exposing a child to porn
or involving them in the manufacturing thereof
• Contact offences:
o Fondling (sexual assault), oral sex, penetration (rape)
2 categories of youth sex offenders:
• Those that offend against adults or peers
• Those that sexually offend against children
Youth that offend against Youths that offend against
adults or peers children
Characteristics vs Similarities
Choice of victim - Mostly female - Although this category - Mostly female
(strangers or has a higher rate of victims
acquaintances) male victims than the
other category, the
victims are mostly
female
Offence pattern - Occurs more often - Occurs more often in
in public areas private areas of
- Display aggression residence
and violence - Rely on opportunity
- Use weapons (to - Use guile, bribery,
overpower) trickery, threats more
- Injuries caused than violence and
aggression to gain
compliance from
victims
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, Social history and - Generally - Deficits in self-esteem - Learning
behavior patterns antisocial and social competency disabilities and
- Struggle to maintain academic
healthy relationships dysfunction
- Often have a history of - Difficulties in
past victimization impulse control
- Psychological and judgement
disorders
Criminal history - Have committed - Generally no criminal - Conduct
other non-sexual history disordered
offences - Substance
abuse
7 types of youth sex offenders (Good Sex Doesn’t Need Serious Unending Practice)
• Group influenced
• Sexually aggressive
• Disturbed impulsive
• Naïve experimenter
• Sexually compulsive
• Under-socialized
• Pseudo-socialized
Types of youth sex offenders Characteristics of these offenders
Group influenced - Often come from poor areas
- Experience huge peer pressure
- Have to prove themselves to belong
Sexually aggressive - Often have a disrupted family life
- Poor impulse control
- Need for power and domination
Disturbed impulsive - Often have learning difficulties
- Psychological disturbances
- Display conduct disorders (lying, vandalism,
aggression)
Naïve experimenter - Sexually curious
- They are often either victims of sexual
abuse or they have been influenced by porn
- Good prognosis for rehab if detected early
Sexually compulsive - Dysfunctional families
- Live in small spaces with many other ppl
- They enact the sexual behavior they see as
a way of alleviating fear
- Behavior becomes repetitive
Under-socialized - Lack social and interpersonal skills
- They feel like they lack power and abuse to
gain that power
Pseudo-socialized - Use coercion and bribery to lure young kids
- Confident and boastful
Risk factors that can contribute to youth sex offending:
• *Substance abuse
• *Previous victimization (during childhood)
• *Rape myths
• *Inadequate social skills
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