Module 1: Introduction To Juvenile Delinquency: Lesson 1 - Basic Concepts and Definition Juvenile

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Module 1: Introduction to Juvenile Delinquency

Module Title: Introduction to Juvenile Delinquency


Course Title: Juvenile Delinquency and Juvenile Justice System
Course Number: CRM 215
Total Learning Time: 12 hours
Prerequisites: None

Overview
This module presents the Basic Concept, Definition and Nature of Delinquency. It also discusses the history of
childhood
and delinquency, the theories that included in the delinquency and the behavior of juvenile delinquents. Youth
offenders
were treated in the past the same way as adult offender but in the modern society it is expected to be child-centered
and
protective to children. Juvenile delinquency continues to be one of the crucial social problems in the Philippines, yet
also
the least given attention.

Lesson Outcomes
At the end of this module, the students must have:
1. internalized the basic concept and nature of delinquency;
2. Familiarized the theories of juvenile delinquency;
3. Mastered the behavior of juvenile delinquents.

Indicative Content
Lesson 1- Basic Concepts and Definition
Lesson 2- Nature of Delinquency
Lesson 3- The History of Childhood and Delinquency
Lesson 4-Theories of Delinquency
Lesson 5- Behavior of Juvenile Delinquents

Let’s Discuss
Lesson 1 - Basic Concepts and Definition
Juvenile
A juvenile is a person who has not reached adulthood or the age of majority (usually 18). From this point, it can be
assumed that the term covers a child, an adolescent, a minor, a youth, or a youngster below 18 years old.
Juveniles are generally regarded as immature or ones whose mental and emotional faculties are not fully developed,
thus making them incapable of taking full responsibility of their actions. Because of their age standing, they are held
to a standard of behavior that is different from that for adults. Juveniles are required to attend school between the ages
of 6 and 18; they are expected to obey their parents; they are forbidden to purchase alcohol or cigarettes or drive
motor vehicles; they may not marry without parental permission; they cannot enter into business or financial contracts;
and they are not permitted to vote, enter the military, or run away from home. Some jurisdictions place other
restrictions on juveniles, such as curfew, or laws against "incorrigible" o "immoral" behavior. On the contrary, adults
have the right to vote, to marry, to hold government office, and to enter into contracts.
In legal terms, a juvenile is a person subject to juvenile court proceedings because a statutorily defined event or
condition caused by or affecting that person was alleged to have occurred while his or her age was below the
statutorily specified age limit or original description of a juvenile court.
The Delinquent Person
From the viewpoint of a social worker, a delinquent is a person, of whatever age, whose attitude toward other
individuals, toward the community, toward lawful authority is such that it may lead him into breaking the law.
A delinquent person is also defined as one who repeatedly commits an act that is against the norms or mores observed
by the society. When a person habitually commits an act which is not in accordance to the rules or policies of the
organization or community where he belongs, he is considered a delinquent.
Juvenile delinquents maybe grouped in three ways:
1. Children aging below 7 years old
2. Children aging from 7 to 12 years old - juveniles who have doll incapax (not capable of having criminal intent)
3. Youths aging above 12 but below 18 years old

Juvenile Delinquency
Juvenile delinquency means different things to different individuals and groups. Commonly, the term is used to
describe a large number of disapproved behaviors of children and youth. In another way, anything the youth does that
others do not approve or like can be called juvenile delinquency. An example in case could be that of a child who
refuses to do household chores, or fights with siblings, goes with bad friends, talks back or answers back, or listens to
the wrong music. Parents, siblings, or relatives may call such behaviors delinquent even though no law was violated.
Juvenile delinquency also refers to an anti-social act or behavior of minors which deviates from the normal pattern of
rules and regulations, custom, and culture which society does not accept and which, therefore, justifies some kind of
admonishment, punishment, or corrective measures in the public interest.
Legally, juvenile delinquency is defined as:
 criminal law violations that would be considered crimes if committed by an adult;
 an act committed by a minor that violates the penal code of the government with authority over the
place in which the act occurred; • the committing of those things considered crimes by the
country:
 any act, behavior or conduct which might be brought to court and judged whether such is a violation of a law;

Juvenile delinquency can cover anything from man crime a student who cuts school repeatedly is delinquent - to very
serious crimes like felony theft and murder However, delinquency is distinct from crime in the sense that the former
maybe in the form of violation of a law, ordinance, or rule but it is punishable only by a small fine or a short-term
imprisonment or both.
The study of juvenile delinquency examines why juveniles break the laws; the participation of the family as a cause to
the problem: the neighborhood; the school, media, peers or barkada; and other sociological factors that contribute to
the growing problem of youth delinquency.

Juvenile Crime
In its simplest definition, "crime" is any specific act prohibited by law for which society has provided a formally
sanctioned punishment. This can also include the failure of a person to perform an act specifically required by law.
Legally speaking, a crime is an illegal act committed person with a criminal intent. Before the by an establishment of
juvenile courts, children under the age of seven were never held responsible for criminal acts. The law considered
them incapable of forming the necessary criminal intent. Children between the ages of 7 and 14 were generally
thought to be incapable of committing a criminal act, but this belief could be disproved by showing that the youth
knew the act was a crime or would cause harm to another and committed it anyway. Children over the age of 14 could
be charged with a crime and handled in the same manner as an adult.
Juvenile crime, in law, denotes various offenses committed by children or youths under the age of 18. Such acts are
sometimes referred to as juvenile delinquency. Children's offenses typically include delinquent acts, which would be
considered crimes if committed by adults, and status offenses, which are less serious misbehavior such as truancy and
parental disobedience. Both are within the jurisdiction of the juvenile court; more serious offenses committed by
minors may be tried in criminal court and be subject to prison sentences.

Unlawful acts committed by juveniles can be divided into five major categories:
1. Unlawful acts against person
2. Unlawful acts against property
3. drug and alcohol offenses
4. offenses against the public order
5. status offenses
The first four categories are comparable in definition to crimes committed by adults. Status offenses, on the other
hand, are acts that only juveniles can commit and that can be adjudicated only by a juvenile court. Typical status
offenses range from misbehavior/misdemeanor, such as violations of curfew, underage drinking, running away from
home, and truancy, to offenses that are interpreted very subjectively, such as unruliness and ungovernability (beyond
the control of parents and guardians).

Juvenile Justice System and Adult Justice System


Like adults, juveniles can be charged with violations of the criminal law, but because of their special status, an
alternative system has evolved for dealing with juvenile law breakers.
The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults
and juveniles who commit criminal acts generally should be treated differently from adults. Separate courts, detention
facilities, rules, procedures, and lawn were created for juveniles with the intent to protect their welfare and rehabilitate
them, while protecting public safety. The special status of children requires that they be protected and corrected, not
necessarily punished.
Perhaps the major difference between the adult and juvenile justice systems involves the purpose and nature of the
sanctions imposed. There are five competing philosophies that guide sentencing in adult courts retribution, vengeance,
incapacitation, deterrence, and rehabilitation. By contrast, actions taken in juvenile courts are, at least in theory,
deemed to be in the best interest of the child." The juvenile justice system, then, is based on the notion that every child
is treatable, and that judicial intervention will result in positive behavioral change. One would thus, assume that
juvenile court sanctions are based on a rehabilitation model and do not include any other sentencing objectives.
Beyond the philosophical orientation stemming from the special status of children, there are differences between adult
and juvenile justice systems. For adults to fall within the jurisdiction of the criminal courts, they must be charged with
some violation of the criminal law. A young person, however, can come to the attention of the juvenile courts in a
variety of ways. First, the juvenile may indeed be found to have violated the criminal law. Second, he or she can be
charged with having committed a status offense - an act declared by statute to be a crime because it violates the
behavior standards expected of children. Because of their status, only juveniles can be charged with the offenses of
running away, truancy, or being incorrigible. Third, a child may fall within the jurisdiction of the court because of the
behavior of an adult. That is, should a juvenile be the victim of abuse, neglect or abandonment by a parent or
guardian, the courts may intervene.

Lesson 2 - Nature of Delinquency

In the study of juvenile delinquency, there are existing questions that have to be ascertained as regards to the
following: whether the behavior is a manifestation of an emotional problem, or the result of negative social factors,
such as a broken family, poverty, environment and other socio-economic factors that become the basis of er
delinquent personality. Socio-cultural factors influence personality formation. However, a better understanding of the
general field of delinquency can be learned by examining the emotional disorders that produce delinquent personality
systems.

There are four aspects of the relationship between emotional disorder and delinquency:
1. That delinquent behavior is a symptom of some underlying emotional disorder. Fact is, many delinquent acts are
committed by youths who are emotionally disturbed and that some usually normal looking people commit criminal
acts when under great emotional stress. Some delinquent behavior is a symptomatic acting out of a deeper and
bigger problem;
2. Symptomatic behavior of emotional disturbance is likely to receive more attention when shown by a person
charged with or convicted of an act of delinquency. A certain amount of delinquent behavior is a result of underlying
emotional problems;
3. However, because there is a greater focus on the emotional background of the delinquent youth, than on the
average person, more emotional problems may be given to delinquent than to law abiding youths. The deviant
behavior may come from the emotional disorder, but in some , there may not be any causal connection between the
two. In other words, a delinquent may be emotionally disturbed, but the emotional disorder may not be related
to the delinquent behavior,
4. Delinquent behavior may cause emotional disorders. Delinquent youths may develop an induced emotional
disturbance as a result of detention, long term incarceration, or a variety of abnormal social forces involved in
the administration of justice. An example would be normal delinquent youths who are committed to psychiatric
wards of hospitals due to drug abuse, where the emotional stress produces personality problems not related to the use
of prohibited drugs.

Moreover, juvenile delinquency is characterized by the following:


a. Incidence of delinquency accelerates at age 13 and peaks at age 17.
b. The prevalence (how widespread youth crime is in the society) of different kinds of offending each stage and the
percentage of persons initiating and terminating; termination at about 18 or 19
c. The gap between male and female involvement in status and non-victimizing offenses of serious types.
d. A larger proportion of boys than girls having broken the law and that boy break it frequently
e. Sex ratio showing male involvements as value of goods stolen increases.

Stages of Delinquency
a. Emergence. The child begins with petty larceny between 8 and sometime during the 12th year.
b. Exploration. He or she then may move on to shoplifting and vandalism between ages 12 to 14
c. Explosion. At age 13, there is a substantial increase in variety and seriousness.
d. Conflagration. At around 15, four or more types of crime are added.

Classification of Delinquency
1. Unsocialized Aggression - Rejected or abandoned, no parents to imitate and become aggressive.
2. Socialized Delinquency - Membership in fraternities or groups that advocate bad things.
3. Over-inhibited - Group secretly trained to do illegal activities like marijuana cultivation.

Pathway to Delinquency
1. Authority-conflict Pathway - Begins at early age with stubborn behavior. This leads to defiance and then to
authority avoidance.
2. Covert Pathway - Begins with minor, underhanded behavior that leads to property damage. This behavior
eventually escalates to more serious forms of criminality.
3. Overt Pathway - Escalates to aggressive acts beginning with aggression and leading to physical fighting and then to
violence.

Juvenile Delinquency Tendencies


1. Malicious - Expression of defiance
2. Negativistic - Changeable attitudes like not being satisfied with status
3. Non-utilitarian - Vandalistic attitude like graffiti 4. Hedonistic - Doing bad things for pleasure
4. Hedonistic- Doing bad things for pleasure

Types of Delinquent Youth


Delinquent youths may be grouped according to manner in which their personality types define and affect their
delinquent behavior. They are:
1. Socialized delinquents - They become delinquents as a result of their social association with people from whom
they learned deviant values. They are more likely to become property violators than violent offenders.
2. Neurotic delinquents- These youths become delinquents as a result of distortions in their personality and their ideas
and perception of the world around them. They may commit delinquent acts because of their insecurities about
their masculinity. They may become deviant because of some anxiety or neurotic compulsion. For example,
youths who become kleptomaniacs, shoplifters and pyromaniacs have neurotic compulsions that usually result in
delinquent behavior.
3. Psychotic delinquents - There are youths with severe personality disorders have a significantly distorted perception
of the society and people around them. Unlike socialized offenders, they do not usually plan their crimes. Their
distorted view of reality and their delusional thoughts may compel them to commit weird acts that violate the law.
Psychotic offenders are likely to commit acts of violence, including murder. This category includes those
youths who tend to commit the most heinous and senseless acts of violence.
4. Sociopathic delinquents -These youths are characterized by an egocentric personality. They have limited or no
compassion for others. Because of this character defect, they can easily victimize others with little or no anxiety or
guilt. A Sociopath element is present in many delinquents, but not all delinquents are sociopaths. Many violent
gangsters are sociopathic

Other ways to classify delinquents are as follows:


A.
1. Environmental delinquent’s occasional lawbreakers.
2. Emotionally maladjusted delinquents are the chronic lawbreakers who make breaking of laws a habit they cannot
avoid or escape from. These
3. Psychiatric delinquents - They are persons who become delinquent due to mental illness or serious emotional
disturbances in the family.
B.
1. Occasional Delinquents These delinquents participate in a group. They have common or similar
characteristics. They are "pro-social’. They do what others are doing.
2. Gang Delinquents. They generally commit the most serious infractions, most often sent to a correctional institution,
and most continuous in a pattern of semi-professional criminal behavior as adults. Often
3. Maladjusted Delinquents - The activity stems from personality disturbance rather than gang activity or slum
residence. They have "weak ego, the asocial," experienced early and severe pain rejection. They are disorderly,
confused and not dependable with pathological disturbances.

Lesson 3 - The History of Childhood and Delinquency

“The history of childhood is a nightmare from which we have only recently begun to awake. The further back in
history one goes, the lower the level of child care, and the more likely children are to be killed, abandoned, beaten,
terrorized, and sexually abused." (DeMause, 1974)

Early Conceptualizations of Childhood

Childhood dates only to somewhere between the 14th and 17th centuries. Prior to this time, “small people were either
accorded no social presence at all, or were regarded as miniature adults.

Children as "Non-Human"
Practices which reflected children as non-human include:
 Infanticide especially illegitimate deformed, poor, later born, and girls.
 Abandonment - often left on the streets, on door stoops and in orphanages; another common form was wet
nursing.
 Swaddling - involved depriving the child of use of limbs by wrapping them in endless bandage; child could
be left unattended.

Maltreatment of children was discussed in the Code of Hammurabi, the oldest known code for thousand years ago
dating from 2270 Runaways, children who disowned their parents, and B.C. sons who cursed their fathers were
severely being punished.

Children as "Miniature Adults"


Practices which reflected children as miniature adults include:
 Punishment for misdeeds - punishments for children were severe, even the death penalty for minor offenses.
Slavery and apprenticeship - children were commonly sold into
 Slavery, prostitution and apprenticeship, sometimes as security on debts, or as political hostages.
 Morality, sex and prostitution - children were exposed to adult sexuality from an early age, and even used as
prostitutes.

The treatment of children in the past would be regarded as criminal today. These treatments were normal by the
standards of that day.

The Invention of "Delinquency"


The following laws paved the way to the invention of “delinquency":

Roman Law and Canon (Church) Law. Approximately two thousand years ago, Roman Law and Canon Law made
distinction between juveniles and adults based on the notion "age of responsibility."

Ancient Jewish Law. The Talmud (body of Jewish civil and religious laws) 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. No capital punishment was to be imposed
on those offenders under twenty years of age. Similar leniency was found among Moslems. Children under the age of
seventeen were typically exempt from the death penalty

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 the same criminal justice system
as adults. Punishments for some offenses, however, were less severe for young people than for adults. Thus, theft of
crops by night was a capital offense for adults, but offenders under the age of puberty were to be flogged. Adults
caught in the act of theft were subject to flogging and enslavement, but youths received corporal punishment at the
discretion of a magistrate and were required to make restitution.

Originally, only those children who were incapable of speech were spared under Roman law but eventually immunity
was afforded to all children under the age of seven as the law came to reflect increasing recognition of the stages of
life. Children came to be classified as "infans" or "proximus infantae." In general, "infans were not held criminally
responsible, but those approaching puberty who knew the difference between right and wrong were held accountable.

For much of Roman history, "infantia" mcant the inability to speak, but in the 5th century A.D. this age was fixed at
seven years and children under that age were exempt from criminal liability. The legal age of puberty was fixed at
fourteen for boys and twelve for girls; youth above these ages were held criminally liable. For children between the
ages seven and puberty, liability was based on their capacity to understand the difference between right and wrong.
Anglo Saxon Common Law (law based on custom or usage). This law was influenced by Roman and Canon Law,
which emerged in England during the eleventh and twelfth centuries.

The distinction made between adult and juvenile offenders in England at this time is most significant. Under common
law:
 Children under were automatically presumed innocent because of their age.
 Children over 14 were automatically judged as an adult.
 Children between 7 and 14 were presumed innocent because of their age, but could be found guilty under certain
circumstances.

The Child Offender in the Eighteenth Century


By this time, the concept of childhood was fully developed. Life in the 18th century was dominated by three major
social institutions: family, church, and community Crime and deviance were generally equated with sin and
immorality. Consequently, there was little attempt to rehabilitate the offender. Rather, criminals were punished as an
example to the rest of the community.
There was no special category called a "juvenile delinquent at this time. The legal system relied on common law
tradition.

The Creation of the Institution


As a result of the increasing recognition of the problem of delinquency, several institutions for juveniles were
established in the east between 1824 and 1828. These institutions were oriented toward education and treatment rather
than punishment, though whippings, long periods of silence and loss of rewards were used to punish the
uncooperative.
Two types of juvenile institutions were established, the houses of refuge, which housed juvenile offenders, and the
orphan asylums, which housed abandoned and orphaned children. The purpose of separate institutions for juveniles
was to separate them from hardened adult criminals

Creation of the Juvenile Court

Through a series of court decisions, the concept of parens patriae (responsibility of the courts and the state to act on
behalf of the child and provide care and protection equivalent to that of a parent) became broadened and the state
became increasingly involved in determining the fitness of families.

The first separate juvenile court was established in Chicago in 1899.

Nineteenth Century Changes

Changes were sweeping American and western societies by 19th century. Enlightenment ideas of wrongdoing had by
now become firmly established. This resulted in a shift in understanding of the source of deviance and crime. Crime is
now understood to be caused by external forces operating on the individual.

In 1818, New York Committee on Pauperism gave the term "juvenile delinquency," its first public recognition by
referring it as a major cause of pauperism.

Albert K. Cohen was the first man who attempted to find out the process of beginning of the delinquent subculture.

The period 1899 to 1967 was considered the era of socialized juvenile justice.
Lesson 4 - Theories of Delinquency
Various theories have been propounded understand the deviant behavior of juveniles. They also classified as follows:
A. Early General Theories on the Causes of Delinquency
1. Demonological Theory - this was developed during the middle ages. Hence, it is the oldest perspective
theory. It was based on the belief of primitive people that every object and person is guided by a spirit. This theory
promoted the notion that persons should not be held responsible for their actions when they do evil things because
their body is possessed by evil spirits.
2. Classical Theory - postulated by Cesare Beccaria and Jeremy Bentham, Classical Theory was consistent
with the utilitarian view that people weigh the benefits and costs of future action before they decide to act. This was
based on the assumption that people are rational, have free will, and therefore able to choose.

It promoted the idea that people choose criminality the same way when they choose conformity, that youths commit
crime because they think or imagine that greater good things can be earned through conformity. This is because
people by nature are hedonistic. Hedonism is a doctrine that pleasure is the highest good in life and that moral duty is
fulfilled through the pursuit of pleasure.

Classicists have four good reasons why delinquent persons and offenders should be Deterrence punished:
a. General Deterrence-punishment of delinquents and criminal offenders will strike fear in the hearts of other people,
thus making them less likely to commit acts of delinquency or crimes.
b. Specific Deterrence- punishment will strike fear in the hearts of wrongdoers, thus making them less likely to
offend others again.
c. Incapacitation the simplest form of jurisdiction; wrongdoers should be locked up in jail since while they are
imprisoned in an institution, they cannot commit offenses against other people in the outside world. d. Retribution -
this reason objects the idea that anything good or useful will follow or result from punishing offenders;
1) Criminals or delinquents should be punished because they deserve it; a punishment is morally right and just in
light of the harm and damage caused by the offense.
2) Punishing criminals has no positive purpose or no positive effect on the minds and hearts of the people.
3. Positive or Italian Theory this theory was developed by Cesare Lombroso, Enrico Ferri and Raffaele Garofalo.
Positive theory promoted the idea of determinism as a way of explaining crime and delinquency. Determinism
means that every act has a cause that is waiting to be discovered in the natural word.
Positivists believed that the causes of juvenile delinquency could be identified through the application of the scientific
method. Once causes were discovered, the individual offender could be treated for rehabilitated) much as the medical
doctors treat the causes of harmful illness.
Positivists rejected the idea of classicists that punishment of delinquent offenders has an inherent positive value. They
replaced punishment with individualized treatment strategies for each offender. They believed that the causes of crime
and delinquency are varied. Thus, it logically follows that treatment of offenders must be varied also.
Positive theory blames delinquency biological, psychological and sociological factors.
4. Critical Theory - this theory is much more significant in criminological analysis on the causes of juvenile
delinquency. Critical criminologists and sociologists view juvenile delinquency as a byproduct of existing social
arrangements. The concepts of power, influence, inequality and conflict guide this theory in exploring and clarifying
the nature of juvenile delinquency. This theory blames delinquency on the imbalance of power within the human
society.
Powerful people consciously or unconsciously create rules that favor their lifestyle. Criminal behavior may reflect
therefore the consensual reality held by powerful people. Powerless people, on the other hand, have very few
opportunities to express their social and political views. Hence, in order to express or show dissatisfaction or
disapproval with the policies made by powerful people, they attempt to commit serious acts which powerful people
consider as crime or delinquent acts.

B. Biological Theories
Early biological theories claim that criminal behavior is a result of biological or genetic defect in the individual.
Contemporary biological theories focus more on variations in genetic and other biological factors in interaction with
the environment, and are less likely to refer to biological defects or abnormalities.
1. Lombrosian Theory - this was developed by Dr. Cesare Lombroso, a prison doctor in Turin Italy and known as the
father of criminology. His job was to examine hundreds of criminals. This theory holds the following assumptions:
a. Criminals have many stigmata (distinctive physical features) such as symmetrical faces, enormous jaws, large or
protruding ears, and receding chins.
b. Criminals are atavistic beings who look differently and think differently. Having the mentality of primitive people,
they are incapable of living in modern society.
c. Criminals are classified as epileptic, insane and inborn
Born criminals have physical quirks; they are insensitive to pain and characterized by a lack of moral sense, including
an absence of repentance and remorse, and other manifestations such as physical argot or slang, the tendency to
express ideas pictorially, and the extensive use of tattooing.

Critics on Lombroso's Theory: Lombrosian theory was flawed as it was based only on his findings from examining
criminals. He did not conduct studies on non-offenders' character. Hence, there is no valid comparison as to the
differences between the physical characteristic of criminals and non-criminals. Also, there is no such thing as a
physical criminal type.

2. General Inferiority Theory/Hooton's Theory - this was proposed by Earnest Hooton. This theory has the
following assumptions:
a. Crime is the result of the impact of environment upon low-grade human organisms and that criminals were
originally inferior people.
b. Crimes exist because there are some inferior people who are responsible for them.
c. Men with mediocre builds are people who tend to break the law without preference because crimes are like physical
make-up, characterless.
d. Criminals should be permanently exiled to self-governing reservations, isolated from the society, sterilized to
prevent future off springs.

3. William Sheldon's Theory - according to Sheldon, body type affects a person's entire personality or temperament.
People are classified in three ways:
a. Endomorphs - people who tend to be fat, round and soft, and to have short arms and legs.
b. Mesomorphs - people who have athletic and muscular physique; with active, assertive and aggressive personality.
Delinquency exists because there are mesomorphic men or youths who are responsible for its occurrence.
c. Ectomorphs - people who are basically skinny with lean and fragile bodies.
4. Genetic Theory - This theory assumes that:
a. Crime and delinquency is committed by people who have abnormal genetic structure or chromosomal
abnormalities.
b. DNA is the transmitter of genetic materials (genes)
c. Extra Y chromosome is responsible for aggressiveness and thus, criminal activity Men with extra Y
chromosomes are taller and have a 10 to 20 percent greater tendency to break the law than genetically normal XY
males.

C. Psychological Theories
These theories assume that:
a. Delinquency is a result of internal, underlying disturbances.
b. These disturbances develop in childhood and tend to become permanent features of the individual character.
c. Since the individual has problems, he or she must be the focus of attention if the problem is to be solved.

1. Psychogene Theories - these are theories which blame delinquency on impulses that are rooted in the child rather
than in his environment. Psychogenic believe that it is easier to change a person than it is to change an environment.
1.1. Freudan Psychoanalytic Theory.
The proponent of this theory was Sigmund Freud. Freud believed that people develop in a series of stages. When
abnormalities occur, the person is more likely to experience conflict. Conflict stems from the person's basic drive (ID)
and social controls. Because conflict is painful to confront, people tend to push into their unconscious mind those
experiences that produce conflict. Finally, people use defense mechanism to handle personal conflicts.

The Four Elements in Freud's Theory,


a. Human nature is inherently anti-social, E. child possesses a set of primitive anti-social instincts that Freud
called the ID.
b. Good behavior comes through effective socialization. Through socialization, the child learns internal control.
c. The life-long features of the human personality originate in early childhood. By age 5, all the essential features of
the child's adult personality have been developed.
d. Delinquent behavior is the result of a defective superego.

The Three Parts of Human Psyche (personality):


a. ID - it is the unconscious portion of personality dominated by the drive (cravings for pleasure and by inborn
sexual and aggressive impulses. If left unchecked, it may destroy the person.
b. Ego this is the rational part of the personality; it grows from the ID. It represents problem solving dimensions
of personality.
c. Super ego - it grows out of ego. It represents the moral code, norms and values the individual has acquired.
Hence, it is responsible for feelings of guilt and shame.

If the parts of the human psyche co-exist in a unified and harmonious way, the person is mentally healthy. When the
parts come into conflict, the person is maladjusted and there is a high probability that he will commit delinquent acts.

2. The Low. IQ Theory - this theory claims that:


a. People with low intelligence are easily led into law-breaking activities by the wiles of more clever people.
b. People with low intelligence are unable to realize that committing offenses in a certain way often leads to getting
caught and eventual punishment.
Critics on this theory: Low IQs do not lead to higher rates of delinquency per itself but merely higher rates of getting
caught.

3. Attention-Deficit Hyperactivity Theory - this theory claims that:


a. Juvenile delinquency is caused by immaturity and hyperactivity.
b. Grade schoolers usually experience attention deficit hyperactivity disorder, which is characterized by:
1) Short attention span
2) Day dreaming
3) Sluggishness
4) Preoccupation
5) Impulsiveness

4. Frustration-Aggression Theory - this theory claims that people who are frustrated will act aggressively, and
people who engage in aggression are frustrated first.
Frustration is a behavior directed at anticipated goals or expectations. It develops when a person experiences the
blocking of some goal. It involves hopes and unfulfilled expectations. It is not a feeling or an emotion but a failure of
objectives and goals. Frustration leads to anger which makes aggression more likely to happen.
Aggression is a behavior whose goal is to inflict damage or injury on some objects or persons.

D. Social Clans Theories


1. Social Disorganization Theory
This theory was recognized early in twentieth century by sociologists Clifford Shaw the Henry Mckay. According to
Social Disorganization Theory, disorganized areas cannot exert social control over acting-out youth; these areas can
be identified by their relatively high level of change, car instability, incivility, poverty and deterioration, and these
factors have direct influence on the area's delinquency rate. It is not, then, some individual property or trait that is the
cause of delinquency, but the quality and ambiance of the community in which adolescents are forced to reside. In the
areas where there is no sense of collective efficacy, delinquency rates will be controlled no immediate economic
situation is matter what the immediate economic situation is.
2. Anomie Theory
Advocated by Emile Durkheim, anomie is normlessness produced by rapidly shifting moral values. This occurs when
personal goals cannot be achieved using available means.
Anomie refers to a breakdown of social norms and a condition where norms no longer control the activities of
members in society. Individuals cannot find their place in society without clear rules to help guide them. Changing
conditions as well as adjustments in life lead to dissatisfaction, conflict and deviance.
3. Strain Theory
Strain theory contends that certain classes are denied legitimate access to culturally determined goals and
opportunities, and the resulting frustration results in illegitimate activities or rejection of the society's goal.
According to sociologist Robert Merton, although most people share common values and goals, the means for
legitimate economic and social success are stratified by socio-economic class Consequently, these youths may either
use deviant methods to achieve their goals or reject socially accepted goals and substitute deviant ones.

Sources of strain according to Robert Agnew include:


a. Strain caused by the failure to achieve positively valued goals
b. Strain caused by the disjunction of expectations and achievements
c. Strain as the removal of positively valued stimuli from the individual
d. Strain as the presentation of negative stimuli

4. Differential Opportunity Theory


Delinquent subcultures, according to Richard Cloward and Lloyd Ohlin, flourish in the lower classes and take
particular forms so that the means for illegitimate success are no more equally distributed than the means for
legitimate success. They argued that the types of criminal subcultures depend on the area in which they develop. They
stated that the varying form of delinquent subcultures depended upon the degree of integration that was present in the
community.
Three types of delinquent gangs (Cloward & Ohlin ):
a. The Criminal Gang - emerges in areas where puis conventional as well as non-conventional values of behavior
are integrated by a clone connection of illegitimate and legitimate businesses. This type of gang is stable that the
ones to follow. Older criminals serve role models and they teach necessary criminal skills to the youngsters.
b. The Conflict/Violent Gang - non-stable and non-integrated, characterized by an absence of criminal organization
resulting in instability. This gang aims to find reputation for toughness and destructive violence.
c. The Retreatist Gang - equally unsuccessful in legitimate as well as illegitimate means. Members are known as
double failures, thus retreating into a world of sex, drugs and alcohol.

5. Class Conflict Theory


According to Richard Quinney and William Chambliss, conflict theory is based upon the view that the fundamental
causes of crime are the social and economic forces operating within the society. The criminal justice system and
criminal law are to be operating in behalf of rich and official elites, with resulting policies aimed at controlling the
poor. The criminal justice establishment aims at imposing standards of morality and good behavior created by the
powerful on the whole of society. Focus is on separating the powerful from the have nots who would steal from others
and protect themselves from physical attacks. In the process, the legal rights of poor folks might be ignored. The
middle class are also co-opted; they side with the elites rather than the poor, thinking they might themselves rise to the
top by supporting the status quo.

6. Differential Oppression Theory


John D. Hewitt and Robert Regoli proposed that much serious juvenile delinquency is a product of the oppression of
children by adults, particularly within the context of family. The maltreatment of children has been found to be highly
correlated with both serious and moderate delinquency as well as other problem behaviors. Differential Oppression
Theory would appear at first glance to suggest that the oppression or maltreatment of children establishes a
sociological, if not legal, excuse for child's delinquency. It argues that adult perception of children forces youths into
socially defined and controlled inferior roles, including the socially constructed "juvenile delinquency" role that
separates youthful and adult offenders for treatment and control. While recognizing the causal forces for oppression,
proponents argue that the very tenets of differential oppression theory provide the basis for holding youth charged
with serious delinquencies responsible for their misdeeds. To maintain the structured inequality reflected in the
differential treatment for children in the juvenile justice system and its failure to appropriately punish offenders denies
the child his or her humanity.

E. Interpersonal Theories
1. Differential Association Theory
This theory asserts that criminal behavior is learned primarily within the interpersonal groups and that youth will
become delinquent if definitions they have learned favorable to violating the law exceed definitions favorable to
obeying the law within the group. This theory was introduced by Edwin Sutherland.
2. Social Learning Theory
This theory views that behavior is modeled through observation, either directly through intimate contact with others,
or indirectly through media Interactions that are regarded are copied, whereas those that are punished are avoided.
Social learning theory suggests that children who grow up in a home where violence is a way of life may learn to
believe that such behavior is acceptable and rewarding. Even if parents tell children not to be violent and punish them
if they are, the children will still model their behavior on the observed parental violence. The family may serve as a
training ground for violence since the child perceives physical punishment as the norm during conflict situations with
others.

F. Situational Theories
1. Drift Theory (Neutralization Theory)
Neutralization Theory or Drift Theory, as it is often called, proposes that juveniles sense a moral obligation to be
bound by the law. Such a bind between a person and the law remains in place most of the time. When it is not in place,
delinquents will drift.
David Matza and Gresham Sykes suggest that delinquents hold values similar to those of law abiding citizens, but
they learn techniques that enable them to neutralize those values and drift back and forth between legitimate and
delinquent behavior. Drift is a process by which an individual moves from one behavioral extreme to another,
behaving sometimes in an unconventional manner and at other times with constraint.
Sykes and Matza further suggest that juveniles develop a distinct set of justifications for their behavior when it
violates accepted social rules and norms. These neutralization techniques allow youths to drift away from the rules of
the normative society and participate in delinquent behaviors. While most adolescents accept the rules of society, they
learned these techniques to release themselves temporarily from moral constraints.

Five Techniques of Neutralization:


a. Denial of responsibility
b. Denial of injury
c. Denial of victim
d. Condemnation of the condemners
e. Appeal to higher loyalties

Sykes and Matza's theoretical model was based on the following observations:

a. Delinquents express guilt over their illegal acts.


b. Delinquents frequently respect and admire honest, law abiding individuals.
c. A line is drawn between those they can victimize and those they cannot.
d. Delinquents are not immune demands of conformity.

G. Societal Reaction Theories


1. Labeling Theory
Developed by Howard Becker, labeling theory views that youths may violate the law for a variety of reasons including
poor family relations, peer pressure, psychological abnormality, and pro delinquent learning experiences. Regardless
of the cause of individual's delinquent behaviors detected the offenders will be given a negative label that can follow
them throughout life. These labels include "troublemaker," juvenile delinquent," “mentally ill "junkie," and more.
H. Control Theories
1. Social Control Theory
This theory by Travis Hirschi states that members in society form bonds with other members in society or institution
in society such as parent’s pro-social friends, churches, schools, teachers, and sports team. The social bonds include
the ties and affection that develop between children and key people in their lives; commitment to social norms of
behavior and to succeed in regards to such values as getting good education, a good job and being successful;
involvement in activities; and finally that most persons are brought up to believe in and respect the law.
2. Self-Derogation Theory
Introduced by Howard Kaplan, Self-Derogation Theory states that all motivation to maximize our self-esteem,
motivation to conform will be minimized by family, school and peer interactions that devalue our sense of self.
Interactions and behavior may be self-defacing or self-enhancing.
3. Interactional Theory
Originated by Terrence Thornberry, this theory states that weakening of a child's social bond is the fundamental cause
of delinquency. Interactional theory examined the changing nature of relationships over the life course. It emphasized
the reciprocal nature between many of the variables used to explain delinquency.
4. Self-Control Theory
Self-control theory argues that it is the absence of self-control rather than the presence of some forces or factors such
as poverty, anomie. Opportunities for deviance, delinquent peers, exposure to definitions favorable to deviance, etc..
This theory rejects the notions that deviance is learned, that deviance simply results from the individual's inability to
effectively control his or her impulse.

Other Theories
1. Culture Deviance Theory
This theory links delinquent acts to the formation of independent subcultures with a unique set of values that clash
with the main stream culture. It argues that children learn deviant behavior socially through exposure to others and
modeling of others' action.
2. Structural Functionalism Theory
Some social structures exert a definite pressure upon certain persons in society to engage in non-conforming rather
than conforming behavior. These structural and ideological dreams can cause great distress for those who cannot reach
these goals. Juveniles who engage in crimes do so, according to this perspective, as a means to defy society's defined
goals and innovate their own goals of delinquent behavior.
3. Rational Choice Theory
Advocates of this theory argue that in many cases, deviance is a result of high calculation of risks and awards.
Prospective deviants weigh their own chance of gain against the risk of getting caught, and thereby decide a course of
action.
Juveniles, however, do not always choose the most rational actions. Their values and motives are different from an
adult criminal. Adolescents are also notorious for not thinking before they act. These actions which constitute
delinquency may come as a result of acting against authority, or to rebel against cultural norms and goals.
4. Routine Activities Theory
The Routine Activities Theory was developed by Lawrence Cohen and Marcus Felson.
This theory claims that crime is a normal function of the routine activities of modern living offenses can be expected
by capable guardians. The routine activities approach gives equal weight to the role of both the victim and the
offender in the crime process. Criminal opportunity is significantly process influenced by the victim's lifestyle and
behavior. The greater the opportunity for criminals and victims to interact, the greater the probability of crime, the
reduced the interaction, the more opportunity for crime to decline.

Factors Affecting Routine Activities Theory:


a. Lack of capable guardian
b. Suitable target
c. Motivated offenders
5. Learning Theories
This set of theories advances that delinquency is learned through close relationship with others it asserts that children
are born "good" and learn to be "bad" from others. Learning theories hold that children living in even the most
deteriorated areas can resist inducements to crime if they have learned proper values and behavior. Delinquency, by
contrast, develops by learning the values and behavior associated with criminal activity.

Lesson 5: Behavior of Juvenile Delinquents


Behavioral Disorders
Juvenile delinquents manifest any of the following common behavioral disorders:
1. Anti-social behavior - It is characterized by disrespect or disobedience for authority.
2. Lying - It does not cure lies by attacking the liars, for lies indicate needs which require attention. Among the most
important needs of a child are love, security, praise, peace, attention, happiness, understanding, respect, and
acceptance.
3. Stealing - This behavior often stems from:
a. undisciplined desire for possession
b. loose morals in the home
c. parental indifference
d. lack of proper clothing and requirements
e. undisciplined pleasure seeking
4. Truancy - This is cutting classes without any reasonable cause. This is often brought about by:
a. unattractive school life
b. fear of punishment c. proximity to place of vices
5. Vagrancy - This is wandering away from home.
Possible causes are:
a. disagreeable home conditions
b. feeble-mindedness
c. misdirected love for adventure
6. Emotional Disorders - They include:
a. jealousy reactions
b. temper tantrums -
c. fear reaction

Indicators of Normal and Abnormal Adolescence


Indicators of being a "normal" course of moral development:
1. Obsessive concern for bodily appearance
2. Fear of abandonment expressed as assertion independence
3. Desire to be different in terms of "fads"
4. Sexual desire and manipulativeness
5. Wanting to be like other races or cultures
6. Persistent wisecracking as long as it is witty
7. Obsessive desire for success and recognition
8. Lack of self-identity or distinct self-concept
9. Emotional extremes expressed as sensitivity to criticism

Indicators of being on an "abnormal" course of moral development:


1. Driven by whim or caprice rather than purpose or gain
2. Unmoved by overtures of help and harms helpers
3. Shows no loyalty to other adolescents
4. Words are inconsistent with feelings, language is strange, humor missing
5. Claims to have always been the first to do something
6. Pathological lying for no good reason
7. Superficially charming but unable to maintain intimate relations

Indicators of being an "at-risk" youth


1. Frequent absenteeism, tardiness, or suspension
2. Academic performance below grade level or repeating a grade
3. Oppositional stance towards authority
4. Drug or alcohol involvement
5. Police or probation involvement
6. Being a "latch-key" child (child lacking adult supervision)
7. Coming from a single parent family or foster home different types of behavioral disorders.

Evaluation
Test I-Identification
Direction: Identify the theory suggested by the given characteristics. Write your answer on a sheet of pad paper.
1. Pleasure is the highest good.
2. Extra Y chromosome is responsible for criminal behavior.
3. Children are born good and learn to be bad from others.
4. The powerful in society are the ones imposing standards of morality and good behavior.
5. Criminals are epileptic, insane and inborn.
6. People are possessed by evil spirits when the commit a crime.
7. Juvenile delinquency is a product of oppression children by adults.
8. Criminals are originally low grade people who tend to break the law without preference.
9. Conflict stems from the person's basic drive (ID).
10. Juvenile delinquency is caused by immaturity and hyperactivity.
11. Individuals tend to commit crime when their personal goals cannot be achieved using available means.
12. Body type affects a person's personality or temperament.
13. The causes of crime and delinquency are varied; hence, treatment of offenders must be varied also.
14. The quality and ambiance of the community in which adolescents reside are the causes of delinquency.
15. Behavior is modeled through observation, either directly or indirectly.
16. Offenders are usually given a label that can follow them throughout life.
17. People who are frustrated will act aggressively. 18. Juveniles develop a distinct set of justifications for their
behavior.
19. Individuals form bonds with other members in society and are brought up to believe in and respect the law.
20. Some social structures exert a definite pressure upon certain behavior. persons to engage in nonconforming
behavior.
Test II. Matching type
Direction: Match A with B. Write the letter only. B
a. psychiatric delinquents
A b. emotionally maladjusted
1. Have limited or no compassion for others delinquents
2. Kleptomaniacs, shoplifters and pyromaniacs c. environmental delinquents
3. More of property violators than violent offenders d. hedonistic delinquents
4. Tend to commit the most heinous crimes and senseless acts of violence e. sociopathic delinquents
5. Become delinquents due to mental illness f. socialized delinquents
6. Occasional lawbreakers g. neurotic delinquents
7. Chronic law breakers who make lawbreaking a habit h. psychotic delinquents
Test III. Essay. Discus briefly. Write your answer only. (5 points each)
1. What is a juvenile?
2. Describe a delinquent person
3. Define juvenile delinquency. Cite some examples of juvenile delinquency cases.
4. Define juvenile crime
5. What is meant by status offense? Cite some examples of status offense.
6. Compare and contrast juvenile justice system and adult justice system.
7. How were children treated in the past?
References
Bartol, C.R. & Bartol, A. M. (2004). Introduction to forensic psychology. London: Sage Publications, Inc.

Geason, S. & Wilson, P.R. (1946). Crime prevention: Theory and practice. Australia: Australian Institute of
Criminology

Reyes, L.B. (2001). The revised penal code: Criminal law (15 ed.). Manila: Rex Book Store, Inc.

Siegel, L.J. Criminology: Theories, patterns, and typologies (8 ed.) Singapore: Thomson Wadsworth.

Siegel, L.J., Welsh, B.C. & Senna, J.J. Juvenile delinquency: Theory, practice, and law (9h ed.). Singapore: Thomson
Wadsworth

Child Abuse. Available: http://www.indianchild.com/child_abuse. htm.

Juvenile delinquency Wikipedia.


Available:http://en.wikipedia.org/wiki/Juvenile justice_system.

http://www.indianchild.com/child abuse

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