IST LCTURE IN JUVENILE DELINQUENCY.pptx

juvenile delinquency lecture

1. TOPIC: JUVENILE DELINQUENCY

2. LEARNING OBJECTIVES AT THE END OF THIS TOPIC THE STUDENTS WILL BE ABLE TO LEARN 1. WHAT IS JUVENILE DELINQUENCY 2. DIFFERENTIATE CRIME AND DELINQUENCY 3. HISTORY OF JUVENILE DELINQUENCY

3. JUVENILE REFERS TO A PERSON OF TENDER YEAR A MINOR , YOUTH OR THOSE WHO ARE NOT EMANCIPATED BY LAW REFERS TO A PERSON BELOW 18 YEARS OF AGEOR THOSE BUT ARE UNABLE TO FULLY TAKE CARE OF THEMSELVES FROM ABUSE, NEGLECT, CRUELTY, EXPLOITATION OR DESCRIMINATION BECAUSE OF PHYSICAL MENTAL DISABILITY OR COMDITIONS A CHILD OR A YOUNG PERSON, WHO, UNDER THE LEGAL SYSTEM MAY BE DEALT WITH FOR AN OFFENSE IN A MANNER DIFFERENT FROM THAT OF AN ADULT. PERSOM BELOW THE AGE OF MAJORITY, THAT IS BELOW IEGHTEEN YEARS OLD. PURSUANT TO REPUBLIC ACT 6809, THE LAW THAT LOWERED THE AGE OF MAJORITY FROM TWENTY ONE TO EIGHTEEN FOR THE PURPOSE OF E.O 209 FAMILY CODE OF THE PHILIPPINES

4. DELINQUENT ONE WHOSE BEHAVIOR HAS BROUGHT HIM INTO REPEATED CONFLICT WITH THE LAW REGAERDLESS WHETHER HE HAS BEEN TAKEN BEFORE A COURT AND JUDGED A DELINQUENT ONE WHO HAS COMMITTED AN OFFENSE THAT VIOLATED THE APPROVED NORMS OF CONDUCT AND IS GUILTY OF MISDEED

5. WHAT IS JUVENILE DELINQUENCY IT REFERS TO ANTI- SOCIAL ACTS OR BEHAVIORS COMMITTED BY MINORS WHICH ARE CONTRARY TO THE NORMS OF SOCIETY. IT INVOLVES OFTENTIMES MISDEMEANORS, BUT MAY INCLUDE ALSO OFFENSES AND FELONIES

6. TAKE NOTE UNDER THE R.A 9344, JUVENILE DELINQUENT IS 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 SHAMINGPUNISHABLE UNDER THIS LAW.

7. CRIME VS. DELINQUENCY CRIME DELINQUENCY CRIME IS AN ACT COMMITTED BY AN ADULT DELINQUENCY ARE ACTS COMMITTED BY BMINORS AN ACTS THAT BREAKS CRIMINAL CODE WHICH IS CREATED BY SOCIETY THROUGH WRITTEN LAW ACTS THAT MERELY BREAK ‘CULTURAL LAW’ OR NORMS A PERSON WHO COMMITTED A CRIME CAN BE DEALT WITH IN ACCORDANCE WITH CRIMINAL JUSTICE SYSTEM A CHILD IS UNDER THE PROCESS KNOWN AS JUVENILE JUSTICE SYSTEM

8. HISTORY OF JUVENILE DELINQUENCY

9. 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.

10. ROMAN LAW AND CANON (CHURCH) LAW Approximately two thousand years ago, made distinction between juveniles and adults based on the notion Age of Responsibility.

11. 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.

12. CODIFICATION OF ROMAN LAW In the 5 th 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.

13. 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.

14. MIDDLE OF THE 19 TH 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 were to get them out of bad homes and placed in good ones. This lead to the creation of the doctrine Parens Patriae .  

15. Take Note: Parens Patriae is a doctrine that does not consider delinquent acts as criminal violation, thus making delinquents 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.

16. POOR LAW ACT OF 1601 In 1535 statutes which mandated the appointed of overseers who placed destitute or neglected children with families who then trained them in agricultural ( domets of france ), trade or domestics services ; tgis practice is called indenture. In 1601, a system was created wherein church workers with the consent of justice of the peace identified vagrant, delinquent and neglected children took measures to put them to work; these children were placed in work houses until their adulthood. Provided for involuntary separation of children from their impoverished parents, and these children were then placed in bondage to local residents as apprentices.  

17. IN THE PHILIPPINE SETTING REVISED PENAL CODE During this time distinct circumstances of a delinquent are not taken into account. No Diversion Stigma of Criminality No provision for aftercare As young as 9 yrs. old can be incarcerated inside the jail

18. PD 603 “ THE CHILD AND YOUTH WELFARE CODE - Under the said law, a person who is over nine (9) but under twenty-one (21) years of age at the time of the commission of the offense who committed a crime is known as a YOUTHFUL OFFENDER

19. TAKE NOTE This provision was later amended by PD 1179. Under the said law, it defines a youthful offender as a child, minor or youth, including one who is emancipated in accordance with law who is over nine years but under eighteen years of age at the time of the commission of the offense.