JUVENILE
DELINQUENCY
& JUVENILE
JUSTICE
Sociology of crimes & ethics – 6 subjects
1. INTRODUCTION TO CRIMINOLOGY
2. CRIMINAL JUSTICE SYSTEM
3. JUVENILE DELINQUENCY
4. HUMAN BEHAVIOR
5. POLICE ETHICS
6. RESEARCH – THESIS
JUVENILE “JUVENILIS” YOUTH MINOR “CHILD”
PD 603 = “THE CHILD AND YOUTH WELFARE CODE OF 1975”
CHILD ANY PERSON BELOW 21 YEARS
RA 6809 (1989) LAW THE CHANGED THE AGE OF
EMANCIPATION FROM 21 TO 18
CHILD BELOW 18
RA 7610 ANTI CHILD ABUSE 1992
CHILD PERSON BELOW 18 AND THOSE 18 AND OVER BUT
SUFFERING FROM MENTAL AND PHYSICAL DISABILITY
BUDOY – AUTISM
BABY JOSH – AUTISM
BOYET – AUTISM
TAP TAP – DOWN SYNDROME
ADULT
SEX 13 – 17 SEDUCTION
SEX 12 BELOW RAPE
TANAN BELOW 18 ABDUCTION
DELINQUENCY ACTS WHICH ARE NOT
ACCEPTED BY THE COMMUNITY
DELIQUENCY BEHAVIOR OR ACTS WHICH ARE
NOT CONFORMING WITH THE NORMS OF SOCIETY
NORMS SET OF ACCEPTED CONDUCTS
(RELIGION, TRADITION, CULTURE, BELIEF)
PARENTS = MAMA, PAPA, TATAY, NANAY, INAY, ITAY,
AMA, INA, NANANG , TATANG
MARRIAGE BEFORE SEX
NORMAL SEX
1. HETERO SEXUAL = OPPOSITE SEX (ADAM &
EVE)
2. MARITAL AFFAIR
3. PURPOSE REPRODUCTION
4. POSITION – MISSIONARY
JUVENILE + DELINQUENCY BEHAVIOR OR
ACTS COMMITTED BY CHILDREN OR MINORS
WHICH ARE NOT CONFORMING WITH THE
NORMS OF SOCIETY
BEHAVIOR COMMITTED BY CHILDREN WHICH
ARE NOT ACCEPTED BY SOCIETY
A. DELINQUENT
B. DELINQUENCY
C. JUVENILE DELINQUENT
D. JUVENILE DELINQUENCY
ACT / BEHAVIOR DELINQUENCY OR
JUVENILE DELINQUENCY
PERSON/CHILDREN DELINQUENT /
JUVENILE DELINQUENT
STATUS OFFENSE OFFENSES WHICH ARE
ONLY PUNISHABLE IF COMMITTED BY A CHILD
AND NOT PUNISHABLE IF COMMITTED BY AN
ADULT
1. CURFEW – CHILD
2. USE OF ALCOHOL PD 1619 – VOLATILE
SUBSTANCE LAW
3. TRUANCY ABSENT IN SCHOOL – 20 DAYS
4. SMOKING RA 9211 – TOBACCO
REGULATION LAW
5. RUNNING AWAY FROM HOME
HISTORY OF JUVENILE JUSTICE
BEFORE 17TH CENTURY
CHILDREN ARE NOT CONSIDERED AS
HUMAN BEING (OBJECTS)
HIGH CHILD MORTALITY
IF A CHILD COMMITTED A CRIME
A. THEY ARE TREATED AS ADULTS
B. TRIED AS ADULTS
C. PUNISHED LIKE ADULTS
D. IMPRISONED WITH ADULTS
18TH CENTURY = AGE OF REASON / AGE OF
ENLIGHTENMENT
1. CHILDREN ARE CONSIDERED AS FLOWERS –
NEEDED TO BE NURTURED IN ORDER TO
BLOOM
2. IF A CHILD COMMITTED A CRIME
A. SEPARATE JUSTICE SYSTEM
B. SEPARATE COURT (JUVENILE COURT –
CHICAGO)
C. RESTORATIVE JUSTICE (CONCILLATION)
D. SEPARATE PRISON (BORSTAL)
TYPES OF DELINQUENCY / DELINQUENT YOUTH
N – NEUROTIC DELINQUENT
A – ACCIDENTAL DELINQUENT
P – PSYCHIATRIC DELINQUENT
E – ENVIRONMENTAL
DELINQUENT
E – EMOTIONALLY MAL ADJUSTED
DELINQUENT
S – SOCIAL DELINQUENT
A – ASOCIAL DELINQUENT
NEUROTIC DELINQUENTS INTRA PSYCHIC
CONFLICT; MILD MENTAL DISORDER;
PREOCCUPIED FEELINGS (DEPRESSION, ANXIETY,
MANIA, PHOBIA) NEUROSIS
ACCIDENTAL DELINQUENTS WRONG PLACE
AND IN A WRONG TIME; PEER PRESSURE /
CURIOSITY
PSYCHIATRIC DELINQUENTS SEVERE MENTAL
DISORDER EPILEPSY, “ADHD”
ADHD ATTENTION DEFICIT HYPERACTIVITY
DISORDER
4 X 4 = 12
ENVIRONMENTAL DELINQUENTS
“OCCASIONAL LAW BREAKERS”
EMOTIONALLY MAL ADJUSTED “CHRONIC” /
HABITUAL
SOCIAL DELINQUENTS “AGGRESSIVE
YOUTH /RESENTS AUTHORITY
ASOCIAL “ANTISOCIAL” – COLD, LONER,
BRUTAL, NO REMORSE, NO SENSE OF GUILT
PSYCHOPATHS
LUNCH BREAK
RETURN 1PM
FACTORS AFFECTING JUVENILE DELINQUENCY
1. FAMILY SMALLEST UNIT OF SOCIETY;
CRADLE OF HUMAN PERSONALITY
TYPES OF FAMILIES
2. NUCLEAR FAMILY SIMPLEST TYPE OF
FAMILY (FATHER / MOTHER / CHILD)
3. EXTENDED FAMILY NUCLEAR + RELATIVES
(FATHER, MOTHER, CHILDREN, LOLO, LOLA,
TITO, TITA, PALAMUNING PINSAN)
4. BLENDED FAMILY MOTHER + CHILD + EX
BF + CHILD
4. PATRIARCHAL FAMILY DECISION MAKER
IS THE “FATHER”
5. MATRIARACHAL MOTHER IS THE
DECISION MAKER
6. EGALITARIAN FAMILY EQUAL POWERS
DISINTEGRATED FAMILY BROKEN / DEATH /
ABANDONED
TYPES OF PARENTS
1. AUTHORITATIVE HIGH STANDARDS /
EXPECTATIONS + SUPPORTIVE
2. AUTHORITARIAN HIGH STANDARDS +
EXPECTATION + RIGID RULES + NOT
SUPPORTIVE
3. PERMISSIVE FREE –REIN
4. NEGLECTFUL FAILED TO PROVIDE THE
NEEDS OF THEIR CHILD
PEERS = CIRCLE OF FRIENDS
TYPES OF PEERS
1. CLIQUES SMALL CIRCLE OF FRIENDS
THAT SHARE SIMILAR POSITIVE INTEREST
2. JUVENILE GANGS CRIMINAL ACTIVITIES
(DRUGS, PROSTITUTE, ROBBERY, PUSHING,
VANDALISM)
A. GRAFFITI WALL INSCRIPTIONS
B. POSTING BODY LANGUAGE / MANNER OF WALK
C. REPRESENTATION CLOTHING ^& HAND SIGNS
MEDIA – MASS MEDIA
1. TELEVISION
2. RADIO
3. NEW PAPER / MAGAZINES
4. SOCIAL MEDIA / INTERNET
EFFECT:
5. POLITICAL LEVERAGE
6. VIOLENCE
7. SEXUALITY
8. PORNOGRAPHY
GATEWAY DRUGS
SIMPLE SUBSTANCE ABUSE IN WHICH IF LEFT
UNTREATED IT WILL UPGRADE TO A MORE GRAVE
SUBSTANCE
VOLATILES = RUGBY, THINNER, SOLVENT
MARIJUANA
CIGARETTE “NICOTIANA TOBACCU” SHABU
ALCOHOL “ETHANOL” TRANQUILIZERS,
SEDATIVES, NARCOTICS
NARCOTICS OPIUM, MORPHINE, HEROIN,
CODEINE (OPIATES) SLEEP LIKE, PAIN RELIEVER
LAWS RELATED TO JUVENILE JUSTICE
1. PD 603 – THE CHILD AND YOUTH WELFARE CODE
2. RA 9344 – JUVENILE JUSTICE AND WELFARE SYSTEM ACT
3. RA 10630 –LAW THAT AMENDED RA 9344
4. PD 1619 – VOLATILE SUBSTACE LAW
5. RA 6809 – LAW CHANGED THE AGE OF ADULTHOOD
6. RA 9775 – ANTI CHILD PORNOGRAPHY
7. RA 9208 – ANTI HUMAN TRAFFICKING
8. RA 9262 – VAWC
9. RA 9231 – ANTI CHILD LABOR
10. RA 8552 – DOMESTIC ADOPTION LAW
11. RA 8043 – INTERCOUNTRY ADOPTION
12. RA 9523 - AMENDED ADOPTION LAW
13. RA 7877 - SEXUAL HARASSMENT
14. RA 9211 – TOBACCO REGULATION LAW
15. RA 7610 - ANTI CHILD ABUSE
PD 603 – THE CHILD AND YOUTH WELFARE
CODE
LEGAL DOCTRINES RELATED TO THE
WELFARE OF THE CHILD
1. PARENS PATRIAE “FATHER OF THE
LAND”
A. PRINCIPLE OF “CHARITY”
B. CICL ARE VICTIMS OF IMPROPER CARE
C. PARENTAL ASSUMPTION OF STATE
(DSWD)
2. PATRIA POTESTAS “PARENTAL
AUTHORITY” POWER OF THE PARENTS
OVER THE CHILD
NOT ABSOLUTE REVOCABLE
1. ABUSIVE PARENTS
2. COMPELLING TO BEG
3. CORRUPTING ORDER
WHEN DOES THE CIVIL PERSONALITY OF A
CHILD COMMENCE?
UPON CONCEPTION = COMBINATION OF
SPERM AND EGG CELL
ABORTION – EXPULSION OF FETUS FROM THE
MOTHER’S WOMB
1. CRIMINAL ABORTION – (INTENTIONAL /
UNINTENTIONAL ABORTION
2. THERAPEUTIC ABORTION MEDICAL
REASONS / CLINICAL PURPOSE
WHAT ARE THE RIGHTS OF A CHILD?
1. RIGHT TO BE BORN WELL
2. RIGHT TO HAVE A NAME
3. RIGHT TO HAVE A FAMILY
4. RIGHT TO WHOLE SOME ENVIRONMENT
5. EDUCATION
6. TALENT
7. SPECIAL TREATMENT = SPECIAL CHILD
WHAT IF THE PARENTS OF THE CHILD
DECIDED TO GET SEPARATED?
1. TENDER YEARS DOCTRINE BELOW 7
MOTHER
2. PSYCHOLOGICAL PARENT DOCTRINE 7
Y/O – THE CHILD CAN NOW “CHOOSE”
(LEGITIMATE CHILD)
LEGITIMATE CHILD MARRIAGE CHILD
“THE CHILD IS BORN DURING OR AFTER
MARRIAGE”
ILLEGITIMATE CHILD NOT YET MARRIED
GENERAL RULE NANAY
RA 9255 LAW THAT PERMIT ILLEGITIMATE
CHILD TO USE THE SURNAME OF HIS FATHER
(ACKNOWLEDGEMENT)
LEGITIMATED CHILD CHILD MARRIAGE
- THE CHILD IS BORN THEN THE PARENTS
DECIDED TO GET MARRIED
WHAT IF BOTH PARENTS DIED?
WHO SHALL CONTINUE THE SUPERVISION OF
THE CHILD?
SUBSTITUTE PARENTAL AUTHORITY DOCTRINE
1. GRAND PARENTS (LOLO AT LOLA)
2. ELDEST BRO/ SIS – 21 Y/O
3. ANY GUARDIAN
DELARE HIM AS ABANDONED - AFTER 3
MONTHS ADOPTION
CATEGORIES OF CHILDREN
1. DEPENDENT CHILD NEEDS PUBLIC
SUPPORT
2. NEGLECTED NEEDS INADEQUATE
2 TYPES OF NEGLECT
A. PHYSICAL NEGLECT FOOD, SHELTER,
WATER, CLOTHING
B. EMOTIONAL NEGLECT LOVE, ATTENTION,
BELONGINESS
3. ABANDONED NO PARENTS, NO GUARDIAN NO
RELATIVES (3 MONTHS)
4. HANDICAPPED BUTA, BUNGOL, PIANG, AMANG
5. EMOTIONALLY DISTURBED “NEUROSIS” –
DEPRESSION, ANXIETY
6. RETARDED – MENTALLY SUBNORMAL (LOW IQ) –
TOLONGGES
DULL / BELOW AVERAGE – 75 -89
EDUCABLE MORON 50 – 74
TRAINABLE IMBECILES 25 – 49
CUSTODIAL “IDIOT” BELOW 25
7. MENTALLY ILLED SEVERE MENTAL DISORDER
(PSYCHOSIS)
FALSE PERCEPTION – HALLUCINATION
FALSE INTERPRETATION – ILLUSION
FALSE BELIEF = DELUSION
RA 7610 – CHILD ABUSE LAW
ABUSE MALTREATMENT
CRUELTY ANY DEED OR ANY WORD WHICH
DEBASES, DEGRADES OR DEMEANS THE
INSTRINSIC WORTH OR DIGNITY OF A CHILD
PUNCH/ FRACTURE/BURN PHYSICAL ABUSE
THREATS, VERBAL ABUSE EMOTIONAL ABUSE
MOLESTATION, INCEST SEXUAL ABUSE
FAILURE TO GIVE SUPPORT ECONOMIC ABUSE
RA 9262 – ANTI VAWC
VAWC SEXUAL, MARITAL OR ROMANTIC
RELATIONSHIP
WIFE, EX WIFE, LIVE IN, EX-LIVE IN, GF, EX GF,
FUCK BUDDY
Lesbian partner – applicable
BATTERY REPEATED PHYSICAL VIOLENCE
RESULTING TO PSYCHOLOGICAL DISTRESS
- 2X BATTERED WOMAN SYNDROME
(ABSOLUTORY CAUSE) – EXEMPTING
CIRCUMSTANCES = NO CRIMINAL LIABILITY
(PP VS MARIVIC GENOZA)
RA 9344
JUVENILE JUSTICE AND WELFARE SYSTEM
ACT OF 2006
“KIKO PANGILINAN LAW”
5 PILLARS CHILD IN CONFLICT WITH LAW
RIGHTS OF CHILD IN CONFLICT WITH THE LAW
1. NO DEATH PENALTY
2. NO RECLUSION PERPETUA
3. NO LIFE IMPRISONMENT
4. IMPRISONMENT IS THE LAST RESORT
5. IMPRISONMENT SHORTEST TIME
6. IMPRISONMENT SAME GENDER
7. IMPRISONMENT SEPARATED FROM ADULTS
8. ARREST NO HANDCUFF
9. NO TORTURE
10. SEARCH SAME GENDER
11. ARREST CALL THE PARENTS
12. IN ALL PROCEEDINGS PARENTS MUST BE PRESENT
13. RIGHT BAIL
14. RIGHT PROBATION
15. RIGHT DIVERSION (ALTERNATIVE SETTLEMENT)
16. GUILTY AUTOMATIC SUSPENSION OF SENTENCE - 18
CRIME 1ST PILLAR: LE INITIAL CONTACT
CUSTODY INVESTIGATION PROVE AGE
PROOF:
1. BIRTH CERTIFICATE
2. BAPTISMAL CERTIFICATE
3. SCHOOL RECORDS
4. MEDICAL RECORDS
5. DENTAL EXAMINATION (FORENSIC
ODONTOLOGY)
6. TESTIMONY
7. PRESUMPTION OF MINORITY
AFTER DETERMINING THE AGE OF THE CHILD
15 Y/O OR BELOW AUTOMATICALLY EXEMPTED
BELOW 18 RUGBY, PROSTI, MEDICANCY, ORDINANCES
AUTOMATIC EXEMPTED
15 Y/O & 1DAY – 17 TURN OVER SOCIAL WORKER
DETERMINE DISCERNMENT
WITHOUT DISCERNMENT EXEMPTED
WITH DISCERNMENT
A. FILE COMPLAINT
B. DIVERSION PROGRAM (INFORMAL SETTLEMENT)
(CASES – 6 YRS BELOW)
FILE COMPLAINT PROSECTOR PRELIMINARY
INVESTIGATION PROBABLE CAUSE (45 DAYS)
NO PROBABLE CAUSE DISMISS
PROBABLE CAUSE INFORMATION COURT
1. ARRAIGNMENT
2. PLEA
3. PRETRIAL
4. TRIAL
5. JUDGMENT
NOT GUILTY RELEASE
WHAT IF THE CHILD IS GUILTY SENTENCE
AUTOMATICALLY SUSPEND THE SENTENCE UNTIL
THE AGE OF 18
BAHAY PAG ASA (YOUTH REHAB CENTER – DSWD)
WAIT FOR THE 18TH BIRTHDAY OF THE CHILD
3 CHOICES
1. DISCHARGE RELEASE (RECOMMENDATION OF
SOCIAL WORKER COURT)
2. EXECUTE THE SENTENCE BJMP (3YRS BELOW /
BUCOR ABOVE 3 YEARS)
3. EXTENSION 21 Y/O BJMP OR BUCOR
AFTER THE SENTENCE RELEASE COMMUNITY
THANK YOU!
