CRIM 5 Ex.

Truancy, running away from home, and

violating curfew.
Juvenile Delinquency
2. Juvenile Delinquents
•Juvenile crime – denotes various offenses
committed by children or youth. - the label “delinquent” applied, regardless of the
seriousness or non seriousness of the offenses
•The House of Refuge, was founded in New York
committed.
0City in 1825.
Psychological Characteristics Of Delinquents
• delinquency label is of fairly recent coinage.
1. Personality And Delinquency
•Juvenile crime is mentioned as far back as ancient
Sumeria and Hammurabi -Personality can be defined as the reasonably
stable patterns of behavior, including thoughts and
•Juvenile offenders first appeared in written form.
emotions that distinguish one person from another.
•In ancient Britain, children at the age of seven
- Delinquents maintain a distinct personality.
were tried, convicted, and punished as adults.
2. Intelligence And Delinquency
•Children were viewed as non-persons until the
1700s - Psychologists have long been concerned with
the development of intelligence and its subsequent
•The first assumption is that life was hard, and you
relationship to behavior.
had to be hard to survive.
Two Competing World Views
•The second assumption is that infant and child
mortality were high. 1. The Classical World View
What Is Juvenile Delinquency? - Classical theorist believed that delinquency was
the result of free will.
-Juvenile delinquency is a criminal or antisocial
behavior of children and youth. 2. The Positivist World View
-usually considered in need of treatment, - Positivist view theorists, who believe that
rehabilitation, or discipline. delinquent behavior is the result of youths biological
make-up and life experiences.
What Is Juvenile?
Individual Views Of Delinquency
-While no law explicitly defines “childhood”,
1. Choice Theory
-The practice of exempting children from legal
responsibility for deviant behavior has been widely - The first formal explanation of crime and
followed. delinquency held that human behavior was a matter
of choice.
-common law exempts children under the age of
seven from the criminal courts because they lack 2. Trait Theory
“mens rea” or criminal intent. - A number of delinquency experts believe that
-juvenile referred to any person under the legal age the choice model is incomplete.
of majority. 3. Biological Theory
What Is Delinquency? - delinquency experts scoffed at the notion that a
-criminal behavior, especially that carried out by a youths behavior was controlled by physical
juvenile. condition present at birth.
Concepts Of Juvenile Delinquency 4. Psychological Theory
1. Delinquency And Parens Patriae - psychologist point out that many delinquent
youths have poor home life, destructive
-the current treatment of juvenile delinquents is a
relationships with neighbors, friends, and teachers,
by product of developing national consciousness.
and conflicts with authority figures in general.
2. Legal Status Of Delinquency
Sociological Views Of Delinquency
- refers to a minor child who has been found to
1. Social Structure Theory
have violated the penal code.
-In 1966, sociologist Oscar Lewis coined the
3. Legal Responsibility Of Youth
phrase “culture of poverty” to describe the crushing
- juvenile delinquency concepts occupy a legal burden faced by the urban poor.
status falling somewhere between criminal and civil
2. Social Process Theory
law.
- socialization is the process of guiding people
Types Of Juvenile Offenders
into acceptable behavior patterns through
1. Status Offenders information, approval, reward, and punishment.
- are those juveniles who commit offenses that, if 3. Social Reaction Theory
committed by adults, would not be considered
- The way society reacts to individuals and the
crimes.
way individuals react to society determine behavior.
4. Social Conflict Theory CA 2
- Finds that the society is in a constant state of Non-institutional corrections
internal conflict, and different groups strive to
•Non-institutional corrections
impose their will on others.
- refer to that method of correcting sentenced
Developmental Theories Of Delinquency
offenders without having to go to prison.
1. Social Development Model Theory
•Katarungang Pambarangay
-Joseph Weis, Richard Catalano, J. David
-takes charge of all disputes between and among
Hawkins, and their associates shoe how different
parties residing in the same village, city or
factors affecting childrens social development over
municipality which are punishable by imprisonment
their life course influence their delinquent behavior
not exceeding one (1) year or a fine not exceeding
patterns.
P5,000.00.
2. Interactional Theory
•Lupong Tagapamayapa
- holds that seriously delinquent youth form belief
-carries out the functions of the Katarungang
system that are consistent with their deviant
Pambarangay.
lifestyle.
•Executive Clemency
3. Age-Graded Theory
-Shall refer to Absolute Pardon, Conditional
- They reanalyzed the data originally collected by
Pardon with or without parole conditions and
the Gluecks more than forty years back.
Commutation Of Sentence as may be granted by
Contemporary Development Concepts the president of the Phillipines upon the
1. Age At Onset recommendation of the Board of Pardons and
- Most life-course theories assume that seed of a Parole.
criminal career are planted early in life and that •The Board of Pardons and Parole is the agency
early onset of deviance styrongly predicts later in charge with the release of sentenced prisoners
criminality. based on modes specified by law.
2. Life Transition •Section 4 of Act No. 4103 (Indeterminate
- Developmental theories focus attention on the Sentence Law)
chronic or persistent offender. •Executive Order No. 292, Series Of 1987 (The
3. Problem Behavior Syndrome Administrative Code Of 1987)
- Some developmental advocates believe that •BPP – Board of Pardons and Parole
delinquency may best be understood as one of •Pardon – a form of executive clemency granted by
many social problems faced by at risk youth. the President of the Philippines as a privilege
4. Pathways To Crime And Delinquency extended to a convict as a discretionary act of
- Development theorists recognize that career grace.
delinquents may travel more than a single road. Two Kinds Of Pardon In The Philippines
5. Delinquent Trajectories 1. Absolute Pardon
- In addition to taking different paths to – has no condition attached to it
criminality, people may begin their journey at - granted upon the recommendation of the Board of
different times. Pardons and Parole to the President through the
6. Continuity Of Crime Of Delinquency Secretary of Justice.
- The best predictor of future criminality is past -refers to the total extinction of the criminal liability
criminality. of the individual.
2. Conditional Pardon
– has attached conditions
-refers to the exemption of an individual.
-granted by the President of the Philippines to
release an inmate who has been reformed but is
not eligible to be released on parole

The Puposes Of Absolute Pardon Are:

1. To Right A Wrong.
2. To Normalize A Tumultuous Political Situation
•Amnesty CDI 3
-A special form of pardon exercised by the Specialized Crime Investigation
President of the Republic is amnesty.
•Crime – is an act or commission of an act that is
-a general pardon extended to a certain class of forbidden or the omission of a duty that is
people who are usually political offenders. commanded
-amnesty can be granted before or after conviction •Felonies (delitos)
by the courts
•means of deceit (dolo)
-The purpose of amnesty is to hasten a country’s
•means of fault (culpa)
return to political normalcy.
Three Types Of Crimes
-Amnesty is for the crimes of Rebellion, Sedition,
Illegal Association, Assault, Resistance To 1. Crimes Against The Person – are crimes that
Persons In Authority And Illegal Possession Of are directed to an individual person’s body, honor,
Firearms. and life.

•HUKBALAHAP – Hukbo ng bayan laban sa 2. Crimes Against Property – are crimes that are
hapon. directed to a person’s belongings, intellectual
properties and money.
•PKM – Pambansang kaisahan ng mga
Magbubukid. 3.Crimes Against Society – are directed to the
community’s moral code and values.
•Reprieve
Ex. Gambling, Prostitution, And Drug Violations
– another prerogative exercised by the President of
the Philippines. •Act No. 3815 (Revised Penal Code Of The
Philippines)
-it is applied to death sentences already affirmed by
the Supreme Court. -considered as one of the Philippines most
enduring pieces of legislation
-the temporary stay of the execution of a sentence.
-the basic law that defines criminal offenses and
-extended to death penalty prisoners.
provides the penalties for the commission of those
•Commutation Of Sentence offenses.
-refer to the reduction of the duration of a prison What is special law?
sentence.
-Contains antiquated provisions and it has a largely
-another prerogative of the President. been ineffective in addressing organized crime,
-it is an act of clemency by which a heavier or transnational crime, cybercrime and such other
longer sentence is reduced to a lighter or shorter emergent criminal activities that proliferate today.
term. •Special Crimes
-does not forgive the offender but merely reduces -Carnapping
the penalty of life imprisonment or death sentence
-Cybercrimes
for a term of years.
-Drug Trafficking
-resorted to because the law prescribe uniform
punishment for crimes regardless of how serious or -Gunrunning
how light the offense committed is. -Intellectual Property Theft
-Kidnapping For Ransom
-Smuggling
-Trafficking In Persons
-Money Laundering
•”Mala in se”
– crimes that are penalized in the Revised Penal
Code
-crimes that are considered wrong in and of
themselves. (Wrong In Itself)
Ex. Murder, Theft, Fraud.
•”Mala prohibita”
-a term applied to any action that is criminalized
strictly by state and statutory law.(Wrong Because
It Is Prohibited)
Ex. Smuggling, Drug Trafficking, Cybercrime