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MODULE #1

CODE OF HAMMURABI- represents the earliest known comprehensive framework that societies used to
regulate behavior and administer punishment for those who violated its rules. Known as “lex talionis,” which
advocate for retributive justice in the form of “an aye for an eye”
1641 stubborn child law- it authorized the punishment of death for children who defied their parents.
AMERICAN POSTCOLONIAL PATTERNS OF DELINQUENCY
Children Only law- Due to increasing demand on the state to take responsibility for improving the lives of
children
1916 Keating-Owen Act- passed by the united states congress and become the first piece of child labor in
America
Child-saving Movement- concerned citizens eventually formed a social activist group called Child Savers who
believed that children were born good and became bad
Parens Patria) during the heights of child savers this doctrine was created. It is the right and responsibility of
the government to take care of minors and others who cannot legally take care of themselves.
1818- a committee reports listed juvenile delinquency" as a major cause of pauperism the first public
recognition of the term juvenile delinquency
189- the Illinois legislature passed a law creating a juvenile court that became the cornerstone for juvenile
justice throughout the United States.
Medical Model- established by the Illinois Court Act, viewing crimes as a disease that could be treated and
cured by social intervention.
Four Ds of juvenile justice during the last half of the twentieth century are:
1. Deinstitutionalization 2. Diversion 3. Due Process 4. Decriminalization

Three factors that have been traced earlier as Youth Services Programs are:
1. The police-based nature of the program,
2. The use of counselling in a law enforcement setting and
3. The skills approach to training and treatment.
House of Corrections for Juvenile Delinquent
1. Bridewells it was the first house of corrections in England. They confined both children and adults
considered to be idle and disorderly.
2. Hospice of San Michele (Saint Michael) this was established in 1704 John Howard, a former, brought
to England from Rome a model of the first institution for treating juvenile offenders. He was often
thought of as the father of prison reform.
3. House of Refuge.- it was situated in New York in 1825 It was opened to house juvenile delinquents,
who were defined in its charter as "youths convicted of criminal offenses or found in vagrancy".

Significant Cases Concerning Juvenile Delinquency In re: Winship


It established proof beyond reasonable doubt as the standard for juvenile adjudication proceedings,
eliminating lesser standards such as a preponderance of the evidence, clear and convincing proof and
reasonable proof.

Breed vs. Jones It recognized that a juvenile cannot not be adjudicated in a juvenile court and then
tried for the same offense in an adult criminal court (double Jeopardy)

Kent vs. United States It provided the procedural requirements for waiver to criminal court as
articulated by the U.S. Supreme Court.
In re Gault (1967) The court held that the juvenile courts must provide the basic procedural
protection that the Bill of Rights guarantee to adults, including timely advance notice of the charges,
the right to counsel, confrontation and cross examination, self-incrimination, and the right to remain
silent.

America Bar Association (1977)


It endorsed discrimination of status offenses, urging that juvenile delinquency liability should include
only such conduct

Schall vs. Martin (1984) The supreme court upheld states right to place juvenile in preventive
detention. Preventive detention was perceived as fulfilling legitimate state interest of protecting
society and juveniles by detaining those who might be dangerous to society or to themselves.

MODULE #2
Basic Concepts and Definition Juvenile mine/ below 18
• A juvenile refers to an individual who has not yet reached adulthood or the age of majority. This term
encompasses children, adolescents, minors, youths, or individuals below the age of 18.
• Typically, juveniles are considered to be immature, with their mental and emotional faculties not fully
developed. Consequently, they may lack the capacity to assume complete responsibility for their
actions.
Delinquent in any age Tawo
 A delinquent is someone who repeatedly engages in criminal behavior. In the case of juvenile
delinquents, it is possible that they may also have underlying mental disorders or behavioral
issues, such as schizophrenia, post-traumatic stress disorder, or bipolar disorder.
It can also refer to a person, regardless of age, whose attitude towards others, the community, and
lawful authority is such that it may lead them to violate the law.
Juvenile Delinquency - gina ubra
Juvenile delinquency refers to criminal actions carried out by individuals who are considered juveniles.
It pertains to acts or behaviors exhibited by minors that deviate from accepted societal norms, rules,
regulations, customs, and cultural expectations. These acts warrant admonishment, punishment, or corrective
measures in the public interest.
Deviant behavior- is characterized by actions that do not conform to established norms. It involves behaviors
that, in some way, fail to meet the expectations of a group or society as a whole. To understand deviant
behavior, the following factors are worth considering:
Juvenile Crime:
In legal terms, it encompasses various offenses committed by individuals under the age of 18. Juvenile
offenses can include delinquent acts, which would be considered crimes if committed by adults, as well as
status offenses, which are less serious misbehaviors like truancy and disobedience towards parents
Unlawful acts committed by juveniles can be categorized into five primary groups:
1. Unlawful acts against persons
2. Unlawful acts against property
3. Drug and alcohol offenses
4. Offenses against public order 5. Status offenses
Status Offenses:
• Status offenses are actions that only juveniles can commit and are adjudicated exclusively by juvenile courts.
Stages of Delinquency
a . Emergence. The child begins with petty larceny between 8 and rag mega fry tiss 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 senousness.
d. Conflagration at around 15, four or more types of crime are added.
Classification of Delinquency
1. Unsocialized Aggression- children who are rejected or abandoned, no parents to imitate and become
aggressive
2. Socialized Delinquency- membership is fraternities or groups that advocate bad things
3. Over-Inhibited- group who secretly trained children to do illegal activities such as planting marijuana
or industries making illegal weapons and guns.
Pathway to Delinquency
1. Authority- conflict pathway- children at young or early age begin to show stubborn behavior. This leads
to defiance and later on may result in avoidance to authority
2. Covert Pathway- it begins with minor, deceitful behavior that leads to property damage. This will
escalate to more serious forms of criminality such as violence.
3. Overt Pathway - it will start with minor aggression, physical fighting and then to violence.
Types of Delinquent Youth
1. Socialized Delinquent youths who became delinquent as a result of the social association with people
from whom they learned deviant values.
2. Neurotic Delinquents youths who became delinquents as a result of distortions in their personality and
perception of the world around them. They may commit delinquent's acts because of insecurities of their
masculinity. Examples are youths who are kleptomania, shoplifters and pyromaniacs.
3. Psychotic Delinquents - youths with severe personality disturbance of their perception of the society and
people around them. Their distorted view of reality and their delusional thoughts may compel them to
commit weird acts that violate the law. They are most likely to commit violent mtovy a salbercrimes
including murder.
4. Sociopathic Delinquents youths that are characterized by an egocentric personality. They have limited or
no compassion for others.
Other classification of delinquents
1. Environmental delinquents- they are occasional law breakers
2. Emotionally maladjusted delinquents- they are chronic lawbreakers who make law breaking a habit they
cannot avoid or escape.
3. Psychiatric delinquents- they are youths who became delinquents due to mental illness or serious
emotional disturbances in the family
4. Occasional delinquents- these delinquents participate in the group. They do what others are doing.
5. Maladjusted delinquents- the activity stems from personality disturbance rather than gang activities or
slum residence. They have weak ego" the "asocial experienced early and severe parental rejection.
6. Gang delinquents - they generally commit the most serious infractions, most often sent to a correctional
institution and most often continuous in a pattern of semi-professional criminal behavior as adults.
Gang- Is frequently associated with groups in socially disorganized and deteriorated inner- city
neighborhoods.
- It is applied to youths who are engaged in a variety of delinquencies ranging from truancy, street brawls,
and beer running to race riots, robberies, and other serious crimes.
Thrasher is characterized by the following types of behavior. meeting face to face, milling movement
through space as a unit, conflict, and planning
1950, was broadly defined as a frendship group of adolescents who share common interest, with a more or
less clearly defined territory, in which most of the members live.
Youth Gang- It is a self-forming union of peers, bound together by mutual interests with identifiable
leadership, well-developed lines of authority, and other organizational features, who act in concert to
achieve specific purposes which generally include the conduct of illegal activity and control over a territory,
facility, or type of enterprise.
Characteristics of Gang
1. Organization- this states that a gang or gang members has collective goals. It may include the Akyat
Bahay Gang and the like,
2. Leadership- they have leaders that may decide matters related to the organization.
3. Turf or Territory- it involves identification and control Identify places like parks, housing projects, or
schools to impose their illegal acts. Crossing turf boundaries and entering another gang's territory, often
clearly marked by graffiti. involved taking serious risks.
4. Cohesiveness it refers to a gang's very close, tight-knit organization with loyal members bound to one
another by mutual friendship and common interests
Gang Suppression- Suppression could be attained through the use of lass that with allow authorities to
charge gang youths with basic criminal offenses against the persons, property, and public order crimes.
MODULE #3
Supernatural Theory
Supernatural theories attribute delinquency to demonic possession, with the belief prevalent during the
Middle Ages (500-1500 A.D.) that criminals were influenced by the devil This perspective stemmed from the
primitive notion that spirits guide every object and individual. However, supernatural explanations are not
accorded much credibility as they cannot be subjected to scientific testing In contrast, modern crime theories
rely on observable and measurable conditions and events. Termed natural explanations, the initial
formulations of such theories emerged in the 18th century through the Classical School.
Classical School Theory
Cesare Beccaria and Jeremy Bentham proposed this theory, which centers around a utilitarian perspective.
According to this view, individuals assess the potential benefits and drawbacks of their future actions before
making a decision to act.
Hedonism is a doctrine that asserts pleasure as the ultimate good in life and suggests that the pursuit of
pleasure fulfills moral duty Classical theorists provide four key justifications for punishing delinquent
individuals and offenders:
1. General Deterrence: The punishment of delinquents and criminals instills fear in the broader population,
discouraging them from engaging in delinquent acts or crimes
2. Specific Deterrence: By imposing punishment on delinquents, fear is instilled in the wrongdoers themselves,
making them less likely to commit future delinquent acts or crimes.
3. Incapacitation: Incarcerating wrongdoers prevents them from committing offenses against others in society
while they are confined within prison walls.
4. Retribution: Criminals or delinquents should be punished as a just response to their actions; it is morally
right and fair to impose punishment in response to the harm and damage caused by their offenses.
Neoclassical School Theory the theory strongly argued the seventy of the classical school. It did not take into
account why people commit crime. Instead, all people where held equally responsible for their behaviour.
Those who commit similar crimes received identical punishments.
Mitigating circumstances- such as age or mental condition, sometimes influence the choices that are made
and affect a person's ability to form criminal intent or means rea (guilty mind). This is why children under age
of seven cannot legally commit crime-they are presumed to be not capable of having guilty mind. Thus,
because of this it triggered the development of Individual justice, the idea that criminal law must reflect
differences among people and their circumstances.
Modern Classical School theory
Rational Choice Theory - it claimed that delinquents are rational people who make calculated choices
regarding what they are going to do before they act. Offenders collect, process, and evaluate information
about the crime and make the decision whether to commit it after they have weighed the cost and benefits in
doing so. Offenders decide where to commit it who or what to target, and how to execute it.
Routine Activity Theory it is focused on the crime target or anything an offender wants to take control of,
whether it is house to break into or a bottle of beer to shoplift. Before the crime will occur, three elements
must come together:
 Motivated offenders:
 Suitable targets, and
 An absence of people to deter the would-be offender.
II. Biological and Psychological theories
Charles Darwin was largely responsible for the shift in thinking about a crime from a focus on the act to the
actor. In his work, On the Origin of Species, he argued that God had not created all the species of animals and
that people had evolved from lower forms of life over millions of years.
Scientific Study of Crime
Scientific study of crime (Positive School of Criminology) believed that crime was caused by factors that are in
place before the crime occurs. Free will had nothing to do with what people did.
2. Biological Theories -These theories locate the causes of crime inside the person.
2.1. Physical Appearance and Crime
Criminal Anthropometry- Cesare Lombroso was the first to connect crime to human evolution... Criminals
were atavistic or throwbacks to an earlier, more primitive stages of human development.
Physiognomy it was founded by J. Baptiste Della Porte, If was popularized by Johann Kaspar Lavater who link
facial figures and crime
Phrenology- from the Greek word "mind"; and logos, "knowledge" and this theory claims to be able to
determine character, personality traits and criminality on the basis of the shape of the head. Franz Joseph Gall
developed his work on craniology, in which he alleged that crime was one behaviours organically controlled by
a specific area of the brain.
2.2 Body Type and Crime
William Sheldon suggested that there was a relationship between body build and temperament which was
known as Somatotype theory. He believed that human body consisted of three components.
Endomorph- soft temperament has the tendency toward plumpness, corresponds to viscerotonia
temperament tolerant, love of comfort and luxury, extravert.
Mesomorph- square masculinity and skeletal massiveness Has the tendency towards masculinity, and
corresponds to the Somatotonia temperament courageous, energetic active. dynamic, assertive and
aggressive and risk taker.
Ectomorph- linearity and frailty The tendency towards slightness, corresponds to cerebrotonia temperament
artistic, sensitive, apprehensive, introvert.
2. 3 Heredity and Crime
IQ and Delinquency- examine the relationship between heredity and crime centered on intelligence.
Suggested that every person had a mental age that could be presented by an IQ score.
Historical Studies- Henry Goddard (Kallikkak Family) administered intelligence test to prison and jail
inmates and discovered that 70% were "feebleminded"

MODULE #5
Psychological Theories
These theories assume that:
Delinquency's a result of internal underlying disturbances
These disturbances are developed during childhood and tend to become permanent features of the
individual character Since the individual has problems, he or she must be the focus of attention if the
problem is to be solved
1. Psychoanalytical Theory
The theory believed that people develop in a senses of stages. When abnormalities occur, the person is
more likely to experience conflict. Because conflict is painful to confront, people tend to push into their
unconscious mind those experiences that produce conflict Then finally, people use defense mechanism
to handle personal conflict.
There are Four Elements in Freud's Theory:
Human nature is inherently anti-social. Every child possesses a set of primitive anti-social instinct that
called ID.
Good behavior cones through effective socialization. Through socialization, the child leams internal
control.
The life-long features of the human personality originate in carly childhood By age 5, all the essential
features of the child's adult personality have been developed. Delinquent behavior is the result of a
defective superego.
The theory can be traced to Sigmund Freud who believed that personality consist of three parts.

ID- it is present at birth. It represents the basic biological and psychological drives, it does not
differentiate between fantasy and reality. It is also anti-social and knows no rules, boundaries, or
limitations. If the id IS left unchecked, it will destroy the person.
EGO- It grows from Ad and represents the problem-solving dimension of personality; it deals with
reality differentiating it from fantasy. It teaches children to delay gratification because acting on
impulse will get them into trouble.
SUPEREGO- It develops from ego and is the moral code, norms. and values the child has acquired. The
superego is responsible for the feelings of guilt and shame and is more closely aligned with the
conscious.
II. Behavioral Theory and Delinquency
B.F.Skinner- is the most famous behaviorist who believe that environment shapes behavior Skinner
thought children learn which aspects of their environment are pleasing and which ones are painful.
Albert Bandura- expanded Skinner's idea and developed the theory of aggression where he said
children learn by modelling and imitating others.
III. Social Class Theories
1. Culture Deviance Theory - this theory is popular in the early 20 century. They believe that children
do not really commit delinquent acts. Their behavior may be considered deviant by the larger society
but it is compatible or acceptable in the neighborhood that they live in. In this sense, what society calls
delinquency is actually conformity to norms which is not acceptable for "outsiders" nut not by
"insiders"
1.1. Neighborhoods and Delinquency
Clifford Shaw and Henry McKay blames delinquency on the neighborhood Where a child lives. They
hypothesized that delinquency rates would decline or decrease the farther one moved from the center
of the city. called zonal hypothesis. Those who are on the center of the zone lends to be more prone to
delinquency.
a. Differential Association theory or Social Learning Theory
Edwin Sutherland has proposed this study where he described the process children go through to
become delinquent. His theory states that crime is learned behavior.
People learn criminal behavior through the groups with which they associate. If a person associates
with more groups that define criminal behavior as unacceptable, the person will probably engage in
criminal behavior
Nine Principles of Differential Association Theory
1 Delinquent behavior is learned.
2. Delinquent behavior is learned in interaction with others through a process of communication
3. Learning lakes place in intimate groups.
4. In intimate groups, children learn techniques for committing crime as well as the appropriate
motives attitudes, and rationalizations
5. The specific direction of motives and drives is learned from definitions of the legal code as being
favorable or unfavorable
6. A child becomes delinquent because of an excess of definitions favorable to violation of law over
definitions unfavorable to violation of law. Definitions favorable to the violation of law are learned from
both criminal and noncriminal persons
7. The tendency toward delinquency will be affected by the frequency, duration, priority, and intensity
of learning experiences
8. Leaming delinquent behavior involves the same mechanisms involved in any other learning
9. Criminal behavior and noncriminal behavior area expressions of the same needs and values
STRAIN THEORIES - Strain theories assume that children are basically good. Only under pressure (strain)
do they deviate. Pressure for deviance comes from their having internalized society's goals, such as
being successful and wanting to achieve them.
Robert Merton Strain Theory
Merton blames delinquency on conformity to conventional cultural values. According to him although
most people share common values and goals, the means for legitimate economic and social success are
satisfied by socio- economic class.
Merton's suggests five adaptations tot this dilemma
a. Innovation- individuals who accept socially approved goals, but not necessarily the socially
approved means
b. Retreatism- those who reject socially approved goals and the means mears Lego for acquiring
them.
c. Ritualism- those who buy into a system of socially approved means. but lose sight of the goals.
Merton believe that drug users are in this re category
d. Conformity- those who conform to the system's means and goals
e. Rebellion- people who negate socially approved goals and means by creating a new system of
acceptable goals and means
Albert Cohen Strain Theory
Cohen published Delinquent boys in 1955, where he explain why urban. Lower class boys commit
delinquency. He began by identifying characteristics of delinquents. They are malicious, negativistic,
non-utilitarian, versatile, loyal, and cannot deter gratification
1. Cohen blames delinquency on The frustration children experience because of their low status;
and
2. Their inability to live up to middle class standards. Delinquency is the consequence of children
expressing their frustration toward middle class norms and institutions.
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 legitimate success are no more equally distributed than
the means for legitimate
Three types of delinquent gangs (Cloward & Ohlin)
a. The Criminal Gang - emerges in areas where conventional as well as non-conventional values of
behavior are integrated by a close connection of illegitimate and legitimate eather businesses.
b. The Conflict/Violent Gang non-stable and non-integrated, characterized by an absence of criminal
organization resulting in instability. This gang alms 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 2AM faile
2.4. Robert Agnew Strain Theory In 1992, Agnew added a twist to the work of Merton, Cohen, and
Cloward and Ohlin in his General Strain Theory that increased the number of conditions and
produced frustration for children
Agnew's Types of Strain
a. Failure to achieve positively valued goals. This type of strain may result from doing poorly on an
exam or not performing well in sporting event.
b. Denial of previously attained achievements. This type of strain may stem from being fired from a
job or being "dumped" by a boyfriend or a girlfriend.

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