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CRIMINOLOGY BOARD EXAM REVIEWER

Juvenile Delinquency
PD 603 - Child and Youth Welfare Code
RA 9262 - Anti Violence Against Women and their Children Act of 2004.
RA 9344 - Juvenile Justice and Welfare Act of 2006
Youthful offender - over 9 years old but under 18 years old at the time of the commission of the offense.
Crime Theories Applicable to Juvenile Delinquency
1. Rational Choice - causes of crime lie within the
individual offender rather than in their external
environment.
2. Social Disorganization - absence or breakdown of
communal institutions and communal relationships
that traditionally encouraged cooperative
relationships among people.
Communal Institutions
1. Family
2. School
3. Church
4. Social Groups
3. Strain Theory - crime is caused by the difficulty of
those in poverty in achieving socially valued goals
by legitimate means.
4. Differential Association - young people are
motivated to commit crimes by delinquent peers
and learn criminal skills from them.
5. Labelling Theory - once a person is labeled criminal
they are more likely to offend. Once labeled as
deviant, a person may accept that role and more
likely to associate with others who have been
similarly labeled.
6. Social Control Theory - proposes that exploiting
the process of socialization and social learning
builds self control and can reduce the inclination
to indulge in behavior recognized as anti social.
Four Types of Control That Can Help Prevent JuvenileDelinquency
1. Direct - punishment is threatened or applied for

wrongful behavior and compliance is rewarded by


parents, family and authority figures.
2. Internal - youth refrains from delinquency through
the conscience or super ego.
3. Indirect - by identification with those who
influence behavior because his/her delinquent act
might cause pain and disappointment to parents
and others with whom he/she has close
relationships.
4. Control - through needs satisfaction, if all
individuals needs are met, there is no point in
criminal activity.
Breed vs. Jones - A US court decision where it held that juveniles can not be tried when acquitted in juvenile court
then tried again in adult criminal court.Double jeopardy applies to juveniles as well as adults.
Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a statutory limit.
Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act that otherwise would
have been charged as a crime if they were an adult.
Crimes Commonly Committed by Juvenile Delinquents
1.

Status offenses - is an action that is prohibited only to a certain class of people and most often applied to
offenses only committed by minors. example, under age smoking.

2. Property crimes - is a category of crime that includes theft,robbery,motor vehicle theft,arson,shop lifting
and vandalism.
3. Violent Crime in which the offender uses or threatens to use violent force upon the victim.
Age of Majority - is the threshold of adulthood as it is conceptualized,recognized or declared by law.The vast
majority ofcountry including the Philippines set majority age at 18.
Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person between the ages of 13 and
19.
Types/Categories of Juvenile Delinquency
1.

Delinquency - crimes committed by minors which are dealt with by the juvenile courts and justice system.

2. Criminal behavior - crimes dealt with by the criminal justice system.


3. status offenses - offenses which are only classified as such because one is a minor, such as truancy which is

also dealt with by juvenile court.


Truancy - is any intentional unauthorized absence from compulsory schooling.
Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable.The term includes criminal
damage such as graffiti and defacement directed towards a property without the permission of the owner.
Graffiti - is writing or drawings scribbled,scratched or sprayed illicitly on a wall or other surface in a public place.
Defacement - refers to marking or removing the part of an object designed to hold the viewers attention.
Types of Offenders That Emerge in Adolescence

1. Repeat Offender - (life-course-persistent offender) - begins offending or showing anti-social/aggressive


behavior in adolescence or even childhood and continuous in adulthood.
2. Age Specific Offender (adolescence-limited offender) - juvenileoffending or delinquency begins and ends
during their period of adolescence.

Juvenile Delinquency Reviewer 3


Probable Sources of Board Exam Questions in Juvenile Delinquency
1. Victimless Crimes - refers to offenses where there is no
private offended party.
2. Youth Rehabilitation Center - refers to a 24-hour residential care
facility managed by the Department of Social Welfare and
Development (DSWD), LGUs, licensed and/or accredited NGO's
monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law.
3. Youth Detention Home - refers to a 24-hour child-caring
institution managed by accredited local government units (LGU's)
and licensed and/or accredited non-government organizations
(NGO's) providing short-term residential care for children in
conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.
4. Status Offenses - refers to offenses which discriminate only

against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations,
truancy, parental disobedience and the like.
5. Restorative Justice - refers to a principle which requires a
process of resolving conflicts with the maximum involvement of
the victim, the offender and the community.
6. Recognizance - refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible for
the appearance in court of the child in accordance with the law,
when required.
7. Offense - refers to any act or omission whether punishable
under special laws or the Revised Penal Code, as amended.
8. Law Enforcement Officer - refers to the person in authority or
his/her agent as defined in Article 152 of the Revised Penal
Code, including a barangay tanod.
9. Juvenile Justice and Welfare System - refers to a system
dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development.
10. Intervention - refers to a series of activities which are designed
to address issues that caused the child to commit an offense.
It may take the form of an individualized treatment program
which may include counseling, skills training, education, and
other activities that will enhance his/her psychological,
emotional and psycho-social well-being.
11. Initial Contact With the Child - refers to the apprehension or
taking into custody of a child in conflict with the law by law
enforcement officers or private citizens.
12. Diversion Program - refers to the program that the child in
conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal
court proceedings.
13. Diversion - refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict

with the law on the basis of higher social, cultural, economic,


psychological or educational background without resorting to
formal court proceedings.
14. Deprivation of Liberty - refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child
in conflict with the law is not permitted to leave at will by order
of any judicial or administrative authority.
15. Court - refers to a family court or, in places where there are no
family courts, any regional trial court.
16. Community-based Programs - refers to the programs provided
in a community setting developed for purposes of intervention
and diversion, as well as rehabilitation of the child in conflict with
the law, for reintegration into his/her family and/or community.
17. Child in Conflict with the Law - refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense
under Philippine laws.
18. Child at Risk - refers to a child who is vulnerable to and at the
risk of committing criminal offenses because of personal, family
and social circumstances.
19. Child - refers to a person under the age of eighteen (18) years.
20. Best Interest of the Child - refers to the totality of the
circumstances and conditions which are most congenial to
the survival, protection and feelings of security of the child and
most encouraging to the child's physical, psychological and
emotional development. It also means the least detrimental
available alternative for safeguarding the growth and
development of the child.
21. Bail - refers to the security given for the release of the person
in custody of the law, furnished by him/her or a bondsman, to
guarantee his/her appearance before any court. Bail may be
given in the form of corporate security, property bond, cash
deposit, or recognizance.
22. R.A. No. 9344 - The Act creating the Juvenile Justice and
Welfare Act of 2006.

23. Article 40 of the United Nations Convention on the Rights of the


Child - the State recognizes the right of every child alleged as,
accused of, adjudged, or recognized as, having infringed the
penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her
reintegration.
24. R.A. No. 9344 should be construed liberally in favor of the child
in conflict with the law.

Juvenile Delinquency Reviewer 4


Juvenile Delinquency Definition of Terms
1. Adjudicated delinquent: A youth who has been found by a judge
in juvenile court to have committed a violation of the criminal law,
that is, a delinquent act.The judge can formally adjudicate the
youth as an initial step before imposing a disposition
(a sentence or punishment), or the judge can decide not to
adjudicate the youth and instead impose conditions that, if met,
will result in dismissal of the charges.
2. Adjudicatory hearing: The fact finding (trial) phase of a juvenile
case in which a judge receives and weighs evidence before
deciding whether a delinquency or status offense has been
proven beyond a reasonable doubt.
3. Aggravating factors: Factors to be considered that may increase
the seriousness of the offense, such as prior offenses, weapon
use, heinous nature of crime, and threats to victims or witnesses.
4. Arrest: A law enforcement officer charges an offender with a
criminal act or violation of law and takes the offender into
custody based on probable cause.
5. Conflict resolution: Use of communication skills and creative
thinking to develop voluntary solutions that are acceptable to
disputants.
6. Continuum of care: A broad array of juvenile justice programs

and services ranging from prevention programs for young


children and youth at risk of delinquency to intervention programs
serving high-risk youth in secure residential settings.
7. Curfew: A local ordinance that requires, under specific conditions
and exceptions, a specific group of persons (usually juveniles
under a certain age) to refrain from unsupervised activities after a
designated hour within the confines of a selected area, city,
or county.
8. Custody; Taken into custody: Being in the care of a criminal or
juvenile justice agency or official or being taken into custody by
a law enforcement officer pursuant to the laws of arrest if the
juvenile were an adult and the offense is criminal in nature.
9. Delinquency prevention programs: Programs and services
designed to keep at-risk youth from entering the juvenile justice
system.
10. Delinquent act: Any act committed by a youth that would be a
criminal violation if committed by an adult.
11. Delinquent juvenile: A youth who has been found responsible for
having committed a delinquent act--the equivalent of being
found guilty of a criminal offense.
12. Detention: In custody (secure, non-secure, or home
confinement) while awaiting an adjudication hearing, disposition,
or commitment placement.
13. Detention hearing: A judicial hearing generally required to be
held within 72 hours of a youth being taken into custody, at
which point the court determines whether (1) there is probable
cause to believe that the youth has committed a delinquent act
or a court order exists that requires the continued detention of
the youth, and (2) continued detention is required pending an
adjudicatory hearing.
14. Disposition hearing: The hearing in a juvenile case (like a
sentencing hearing in criminal court) at which the court receives
a predisposition report containing information and
recommendations to help determine the appropriate sanction.
These sanctions can include probation, commitment to the
custody of the state's department of juvenile justice, or

community-based sanctions.
15. Diversion: A process by which a youth is channeled from the
juvenile justice system. Examples are Informal Adjustment,
Truancy Court, etc.
16. Intake: The process used for every youth referred to juvenile
court. Intake involves screening each youth to determine the
appropriateness for release or referral to a diversionary program
or agency for nonofficial or nonjudicial handling. This screening
also identifies the presence of medical, psychiatric,
psychological, substance abuse, and educational problems or
other conditions that may have caused the youth to come to
the attention of law enforcement or intake. Intake includes initial
screening of a status offender to determine the recommended
action to be taken in the best interests of the youth, the family,
and the community.
17. Juvenile delinquency program: Any program or activity related
to juvenile delinquency prevention, control, diversion,
intervention,treatment, rehabilitation, planning, education,
training, and research.
18. Mediation: A process by which a neutral third person, or
mediator, encourages and facilitates the resolution of a dispute
between two or more parties. It is an informal process designed
to help the disputants reach a mutually acceptable and voluntary
agreement. Decision making authority rests with the parties.
The role of the mediator includes, but is not limited to, helping
the parties identify issues, fostering joint problem solving, and
exploring settlement alternatives.
19. Mentoring: Generally involves providing support and guidance to
and spending time on a regular basis with a youth. Mentoring
activities can include participating in sports, playing games,
shopping, taking hikes, helping with homework, and
doing chores.
20. Protective factors: Factors that help to reduce the impact of
risk factors in a young person's life.
21. Risk factors: Certain problem behaviors present risk factors in
a young person's life that may contribute to later delinquency.
A few examples include the availability of drugs and firearms in

the community, family conflict, and friends who engage in


problem behaviors.
22. Status offenses: Non-criminal offenses only applicable to
children--for example, being truant, running away from home,
possessing alcohol or cigarettes, or violating curfew.
23. Truant: A young person who is absent from school without
permission or authorization.
24. Victimization: The result of a planned or accidental act that
causes physical or psychological harm.
25. Violent crime: Crimes of violence include rape, robbery,
assault, or murder.

CRIMINOLOGY BOARD EXAM REVIEWER

Juvenile Delinquency Definition Of Terms


4 Major Theories That Explain Existence Of Delinquency
1. Demonological/Pre-Classical Possessed by spirits before.
2. Classical
3. Positivist
4. Gotical
Abandoned Child Is one who has no proper parental care or guardianship or whose parents or guardians
have deserted him for a period of at least 6 continuous months.
Age Of Enlightenment 18th century.
Borstals Youth Custody Centers and detention center.
Cesare Lombroso Father of Criminology.
Common Detected Young Persons Crime
1. Shoplifting

2. Crimes Of Violence
Crime Rate Population X 100%
-------------Crime Volume
Critical Theory explains that delinquency is the by product of social arrangement.

Defendant Child Is one who is without a parent, guardian or othercustodian or one whose parents, guardian o
other custodian for good cause desires to be relieved of his care and custody.
Delinquency Acts against norms, mores of society.

Deviancy Is a stage of human existence where one has ceased to believe in love whereby the child ends up bi
empty, lonely, resentful and in most cases emotionally infantile.
Edwin Schur Radical Non Intervention if a child commits an offense, he should be left alone.
Emancipation Liberty from parental authority.

Emotionally Disturbed Children Are those who although not afflicted with insanity or mental defect are unab
maintain normal social relations with others and the community in general due to emotional problems and
complexes.
Epideology Transmission.
Etiology Delinquency

Family Home Constituted jointly by the husband and the wife or by unmarried head of a family, is the dwelli
house where they and their family reside and the land on which it is situated.
Hedonism Pleasure, highest goal of man's life.
Hedonistic Calculus Process of weighing pleasure and pain.
Idea Of Determination Any act committed awaits an explanation to the natural world.
Jeremy Bentham Introduced punishment of imprisonment.
JJS Juvenile Justice System
Juvenile person/Minors/Youth whose mental and emotional faculty has not been fully developed.
Juvenile Delinquent Person commits any act of delinquency.
Juvenile Diversion Offender is removed from JJS and diverted to other government programs.

Labelling Theory 1. Internationalist Perspective any youth who commits a crime should be left alone
2. Social Perspective
Neglected Child is one whose basic needs have been deliberately unattended or inadequately attended.
Neo-Classical Theory Modified the classical theory, excepted the child and lunatics from punishment.
Parental Authority/Partia Potestos Rights and obligations which parents have in relation to the persons and
property of their children until their emancipation and even after this under certain circumstances.
PD 603 Child and Youth Welfare Code Approval Dec.10,1974
Effectivity June 10,1975
Police Prime mover of JJS
- Backbone of CJS

Poverty Means the condition of that group whose income is low, therefore, the standard of living is not enoug
maintain normal health and efficiency.
Some Causes of Poverty Which Could Be One Of The Causes Of Crime
1. Physical Environment
2. Unfavorable Economic Condition
3. Social Environment
4. Defects in Government
5. Defects in Education
Proponent of Classical Theory
1. Jeremy Bentham
2. Cesare Beccaria
Proponents Of Positivist/Italian Theory

1. Cesare Lombroso
2. Enrico ferri
3. Rafael Garofalo
RA 6809 18 years old - age of majority.
RA 8669 Law which created the family court.
Truancy Frequent Absences
Types Of Delinquents
1. Occasional Delinquent
2. The Gang Delinquent
3. Mal Adjusted delinquent
Welfare Model Is the positivistic approach which holds that young offenders should be helped rather than
punished.
William Bonger Social Conflict Theory society is composed of the ruling class and the ruled class.
Young Offenders Fall Into Two Categories
1. Juveniles
2. Young Adults at least 17
Youthful Offender below 18 years old.
- Is one who is over 9 years but under 18 years of age at the time of the commission of the
offense.
Zones Of Peace Children trapped in an armed conflict based on RA 7610.