ARTICLE: ON JUVENILE DELINQUENCY

Authors:
Mr. Vincent Cann.
System Administrator & Computer Scientist,
Accra Ghana. +233 26 416 9521

Co-Author:
Dr. Julius Kwaku Kattah.
International Economist, Lecturer & Consultant
Accra Ghana. +233 24 477 8394

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 1
Introduction

Children has always been the future leaders of every country, our properties and
prosperous of any nation. Erstwhile system exposed delinquents to infection due to
imprisonment with other criminals. A child is absolution born innocent but circumstance
or some social and environmental factors becomes a negative aspect which diverge the
minds towards criminal tendencies, whose removal might shape them into a person of
figure and merit. A nation’s future citizens deserve compassion and the proper care.

A hale and hearty location should be delivered to all children so that they can
become sophisticated citizens and good leaders who are socially active, physically fit
and mentally aware, prepared with all skills and active contribution required by the
society in which they find themselves to be. The deviant behavior of the juvenile has
produced social complaint and destruction of moral values which creating and alarming
position in organized society. To decrease disparity and confirming social justice an
equal prospects for development to all children should be given, which successively
would work as an active measure to thwart children from becoming delinquent in any
society. There is a general approach towards children to behave obediently, show
respect towards others and engage behavior having high moral values but due to
various circumstances children are being averted from social and general command.

Currently, juvenile delinquency has become an important feature of criminology

that’s the study of crime. Juveniles have gotten serious forms of delinquent conduct
which may hinder the stability and social command of the society.

The word “delinquency” has was derived from the Latin word (delinquere) which
meaning de i.e. “away and linquere” i.e. “to leave thus, mean by to leave or to
abandon”. Now a day, the word was having predominantly meaning and applied to
those parents or guardian who have abandoned and neglected their children. Initially, it
is applicable on all those children who are tangled in illegal and harmful activities. The
juvenile is a teen who has apparent dishonored certain laws which announces his act or
omission as an offence. A juvenile and a minor are used in different perspective in legal
terms. The term juvenile is generally used to characterize a young criminal offender and

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 2
minor is allied to legal capacity of a person. More over Juvenile is considered as a
young person who has not accomplished a specific age as mentioned in the law of any
country and doesn’t abide resemblance as a matured person and who can be made
legally accountable for his criminal activities. Although laws concerning Juvenile have
been formed long since, they are also being changed from time to time. Currently, in all
the advanced and civilized countries of the world the laws with regard to the Juvenile
have been changed. Special courts are established with specially trained Magistrates
for the trial of the juvenile, in USA every state has the authority or jurisdiction to define
the age of juveniles who is living within its own territory or jurisdiction; because in
America, different states have different age criteria with regard to offence committed by
the juveniles. But most of the states coincide with maximum age set in the standards
1976.2 Under federal government, (a person under the age of 21 years can be
considered as juvenile delinquent for committing any offence but in some other States
age limit is under 12 years or under 18 years. In majority of the States there is no lower
age limit set for petitioning child as a delinquent, in the Mississippi it is 10 and in the
New York it is set as 7 years).

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 3
 Table of Content

Introduction …………………………………………………………………………………… 2

Definition of a Juvenile …………………………………………………………………… 5

Definition of Delinquency …………………………………………………………………… 6

Juvenile Delinquency: Nature and Characteristics …………………………………… 8

Historical Background of Juvenile Delinquency ………………………………………….... 8

Theories on Juvenile Delinquency ………………………………………………….. 10

Strain / Institutional Anomie Theory ……………………………………………………… 10

Subculture Theory ………………………………………………………………………..... 11

Differential Opportunity Theory …………………………………………………………. 12

Risk factors of Delinquency …………………………………………………………. 12

Institutional corrections for juvenile delinquents ………………………………………..... 13

Recommendations ………………………………………………………………………….. 15

Conclusion ………………………………………………………………………………….. 16

Bibliography ………………………………………………………………………………….. 17

Reference ………………………………………………………………………………….. 17

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 4
Definition of a Juvenile

A person below the age at which ordinary criminal prosecution is possible or a child who
is not jet old enough to be regarded as an adult, juvenile age varies base on the country
or the states in which the child leave or comes from. India as a nation, before passing of
the children Act, 1960 there was no consistency regarding age limit of juvenile
delinquent.

Bombay Children Act 1948 defined Child as a boy who has not completed the age of 16
years or girl who has not completed the age of 18 years. The U.P. Children Act defined
Child as a person under the age of 16 years.

Under the children Act 1920 Child is a person under 14years and when used to
reference to send to certified school applies to that child during while period of detention
notwithstanding that the child attains the age of 14 years before expiration of that
period.

The Saurashtra and West Bengal defines a Child as a person who has not gotten to the
age of 18 years, while Haryana Children Act has also upheld this difference in defining
child as a boy who has not gotten to the age of 16 years and a girl who has not gotten
to the age of 18 years. Juvenile Justice Act, 1986 defines a juvenile or child, who in
case of a boy has not accomplished age of 16 years and in case of a girl 18 years of
age.

Government of India while honoring its international duties revoked the JJA Act, 1986
by 2000 Act and the difference regarding the age between male and female juveniles
was done away. According to the new law, age of juvenile for both male and female
involved in conflict with law has been fixed at 18 years. A juvenile in conflict with law
under the JJ (C & P) Act, 2000 is a juvenile who is alleged to have committed an
offence but has not completed 18 years of age on the date of commission of said
offence.

A juvenile in the United States is a person who is typically below 18 years but in the
following states: Georgia, New York, Michigan, Missouri, North Carolina, New

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 5
Hampshire, Texas and Wisconsin is person under 17 years of age and commits an act
that else would have been charged as a crime if they were an adult. most countries
classify a person under the age of 18 years who fails to abide by the laws as a juvenile

Definition of a Delinquency

It’s when a person commits a felony, unwelcomed action, omission or moral behavior of
a juvenile which is socially not permitted in any society. The Federal Bureau
Investigation (FBI) defines juvenile to be anyone under the age of 18 irrespective of how
each individual state explains a juvenile. Therefore, this means that when a child fails to
meet social obligations anticipated from them by the people, then he or she will be
considered to be delinquent. The act of the child can be seen as a childish or silly
behavior but it can cause serious panic and concern. There is a very fuzzy distinction
between a delinquent child and a normal child and his or her behavior to restless person
to decide the factor among a cheerful act and delinquency.

As a psychiatrist will say, delinquent is activity which diverges from the normal behavior
of a person, also some social workers term delinquency entails of social unaccepted
deeds in a community or and environment. According to W.H. Sheldon, it is “behavior
disappointing beyond reasonable expectation”. Cyril Bur say that “Delinquency occurs in
a child when he or she antisocial propensities appear so grave that he or she becomes
or should become the subject of official deed”. The first ever legislation on juvenile
delinquency, delivered by the State of Illinois in l899 which gives various specific kinds
of delinquency in accumulation to the offences covered by the criminal and since then
every state has passed the delinquency laws. Frederick B. Sussmann gave a list of acts
or conditions incorporated in delinquency definition as “defilement of any law or
ordinance, habitual truancy, association with thieves, brutal or immoral persons, and
irredeemable beyond control of parent or guardian”. In the research of Edwin Powers
and Helen Witmer found they came across that to define the real delinquents, it was
necessary consider these three concepts or criteria namely:

 The seriousness of the behavior

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 6
  The frequency and
 The attitude of the offender toward a lawfully constituted society.

Because of this delinquent has been classified into five major sects that’s ordinary,
occasional, most, Seldom and least delinquent. We also have two approaches for the
interpretation of the term delinquency;

The Legal term: according to to Robison delinquency is an umbrella for a wide variety of
social disapproved behavior that varies with the time, place and attitudes of those
assigned to administer the law such as bunking schools, always visiting the cinema hall,
rebellious conduct, Truancy and incorrigibility, and coming home late at night.

The sociological term: its refers to the anti-social acts of the children and of young
person under age, these kind of acts are either termed as prohibited by law or may be
lawfully understood as constituting delinquency or as involving some form of official
conduct, was said by Clyde B. Vedder as juvenile delinquency means deviating from
normal behavior.

In short, delinquency described on a sociological aspect is a child whose action is not

as per statue and its terrifying their parents, teachers, neighbors and guidance. New
Mexico Law defines a delinquent as a child who, normally refuses to obey the
reasonable and lawful commands of his or her parents or persons of lawful authority is
believed to be habitually uncontrolled, habitually disobedient or habitually way word, or
who habitually is a truant from home or school or who habitually so deports himself as
to injure or threaten the morals, health or wealth or welfare of himself or others.

Juvenile Delinquency: Nature and Characteristics

A juvenile delinquent is a person who constantly commits a crime or crimes, but are not
prosecuted by law as an adult due to their minor age. Juvenile delinquency is defined as
Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 7
an individual under the age of 18 who fails to abide by the laws. However, based on the
crime committed and the severity of the crime, a juvenile may be prosecuted as an adult
depending on the state's law.

Historical Background of Juvenile Delinquency.

In the beginning of 1500’s imagine committing a crime at the age of 11 and having to be
confined in a facility with adult offenders? Or having to be endangered to harsh
sentence for the crime committed? But current juvenile justice system ensures that
juveniles are dealt with appropriately and focus more on reorienting a juvenile by
working with them in their household, the community and school.

Erstwhile to the 1800s, when a juvenile committed a crime, he or she is disciplined the
same way as an adult would be penalized. The ideology of treating juveniles the same
as adults all stopped from the English Common Law. Under the English Common Law,
juveniles were strained into working and were often trained into agricultural or domestic
work. Moreover, many juveniles were apprenticed into adulthood. The same practices
under the English Common Law quickly made its way into America and sustained until
the early nineteenth century.

Although the same practices were established and juveniles were being strained as
adults for crimes in which they committed, civil leaders decided to focus on alternative
ways to ease the harsh conditions in which juveniles were being exposed to. Thus, they
began to refer to themselves as the child savers. The main goal of the child savers was
to advance the behaviors of juveniles by creating programs, activities, and providing
attention to these youths.

The 1800s were the live saving movement for juvenile came in. With the creation of this
movement, the child movement focus was to generate programs that will focus on
reforming juveniles. To achieve this, the New York House of Refuge was established in
1825. The main motive of this institution was to cater for those juveniles who were
considered at risk on the streets and modify them into a setting that was conducive to
them, which was usually in a household like setting.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 8
Most of the youths taken to the House of Refuge, were status offenders or children that
their parents were not able to supervisor or control their behaviors. These orders were
given by the courts to be sited into this institution. The House of Refuge opened its
doors caring for under 10 youths and within an era of its operation; they had over 1600
youths in which they were working with. Similar institutions were established in other
states as they saw the success of it.

Several institutions focused on reforming delinquent children, there began to be

cultivating concerns as to the treatment of these young ones in these organizations. The
same problems that we facing today in many of our correctional facilities, was the same
thing they were facing back then in the House of Refuge. The institution started
experiencing an overcrowding of youth, poor conditions in caring for them and issues
with administration. In view of this, the child savers appealed for there to be a juvenile
court and that brought about the first juvenile court in Illinois within the year 1899. The
juvenile court was permitted to have jurisdiction over any child under the age of 16
years who was responsible of violating the law, providing care to those children who
were being ignored, and to ensure the separation of juvenile and adult offenders. The
establishment of the Juvenile Court Act of 1899 was a major movement in the juvenile
justice system. How juveniles were punished for crimes in which they staunch, was a lot
different than the penalty given to the adult offenders. The idea behind the juvenile
justice system was to allow children to confess to their guilt and focus on rehabilitating
the juvenile court wasn’t all about punishment but rather recognizing what the needs of
the youth was and finding a way for their delinquent.

Theories on Juvenile Delinquency

The word Juvenile delinquency has been a debatable issue between psychologists,
criminologists, and even sociologists. Lot of people contrasting and concurring opinions
have been knowledgeable with many researchers focusing on the real cause, which can
be explained using different theories ranging from the classical to modern ones.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 9
Many philosophers have come up with different explanations seeking to investigate
these tendencies in juvenile crime. Some have associated it with the aspects of race,
gender, poverty that is depicted by poor socio-economic status, where others too have
associated it with childhood events such as sexual abuse or even other forms of
physical abuse. Peer group influence has also provided large surface areas for juvenile
crimes to flourish of thus quite a number of available theories are connected to this in a
greater way.

This research seeks to look into the social based theories that explain juvenile
delinquency together in traditional and modern or advanced perspective. We theories
include the feminist theory, social disorganization theory, strain theory, sub-cultural, and
educational theories among others. There are some theories that are not considered
official as they are formulated from the previous ones and therefore cannot be treated
as independent. Current studies on juvenile delinquency have found these factors
influential enough in juvenile delinquency thus relating them as modern theories;
example is the educational abilities of some victims of this type of crimes. However, we
can still be related these theories with the traditional ones in one way or the other.

There are three common theories on juvenile delinquency. The three theories are the
anomie theory, the subculture theory, and the differential opportunity theory.

1. Strain / Institutional Anomie Theory

The Strain theory was written in the 1940s by Robert Merton. The theory clarifies
that juvenile delinquency occurs because the teenagers don’t have enough
resource to make themselves happy. Their goals were not able to be achieved
within legal means so they find unlawful means by which to attain their goals.
Strain theory emphasizes that most juveniles share similar goals, values and
aspirations; but many juveniles do not have an equal ability or the means to
accomplishing such goals, as economic or social success. The difference
between what persons want and their limited opportunities to achieve them
creates frustration. Because chances for success are more open for the middle
and upper classes, those in the lower socioeconomic class experiences it most,
Merton’s theory of strain and anomie was explained into details by Robert Agnew
Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 10
 (1992) to enlighten the varieties of delinquent behavior through the general strain
theory. Agnew identified three sources of strain:
 Strain caused by the failure to attain positively valued objectives, basically the
same as Merton’s theory of anomie.
 Strain caused by the elimination of positively valued incentives from the
individual. Examples include the loss of a girl/boyfriend, divorce or separation of
parents, death of a loved one, or leaving friends and moving to a new
neighborhood or school.
 Strain as the demonstration of negative stimuli, such as child abuse and neglect,
physical punishment, family and peer conflict, stressful life conditions, school
failure, and criminal victimization.

An example would be a juvenile who has had a goal to get a job and to buy the modern
Phone, that juvenile will be saving everything money that he or she will gets. But as time
goes on if that juvenile finds out that he or she is not keeping up to the amount of the
price of the phone, is either steals a phone or he steals money to purchase the car.
Research has made it clear that pressure such as family breakup, unemployment,
moving, feelings of dissatisfaction with friends and school are positively related to
delinquency. In this sense lack opportunities make makes juvenile use deviant and
illegitimate means to achieve their goals. (Paternoster & Mazerolle, 1994)

Subculture Theory

Another theory about juvenile delinquency is the subculture theory. In 1955, Albert
Cohen developed the subculture theory, which is a culmination of several of his
theories. This theory is made from the fact that modern societies have established a
culture of separation where isolated groups of people have their own values and norms
from the main society. These behaviors have introduced the arts of learning antisocial
behaviors that defined by criminal studies as offense. According to Cohen, juvenile
delinquency is a product of society. The juveniles commit crimes, such as stealing,
because it is not a social norm, and they do it to fit in with their subculture.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 11
Differential Opportunity Theory

The differential opportunity theory basically concerned with young people who commit
crimes, Richard Cloward and Lloyd Ohlin asked these questions, why do people
prosper or succeed in life? Why do others commit certain crimes while others don’t?
Criminologists have spent time analyzing these questions all day in and out and there
have been numerous theories. But Cloward and Ohlin believes that opportunities play a
very strong role in juvenile delinquency as lack of money causes strain. If juveniles have
more chances to succeed, then they would be less likely to turn to subculture groups for
justification more over the differential opportunity theory considers the fact that, there
can be other conditions besides social factors that add to a juvenile's delinquency.

Cloward and Ohlin's theory believes that the juvenile may be successful throughout
school but may fail to find profitable work or honest job. The failure to find gainful work
can lead the juvenile to be delinquent and not the social factors. The differential
opportunity theory varies from the subculture theory because there are many reasons
other than social factors that can lead a juvenile to be delinquent. If the juvenile has
more opportunities, they will be more eager to succeed than to join a subculture. This
theory was developed by Richard Cloward and Lloyd Ohlin in the year 1960

Risk factors of Delinquency

Research has made it known to us that the following are some rick factors that correlate
to the onset of juvenile delinquency:

 Individual risk factors: This factor takes about those who are feed up with
individual development and personality. It’s likely associated with substance
abuse, poor school performance and risk-taking behaviors. Juvenile offenders
demonstration aggression, antisocial behavior, hyperactivity low IQ and
emotional factors such as mental health challenges.
 School and community-based risk factors: Those happen to be within the
environment of the juvenile, like gangs, delinquent peers, disorganized
communities, severe school punishment, disorganized neighborhoods etc.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 12
  Family Risk Factors: this factor is special to parent-child dynamics and
interactions within the home. These can include poverty, child maltreatment,
family violence, poor parenting or supervision, home discord, divorce,
antisocial parents, harsh discipline, aggressive parents, broken homes, and
large family sizes.
 Peer risk factors: this when their own friends or group of people rejects them
and association with peers who break the law and get into trouble. Having a
delinquent group of people together is the strongest risk factor for delinquency
during the pre-teen years.

Institutional corrections for juvenile delinquents

The history juvenile justice in the United Sates in the 1800s, during the colonial period.
The juvenile justice system was set by the government to change demographics in
cities, the government was practicing the concept of ‘parens patriae’ through the court.
Refuge was built in 1825 called the New York House of refuge until 1890s when
individual states started building rehabilitating centers this made the justice system to
take the responsibility to recover the lives of the young offenders before they were
absorbed into criminal activities. The childcare responsibility was been applied by states
to give juveniles the chance to return to their former condition. Juvenile were tried in
juvenile courts by the year 1967, which means children under the age of 18.

Prior to the 20th century, there was one justice system for adults and juveniles and little
difference in terms of sentencing, punishment and treatment options. Base on
evolutions research and increasing rate of delinquency, two separate justices were
formed and that is:

Private facilities: This is a non-profit or for-profit private organization. They are

accountable for half of all juvenile facilities and about a third of the juveniles in the
system, due to their size. Their goal is to provide a safe environment that emphasizes
rehabilitative facilities. Private facilities are usually secure and at the same time can be
non-secure; hence juveniles have access to their communities, schools and homes.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 13
Examples of private facilities include diagnostic centers, private reception facilities,
ranches and camps, group homes, shelters and residential treatment facilities.

Public facilities: funded by the Government and operated states-institutions. They are
not that much in the system. However, they house a greater percentage of the juvenile
population, with the immunity of detention centers, public facilities are intended for
juveniles who have violent offenses, felony-level. Examples of public facilities include
detention and diagnostic centers, long-term secure facilities, public reception facilities,
and training academies.

OJJDP (Office of Juvenile Justice and Delinquency Prevention): There are many
different justice agencies which the United States Department of Justice oversees. One
of these is the Office of Juvenile Justice and Delinquency Prevention (OJJDP). This
federal office helps states and communities develop and use programs that are
considered to benefit juveniles. Such as prevent juveniles from committing crimes, and
also prevent juveniles from being the victims of crime.

In 1974 OJJDP was created in response to the Juvenile Justice and Delinquency
Prevention Act, or JJDP. This federal law provided funds to states that follow certain
federal protections for juveniles. The protections are to ensure the appropriate care and
treatment of juveniles in the justice system. For example, the Act wants juvenile
offenders to be jailed in a juvenile facility. In those limited conditions when a juvenile is
jailed in an adult facility, the Act motive is to keep juveniles separate from adults.
Statistics show that, nearly 62,000 juvenile offenders held in facilities on any given day
of 2011. Note that the JJDP has been corrected several times, most recently in 2002.

Roles of OJJDP: The Office of Juvenile Justice and Delinquency Prevention foresee a
nation where young ones are healthy, educated, and free from violence. If they come
into contact with the juvenile justice system, the contact should be rare, fair, and
beneficial to them. These important roles include:

 Providing national guidance and resources to prevent and respond to criminal

behavior by juveniles.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 14
  Supporting states and communities in their efforts to develop and implement
prevention and intervention programs for juveniles.
 Improving the juvenile justice system in order to protect public safety, hold
offenders accountable, and provide treatment and rehabilitative services for
juveniles.
 Providing national guidance and resources to prevent and respond to juvenile
victimization.

Recommendation

I strongly believe that Juvenile crime can easily be handling when stopped at its point of
source. Offenders usually develop the yearning to do so even when their young hence
constituting a very good opportunity to confront the immorality as children are more
flexible and can easily be formed into positive characters. Psychosocial factors also play
a very vital role in juvenile crime as the way people think and live determine the general
social decency of the young generation. Views among different groups of people by the
people themselves are more detrimental to minorities especially when they are
negative. Societies with more visible differences such as races are likely to experience
more rate of juvenile delinquency.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 15
Conclusion

Juvenile delinquency is a serious problem affecting offenders, communities, and all of

society physically, and economically. Each year, millions of juveniles are arrested for
delinquency and even more participate or are at risk of participating in acts of
delinquency. Delinquents face numerous challenges including risk for incarceration,
school drop-out, drug use and an increase in the likelihood of adult criminality (Sherman
et al., 1998). Numerous programs attempt to prevent delinquency and rehabilitate
delinquents, however most fail to produce significant results. Juvenile delinquency has
been an issue of the society since the colonial era. During this period, juvenile offenders
were made to serve the same punishment as an adult.

When the Juvenile Justice System process came up, it sees juvenile delinquency as an
act and not a crime. The Juvenile Justice System is an act by the States to correct
juvenile delinquency. The program can be viewed as a collection of correctional styles
introduced to juvenile offenders in order to solve and prevent certain eventualities from
reoccurring. Throughout generations the rate of delinquency has rocketed, the
government has reformed different laws and amendments to protect the community.
Delinquency has been taken advantage and will remain if the proper action isn't taken
place. If the government has such an authoritative power, why are the numbers still
increasing? The first priority of the government shouldn’t be the safety of community,
but the imprisonment or the captivity of the individuals performing the careless acts.
From the day the juvenile has been given a sentence till the day the sentence has
expired this individual should be given extra attention to.

Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 16
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Juvenile Delinquency Author: Vincent Cann Co-Author: Dr. Julius Kwaku Kattah 17