CRIM 5 Ex.
Truancy, running away from home, and
Juvenile Delinquency
•Juvenile crime – denotes various offenses
committed by children or youth.
•The House of Refuge, was founded in New York
0City in 1825.
• delinquency label is of fairly recent coinage.
•Juvenile crime is mentioned as far back as ancient
Sumeria and Hammurabi
•Juvenile offenders first appeared in written form.
•In ancient Britain, children at the age of seven
were tried, convicted, and punished as adults.
•Children were viewed as non-persons until the
1700s
•The first assumption is that life was hard, and you
had to be hard to survive.
•The second assumption is that infant and child
mortality were high.
What Is Juvenile Delinquency?
-Juvenile delinquency is a criminal or antisocial
behavior of children and youth.
-usually considered in need of treatment,
rehabilitation, or discipline.
What Is Juvenile?
-While no law explicitly defines “childhood”,
-The practice of exempting children from legal
responsibility for deviant behavior has been widely
followed.
-common law exempts children under the age of
seven from the criminal courts because they lack
“mens rea” or criminal intent.
-juvenile referred to any person under the legal age
of majority.
What Is Delinquency?
-criminal behavior, especially that carried out by a
juvenile.
Concepts Of Juvenile Delinquency
1. Delinquency And Parens Patriae
-the current treatment of juvenile delinquents is a
by product of developing national consciousness.
2. Legal Status Of Delinquency
- refers to a minor child who has been found to
have violated the penal code.
3. Legal Responsibility Of Youth
- juvenile delinquency concepts occupy a legal
status falling somewhere between criminal and civil
law.
Types Of Juvenile Offenders
1. Status Offenders
- are those juveniles who commit offenses that, if
committed by adults, would not be considered
crimes.
violating curfew.
2. Juvenile Delinquents
- the label “delinquent” applied, regardless of the
seriousness or non seriousness of the offenses
committed.
Psychological Characteristics Of Delinquents
1. Personality And Delinquency
-Personality can be defined as the reasonably
stable patterns of behavior, including thoughts and
emotions that distinguish one person from another.
- Delinquents maintain a distinct personality.
2. Intelligence And Delinquency
- Psychologists have long been concerned with
the development of intelligence and its subsequent
relationship to behavior.
Two Competing World Views
1. The Classical World View
- Classical theorist believed that delinquency was
the result of free will.
2. The Positivist World View
- Positivist view theorists, who believe that
delinquent behavior is the result of youths biological
make-up and life experiences.
Individual Views Of Delinquency
1. Choice Theory
- The first formal explanation of crime and
delinquency held that human behavior was a matter
of choice.
2. Trait Theory
- A number of delinquency experts believe that
the choice model is incomplete.
3. Biological Theory
- delinquency experts scoffed at the notion that a
youths behavior was controlled by physical
condition present at birth.
4. Psychological Theory
- psychologist point out that many delinquent
youths have poor home life, destructive
relationships with neighbors, friends, and teachers,
and conflicts with authority figures in general.
Sociological Views Of Delinquency
1. Social Structure Theory
-In 1966, sociologist Oscar Lewis coined the
phrase “culture of poverty” to describe the crushing
burden faced by the urban poor.
2. Social Process Theory
- socialization is the process of guiding people
into acceptable behavior patterns through
information, approval, reward, and punishment.
3. Social Reaction Theory
- The way society reacts to individuals and the
way individuals react to society determine behavior.
4. Social Conflict Theory
- Finds that the society is in a constant state of
internal conflict, and different groups strive to
impose their will on others.
Developmental Theories Of Delinquency
1. Social Development Model Theory
-Joseph Weis, Richard Catalano, J. David
Hawkins, and their associates shoe how different
factors affecting childrens social development over
their life course influence their delinquent behavior
patterns.
2. Interactional Theory
- holds that seriously delinquent youth form belief
system that are consistent with their deviant
lifestyle.
3. Age-Graded Theory
- They reanalyzed the data originally collected by
the Gluecks more than forty years back.
Contemporary Development Concepts
1. Age At Onset
- Most life-course theories assume that seed of a
criminal career are planted early in life and that
early onset of deviance styrongly predicts later
criminality.
2. Life Transition
- Developmental theories focus attention on the
chronic or persistent offender.
3. Problem Behavior Syndrome
- Some developmental advocates believe that
delinquency may best be understood as one of
many social problems faced by at risk youth.
4. Pathways To Crime And Delinquency
- Development theorists recognize that career
delinquents may travel more than a single road.
5. Delinquent Trajectories
- In addition to taking different paths to
criminality, people may begin their journey at
different times.
6. Continuity Of Crime Of Delinquency
- The best predictor of future criminality is past
criminality.
CA 2
Non-institutional corrections
•Non-institutional corrections
- refer to that method of correcting sentenced
offenders without having to go to prison.
•Katarungang Pambarangay
-takes charge of all disputes between and among
parties residing in the same village, city or
municipality which are punishable by imprisonment
not exceeding one (1) year or a fine not exceeding
P5,000.00.
•Lupong Tagapamayapa
-carries out the functions of the Katarungang
Pambarangay.
•Executive Clemency
-Shall refer to Absolute Pardon, Conditional
Pardon with or without parole conditions and
Commutation Of Sentence as may be granted by
the president of the Phillipines upon the
recommendation of the Board of Pardons and
Parole.
•The Board of Pardons and Parole is the agency
in charge with the release of sentenced prisoners
based on modes specified by law.
•Section 4 of Act No. 4103 (Indeterminate
Sentence Law)
•Executive Order No. 292, Series Of 1987 (The
Administrative Code Of 1987)
•BPP – Board of Pardons and Parole
•Pardon – a form of executive clemency granted by
the President of the Philippines as a privilege
extended to a convict as a discretionary act of
grace.
Two Kinds Of Pardon In The Philippines
1. Absolute Pardon
– has no condition attached to it
- granted upon the recommendation of the Board of
Pardons and Parole to the President through the
Secretary of Justice.
-refers to the total extinction of the criminal liability
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
-A special form of pardon exercised by the
President of the Republic is amnesty.
-a general pardon extended to a certain class of
people who are usually political offenders.
-amnesty can be granted before or after conviction
by the courts
-The purpose of amnesty is to hasten a country’s
return to political normalcy.
-Amnesty is for the crimes of Rebellion, Sedition,
Illegal Association, Assault, Resistance To
Persons In Authority And Illegal Possession Of
Firearms.
•HUKBALAHAP – Hukbo ng bayan laban sa
hapon.
•PKM – Pambansang kaisahan ng mga
Magbubukid.
•Reprieve
– another prerogative exercised by the President of
the Philippines.
-it is applied to death sentences already affirmed by
the Supreme Court.
-the temporary stay of the execution of a sentence.
-extended to death penalty prisoners.
•Commutation Of Sentence
-refer to the reduction of the duration of a prison
sentence.
-another prerogative of the President.
-it is an act of clemency by which a heavier or
longer sentence is reduced to a lighter or shorter
term.
-does not forgive the offender but merely reduces
the penalty of life imprisonment or death sentence
for a term of years.
-resorted to because the law prescribe uniform
punishment for crimes regardless of how serious or
how light the offense committed is.
CDI 3
Specialized Crime Investigation
•Crime – is an act or commission of an act that is
forbidden or the omission of a duty that is
commanded
•Felonies (delitos)
•means of deceit (dolo)
•means of fault (culpa)
Three Types Of Crimes
1. Crimes Against The Person – are crimes that
are directed to an individual person’s body, honor,
and life.
2. Crimes Against Property – are crimes that are
directed to a person’s belongings, intellectual
properties and money.
3.Crimes Against Society – are directed to the
community’s moral code and values.
Ex. Gambling, Prostitution, And Drug Violations
•Act No. 3815 (Revised Penal Code Of The
Philippines)
-considered as one of the Philippines most
enduring pieces of legislation
-the basic law that defines criminal offenses and
provides the penalties for the commission of those
offenses.
What is special law?
-Contains antiquated provisions and it has a largely
been ineffective in addressing organized crime,
transnational crime, cybercrime and such other
emergent criminal activities that proliferate today.
•Special Crimes
-Carnapping
-Cybercrimes
-Drug Trafficking
-Gunrunning
-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