JUVENILE DELINQUENCY AND JUVENILE JUSTICE AND

WELFARE SYSTEM

JUVENILE- as defined by Merriam Webster as children or young people or a

child who has not reached the age specified by the law.
- came from Latin word “IUVENILIS” which means young, youthful or
“iuvenis” which means young man or belonging to youth, youthful

DELINQUENCY- as defined by Cambridge dictionary is a behavior, especially

when exhibited by a young individual, unlawful or unpopular behavior.
- came from Latin word “DELINQUENTUM” which means to fail; do wrong,
offend

DELINQUENT PERSON- is any person regardless of age, who has a

potentially criminal attitude towards others, the community or legitimate
authorities.

THEORIES OF DELINQUENCY

1. DEMONOLOGICAL THEORY- it was developed in the Middle Ages and

the oldest viewpoint or theory. It was founded on the prehistoric concept
that all things and people are directed by spirits.

- it advocated the idea that people who commit crimes while their
bodies are possessed by evil spirits should not be held accountable for their
deeds.

2. CLASSICAL THEORY- proposed by Cesare Beccaria and Jeremy

Bentham

-it advocated the concept that people choose criminality in the same
way they choose conformity, and that young people commit crimes
because they believe that they may achieve more good through
conformity (compliance). People are hedonistic (pleasure seeker or fun
loving) by nature.

Classicists believed that delinquents and criminals should be punished for

the following reason:

A. General Deterrence: punishing criminals and delinquents will instill

dread (fear) in the minds of bystanders, reducing their propensity to engage in
criminal or delinquent behavior.

B. Specific Deterrence Punishment- will instill dread in the hearts of

wrong doers, reducing their likelihood of offending people again.

C. Incapacitation- is the most basic kind of jurisdiction; wrongdoers

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should be imprisoned because while they are housed in the facility they are
unable to harm others outside of it.

D. Retribution- is a defense against the notion that punishing criminals

will have an positive or constructive effects.

3. POSITIVE or ITALIAN THEORY

-created by Raffaele Garofalo, Enrico Ferri and Cesare Lombroso
-it advocate Determinism means every action has a cause
- the scientific method according to positivist might be used to
determine the root cause of juvenile misbehavior . The particular offender
maybe treated or rehabilitated after the reasons were identified
- positive theory attributes biological, psychological and social causes of
criminality

4. CRITICAL THEORY- is seen by critical criminologists and sociologists as a

by-product of current social structures wherein the exploration and clarification
of the nature of juvenile delinquency is guided by the notions (desire) of
power, influence, inequality and conflict.
- criminal conduct may therefore represent the consensual reality held
by strong individuals, since powerful people intentionally or subconsciously
construct laws that benefit their lifestyle. On the other hand, those who lack
power have extremely limited possibilities to voice their social and political
opinions. Thus they seek to perform major activities that powerful people view
as a crime or delinquent behavior in order to protest or indicate unhappiness
with the policies imposed by strong people.

II. BIOLOGICAL THEORIES

- criminal conduct is caused by biological or genetic abnormality in
the person.
A. Lombrosian Theory - it was developed by Dr Cesare Lombroso
(Father of Criminology) who is credited with founding the modern criminology
and served as prison doctor in Turin, Italy.
-suggests that criminality is inherited and that someone “born
criminal” could be identified by the way they look.
- criminal frequently exhibit a number of stigmata, or identifying
physical traits such as symmetrical features, enormous jaws, gigantic or
protruding ears and receding chins.
- criminals are atavistic people (resembled primitive people) with
distinct personalities and mindsets. Due to their antiquated mindset, they can’t
adopt to modern culture
- criminal might be classifies as inherent, epileptic or insane
- Born criminals have odd physical attributes such as inability to feel pain, a
lack of morals, including sorrow and repentance as well as other
characteristics such as physical slang or argot, a tendency to use visuals to
explain thoughts and strong tattooing habit.

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CRITICS ON LOMBROSO’S THEORY
- it was mainly based on his research on criminals
- he didn't carry out research on the personality of non-offenders
-there can thus no meaningful comparison between the physical
distinction between criminals and non-criminals
- additionally, there is no such thing as physical inclined criminal

2. GENERAL INFERIORITY/ HOOTON’S THEORY (Ernest Hooton)

- because criminals were initially lower-class human beings, crime is
the product of the environments influence on them.
- there are crimes because there are some low-class individuals who
commit them
- men with average builds have propensity for breaking the law since
criminal behavior is characterless like physical appearance.
- criminals should be permanently sent to autonomous areas, secluded
from society and sterelized to prevent procreation.

3. WILLIAM SHELDON’s THEORY (Somatotyping Theory)- the

classifying of people into types according to body build.

A. Endomorphs- people that are often chubby, rounded, an soft with

short arms and legs

B. Mesomorphs- people with strong, athletic bodies and assertive,

aggressive personalities. Delinquency exists because mesomorphics guys or
young people are the one produce it.

C. Ectomorphs- person who are generally thin and have brittle, lean

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bodies.

4. GENETIC THEORY
- People with aberrant genetic make-up or chromosomal abnormalities
are more likely to commit crimes and in delinquent behavior.
- Genetic material (genes) is transmitted through DNA.
- Men with extra Y chromosomes (Jacobs syndrome) who are taller
and have a 10 or 20% higher inclination to break the law than genetically
normal XY guys, are aggressive and hence more likely to commit crimes.

III. PSYCHOLOGICAL THEORIES

- delinquency is the outcome of underlying, internal disorders
- this disorders start in childhood and often stick around as permanent
traits of the person

PSYCHOGENE THEORIES
-views that attribute criminality is childhood impulses rather than
environment in which the child grows up.
-Psychogenics believe that it is easier to change a person than it. is to
change an environment

1. FREUDAN PSYCHOANALYTIC THEORY

- promoted by Sigmund Freud (Father of Psychoanalysis), the
thought that humans go through several stages of development. Conflict is
more prone to arise when irregularities take place
- Conflict is cause n push events that generate conflict into their
unconscious mind because it hurts to deal with them.

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4 ELEMENTS IN FREUD THEORY
1. Human nature is by its nature antisocial. Ever infant has a set pf primal
anti-social inclinations known as the ID, according to Freud.
2. Effective socializing is the key to developing good conduct. Socialization
teaches the youngster how to exercise self-control.
3. Early infancy is where human personalties enduring traits are formed. All of
the fundamental components of a child’s adult personality have fully formed
by the time they are five years old.
4. A weak superego is the cause of criminal behavior.

3 PARTS OF HUMAN PSYCHE (personality)

1. ID- is the part of the personality that is unconscious and is predominated
by the desire (cravings) for pleasure as well as innate sexual and violent
urges. Unchecked, it could kill the individual.
2. EGO- the reasoning side of the personality, the ego, develops from the
ID. It represents personality traits related to problem-solving or operates in
conscious mind
3. SUPEREGO- develops from ego. It is a representation of the persons
learned morals, standards and values. As a result, it is to blame for feelings of
shame and guilt.Operates both unconsciously and consciously.

A person is considered mentally healthy if all of the components of their

personality work together harmoniously. The person is maladjusted and there
is great likelihood that he will perform criminal acts when parts are at odds.

In Freudian theory, the human mind is structured into two main parts:
the conscious and unconscious mind.

 The conscious mind includes all the things we are aware of or can
easily bring into awareness.
 The unconscious mind, on the other hand, includes all of the things
outside of our awareness—all of the wishes, desires, hopes, urges,
and memories that we aren't aware of yet continue to influence
behavior.

 The id is the most primitive part of the personality that is the source of
all our most basic urges. The id is entirely unconscious and serves as
the source of all libidinal energy (seeking in pleasure, sexual urges or
encompass the seeking of pleasure in general)
 The ego is the component of personality that deals with reality and
helps ensure that the demands of the id are satisfied in ways that are
realistic, safe, and socially acceptable.
 The superego is the part of the personality that holds all of the
internalized morals and standards that we acquire from our parents,
family, and society at large.

2. The Low- IQ Theory:

- people with low IQ are readily duped into breaching the law by the
cunning of more intelligent ones.people with low IQ are unable to understand

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why committing crimes in particular method frequently results in being
detected and receiving punishment in the end.
- critics of this idea claim the low IQs just increase the likelihood of
being caught, not that they cause greater rates of delinquency per se.

3. Attention-Deficit Hyperactivity Theory

-Juvenile delinquency is caused by immaturity and hyperactivity. Grade
schoolers usually experience attention-deficit hyperactivity disorder, which is
characterized by:
A. Short attention span-when someone has trouble focusing on a single thing
for a long time
B. Daydreaming
C. Sluggishness- the state of moving, reacting, or working more slowly than
normal, or with less energy
D. Préoccupation- an idea or subject that someone thinks about most of the
time:
E. Impulsiveness- the tendency to act without thinking, or based on sudden
desires or emotions

4.Frustration-Aggression Theory
- According to this theory, aggressors are usually the ones who are
initially irritated before they behave forcefully
- The act of becoming frustrated is a reaction to expectation or goals
that have been set. When someone sees one of their goals blocked, it grows
Unmet expectations and hopes are involved. It is a failure of aims and goals
rather that a sensation or emotions. As anger results from frustration,
aggressiveness is more likely to occur.
- aggression is conducted with the intention of hurting or causing harm
to someone, something or some item.

IV. SOCIAL CLASS THEORIES

1. Social Disorganization Theory

 Early in the 20th century, sociologist Cifford Shaw and Henry Mckay
identified this hypothesis.
 Disorganized areas are unable to exert social control over acting- out
youth. It characterized by high level of change, fear, instability,
incivility, poverty and deterioration, as a result these elements directly
affect the delinquency rate to those areas.
 Therefore, the quality and atmosphere of the community that teenagers
are made to live in, rather than any personal character or feature, are
what lead to delinquency.

2. Anomie Theory
 According to Emilie Durkheim, normlessness by rapidly shifting moral
standards and is known anomie (lack of norm). When certain goals
cannot be achieved using available techniques, this occurs.
 Anomie is a state when social norms have crumbled and no longer
control how members of society act.

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3. Strain Theory
 The argument that certain classes are denied legitimate access to
opportunities and objectives that are culturally set, and the ensuing
dissatisfaction leads to illegal behaviors or rejection of society’s goal.
 Sociologist Robert Merton stated that while most individuals share similar
ideals and aspirations, the pathways to genuine economic and social
achievement are stratified according to socioeconomic status.
 Therefore, these teenagers may either reject socially acceptable
objectives or replace deviant techniques to obtain their goals.

SOURCES OF STRAIN ACCORDING TO ROBERT AGNEW

 a. Strain/stress brought on by not achieving goals that are highly desired.
 b. Tension brought on by expectations and performance being at odds
 c. Strain is defined as the loss of stimuli that an individual values highly.
 d. Strain as the delivery of unfavorable stimuli.

4. Differential Opportunity Theory

 According to Richard Cloward and Lloyd Ohlin, delinquent
subcultures thrive in the lower classes and adopt certain forms, ensuring
that the resources needed for both legal and illegal achievement are fairly
dispersed.
 They claimed that the varieties of criminal subcultures vary depending on
the environment in which they emerge. They claimed that the level of
integration to the community had an impact on the various delinquent
behaviors.

3 TYPES OF DELINQUENT GANGS ACCORDING TO CLOWARD AND

OHLIN
A. The CRIMINAL GANG- a strong relationship between illegal and
legal Companies causes the criminal gang to arise in regions where traditional
and non-conventional ideals of conduct are merged. The gangs that come
after this category are less stable. Older criminals act as role models and
impart to the young the required criminal abilities.

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B. The CONFLICT/VIOLENT- is unstable and disorganized and it lacks
criminal structure as a result of its instability. This gang seeks to establish a
reputation for violence that is damaging

C. The RETREATIST Gang- has used both legal and illegal method
to achieve their goals without success. Members tend to withdraw into world
of sex, drugs and alcohol since they are recognized as double failures.

5. Class Conflict Theory

 According to Richard Quinney and William Chambliss. Conflict theory is
predicated on the notion that the underlying causes of crime are the social
and economic forces at work in society
 The criminal justice establishment aims at imposing standards of morality
and good behavior created by the powerful on the entirety of society, and
it is believed that the CJS and criminal operate on behalf of wealthy and
powerful social elites, with the policies that result being directed at
controlling the poor.
 The goal is to distinguish the wealthy from those who would steal from
others and defend themselves from physical form.
 The legal rights of those in poverty could be disregarded in the process.
The middle class is co-opted. They support the elites rather than the
underprivileged in the hopes of one day becoming wealthy by upholding
the status quo.

6. Differential Oppression Theory

 According to Hewitt and Robert Regoli much significant adolescent
criminality is a result of adults oppressing children, especially in the
framework of the homes
 There is a strong correlation between child maltreatment and both major
and mild delinquency as well as other problematic behavior.
 Seems to imply that the oppression or abuse of children creates a social,
if not legal, justification for their criminality.
 It contends that adults perceptions of children push young people into
socially created, inferior roles, such as the “juvenile delinquency” position
that divides young offenders from adult offenders for the sake of treatment
and control. While acknowledging the causes of oppression, advocates
contend that the principles of differential oppression theory offer the
rationale for holding young people accused of major delinquency
accountable for their crimes.
 Maintaining the institutionalizing inequality seen in the juvenile justice
system’s uneven treatment of children and failing to adequately punish
criminals undermines the child’s humanity.

INTERPERSONAL SITUATIONAL THEORIES

1. Differential Association Theory

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 According to this theory, kids will turn into delinquents if they acquire
meanings that are more advantageous to breaking the law than to
following it inside the group being presented by Edward H. Sutherland.

2. Social Learning Theory

 People learn to behave through observation, either directly through close
relationships with others or indirectly through the media. Reputable
interactions are imitated, whereas punishable ones are shunned (rejected
or ignored)
 Children who grow up in homes where violence is the norm may come to
feel that such conduct is both reward- giving and appropriate.
 Even if parents warn their kids against violence and discipline them when
they do,the kids will nonetheless imitate the violence they see from their
parents.
 Since the kids views physical punishment as the usual in disagreement
with others, the family may act as a training ground for violence.

SITUATIONAL THEORIES

1. Drift Theory ( Neutralization Theory)

 It suggest that young people feel morally obligated to obey the law. Most
of the time, a person is stuck in this situation between themselves and the
law. In the absence of it, criminals may stray (wander off)
 According to David Matza and Gresham Sykes, criminals have values
that are comparable to those of law-abiding individuals, but they develop
strategies that allow them to negate such values and vacillate(undecided)
between righteous and criminal activity
 Drift is aprocess through which a person shifts from one behavioral
extreme to another, occasionally acting in an outlandish (unfamiliar) way
and other times restrained. Skyes and Matza also contend that when
young people behave in ways that go against social norms and rules, they
create a unique set of excuses for doing so.
 These neutralizing strategies enable young people to stray from the
norms of society and engage in criminal activity. While majority of
adolescents conform to social norms, they mastered these strategies to
momentarily free themselves from moral restraints.

WHAT ARE THE TECHNIQUES OF NEUTRALIZATION?

1. Denying one’s involvement
2. Denying the injury
3. Denying the victim
4. The condemners’ condemnation
5. Invoke greater allegiance

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SOCIETAL REACTION AND CONTROL THEORIES

1. Labeling Theory
 Developed by Howard Becker, young people may break the law for a
number of reasons, such as strained family relationships, peer pressure,
psychiatric abnormalities, and pro-delinquent learning experiences.
 No matter what led to a person’s delinquent behavior being discovered,
offenders will be given a bad reputation that might accompany them for
the rest of their lives.
 These delinquents range from “junkie” to “troublemaker”, “juvenile
delinquent”, “mentally ill” and more.

CONTROL THEORIES

1. Social Control Theory

 According to Travis Hirachi’s idea, individuals inside society develop
relationship with other individuals within the community or institution such
as parents, professional friends, churches, schools, teachers and sports
team.
 The majority of people are brought up to respect and believe in the law,
which contributes to the formation of bonds and affection between
children and important adults in their lives, commitment to social norms of
behavior and success in term of values like getting good education, a
good job, and success, participation in activities.

2. Self- Derogation Theory

 In accordance with Howard Kaplan’s self-derogation theory, interaction
with our family, school and classmates that undermine our sense of self
will lessen all drive to increase our self-esteem and motivation to fit in.
These relationship and acts could be ether self-defeating or self-
enhancing.

3. Interactional Theory
 the underlying root of delinquency, according to Terence Thornberry’s
thesis, is the erosion of a child’s social bonds
 The changing nature of connections thoughout the course of a person’s
life was investigated by interactional theory. It highlighted hoe many of the
factors considered to explain delinquency are mutually exclusive.

4. Self-Control Theory
 It makes the case that deviation results form a local of self-control rather
than from the presence of certain forces or causes like poverty, anomie
and chances for deviance, as well as from having delinquent friends and
being exposed to definitions that support deviance, etc.
 it disapproves the ideas that deviation can be learnt and that it just stems
from a person’s failure to successfully manage their urges.

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FACTORS AFFECTING THE DEVELOPMENT OF JUVENILE
DELINQUENCY

1. FAMILY
 The molding of the character of the child starts at the home.
Consequently, every member of the family should strive to make the
home a wholesome and harmonious place as its atmosphere and
conditions will greatly influence the child's development. It is said that the
home is considered as the “cradle of human personality” for in it the child
forms fundamental attitudes and habits that endure throughout his life.

 FAMILY FACTORS THAT AFFECT JUVENILE DELINQUENCY

DEVELOPMENT

1. Separation of the parents of a dysfuntional family

2. Family abandonment
3. Both parents are employed
4. Paternal disapproval
5. Home with just one parent
6. Absence of parental supervision
7. Familial dislocation/displacement
8. Low income of parents
9. Teenage pregnancy
10. Latch- key children- a child who is left home alone or without supervision
for part of the day, often due to working parents. The term "latchkey"
refers to the key a child needs to get into an empty house

 FAMILY STRUCTURE

1. Family Size- children receive less parental attention from parents in

larger families.
- the number of brothers in the family was shown to be associated with
delinquency, but not numbers of sisters.
- they did badly in school and do poorly in school and have low IQ
ratings.

2. Family Birth Order by Child- affects delinquency with middle children

more likely to engage in delinquent behavior than the first and last
children.
- the first child benefits from the parents attention and love, while the
last from their knowledge of child rearing and the presence of older siblings
who can serve as role models.

 RELATIONS BETWEEN PARENTS AND CHILDREN

1. Family Rejection- may result to lose one or both of their parents due to
abandonment, passing away, divorce or government interventions.
- a youngster who is separated from his mother experiences the
following stages:

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a. Protest- by crying and yelling for her mother, acting terrified, clinging to
her during visits
b. Despair- after a few days, the child withdrawn and start sucking their
thumb.
c. Detachment- loss interest in parents and disregard for their presence are
examples of detachment.

2. Discipline in the Home- parents discipline aggressively and issue

numerous directives wherein discipline is a determining factor since
parents are typically behaving kids can make their kids behave worse by
just giving them additional demands.

 EXAMPLES OF FAMILY MODEL

1. The Corporate Model- Chief Executive Officer is the father. The mother
serves as the operational officer, putting the fathers’ policy into practice
and supervising the staff (kids) who are given privileges and duties
according to their seniority. In a business, the father is the one who
makes the most money and has the final say. Intimacy is linked to the
desire for profit.
2. The Team Model- due to their ongoing performance anxiety, the kids
follow the rules and use conformity calisthenics to stay in shape. The
father acts as the leader, the mother serves as the head of the training
table and the team’s cheerleader. In the team family. Winning is
important. and rivalry is the name of the game.
3. The Military Model- The general is the father. When required, the
mother is expressly is assigned to the nurse corps while doing guard
duty. The kids are the ones who groan. Punishment is instant, and sadism
is referred ti as character development.
4. The Boarding School Model- in the capacity of rector or principal, the
parents is in charge of preparing the children physically and
pschologically for school. As the resident advisor, the mother is
responsible for dealing with emotional issues, illness and bedwetting. The
youngsters are polite scholars, Other than testing and teaching, there is
nothing new that parents can learn.
5. The Theatrical Model- the father both produces and assumes the part of
the parents. The stage manager’s mother also plays the role of the
mother

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