Modules in Juvenile Delinquency and Juvenile Justice System       Maria Ivy Giray-Gacosta, RCrim.
Module 2: Concept and Factors which                           2
                                      Causes Juvenile Delinquency
            Overview:          ;
        This Instructional Material is intended primarily for criminology students enrolled in the
subject Juvenile Delinquency and Juvenile Justice System. Emphasis is placed on               Juvenile
Delinquency, (a) Glance of Philippine Juvenile Delinquency ;(b) Risk Factor and Factors
Which Causes Juvenile Delinquency which are composed of (a) Family; (b) Environment and
(c) School.
         The State of Juvenile Delinquency in the Philippines is a collection of state and local
court-based systems whose purpose is to respond to young people who come into contact
with law enforcement and are accused of breaking the law. .However, a juvenile or youthful
offender refers to one who is over 9 years of age but under 21 years of age at the time of the
commission of the offense. Republic Act 9344 or the Juvenile Justice Law of 2006 sets the
minimum age of criminal liability at 15 years old. This means that those between 15 to 18
years old may be detained in youth centers and go through rehabilitation programs. Juvenile
delinquency is important because it is one of society's values. When a child or young adult
commits a crime, they need to be punished for it so they learn their lesson and the will not do
it again. Thus, this modules helps the Criminology students, learned the            different factors
which can cause a juvenile delinquent.
            Learning Objectives:
   1.       Be acquainted with the concept of Juvenile Delinquency and Identify risk factor in
         Juvenile Delinquency;
   2. Identify the Factors Which Causes Juvenile Delinquency;
   3. Identify the factors brought by environment causes juvenile delinquency;
   4. Identify the factors brought by School that causes juvenile delinquency.
        1   Instructional Materials in Juvenile Delinquency and Juvenile Justice System
            Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
            Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System       Maria Ivy Giray-Gacosta, RCrim.
1.1 Juvenile Delinquency (A Glance of Philippine Juvenile Delinquency)
                                      “The State recognizes the vital role of the youth in
                                      nation- building and shall promote and protect their
                                      physical, moral, spiritual, intellectual, and social being.
                                      It shall inculcate in the youth patriotism and
                                      nationalism, and encourage their involvement in public
                                      and      civic    affairs     (Art.    II,    Section    13,
                                      Phil.Constitution).’’
          The context of the fundamental law has clearly stated the indispensable role of the
youth towards a healthier development of our country. The 1987 constitutional commission
however, put an intense care and value to the hopes of our fatherland commanding the state
to shield the interest of young men and not to consent them in becoming a menace of the
society. The concept of delinquency, as well as special trials and institutions for confining
and controlling youth, was established in the mid-19th century in Great Britain, where courts
acquired the authority to intervene as Parens Patriae (Latin: “parent of the land”) to protect
the property rights of children.
            The problems of street children and juvenile delinquents are much related social
problems. To survive in the street, you almost have to become delinquent. Exposed to
criminal elements, these children are vulnerable to prostitution, drug addiction and pushing
and commission of crimes. Most street children have become juvenile delinquents either out
of necessity (because they are poor) or through force (because of the syndicates).
          A large problem arose from the treatment accorded to the juveniles when they were
placed in jails. Most juvenile delinquents were not segregated from the hardened adult
criminals in the biggest jails in the Philippines, such as in the Muntinlupa jail outside Manila,
so that after their release they went back in the street with more knowledge of crime. This
severely hampered the social integration of the youth offenders after they left prison. Chances
were high that these young offenders would become chronic delinquents and eventually
hardened criminals.
      2    Instructional Materials in Juvenile Delinquency and Juvenile Justice System
           Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
           Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System       Maria Ivy Giray-Gacosta, RCrim.
Juvenile Delinquency
    Juvenile delinquency refers to criminal acts performed by juveniles. Most legal
          systems prescribe specific procedures for dealing with juveniles, such as juvenile
          detention centers. Youth crime is an aspect of crime which receives great attention
          from the news media and politicians (Cortes & Gatti, 1972).
Delinquent
    A juvenile is one who repeatedly commits crime; however these juvenile delinquents
          could most likely have mental disorders/behavioral issues such as schizophrenia, post-
          traumatic stress or bipolar disorder (Cortes & Gatti,1972).
Deviant Behavior
    Deviant behavior refers to a behavior that does not conform to norms. These are
          behaviors that in some ways do not meet with the expectations of a group or society
          as a whole.
          The Following May Help Us Understand our Consideration of What Deviant
          Behavior is:
          1. In terms of Time
                       The meaning of deviance changes through the years. For example, it was
                        socially unacceptable to see girls drinking beer or teenagers and women
                        smoking. All these are not heavily considered now as deviant behaviors.
          2. In terms of Place or Geography
                       Being deviant varies according to geographic area. Open prostitution as an
                        example is deviant in the Philippines but not in some countries. Some
                        countries have open “red light districts’’ were customers can have their
                        choice (Saquilayan, et. al,2011).
 Juvenile Delinquency as a Male Phenomenon
    Youth crime is disproportionately committed by young men. Feminist theorists and
          others have examined why this is the case. One suggestion is that ideas of masculinity
          may make young men more likely to offend. Being tough, powerful, aggressive,
      3     Instructional Materials in Juvenile Delinquency and Juvenile Justice System
            Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
            Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System        Maria Ivy Giray-Gacosta, RCrim.
         daring and competitive may be a way of young men expressing their masculinity.
         Acting out these deals may make young men more likely to engage in antisocial and
         criminal behavior.
1.2 Individual Risk Factors
    Individual psychological or behavioral risk factors that may make offending more offending
         more likely include intelligence, impulsiveness or the inability to delay gratification,
         aggression, empathy, and restlessness.
    Children with low intelligence are likely to do worse in school. This may increase the
         chances of offending because low educational attainment, a low attachment to school, and
         low educational aspirations are all risk factors for offending in themselves. Children who
         perform poorly at school are also more likely to truant, which is also linked to offending in
         themselves (Farrington: 2022)
Gang
    The gang is frequently associated with groups in socially disorganized and deteriorated inner-
         city neighborhoods. It is apply 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.
Frederic Thraser
    In 1927, he study the of more than 1, 300 delinquent gangs in Chicago, note that while no two
         gangs are exactly alike, delinquent gangs do possess a number of qualities that set them apart
         from other social groups.
1950’s
    The gang was broadly defined as friendship group of adolescents who share common interest,
         with a more or less clearly define territory, in which most of the members live. They are
         committed to defending one another, the territory, and the gang name in the status-settings
         fight occur in school and in the streets.
Youth Gang
    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.
       4 Instructional Materials in Juvenile Delinquency and Juvenile Justice System
          Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
          Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System          Maria Ivy Giray-Gacosta, RCrim.
          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 gang’s very close, tight-knit organizations with loyal members bound
                      to one another by mutual friendship and common interests.
 Gang Suppression
    Suppression could be attained through the use of laws that will allow authorities to charge
          gang youths with basic criminal offenses against persons, property, and public order crimes.
1.3 Factors Which Causes Juvenile Delinquency
                Many theories concerning the causes of juvenile crime center either on the individual or
          on society as the major contributing influence. Theories focusing on the individual suggest
          that children engage in criminal behavior because they were not suitably penalized for prior
          delinquent acts or that they have learned criminal behavior through interaction with others.
                   A person who becomes socially estranged may be more prone to a commit criminal
          act. Theories focusing on the role of society in juvenile delinquency propose that children
          Commit crimes in reaction to their failure to rise above their socioeconomic status, or as a
          repudiation of meddle-class values. Most theories of juvenile delinquency have focused
          On children from disadvantaged families, ignoring the fact that children from well off homes
          Also commit crimes. The latter may commit crimes because of the lack of sufficient parental
          control, delays in achieving adult status, and hedonistic tendencies. All theories, however,
          Are uncertain and is subject to evaluation.
      5     Instructional Materials in Juvenile Delinquency and Juvenile Justice System
            Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
            Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System           Maria Ivy Giray-Gacosta, RCrim.
    A. FAMILY
             The basic unit of society, whose main responsibility is to provide the basic necessities
                 of the child as well as to give emotional, spiritual, moral, intellectual and social basic
                 to its members particularly the children and the primary social agency tasked with the
                 significant task of rearing the youth.
                 The Ideal Criteria for Normal Home Include the Following:
*Structural completeness
*Economic Security
*Cultural conformity
*Moral conformity
*Physical and Psychological normality
*Functional or emotional adequacy
                        The Factors which may lead to Juvenile Delinquency
*Faulty development of the child
*Lack of parental guidance
*Parental rejection
*Broken homes
*Lack of love
*Unfair treatment
*Too harsh discipline by either or both of the parents
*Too lenient discipline by either or both of the parents
*Parent’s indifference to their child
1.4 LEGAL BASIS FOR PARENTAL AUTHORITY (Art. 17-22, P.D. 603)
    a. Joint Parental Authority
                                                           The father and mother shall exercise jointly
                                           just and             reasonable parental authority and
                                           responsibility over their legitimate or adopted children.
                                           In case of disagreement, the father’s decision shall
                                           prevail unless there is a judicial order to the contrary.
                                           In case of the absence or death of their parent, the
    present or surviving parent shall continue to exercise parental authority over such
      6    Instructional Materials in Juvenile Delinquency and Juvenile Justice System
           Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
           Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System     Maria Ivy Giray-Gacosta, RCrim.
   children, unless in case of the surviving parent’s remarriage, the court, for justifiable
   reasons, appoints another person as guardian. In case of separation of his parents, no child
   under five years of age shall be separated from his mother unless the court finds
   compelling reasons to do so. (Art. 17, PD 603)
   b. Grandparents
            Shall be consulted on important family questions but they shall not interfere in
               the exercise of parental authority by the parents. (Art 18, PD 603)
   c. Absence or Death of Parents
            Grandparents and in their default, the oldest brother or sister who is at least
               eighteen years of age, or the relative who has actual custody of the child, shall
               exercise parental authority in case of absence or death of both parents, unless a
               guardian has been appointed in accordance with the succeeding provision. (Art
               19)
   d. Guardian
                                                            The court may, upon the death of the
                                                  parents and in the case mentioned in Arts.
                                                  328 to 332 of the Civil Code, appoint a
                                                  guardian for the person and property of the
                                                  child, on petition of any relative or friend of
                                                  the family or the Department of Social
                                                  Welfare. (Art. 20)
   e. Dependent, Abandoned or Neglected Child
                                      The dependent, abandoned or neglected child shall be
                                      under the parental authority of a suitable or accredited
                                      person or institution that is caring for him as provided for
      7   Instructional Materials in Juvenile Delinquency and Juvenile Justice System
          Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
          Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System       Maria Ivy Giray-Gacosta, RCrim.
under the four preceding articles, after the child has been declared abandoned by either the
court or the Department of Social Welfare. ( Art. 21)
   f. Transfer to the Department of Social Welfare
               The dependent, abandoned or neglected child may be transferred to the care of
                  the Department of Social Welfare or a duly licensed child – caring institution
                  or individual in accordance with Articles 142 and 154 of this code, or upon the
                  request of the person or institution exercising parental authority over him.
                  From the time of such transfer, the Department of       Social Welfare or the
                  duly licensed child-caring institution or individual shall be considered the
                  guardian of the child for all intents and purposes. (Art. 22)
                          RIGHTS OF PARENTS (Art 43-45, P.D. 603)
   1. Primary Right of Parents – the parents shall have the right to the company of their
          children and, in relation to all other persons or institutions dealing with the child’s
          development, the primary right and obligation to provide for their upbringing.
   2. Rights Under the Civil Code – Parents shall continue to exercise the rights
          mentioned in Articles 316 to 326 of the Civil Code over the person and property of
          the child.
   3. Right to Discipline Child – Parents have the right to discipline the child as may be
          necessary for the formation of his good character, and may therefore require from him
          obedience to just and reasonable rules, suggestions and admonitions.
   B. ENVIRONMENT
                                                                The culture, norms and behavior of
                                                               the child’s surroundings may very
                                                               well influence the upbringing of the
                                                               child especially throughout their
                                                               formative        years   and        such
                                                               misbehaviors learned will definitely
                                                               be carried out until a child’s
                                                               maturity    or     entrance    to    the
      8     Instructional Materials in Juvenile Delinquency and Juvenile Justice System
            Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
            Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System            Maria Ivy Giray-Gacosta, RCrim.
                  adolescent world. Behavior modification by means of imitation as brought
                  about by the environment is as follows:
          *Rampant drug addiction
          *Vices such as gambling and alcoholism
          *Association with criminal groups and gangs
          *Association with criminal groups and gangs
          *Impulse of fear and resentment
          *Crime inducing situations and presence of hazards
          *Attractive nuisances prevalent in the environment
          C. SCHOOL
                                                                Learning institutions are vital to
                                                                proper child development, it represents
                                                                the child’s second home and represents
                                                                the instrument for the training of young
                                                                persons which provide gals, values and
                                                                academic        growth   which   will   be
                                                                necessary to transform the raw mind of
              the child to be able to bring them up as productive, law abiding and responsible
              citizen of the republic.
     Instances of Deviant conduct of Children attributed to the School Inadequacy are
as follows:
           *Truancy
           *Membership in fraternities and sororities
           *Lack of facilities for curricular and extra-curricular activities
           *Failure of mentors in character development of the students
           *Methods being used which create the conditions of frustration and failure on the part
           of students.
           *Corruption
      9     Instructional Materials in Juvenile Delinquency and Juvenile Justice System
            Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
            Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System     Maria Ivy Giray-Gacosta, RCrim.
          Concept Check: No. 2                                                Score:______
  Name:____________________ Yr.& Sec:___________                   Date:______
  Directions: Answer the following questions using your own word, Font size: New Times
  Roman, 12, and 1.5 spacing, observe proper margins and correct usage of grammar.
      1. After reading the concept of juvenile delinquency, and identifying the risk factor of
         Juvenile delinquency, can you give a scenario in your community where the risk factor
         of juvenile delinquency is present? Discussed your answer in paragraph form.
         _________________________________________________________________
         _________________________________________________________________
         ________________________________________.
      2. Identify the factors of juvenile delinquency that is present in your community
         nowadays. Justify your answer.
         _________________________________________________________________
         _________________________________________________________________
         ________________________________________.
      3. Choose two (2) factors brought by environment which causes juvenile delinquency, and
          discussed the causes and effects of such factors, justify your answer by correlating it to
          your community where you resides.
         _________________________________________________________________
          _________________________________________________________________
          ________________________________________.
      4. Which do you think is the most common factors brought by School that can cause the
         child to become delinquent in their actions?
         _________________________________________________________________
         _________________________________________________________________
         ________________________________________.
      5. Despite of pandemic, Juvenile Delinquency were still rampant, this statement is true or
         false? Justify your answer.
         _________________________________________________________________
         _________________________________________________________________
    10    Instructional Materials in Juvenile Delinquency and Juvenile Justice System
          Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
          Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System        Maria Ivy Giray-Gacosta, RCrim.
          ________________________________________.
       FEEDBACK
         Hello there my students! You have already finished Module 2 of our subject. In this module,
you were exposed to several terms and descriptions of Juvenile Delinquency and the risk factors, so
that in return you will gain knowledge and apply those laws in your future profession as
Criminologists.
         Look back at the different concept of Juvenile Delinquency, Do you understand it already? If
not, then we will explore this subject in the next modules. Just be patient in reading the modules and I
know you will get far.
       Congratulations so far!
         SUMMARY
         To aid you in reviewing the concept in this module, here are the highlights:
          Juvenile Delinquency - refers to criminal acts performed by juveniles. Most legal
          systems prescribe specific procedures for dealing with juveniles, such as juvenile
          detention centers.
          Delinquent - is one who repeatedly commits crime; however these juvenile
          delinquents could most likely have mental disorders/behavioral issues such as
          schizophrenia, post-traumatic stress or bipolar disorder (Cortes & Gatti,1972).
          Deviant Behavior - refers to a behavior that does not conform to norms. These are
          behaviors that in some ways do not meet with the expectations of a group or society
          as a whole.
          Gang - is frequently associated with groups in socially disorganized and
    11    Instructional Materials in Juvenile Delinquency and Juvenile Justice System
          Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
          Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System     Maria Ivy Giray-Gacosta, RCrim.
         deteriorated inner-city neighborhoods.
         Frederic Thraser - In 1927, he study the of more than 1, 300 delinquent gangs in
         Chicago, note that while no two gangs are exactly alike, delinquent gangs do
         possess a number of qualities that set them apart from other social groups.
         1950’s - The gang was broadly defined as friendship group of adolescents who
         share common interest, with a more or less clearly define territory, in which most of
         the members live.
         Youth Gang - 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.
         Organization - This states that a gang or gang members has collective goals. It may
         include the Akyat Bahay Gang and the like.
         Leadership - They have leaders that may decide matters related to the organization.
         Turf or Territory - It involves identification and control. Identify places like parks,
         housing projects, or schools to impose their illegal acts.
         Cohesiveness - It refers to gang’s very close, tight-knit organizations with loyal
         members bound to one another by mutual friendship and common interests.
         Family - The basic unit of society, whose main responsibility is to provide the basic
         necessities of the child as well as to give emotional, spiritual, moral, intellectual and
         social basic to its members particularly the children and the primary social agency
         tasked with the significant task of rearing the youth.
         Joint Parental Authority - The father and mother shall exercise jointly just and
         reasonable parental authority and responsibility over their legitimate or adopted
         children.
         Grandparents - Shall be consulted on important family questions but they shall not
         interfere in the exercise of parental authority by the parents. (Art 18, PD 603)
         Absence or Death of Parents - Grandparents and in their default, the oldest brother
         or sister who is at least eighteen years of age, or the relative who has actual custody
         of the child, shall exercise parental authority in case of absence or death of both
         parents, unless a guardian has been appointed in accordance with the succeeding
         provision. (Art 19)
         Guardian - The court may, upon the death of the parents and in the case mentioned
         in Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and property
         of the child, on petition of any relative or friend of the family or the Department of
         Social Welfare. (Art. 20)
    12    Instructional Materials in Juvenile Delinquency and Juvenile Justice System
          Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
          Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System      Maria Ivy Giray-Gacosta, RCrim.
           Dependent, Abandoned or Neglected Child - The dependent, abandoned or
           neglected child shall be under the parental authority of a suitable or accredited
           person or institution that is caring for him as provided for under the four preceding
           articles, after the child has been declared abandoned by either the court or the
           Department of Social Welfare. ( Art. 21)
           Transfer to the Department of Social Welfare - The dependent, abandoned or
           neglected child may be transferred to the care of the Department of Social Welfare
           or a duly licensed child – caring institution or individual in accordance with Articles
           142 and 154 of this code, or upon the request of the person or institution exercising
           parental authority over him.
           Primary Right of Parents – the parents shall have the right to the company of their
           children and, in relation to all other persons or institutions dealing with the child’s
           development, the primary right and obligation to provide for their upbringing.
           Rights Under the Civil Code – Parents shall continue to exercise the rights
           mentioned in Articles 316 to 326 of the Civil Code over the person and property of
           the child.
           Right to Discipline Child – Parents have the right to discipline the child as may be
           necessary for the formation of his good character, and may therefore require from
           him obedience to just and reasonable rules, suggestions and admonitions.
        SUGGESTED READINGS:
     To further your understanding on some of the topics, you can refer to the following
links:
        https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf
        https://study.com/academy/lesson/history-of-juvenile-delinquency.html.
      https://jjwc.gov.ph/wp-content/uploads/2020/06/Comprehensive-National-Juvenile-
Intervention-Program-CNJIP.pdf
         REFERENCES:
      Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention. Wiseman’s Books
Trading, Inc.
    13     Instructional Materials in Juvenile Delinquency and Juvenile Justice System
           Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
           Wiseman’s Books Trading, Inc.
Modules in Juvenile Delinquency and Juvenile Justice System              Maria Ivy Giray-Gacosta, RCrim.
      Ricardo M. Guevara, et.al. Juvenile Delinquency and Crime Prevention. Wiseman’s Books
Trading, Inc. Quezon City, Philippines.
         -------------------------------- Thank You for Reading!!!-----------------------------------------------
    14    Instructional Materials in Juvenile Delinquency and Juvenile Justice System
          Reference: Jesster P. Eduardo, et.al,Juvenile Delinquency and Crime Prevention.
          Wiseman’s Books Trading, Inc.