A Historical and Legal Overview of Juvenile Delinquency

A Historical and Legal Overview of Juvenile Delinquency Presented by: Mr. Cueno Date: 21 July 2023 Juvenile Delinquency - It refers to an anti-social acts or behaviors committed by minors which are contrary to the norms of the society. It involves oftentimes misdemeanor, but may include also offenses and felonies. - CRIME • Crime is an act committed by an adult • An act that breaks criminal code which is created by society through written law. • A person who committed a crime can be dealt with in accordance with the criminal justice system - JUVENILE DELINQUENCY • Delinquency are acts committed by minors. • Acts that merely breaks 'cultural law' or norms. • A child is under the process known as juvenile justice system. History Of Juvenile Delinquency - Code of Hammurabi- Oldest known code for thousand years ago dating 2270 B.C used by society to regulate behavior and at the same time punish those who disobeyed the rules. It established a social order based on individual rights. It is the origin of the legal principle of "Lex Talionis" or "Lex Taliones", that is, an "Eye for an Eye". - In 1641, General Court of Massachusetts passed the Stubborn Child Law, which stated that children who disobeyed their parents could be put to death. - Roman Law and Canon (Church) Law- Approximately two thousand years ago, made distinction between juveniles and adults based on the notion "Age of Responsibility". - Ancient Jewish Law: The Talmud specified condition under which immaturity was to be considered in imposing punishment. There was no corporal punishment prior to puberty, which was considered to be the age of twelve for females and thirteen for males. In addition, no capital punishment is to be imposed on those offenders under twenty years of age. - Codification of Roman Law - In 5th century B.C., this law resulted in the "Twelve Tables", children were criminally responsible for violation of law and were to be dealt with by same criminal justice system as adults. Under this law, children came to be classified as "Infans," or "Proximus Infantiae." In general, "infans" (7 years old below) were not held criminally responsible, but those approaching puberty (above 7 to 14 for boys and above 7 - 12 for girls) liability was based on their capacity to understand the difference between right and wrong. - Anglo Saxon Common Law (Law based on custom or usage) - children under the age of 7 were presumed incapable of forming criminal intent and therefore were not subject to criminal sanctions. Children between 7 - 14 were not subject to criminal sanctions unless it could be demonstrated that they had formed criminal intent, understood the consequences of their actions, and could distinguish right from wrong. Children over 14 were treated much the same as adults. - Middle of 19th century - The middle of the nineteenth century included the childsaving movement. Concerned citizens eventually formed a, social activist group called Child Savers, who believed that children were born good and became bad. Juvenile children were blamed on bad environments. This lead to the creation of the doctrine Parens Patriae. - Take Note: Parens Patriae is a doctrine that does not consider delinquent acts as criminal violation, thus making delinquents non-criminal persons and cannot be found guilty of a crime and punished like an adult criminal. This doctrine viewed minors who violate the law as victims of improper care, custody and treatment at home. Thus, in parents patriae, the State becomes the father. - Law Act of 1601 - Provided for involuntary separation of children from their impoverished parents, and these children were then placed in bondage to local residents as apprentices. - In the Philippine Settings • PD 603" The Child and Youth Welfare Code" - Under the said law, a person who is over nine (9) but under twenty-one (21) years of age at the time of the commission of the offense who committed a crime is known as a YOUTHFUL OFFENDER. • Take note: This provision was later amended by PD 1179. Under the said law, it defines a youthful offender as a child, minor or youth, including one who is emancipated in accordance with law who is over nine years but under eighteen years of age at the time of the commission of the offense. • RA 9344-15 and below are exempted from criminal liability while over 15 and below 18 are likewise exempted unless acted with discernment and this child are called "Child in Conflict with Law" - Personalities and dates • Pope Clement XI - In 1704 in Rome, established the Hospital of St. Michael's, the first institution for the treatment of juvenile offenders. The stated purpose of the hospital was to correct and instruct unruly youth so they might become useful citizens. • Robert Young - In 1788 established the first private, separate institution for youthful offenders in England. The goal of the institution was to educate and instruct in some useful trade or occupation the children of convicts or such other infant poor as engaged in a vagrant and criminal course of life. • Albert K. Cohen - The first man who attempted to find out the process of beginning of the delinquent subculture. • Kingwood Reformatory - This was established for the confinement of the "hordes of unruly children who infested the streets of new industrial towns" of England. • New York Committee on Pauperism - In 1818, the committee gave the term "Juvenile Delinquency" Its first public recognition by referring it as a major cause of pauperism. • 1899 - The First Juvenile or "family" court was established in Cook County Illinois. • 1899-1967 - This has been referred to as the era of "socialized juvenile justice". House Of Corrections For Juvenile Delinquent - Bridewells- It was the first houses of corrections in England. They confined both children and adults considered to be idle and disorderly. - Hospice of San Michaele- Saint Michael was established in 1704. John Howard, a reformer, brought to England from Rome a model of the first institution for treating juvenile offenders. He was often thought of as the father of prison reform. - House of Refuge- It was situated in New York in 1825. It was opened to house juvenile delinquents, who were defined in its charter as "youths convicted of criminal offenses or found in vagrancy." Significant Cases Concerning Juvenile Delinquency - 1. In re Winship - It established proof beyond a reasonable doubt as the standard for juvenile adjudication proceedings, eliminating lesser standards such as a preponderance of the evidence, clear and convincing proof and reasonable proof. They established that a jury trial is not a required part of due process in the adjudication of the youth as delinquent by a juvenile court. - 2. Breed v. Jones- It recognized that a juvenile cannot be adjudicated in a juvenile court and then tried for the same offense in an adult criminal court (double jeopardy). - 3. Kent v. United States- It provided the procedural requirements for waiver to criminal court as articulated by the U.S. Supreme Court. - 4. In re Gault (1967)- The Court held that juvenile courts must provide the basic procedural protection that the Bill of Rights guarantee to adults, including timely advance notice of the charges, the right to either retained or appointed counsel, confrontation and cross-examination of adverse witnesses, self-incrimination, and the right to remain silent. - 5. 1977, American Bar Association- It endorsed decriminalization of status offenses, urging that juvenile delinquency liability should include only such conduct as would be designated a crime if committed by an adult. - 6. Schall v. Martin (1984)- The Supreme Court upheld the state's right to place juveniles in preventive detention. Preventive detention was perceived as fulfilling a legitimate state interest of protecting society and juveniles by detaining those who might be dangerous to society or to themselves. Types Of Delinquent Youth - Social • an aggressive youth who resents the authority of anyone who make an effort to control his behavior. - Neurotic • he has internalized his conflicts and preoccupied with his own feelings Stages Of Delinquency - Emergence • - Exploration • - At age (13 up), there is a substantial increase in variety of seriousness. Conflagration • - He or she then move on to shoplifting and vandalism between (ages 12 to 14.) Explosion • - The child begins with petty larceny between (8 and sometimes the 12th year.) At around (15 up), four or more types of crimes are added. Outburst • Those who continue on adulthood will progress into more sophisticated or more violent forms of criminal behavior.