Juvenile Delinquency

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What is Juvenile Delinquency
Juvenile delinquency is lawbreaking by children or adolescents. Delinquency
includes behavior that would be considered criminal if committed by adults,
such as setting a fire or stealing a car. It also includes acts that are not
necessarily criminal in adults, such as truancy and running away from home.
Today the legal attitude toward the juvenile lawbreaker is that a child too
young to be able properly to distinguish between right and wrong or fully to
appreciate the nature of his acts ought not to be criminally responsible for
what he does or fails to do. The Canadian Juvenile Delinquents Act of 1929,
for example, states that "every juvenile delinquent shall be treated, not as a
criminal, but as a misdirected and misguided child, and one needing aid,
encouragement, help and assistance."
In the United States, laws defining delinquency and setting age limits for the
juvenile delinquent vary from state to state. The maximum age ranges from 14
to 21 years, but in most states it is set at 18. In all states, juvenile offenders
are tried in juvenile courts or family courts, which are separate from regular
criminal courts.
Juvenile delinquents account for a great number of the illegal acts committed
in the United States, especially those that involve taking another's belongings.
During the 1960's more than 60 percent of all persons arrested for auto theft
and about 50 percent of those arrested for thefts and burglary were under 18
years of age. Delinquency is rising among girls, although many more boys
than girls come before juvenile courts. Many juvenile delinquents break the
law repeatedly. Delinquents come from both well-to-do families and poor
families, and almost as many arrests are made in rural communities as in
cities and their suburbs.
Definition of Juvenile Delinquency
Any discussion of juvenile delinquency raises two fundamental questions:
Who are the juveniles? and What constitutes delinquency? In answer to the
first question, the most common criterion employed is chronological age. The
vast majority of the laws dealing with juvenile delinquency throughout the
world provide an age limit beyond which special procedures and measures
meant for juveniles are inapplicable. This age limit varies not only from one
country to another, but also from state to state within a country as in the case
of the United States. In Europe, the variations range from 16 years in Belgium
to 21 years in Sweden. The majority of European countries, however, fix the

age limit at 18 years. Jurisdictions in the United States have fixed the limit with
considerable variation, ranging from 16 years in states like New York and
Connecticut to 21 years in such states as California and Arkansas. Here again
the majority of states have fixed it at 18 years. In Latin America, the range is
from 14 years in Haiti to 20 years in Chile, with the majority of the republics
fixing it at 18 years. The limit in Asia ranges from 15 years in some countries
like Syria and Lebanon and most of the Indian states to 20 years in Japan.
In addition to the upper age limit, most laws employ a lower age limit below
which criminal responsibility, in accordance with common law tradition, cannot
be attributed to juveniles. The majority of countries throughout the world
accept either seven or eight years as the lower age limit, often in conjunction
with the rebuttable presumption concerning discernment, although there are
some countries where it is higher, apparently the highest being found in
Finland where the lower age limit is 16 years.
The second question as to what constitutes delinquency is more difficult to
answer. The word delinquency is derived from the Latin delinquere meaning
"neglect," and it may be interpreted in broad terms as neglect on the part of
juveniles to conform to the accepted standards of behavior in a given society.
There is general agreement, among the vast majority of the countries of the
world, that an antisocial act which in their respective laws is defined as a
criminal offense constitutes delinquency when committed by a juvenile.
Beyond this, however, various meanings are attributed to the term. In the
United States, for example, there are over 30 forms of behavior which are
regarded as delinquency. They include incorrigibility, addiction to drugs,
disorderliness, vagrancy, and sexual irregularities, to mention just a few. What
is delinquent behavior in one state may not be so in another. According to
English common law a boy under the age of 14 years is presumed to be
incapable of having sexual intercourse and he cannot, therefore, be found
guilty of a sex offense in England. In the United States he may be considered
a delinquent. The trend in the mid-20th century is toward the broadening of
the concept of delinquency with the consequence that it cannot be defined
with any precision. The apparent increase in juvenile delinquency is due partly
to the recognition of a greater number of behavior forms as delinquent. This is
true not only for the highly industrialized and more developed countries but
also for the so-called less developed countries where detribalization and shift
of population to urban areas have brought juveniles face to face with
impersonal law, which regards as delinquent certain forms of behavior which

were customarily considered acceptable conduct in the juvenile's previous
environment.

Causes of Juvenile Delinquency
Some of the causes of juvenile delinquency include the following:
1.

Family – Almost all research workers have accepted that families of
delinquents are characterized by discords, desertions and divorces. Such
families have been pointed out as one of the main causes of delinquency.

2.

Peer Group – To those in sore need of a substitute for family love and
group-belongingness, the peer group or the gang presents itself as a kind
of close knit unit that will solve the purpose.

3.

Neighborhood – The immediate environments of a child also affect the
trend he will adopt in connection with his personality. It has been seen that
more delinquents come from slums and thickly populated areas.

4.

Educational Curriculum – Although schools and educational institutes
are playing an increasingly important role in the training and upbringing of
future citizens, they are also contributing towards many cases on juvenile
delinquency. Delinquents are typically non-bookish and non-academic
individuals who take studies like a burden. When they fail in exams and
get scolded by their family, they tend to indulge themselves in delinquent
acts.

5.

Poverty and Democracy – Poverty and democracy are also the major
contributing factors towards juvenile delinquency. People indulge
themselves in delinquent acts in order to meet and satisfy the primary
wants of their life. Democratic orders also increase delinquency.

Types of juvenile delinquencies
Different crimes have different offender types causing disparity within the
system. Those offenders who commit violent crimes are not the same as
those who commit property crimes or status offenses. Knowing what types of
juveniles commit what crimes can help with rehabilitation of those juveniles
and providing programs to keep juveniles from partaking in these crimes in the
first place.
Status Offenses: Are behaviors that are considered violations of the law
because of age. When committed by a minor these violations are considered
status offenses while remaining legal for others. Violations include truancy,
running away, and under age drinking.


Girls are more often arrested for status offenses




Boys constitute the higher proportion for under age drinking
Most cases under status offenses go to family crisis units, county
attorneys, and social service agencies. Juvenile courts try to stay away
from these offenses.

Property Crimes: Include burglary, larceny, theft, and arson.


Over a quarter of juveniles arrested where under the age of eighteen.



Boys make up over sixty percent of those juveniles arrested



The rate of juveniles committing property crimes is down by half since
1985

Violent Crimes: Include murder, forcible rape, robbery, and aggravated
assault.


Nearly a quarter of all violent crimes where committed by someone
under the age of eighteen.



Most violent crimes are committed between 3:00 and 5:00 p.m.--around
the time school is getting out.



Boys represent over eighty percent of juvenile arrests for violent crime.

Juveniles in Adult Court
Nationwide, it is becoming easier and easier to try juveniles in adult criminal
courts. With laws being passed lowering the minimum age in which a juvenile
can be tried in adult court the transfer of juveniles to adult courts is becoming
more prevalent. Today all fifty states allow for juvenile prosecution in criminal
court. There are three ways in which a juvenile can be transferred to adult
criminal court.

Judicial Waiver: This is the most popular method and is used by juvenile
court judges to transfer juveniles to adult court in order to deny the protections
of juvenile jurisdictions.



All states except New York, Nebraska, and New Mexico provide judicial
waivers
Youngest one can be waived into adult court is 13-14

Statutory Exclusion: A juvenile accused of an excluded offense is treated as
an adult from the beginning.


Twenty-eight states have statues that remove certain offenses or
age/offense/prior record categories from juvenile court's jurisdiction. That
means states refuse anyone fitting into one of these categories from being
defined as a "child" for juvenile court purposes.



Others only include the most serious offenses such as New Mexico,
Mississippi, and Arizona.

Direct File: Gives discretion to the prosecutors as to where to file each case.
Typically direct files give both juvenile and adult criminal courts the ability to
hear cases involving certain offenses.


Wide variation among states regarding criteria; some emphasize
offense categories, age of offender, and still others use past history of the
juvenile.



Generally, the minimum level of offense seriousness is lower than those
needed for statutory exclusion or mandatory waiver.

How to control Juvenile Delinquency
Following are some of the suggestions for the prevention of juvenile
delinquency:
1.

Accept the delinquent as a person in his own right, and give affection
and security.

2.

Watch for the signs of maladjustment; early treatment may prevent this
maladjustment from taking a delinquent trend.

3.

Providing the child with a variety of experiences like music and dance,
art and craft, etc. can serve the purpose.

4.

Attempt to build-up a stable system of moral and social values.

5.

Reject the delinquent behavior without rejecting the delinquent.

6.

Encourage the child to talk about and admit the existence of anti-social
tendencies.

7.

Change the conditions of home, school and community that seem to
give rise to such behavior.

8.

Give a potential delinquent some post of special responsibility, such as
task of preventing other children from committing delinquent acts.

9.

Once a delinquent act has been detected, never pass it over. Make
clear to the child that he has done something wrong, but do not punish
him harshly.

10. Minimize the chances of a child’s going wrong by putting the smallest
possible number of temptations in his way.
Thus, parents and the other family members, and the teachers in school can
do a lot in the prevention and controlling of juvenile delinquency.

Assessing Risk
Risk factors must be taken into consideration when developing prevention and
treatment programs that will effectively address the juvenile delinquency
issues within the United States. According to The North Carolina Department
of Juvenile Justice and Delinquency Prevention (2011), there are five domains
that exist which contribute to juvenile delinquency. These domains include:
individual characteristics, family influences, school experiences, negative peer
group influences, and neighborhood and community risks. Individual
characteristics that can increase the risk of juvenile delinquency include
antisocial behaviors and rebelliousness. Family influences such as a history of
physical or sexual abuse, frequent fighting and conflict between parents, lack
of supervision, and ineffective discipline are all contributing factors to juvenile
delinquency. Youth who have difficulty when it comes to academics in school
or frequently skip and/or miss school are also a higher risk of participating in
juvenile activity. Negative peer influences (peer pressure) may also contribute
to juvenile delinquency, especially when these peers also participate in
juvenile delinquent behaviors or encourage such behaviors. Peer influences
also include gang involvement, which is a significant factor in juvenile crime.
Neighborhood and community risks include factors such as high crime rates,
common substance abuse issues within the community, and community
norms that may not effectively deter youth from participating in juvenile
delinquency (The North Carolina Department of Juvenile Justice and
Delinquency Prevention, 2011).
Effective Prevention and Intervention Programs
The first step in addressing any issue is to focus on prevention. An effective
prevention program is the first and most important step that needs to be taken
to help decrease the rising concern of juvenile delinquency. Prevention
programs should be conducive to the risk factors that are present in regards to
juvenile delinquency if they are to decrease the rate of juvenile delinquent

behavior throughout the United States. According to the U.S. Department of
Justice (2003, p.9), “Most juvenile justice, child welfare, and school resources
currently focus on adolescent juvenile offenders and problem children whose
behaviors are already persistent….rather than on children in elementary
schools or preschools.” While focusing on current juvenile delinquency
behaviors and targeting youth who have already begun engaging in delinquent
behavior is a must, it is also imperative to implement prevention programs in
an effort to deter at risk youth from engaging in juvenile delinquency before it
starts as well.
One program in particular that is effective in preventing juvenile delinquency is
the PINS (Persons in Need of Supervision) program (in New York). This is a
diversion program for youth between the ages of 9 and 18 who have exhibited
any of the aforementioned risk factors. The PINS programs “focus on helping
families develop the skills needed to cope with the stresses — including
poverty, substance use, domestic violence and other intractable problems —
that many PINS children and their families face” (The Children’s Aid Society,
2011, para.1). When a youth is referred to the PINS program, they are
assigned a primary “officer” (which is often probation officers) who makes
frequent visits to the home as well as the school to ensure that the youth’s
behavior is not out of control. Most states within the United States have such
programs, however many families do not know that they exist or how to take
advantage of such programs. Educating families about the programs available
to them and their youth will make prevention of juvenile delinquency much
more successful. PINS and other similar programs are effective tools in the
fight against juvenile delinquency because these programs focus on early
intervention to prevent at risk youth from becoming frequent juvenile
delinquent offenders. The success of such programs will be maximized if
awareness is raised among higher risk communities. One possible approach
would be community outreach programs and parenting education programs
that assist parents in the process of filing petitions for programs such as PINS.
Numerous intervention programs exist which are aimed at addressing juvenile
delinquency. While most of these programs focus on the youth(s) engaging in
delinquent behavior, few intervention programs are aimed at parenting issues
that may have contributed to delinquent behavior displayed by youth. Family
preservation and parenting education programs for parents of juvenile
delinquents might help to bridge this particular gap and may also help better
prepare parents to deal with juvenile delinquent behaviors.

Residential Treatment Centers (RTCs) are another viable option for
decreasing juvenile delinquency. American Association of Children’s
Residential Centers is (AACRC) an organization which focuses on, “mental
health treatment, other than acute inpatient care, in conjunction with
residential care for seriously emotionally disturbed children and youth, ages
17 and younger” (American Association of Children’s Residential Centers,
2011). These treatment centers are for youth who have been determined as
unable to be cared for in foster care settings, day treatment programs, or other
non-secure environments due to severe psychiatric or substance abuse
problems. RTCs offer an effective alternative secure environment for youth
who have not been admitted to psychiatric hospitals or correctional facilities
because their behaviors have not yet elevated to meet the criteria to be
admitted to such facilities. The youth who are admitted to RTCs are provided
with 24 hour supervision and a highly structured environment which utilizes
programs that focus on both mental health and substance abuse issues to
address juvenile delinquent behavior. RTCs differ from traditional group
homes in that they focus on providing therapeutic treatment services while
group homes typically only provide residents with basic needs (food, shelter,
and daily living skills) but do not offer programs that will help address the risk
factors contributing to juvenile delinquent behaviors (American Association of
Children’s Residential Centers, 2011).

Ineffective Treatment and Prevention Programs
Ineffective treatment and prevention programs are programs which do not
contribute to the decrease in juvenile delinquency rates within the United
States. One particular program which has been ineffective in the treatment
and prevention of juvenile delinquency is the “scared straight” programs which
have become increasingly popular since the T.V. show “Scared Straight” has
been aired. Not only are these programs ineffective, but they are highly
controversial. Scared Straight programs allow adult inmates to have direct
contact with juvenile delinquents. These juveniles are exposed to the harsh
and intimidating conditions associated with being in jail through sight and
sound contact with inmates as well as jail tours. The goal of such programs is
to improve youth’s behaviors by shocking or scaring them in an effort to deter
them from engaging in delinquent behaviors. The outcomes of these programs
have proven unsuccessful, and, in fact, “studies have demonstrated that

Scared Straight Programs are ineffective in preventing delinquent behavior,
and there is evidence that participation in Scared Straight Programs may
actually contribute toward increased delinquency” (Schembri, 2011, p.13).
Another ineffective approach to treatment and prevention of juvenile
delinquency is disregarding gender influences that contribute to risk factors in
juvenile delinquent behaviors. Not all programs recognize the different
contributing factors that exist between males and females and tend to group
them into one category when creating treatment and prevention programs,
which can lead to ineffective programs that do not help decrease juvenile
delinquency because they are not gender specific enough to make a
significant difference.
Additionally, another approach that can lead to an ineffective treatment for
prevention program is not considering cultural diversity in regards to juvenile
delinquency. Race, ethnicity, religion, and even socioeconomic status can vary
when it comes to risk factors that contribute to juvenile delinquent behaviors.
All programs should take these cultural variations into account in order to
provide effective treatment to juveniles who are at higher risk of exhibiting
delinquent behaviors.

Factors that help protect juveniles from risk of delinquency
These are just a few factors that will prevent juveniles from turning to
delinquent acts even if they show risk factors for delinquency. These factors
work because they provide juveniles with a positive role model, community,
and family outlook.


Attachments to family and friends--with good attachments and positive
role models juveniles are more apt to do the right thing so as not to
disappoint those they are attached to.



Commitment to extra curricular activities or school--when juveniles are
committed to positive activities they are more likely to protect their school
and activities from other delinquents.



Beliefs or values--teach juveniles in the way they should go. With
positive role models and religious backgrounds juveniles are better apt to
react in a positive way to stress and hard to mange situations.



Involvement--Juveniles involved in community and their schools are
more apt to protect it from other delinquents. Those who have put time,
energy, and are committed to their involvements are not going to want to
see those activities and programs disappear because of delinquent peers.

Although juvenile crime is on the decline knowing the risk factors that lead to
delinquency can help to continue this trend. Bringing juveniles out of poverty
stricken neighborhoods and into after school programs can greatly increase
positive factors that will help fight against the negative risk factors that they
live with everyday. Just because a juvenile lives in a low socioeconomic
neighborhood with violence, or a poor family environment they still have the
opportunity to turn away from crime.

Reference


Understanding Youth and Crime: Listening to Youth?
Sheila Brown.



Causes of Conduct Disorder and Juvenile Delinquency
Benjamin B. Lahey; Terrie E. Moffitt; Avshalom Caspi.



Youth, Crime, and Justice: A Global Inquiry



Clayton A. Hartjen.
Wikipedia.net

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