Scribd
Upload
47 views

Second Week Crim 1

Uploaded by

BoenYator
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
47 views

Second Week Crim 1

Uploaded by

BoenYator
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Juvenile Delinquency and Juvenile Justice System

Crim. 5
MODULE 2
(First Prelim- Second Week)
Maam CJ Chris Ramtom   

Chapter III. The History of Childhood and Delinquency

Learning Objective:
 Trace the historical background of juvenile delinquency.

Early Conceptualization of Childhood.


 Children as Non-Human
a. Infanticide. Especially illegitimate, deformed, poor, later born and girls.

b. Abandonment. Often left on streets, on door stoops and in orphanages; another common form was
wet nursing.

c. Swaddling. Involved depriving the child of use of limbs by wrapping them in endless bandage; child
could be left unattended.

Note: Code of Hammurabi discussed that children who disowned their parents and sons who cursed their
fathers were severely being punished.

 Children as Miniature Adults


a. Adult punishment for misdeeds- punishments for children were severe even death penalty for minor
offenses.

b. Slavery and apprenticeship- children were commonly sold into slavery, prostitution and
apprenticeship, sometimes as security on debts or as political hostages.

c. Morality, sex and prostitution- children were exposed to adult sexuality from an early age, and even
used as prostitutes.

Note: The treatment of children in the past would be regarded as criminal today. These treatments were normal
by the standards of that day.

The Invention of Delinquency


 Roman Law and Canon (Church Law). Made a distinction between juveniles and adults based on the
notion “age of responsibility”.

 Ancient Jewish Law. The Talmud (body of Jewish civil and religious laws) specified condition under
which immaturity was to be considered in imposing punishment. There was no corporal punishment
prior to puberty, which was to be considered to be the age of twelve for females and thirteen for males.
No capital punishment was to be imposed on those offenders under twenty years of age. Similar
leniency was found among Moslems. Children under the age of seventeen were typically exempt from
the death penalty.

 Codification of Roman Law. This law resulted in the “Twelve Tables” which made it clear that children
were criminally responsible for violation of law and were to be dealt with by the same criminal justice
system as adults. Punishments for some offenses, however, were less severe for young people than for
adults. This law afforded immunity to all children under the age of seven and came to be classified as
“infans” or “proximus infantae”. In general, “infans were not held criminally responsible, but those
approaching puberty who knew the difference between right and wrong were held accountable.
“Infantia” means inability to speak which was fixed at seven years old and children under that age were
exempted from criminal liability. The legal age of puberty was fixed at fourteen for boys and twelve for
girls; youths above these ages were held criminally liable. For children between the ages of seven and
puberty, liability was based on their capacity to understand the difference between right and wrong.

 Anglo Saxon Common Law. Influenced by Roman and Canon Law. Also made a distinction between
adult and juvenile offenders.
a. Children under 7 were automatically presumed innocent because of their age.
b. Children over 14 were automatically judged as adult.
c. Children between 7 and 14 were presumed innocent because of their age, but could be found
guilty under certain circumstances.

The Creation of the Institution (between 1824 and 1828)


Two types of juvenile institutions established:
a. Houses of refuge- housed juvenile offenders

b. Orphan asylums- housed abandoned and orphaned children

Note: The purpose of separate institutions for juveniles was to separate them from hardened adult
criminals.

Creation of the Juvenile Court


Parens Patriae. Responsibility of the courts and the state to act on behalf of the child and provide care
and protection equivalent to that of a parent.

Nineteenth Century Changes


 New York Committee on Pauperism. Gave the term “juvenile delinquency”, its first public recognition
by referring it as a major cause of pauperism.

 Albert K. Cohen. The first man who attempted to find out the process of beginning of the delinquent
subculture.

 1899 to 1967. The era of socialized juvenile justice.

Stay Safe and God Bless! 

#Maam CJ Chris Ramtom   

You might also like