Juvenile delinquency refers to antisocial and criminal behavior committed by persons under the age of

18. Juvenile delinquency is also simply called delinquency, and the two terms are used interchangeably
in popular discourse. Once persons reach adulthood, antisocial and criminal behavior is known as crime.
In this way, juvenile delinquency is the child and adolescent version of crime. Juvenile delinquency
encompasses two general types of behaviors, status and delinquent offenses. Status offenses are
behaviors that are considered inappropriate or unhealthy for children and adolescents, and the
behaviors are proscribed because of the age of the offender. Such behaviors, if committed by adults, are
not illegal. Examples of status offenses include smoking or using tobacco, drinking or possessing alcohol,
running away from home, truancy or nonattendance at school, and violating curfew. There are also
other status offenses that are essentially labels that parents and the juvenile justice system place on
young people. These offenses include waywardness, incorrigibility, idleness, and being ungovernable.
Depending on the jurisdiction, the juvenile justice system has devised formal labels for adolescents that
are in need. These include CHINS (child in need of supervision), PINS (person in need of supervision),
MINS (minor in need of supervision), FINS (family in need of supervision), and YINS (youth in need of
supervision).

Delinquent offenses are violations of legal statutes that also apply to adults in the criminal justice
system. Delinquent offenses include acts of violence against persons, such as murder, rape, armed
robbery, aggravated and simple assault, harassment, stalking, menacing, child abuse, and similar
offenses. Delinquent offenses also include acts that are considered property crimes, such as burglary,
theft or larceny, motor vehicle theft, arson, damage to property, criminal mischief, vandalism, and
others. A variety of miscellaneous crimes sometimes known as public order offenses are also delinquent
offenses. These include driving while intoxicated, cruelty to animals, possession and use of a controlled
substance, forgery, fraud, disorderly conduct, weapons violations, prostitution and commercialized vice,
vagrancy and loitering, traffic violations, and others.

Juvenile delinquency is important in society for several reasons but for three in particular. First, children
and adolescents commit a significant amount of delinquent offenses that result in violent, property, or
other forms of victimization. Each year, more than one million children and adolescents are arrested by
police for their delinquent acts. Second, juvenile delinquency is itself seen as an indicator of the general
health and prosperity of a society. In neighborhoods with high levels of delinquency, the antisocial
behavior is seen as part of a larger set of social problems. In this sense, juvenile delinquency is troubling
because of the victimizations that are inflicted and the perceptual image of society as unable to
adequately control and supervise young people. Third, as this research paper will explore, juvenile
delinquency has different meanings depending on its severity and other factors. For many young people,
juvenile delinquency is a fairly normal facet of growing up. For a small group of youths, however,
juvenile delinquency is simply the beginning stage of what will become a lifetime of antisocial behavior.
This research paper offers a comprehensive look at juvenile delinquency including its historical
background, major theories of juvenile delinquency, and types or typologies of juvenile delinquents.
Philippines Considers Lowering Minimum Age Of Criminal Liability

TOUGHER LAW

Philippine lawmakers will soon decide on the passage of a law to lower the minimum age of criminal
responsibility (MACR) from 15 to 12 years. This reform will further victimise marginalised youth.

Pointing out that children must be “taught to understand responsibility,” President Rodrigo Duterte
wants the law to be passed. He argues that syndicates are using children in the drug trade and other
criminal activities.

The Philippines House of Representatives approved the reform in January. The Senate is expected to
pass it in June. Critics point out, however, that the law is unnecessary because the number of crimes
committed by children has been in decline. For 2018, police statistics show that children committed
11,321 crimes, a mere 2.3 % of the total crime volume. Male teenagers were involved in more than 93 %
of these incidents.

Most at risk are boys aged 14 to 17 who have dropped out of school. Many come from poor families
with no stable income. Because they are considered to be more physically able, boys are forced to leave
school and contribute to the family income. Many come from families marked by domestic violence.
Most get arrested for theft in Metro Manila’s densely populated communities. They typically steal
mobile phones, clothes, wallets and bags. Drug-related offences are often reported too, including the
selling and use of prohibited substances.

Child-rights advocates point out that most under-age persons who commit crimes are themselves
victims. Normally they have suffered abuse, exploitation and abandonment. Most are neglected by
dysfunctional families. Many live in communities with high levels of crime. The streets become their
homes, and criminal gangs find it easy to recruit them.

Risa Hontiveros is one of the few lawmakers who oppose the reform. She insists that punitive measures
are not the best way to keep children away from crime. The senator proposes implementing an existing
law more effectively: the Juvenile Justice and Welfare Act (JJWA) of 2006. It focuses on rehabilitation
and special treatment for delinquent minors of the age groups 12 to 18. Setting the minimum age of
criminal liability at 15 years, it created a separate justice system for children in conflict with the law
(CICL). Guided by the principles of restorative justice, it spelled out that special programmes must
address the needs of children who are in conflict with the law.

It mandated the establishment of child-caring institutions in the country’s 81 provinces and 33 cities.
Called “Bahay Pagasa” (House of Hope), these facilities are supposed to offer short-term residential care
to CICL who are above 15 but below 18. However, the official records show that only 63 of 114 Bahay
Pagasa houses that should have been established were actually built. A mere 58 are operating. Most are
dirty, overcrowded and lack basic furniture, even beds. Only five Bahay Pagasa have passed the
government’s accreditation standards.

Compounding the problems, most facilities do not have the mandatory number of social workers. The
staff typically lacks training in child care. The institutions offer only limited facilities for girls. Tricia Oco
of the governmental Juvenile Justice and Welfare Council says: “Children are told to keep quiet the
whole day and do nothing.”
Senator Hontiveros considers the JJWA a good law that needs to be implemented properly. Where that
was done, good results have been achieved, she points out. She praises success in Quezon City,
Valenzuela and Malabon. She says: “The number of CICL drops where the law gets efficiently and fully
implemented.”

Lacking funds, many local governments are unable to implement the law, the Senator argues. She
expects problems to increase once the minimum age of criminal responsibility gets lowered. In the
absence of proper housing and rehabilitation facilities, CICL would simply end up in jails that are meant
for adult offenders. Instead of social workers who could serve as positive role models, hardened
criminals await them here. Jails would thus become schools of crime – and rehabilitation would become
ever more elusive. A populist policy that is supposedly tough on crime is therefore likely to result in yet
more crime and despair.

The Philippine legislature is expected to approve a bill that would reduce the age at which children could
be tried as adults to as young as 12 years old. Critics say the change is draconian.

STEVE INSKEEP, HOST:

Now we have an update on the campaign against crime in the Philippines. President Rodrigo Duterte has
gone outside the law in that campaign, welcoming thousands of extrajudicial killings. Philippine
lawmakers are also debating a change in the law itself. This change would allow children as young as 12
to be held criminally responsible as if they are adults. Michael Sullivan reports from Manila.

MICHAEL SULLIVAN, BYLINE: In 2006, lawmakers actually got the age of criminal responsibility raised
from 9 years of age to 15, arguing in part that putting 9-year-olds in the system was just wrong. At a
recent hearing, House justice committee Chair Salvador Leachon said that was a mistake.

(SOUNDBITE OF ARCHIVED RECORDING)

SALVADOR LEACHON: Ever since the law was implemented, syndicates have been exploiting the
provisions by using minors in the commission of crimes.

SULLIVAN: It's an argument President Rodrigo Duterte has made repeatedly in criticizing the existing law
as he pursues his deadly war on drugs - a law that now looks likely to be changed. Carlos Conde is a
researcher for Human Rights Watch in Manila.

CARLOS CONDE: Because of his extreme popularity, because of the drug war - the fear that it strikes in
people - basically what he wants to do happens because he controls both houses of Congress right now,
and he still demands so much support.

SULLIVAN: Duterte supporters insist getting 12- to 15-year-olds in conflict with the law off the streets
and into detention and rehabilitation centers will help curb crime and help the children. Critics
vehemently disagree.

LIANE ALAMPAY: It's insane. It's without basis.

ALAMPAY: There is absolutely no evidence from a scientific perspective, from a data perspective, child
protection - child rights perspective.

SULLIVAN: Opposition Senator Risa Hontiveros says the government's focus should be elsewhere.

RISA HONTIVEROS: First of all, we should be going after the real big-time syndicates and other criminals
who are still scot-free until today.

SULLIVAN: Instead of children, she says, most of whom are poor like many of those killed in the drug war
to date. And finding a place to put new offenders will be a challenge, too. Fewer than half the 100-plus
facilities mandated by existing law have been built. And many that have aren't pretty.

CONDE: I visited one of these Bahay ng Pag-asa or House of Hope facilities, and it was horrifying.

SULLIVAN: Carlos Conde of Human Rights Watch.

CONDE: Sanitation was bad. The food was really bad as well. A lot of the kids have skin diseases. Water
was leaking from the toilet. And they were sleeping on the concrete floor and not too far from where
the wet toilet was. It was just horrible, really.

SULLIVAN: But presidential spokesman Salvador Panelo insists President Duterte's priority is the children
when it comes to changing the law.

(SOUNDBITE OF ARCHIVED RECORDING)

SALVADOR PANELO: So to my mind, he wants that amended to protect the children. So it will deter the
criminals from using the minors.

SULLIVAN: Opponents scoff at this idea and say the criminals will just find even younger children - poor
children like those who make up the majority of those currently in trouble with the law.

ALAMPAY: They live in the streets. They're not in school. They're pretty much neglected.

SULLIVAN: Psychologist Liane Alampay.

ALAMPAY: And so from our perspective, it's really unjust that children are punished for what we see as
society's failings to protect them.