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CRIM 105

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CRIM 105

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Rose
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MODULE 1

BASIC CONCEPT AND ITS DEFINITION, NATURE OF DELINQUENCY


UNIT I: Basic Concepts and Definition

Juvenile
Is a person who has not reached adulthood or the age of majority (18). From this point,
it can be assumed that the term covers a child, an adolescent, a minor, a youth, or a
youngster below 18 years old.

Juveniles are generally regarded as immature or ones whose mental and emotional
faculties are not fully developed, thus making them incapable of taking full responsibility
of their actions. Because of their age standing, they are held to a standard of behavior
that is different from those adults. Juveniles are required to attend school between the
ages of 6 and 18; they are expected to obey their parents; they are forbidden to
purchase alcohol or cigarettes or drive motor vehicles; they may not marry without
parental permission; they cannot enter into business or financial contracts; they are not
permitted to vote, enter the military, or run away from home. Some jurisdictions place
other restrictions on juveniles, such as curfew, or laws against “incorrigible” or “immoral”
behavior. On the contrary, adults have the right to vote, to marry, to hold government
office, and to enter into contracts.

In legal terms, a juvenile is a person subject to Juveniles court proceedings because a


statutorily defined event or condition caused by or affecting that person was alleged to
have occurred while his or her age was below the statutorily specified age limit or
original description of a juvenile court.

The Delinquent Person


From the viewpoint of a social worker, a delinquent is a person, of whatever age,
whose attitude toward other individuals, toward the community, toward lawful authority
is such that it may lead him into breaking the law.
A delinquent person is also defined as one who repeatedly commits an act that is
against the norms or mores observed by the society. When a person habitually commits
an act which is not in accordance to the rules or policies of the organization or
community where he belongs, he is considered a delinquent.

Juvenile delinquents maybe grouped in three ways:


a. Children below aging 7 years old
b. Children aging from 7 to12 years old – juveniles have doll incapax (not capable
of having criminal intent)
c. Youths aging above 12 but below 18 years old.
Juvenile delinquency
Means different things to different individuals and groups. Commonly, the term is used
to describe a large number of disapproved behaviors of children and youth. In another
way, anything the youth does that others do not approve or like can be called juvenile
delinquency. An example in case could be that of a child who refuses to do household
chores, or fights with siblings, goes with bad friends, talks back or answers back, or
listens to the wrong music. Parents, siblings, or relatives may call such behaviors
delinquent even though no law was violated.
Juvenile delinquency also refers to an anti-social act or behavior of minors which
deviates from the normal pattern of rules and regulations, custom, and culture which
society does not accept and which, therefore, justifies some kind of admonishment,
punishment, or corrective measures in the public interest.

Legally, Juvenile Delinquency is define as:

Criminal law violations that would be considered crimes if committed by an adult;


An act committed by a minor that violates the penal code of the government with
authority over the place in which the act occurred;
The committing of those things considered crimes by the country;
Any, act behavior or conduct which might be brought to court and judged whether such
is a violation of a law.
Juvenile delinquency can cover anything from small crime – a student who cuts
school repeatedly is delinquent – to very serious crimes like felony theft and murder.
However, delinquency is distinct from crime in the sense that the former maybe in the
form of violation of a law, ordinance, or rule but it is punishable only by a small fine or a
short-term imprisonment or both.

Juvenile Crime
In its simplest definition, “crime” is any specific act prohibited by law for which
society has provided a formally sanctioned punishment. This can also include the failure
of a person to perform an act specifically required by law.
Legally peaking, a crime is an illegal act committed by a person with a criminal intent.
Before the establishment of juvenile courts, children under the age of seven were never
held responsible for criminal acts. The law considered them incapable of forming the
necessary criminal intent. Children between the ages of 7 and 14 were generally
thought to be incapable of committing a criminal act, but this belief could be disproved
by showing that the youth knew that act was a crime or would cause harm to another
and committed it anyway. Children over the age of 14 could be charged with a crime
and handled in the same manner as an adult.

Juvenile crime, in law, denotes various offenses committed by children or youths


under the age of 18. Such acts are sometimes referred to as juvenile delinquency.
Children’s offenses typically include delinquent acts, which would be considered crimes
if committed by adults, and status offenses, which are less serious misbehavior such as
truancy and parental disobedience. Both are within the jurisdiction of the juvenile court;
more serious offenses committed by minors may be tried in criminal court and be
subject to prison sentences.

Unlawful acts committed by juveniles can be divided into five major


categories:

a. Unlawful act against person


b. Unlawful act against property
c. Drug and alcohol offenses
d. Offenses against public order
e. Status offenses

The first four categories are comparable in definition to crimes committed by adults.
Status offenses, on the other hand, are acts that only juveniles can commit and that can
be adjudicated only by a juvenile court. Typical status offenses range from
misbehavior/misdemeanor, such violations of curfew, underage drinking, running away
from home, and truancy, to offenses that are interpreted very subjectively, such as
unruliness and ungovernability (beyond the control of parents and guardians).

UNIT II: NATURE OF DELINQUENCY

In the study of juvenile delinquency, there are existing questions that have to be
ascertained as regards to the following: whether the behavior is a manifestation of an
emotional problem, or the result of negative social factors, such as a broken family,
poverty, environment and other socio-economic factors that become the basis of a
delinquent personality. Socio-cultural factors influence personality formation. However,
a better understanding of the general field of delinquency can be learned by examining
the emotional disorders that produce delinquent personality system.

There are four aspects of the relationship between emotional disorder and
delinquency:

1. That delinquent behavior is a symptom of some underlying emotional disorder. Fact


is, many delinquent acts are committed by youths who are emotionally disturbed
and that some usually normal looking people commit criminal acts when under great
emotional stress. Some delinquent behavior is a symptomatic acting out of a deeper
and bigger problem;
2. Symptomatic behavior of emotional disturbance is likely to receive more attention
when shown by a person charged with or convicted of an act of delinquency. A
certain amount of delinquent behavior is a result of underlying emotional problems;
3. However, because there is a greater focus on the emotional background of the
delinquent youth, than on the average person, more emotional problems may be
given to delinquent than to law abiding youths. The deviant behavior may come
from the emotional disorder, but in some cases, there may not be any causal
connection between the two. In other words, a delinquent may be emotionally
disturbed, but the emotional disorder may not be related to the delinquent behavior;
4. Delinquent behavior may cause emotional disorders. Delinquent youths may
develop an induced emotional disturbance as a result of detention, long-term
incarceration, or a variety of abnormal social forces involved in the administration of
justice. An example would be normal delinquent youths who are committed to
psychiatric wards of hospital due to drug abuse, where the emotional stress
produces personality problems not related to the use for prohibited drugs.

Moreover, juvenile delinquency is characterized by the following;

a. Incidence of delinquency accelerates at age 13 and peaks at age 17.


b. The prevalence (how widespread youth crime is in the society) of different kinds
of offending at each stage and the percentage of persons initiating and
terminating; termination at about 18 or 19.
c. The gap between male and female involvement in status and non- victimizing
offenses of serous types.
d. A larger proportion of boys than girls having broken the law and that boy break it
frequently.
e. Sex ratio showing male involvements as value of goods stolen increases.

STAGES OF DELINQUENCY

a. Emergence – the child begins with petty larceny between 8 and sometime during
the 12th year.
b. Exploration – he or she then may move on to shoplifting and vandalism between
ages 12 to 14.
c. Explosion – at age 13, there is a substantial increase in variety and seriousness.
d. Conflagration – at around 15, four or more types of crime are added.
CLASSIFICATION OF DELINQUENCY

1. Unsocialized Aggression – rejected or abandoned, no parents ot imitate and


become aggressive.
2. Socialized Delinquency – membership in fraternities or group that advocate bad
things.
3. Over – Inhibited – group secretly trained to do illegal activities like marijuana
cultivation.
PATHWAY TO DELINQUENCY

1. Authority – conflict pathway – begins at early age with stubborn behavior. This
leads to defiance and then to authority avoidance.
2. Covert pathway – begins with minor, underhanded behavior that leads to
property damage. This behavior eventually escalates to more serious forms of
criminality.
3. Overt pathway – escalates to aggressive acts beginning with aggression and
leading to physical fighting and then to violence.

Juvenile delinquency tendencies

1. Malicious – expression of defiance


2. Negativistic – changeable attitudes like not being satisfied with status.
3. Non – utilitarian – vandalistic attitude like graffiti
4. Hedonistic – doing bad things for pleasure.

Types of Delinquent Youth

Delinquent youth may be grouped according to manner in which their personality


types define and affect their delinquent behavior. They are:

1. Socialized Delinquents - they become delinquents as a result of their social


association with people from whom they are more likely to become property
violators than violent offenders.
2. Neurotic Delinquents – these youths become delinquents as a result of
distortions in their personality and their ideas and perception of the world around
them. They may commit delinquent acts because of their insecurities about their
masculinity. They may become deviant because of some anxiety or neurotic
compulsion. For example, youth become kleptomaniacs, shoplifters and
pyromaniacs have neurotic compulsions that usually result in delinquent
behavior.
3. Psychotic Delinquents – there are youths with severe personality disorders
have a significantly distorted perception of the society and people around them.
Unlike socialized offenders, they do not usually plan their crimes. Their distorted
view of reality and their delusional thoughts may compel them to commit weird
acts that violate the law. Psychotic offenders are likely to commit acts of violence,
including murder. This category includes those youths who tend to commit the
most heinous and senseless acts of violence.
4. Sociopathic Delinquents – these youths are characterized by an egocentric
personality. They have limited or no compassion for others. Because of this
character defect, they can easily victimize others with little or no anxiety or guilt.
A sociopathic element is present in many delinquents, but not all delinquents are
sociopaths. Many violent gangsters are sociopathic.

Other ways to classify delinquents are as follows:

1. Environmental delinquents – they are the occasional law breakers.


2. Emotionally maladjusted delinquents – these delinquents are the chronic
lawbreakers who make breaking of laws a habit they cannot avoid or escape
from.

3. Psychiatric delinquents – they are persons become delinquent due to mental


illness or serious emotional disturbances in the family.

A.
1. Occasional delinquents – these delinquents participate in a group. They have
common or similar characteristics. They are “pro-social”. They do what others are
doing.
2. Gang delinquents – they generally commit the most serious infractions, most
often sent of a correctional institution, and most often continuous in a pattern of
semi-professional criminal behavior as adults.
3. Maladjusted delinquents – the activity stems from personality disturbance
rather than gang activity or slum residence. They have “weak ego”, “the asocial,”
experienced early and severe parental rejection. They are disorderly, confused
and not dependable with pathological disturbances.
MODULE II
HISTORY OF CHILDHOOOD DELINQUENCY, THEORIES OF DELINQUENCY

UNIT I: THE HISTORY OF CHILDHOOD DELINQUENCY

“The history of childhood is a nightmare from which we have only recently begun to
awake. The further back in history one goes, the lower the level of child care, and the
more likely children are to be killed, abandoned, beaten, terrorized, and sexually
abused.” (DeMause, 1974)

Early conceptualization of childhood

Childhood dates only to somewhere between the 14th and 17th centuries. Prior to
this time, “small people” were either accorded no social presence at all, or were
regarded as miniature adults.

Children as “Non-Human”

Practices which reflected children as non-human include:

 Infanticide – especially illegitimate, deformed, poor, later born, and girls.


 Abandonment – often left on the streets, on door stoops and in orphanages;
another common form was wet nursing.
 Swaddling – involved depriving the child of use of limbs by wrapping them in
endless bandage; child could be left unattended.

Maltreatment of children was discussed in the Code of Hammurabi, the oldest


known code for thousand years ago dating from 2270 B.C. runaways, children who
disowned their parents, and some who cursed their fathers were severely being
punished.

Children as “Miniature Adults”

Practices which reflected children as miniature adults include:

 Adult punishment for misdeeds – punishments for children were severe, even
death penalty for minor offenses.
 Slavery and Apprenticeship – children were commonly sold into slavery,
prostitution and apprenticeship, sometimes as security on debts, or as political
hostages.
 Morality, Sex and Prostitution – children were exposed to adult sexuality from
an early age, and even used as prostitutes.
The treatment of children in the past would be regarded as criminal today. These
treatments were normal by the standards of that today.

The Invention of Delinquency

The following laws paved the way to the invention of delinquency:

 Roman Law and Canon (Church) Law – approximately two thousand years
ago, Roman Law and Canon Law made 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
considered to be the age of twelve for females, which thirteen for males. No
capital punishment was to be imposed on those offenders less than twenty years
of age. Similar leniency was found among Muslims, children under the age of
seventeen were typically exempt from the death penalty.

 Codification Of Roman Law – in 5th century B.C., 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. Thus, theft of crops by night was a capital offense for adults, but
offenders under the age of puberty were to be flogged. Adults caught in the act of
theft were subject to flogging and enslavement, but youths received corporal
punishment at the discretion of a magistrate and were required to make
restitution.
 Anglo Saxon Common Law (law based on custom or usage) – this law was
influenced by Roman and Canon Law, which emerged in England during the
eleventh and twelfth centuries.
The distinction made between adult and juvenile offenders in England at this time is
most significant. Under common law:
 Children under 7 were automatically presumed innocent because of their age.
 Children over 14 were automatically judged as an adult.
 Children between 7 and 14 were presumed innocent because of their age, but
could be found guilty under certain circumstances.

The Child Offender in the Eighteenth Century


By this time, the concept of childhood was fully developed. Life in the 18 th
century was dominated by their major social institution: family, church and community.
Crime and deviance were generally equated with sin and immorality. Consequently,
there was little attempt to rehabilitate the offender. Rather, criminals were punished as
an example to the rest of the community.
There was no special category called a “juvenile delinquent” at this time. The legal
system relied on common law tradition.

The Creation of the Institution


As a result of increasing recognition of the problem of delinquency, several
institutions for juveniles were established in the east between 1824 and 1828. These
institutions were oriented toward education and treatment rather than punishment,
though whippings, long periods of silence and loss of rewards were used to punish the
uncooperative.

These two types of juvenile institutions were established, the houses of refuge,
which housed juvenile offenders and the orphan asylums, which housed abandoned
and orphaned children. The purpose of separate institutions for juveniles was to
separate them from hardened adult criminals.

Creation of Juvenile Court


Through a series of court decisions, the concept of parent’s patriae (responsibility
of the court and the state to act on behalf of the child and provide care and protection
equivalent to that of a parent) became broadened and the state became increasingly
involved in determining the fitness of families.
The first separate juvenile was established tin Chicago in 1899.

Nineteenth Century Changes


Changes were sweeping American and western societies by 19th century.
Enlightenment ideas of wrongdoing had by now become firmly established. This
resulted in a shift in understanding of the source of deviance and crime. Crime is now
understood to be caused by external forces operating on the individual.
In 1818, 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 was the first man who attempted to find out the process of beginning
of the delinquent subculture.

The period 1899 to 1967 was considered the era of socialized juvenile justice.

UNIT II: THEORIES OF DELINQUENCY


Various theories have been propounded to understand the deviant behavior of
juveniles. They are classified as follows.

A. Early general theories on the causes of delinquency:

1. Demonological Theory – this was developed during the middle ages. Hence, it
is the oldest perspective of theory. It was based on the belief of primitive people
that every object and person is guided by a spirit. This theory promoted the
notion that persons should not be held responsible for their actions when they do
evil things because their body is possessed by evil spirits.
2. Classical Theory – postulated by Cesare Beccaria and Jeremy Bentham.
Classical theory was consistent with the utilitarian view that people weigh the
benefits and costs of future action before they decide to act. This was based on
the assumption that people are rational, have freewill, and therefore able to
choose.
It promoted the idea that people choose criminality the same way when they
choose criminality the same way when they choose conformity that youths commit
crime because they think or imagine that greater good things can be earned through
conformity. This is because people by nature are hedonistic. Hedonism is a doctrine
that pleasure is the highest good in life and that moral duty is fulfilled trough the pursuit
of pleasure.
Classicists have four good reasons why delinquent persons and offenders should be
punished:

a. General Deterrence – punishment of delinquents and criminal offenders will


strike fear in the hearts of other people, thus making them less likely to
commit acts of delinquency or crimes.
b. Specific Deterrence – punishment will strike fear in the hearts of
wrongdoers, thus making them less likely to offend others again.
c. Incapacitation - the simplest form of jurisdiction, wrongdoers should be
locked up in jail since while they are imprisoned in an institution, they cannot
commit offenses against other people in the outside world.
d. Retribution – this reason objects the idea toast anything good for useful will
follow or result from punishing offenders;

1. Criminals or delinquents should be punished because they deserve it; a


punishment is morally right and just in light pf the harm and damage caused by the
offense.
2. Punishing criminals has no positive purpose or no positive effect on the minds
and hearts of the people.
3. Positive or Italian Theory - this theory was developed by Cesare Lombroso,
Enrico Ferri and Raffaele Garofalo. Positive theory promoted the idea of
determinism as a way of explaining crime and delinquency. Determinism means
that every act has a cause that is waiting to be discovered in the natural world.
Positivists believed that the causes of juvenile delinquency could be identified
through the application of the scientific method. Once causes were discovered, the
individual offender could be treated (or rehabilitated) much as the medical doctors treat
the causes of harmful illness.

4. Critical theory – this theory is much more significant in criminological analysis


on the causes of juvenile delinquency. Critical criminologists and sociologists
view juvenile delinquency as a by-product of existing social arrangements. The
concepts of power, influence, inequality and conflict guide this theory in exploring
and clarifying the nature of juvenile delinquency. This theory blames delinquency
on the imbalance of power within the human society.

B. Biological Theories
Early biological theories calm that criminal behavior is a result of biological or
genetic defect in the individual. Contemporary biological theories focus more on
variations in genetic and other biological factors in interaction with the environment, and
are less likely to refer to biological defects or abnormalities.

1. Lombrosian Theory – this was developed by Dr. Cesare Lombroso, a prison


doctor in Turin Italy and known as the father of criminology. His job was to
examine hundreds of criminals. This theory holds the following assumptions:
 Criminals have many stigmata (distinctive physical features) such as symmetrical
faces, enormous jaws, large or protruding ears, and receding chins.
 Criminals are atavistic beings who look differently and thick differently. Having
the mentality of primitive people, they are incapable of living in modern society.
Criminals are classified as epileptic, insane and inborn.

2. General Inferiority Theory/Hooton’s Theory – this was proposed by Earnest


Hooton. This theory has the following assumptions:
Crime is the result of the impact of environment upon low-grade human organisms and
that criminals were originally inferior people.
Crimes exist because there are some inferior people who are responsible for them.
Men with mediocre builds are people who tend to break the law without preference
because crimes are like physical make-up, characteristics.
Criminals should be permanently exiled to self-governing reservations, isolated from the
society, sterilized to prevent future offspring.
3. William Sheldon’s Theory – according to Sheldon, body type affects a person’s
entire personality or temperament. People are classified in three ways:
a. Endomorphs – people who tend to be fat, round and soft, and to have short
arms and legs.
b. Mesomorphs – people who have athletic and muscular physique; with active,
assertive and aggressive personality. Delinquency exists because there are
mesomorphic men or youths who are responsible for its occurrence.
c. Ectomorphs – people who are basically skinny with lean and fragile bodies.

4. Genetic Theory –this theory assumes that:


a. Crime and delinquency is committed by people who have abnormal genetic
structure or chromosomal abnormalities.
b. DNA is the transmitter of genetic materials (genes).
c. Extra Y chromosome is responsible for aggressiveness and thus, criminal
activity. Men with extra Y chromosome are taller and a 10 to 20 percent greater
tendency to break the law than genetically normal XY males.

C. Psychological Theories

These theories assume that:

a. Delinquency is a result of internal, underlying disturbances.


b. These disturbances develop in childhood and tend to become permanent
features of the individual character.
c. Since the individual has problems, he or she must be the focus of attention if the
problem is to be solved.

1. Psychogenic Theories – these are theories which blame delinquency on


impulses that are rooted in the child rather than in his environment. Psychogenic
believe that it is easier to change a person than it is to change an environment.

1.1 Freudan Psychoanalytic Theory – the proponent of this theory was Sigmund
Freud. Freud believed that people develop in a series of stages. When abnormalities
occur, the person is more likely to experience conflict. Conflict stems from the persons
basic drive (ID) and social controls. Because conflict is painful to confront, people tend
to push into their unconscious mind those experiences that produce conflict. Finally,
people use defense mechanism to handle personal conflicts.
The Four Elements in Freud’s Theory:

a. Human nature is inherently anti-social. Every child possesses a set of primitive


anti-social instincts that Freud called the ID.
b. Good behaviour comes through effective socialization. Through socialization, the
child learns internal control.
c. The life-long features of the human personality originate in early childhood. By
adult personality originate in early childhood. By age 5, all the essential features
of the child’s adult personality have been developed.
d. Delinquent behaviour is the result of a defective super ego.
The Three Parts of Human Psyche (Personality):

a. ID – it is the unconscious portion of personality dominated by the drive (cravings)


aggressive impulses. If left unchecked, it may destroy the person.
b. Ego – this is the rational part of the personality; it grows from the ID. It
represents problem solving dimensions of personality.
c. Super-ego- it grows out of ego. It represents the moral code, norms and values
the individual has acquired. Hence, it is responsible for feelings of guilt and
shame.

2. The Low IQ Theory – this theory claims that:


a. People with low intelligence are easily led into law-breaking activities by the wiles
of more clever people.
b. People with low intelligence are unable to realize that committing offenses in a
certain way often leads to getting caught and eventual punishment.

3. Attention Deficit Hyperactivity Theory – this theory claims that:


a. Juvenile delinquency is caused by immaturity and hyperactivity.
b. Grade schoolers usually experience attention-deficit hyperactivity disorder, which
is characterized by:

1. Short attention span


2. Day dreaming
3. Sluggishness
4. Preoccupation
5. Impulsiveness

4. Frustration-Aggression Theory – this theory claims that people who are


frustrated will act aggressively, and people who engage in aggression are
frustrated first.
 Frustration is a behavior directed at anticipated goals or expectations. It
develops when a person experiences the blocking of some goal. It involves
hopes and unfulfilled expectations. It is a feeling or an emotion nut a failure of
objectives and goals. Frustration leads to anger which makes aggression
more likely to happen.
 Aggression is behavior whose goal is to inflict damage or injury on some
objects or persons.

D. Social Class Theories

1. Social Disorganization Theory


This theory was recognized early in the twentieth century by sociologists Clifford
Shaw and Henry Mckay. According to social disorganization theory, disorganized areas
cannot exert social control over acting-out youth; these areas can be identified by their
relatively high level of change, fear, instability, incivility, poverty and deterioration, and
these factors have direct influence on the areas delinquency rate. It is not, then, some
individual property or trait that is the cause of delinquency, but the quality and ambiance
of the community in which adolescents are forced to reside. In the areas where there is
no sense of collective efficacy, delinquency rates will be controlled no matter what the
immediate economic situation is.

2. Anomie Theory
Advocated by Emile Durkheim, anomie is normlessness produced by rapidly
shifting moral values. This occurs when personal goals cannot be achieved using
available means.
Anomie refers to a breakdown of social norms and a condition where norms no
longer control the activities of members in society. Individuals cannot find their place in
society without clear rules to help guide them. Changing conditions as well as
adjustments in life lead to dissatisfaction, conflict and deviance.

3. Strain Theory
Strain theory contends that certain classes are denied legitimate access to culturally
determined goals and opportunities, and the resulting frustration results in illegitimate
activities or rejection of the society’s goal.
Sources of strain according to Robert Agnew include:
a. Strain caused by the failure to achieve positively valued goals.
b. Strain caused by the disjunction of expectations and achievements
c. Strain as the removal of positively valued stimuli from the individual
d. Strain as the presentation of negative stimuli

4. Differential Opportunity Theory


Delinquent subcultures, according to Richard Cloward and Lloyd Ohlin, flourish in the
lower classes and take particular forms so that the means for illegitimate success are no
more equally distributed than the mans for legitimate success.
They argue that the types of criminal subcultures depend on the area in which they
develop. They stated that the varying form of delinquent subcultures depended upon the
degree of integration that was present in the community.

Three types of delinquent gangs (Cloward & Ohlin)

a. Criminal Gang – emerges in areas where conventional as well as non-conventional


values of behavior are integrated by a close business. This type of gang is stable than
the ones to follow. Older criminals serve as role models and they tech necessary
criminal skills to the youngsters.

b. The Conflict/Violent Gang – non stable and non –integrated, characterized by an


absence of criminal organization resulting in instability. This gang aims to find reputation
for toughness and destructive violence.

c. The Retreatist Gang – equally unsuccessful in legitimate as well as illegitimate


means. Members are known as double failures, thus retreating into a word of sex,
drugs and alcohol.

5. Class Conflict Theory


According to Richard Quinney and William Chambliss, conflict theory is based upon
the view that the fundamental causes of crime are the social and economic forces
operating within the society. The criminal justice system and criminal law are thought to
be operating in behalf of rich and powerful social elites, with resulting policies aimed at
controlling the poor.

6. Differential Oppression Theory


John D. Hewitt and Robert Regoli proposed that much serious juvenile delinquency is
a product of the oppression of children by adults, particularly within the context of family.
The maltreatment of children has been found to be highly correlated with both serious
and moderate delinquency as well as other problem behavior.
E. Interpersonal Theories

1. Differential Association Theory


This theory asserts that criminal behavior is learned primarily with the interpersonal
groups and that youth will become delinquent if definitions they have learned favorable
to violating the law exceed definitions favorable to obeying the law within the group.
This theory was introduced by Edwin Sutherland.

2. Social Learning Theory


This theory views that behavior is modelled through observation, either directly
through intimate contact with others, or indirectly through media. Interactions that are
regarded are copied, whereas those that are punished are avoided.

F. Situational Theories

1. Drift Theory (Neutralization Theory)


Neutralization theory or drift theory, as it is often called, proposes that juveniles
sense a moral obligation to be bound by the law. Such a blind between a person and
the law remains in place most of the time. When it is not in place, delinquents will drift.
David Matza and Gresham Sykes suggest that delinquents hold values similar to
those of law abiding citizens, but they learn techniques that enable them to neutralize
those values and drift back and forth between legitimate and delinquent behavior.

Five techniques of neutralization:

a. Denial of responsibility
b. Denial of injury
c. Denial of victim
d. Condemnation of the condemners
e. Appeal to higher loyalties

Sykes and Matza’s theoretical model was based on the following observations:

a. Delinquents express guilt over their illegal acts.


b. Delinquents frequently respect and admire honest, law abiding individuals.
c. A line is drawn between those they can victimize and those they cannot.
d. Delinquents are not immune to the demands of conformity.

G. Societal Reaction Theories

1. Labelling Theory
Develop by Howard Becker, labelling theory views that youths may violate the law
for a variety of reasons including poor family relations, peer pressure, psychological
abnormality, and pro-delinquent learning experience. Regardless of the cause of
individual delinquent’s behaviors detected, the offenders will be given a negative label
that can follow them throughout life. These labels include “troublemaker”, “juvenile
delinquent”, “mentally ill”, “junkie”, and more.

H. Control Theories

1. Social Control Theory


This theory by Travis Hirschi states that members in society form bonds with other
members in society or institution in society such as parents, pro-social friends, and
churches, schools, teachers, and sports team. The social bonds include the ties and
affection that develop between children and key people in their lives; commitment to
social norms of behavior and to succeed in regards to such values as getting good
education, a good job and being successful; involvement in activities; and finally that
most persons are brought up to believe in and respect the law.
2. Self-Derogation Theory
Introduced by Howard Kaplan, self-derogation theory states that all motivation to
maximize our self-esteem, motivation to conform will be minimized by family, school and
peer interactions that devalue our sense of self. Interactions and behavior may be self-
defacing or self-enhancing.
3. Interactional Theory
Originated by Terrence Thornberry, this theory states that weakening of a child’s
social bond is the fundamental cause of delinquency. Interactional theory examined the
changing nature of relationships over the life course. It emphasized the reciprocal
nature between many the variables used to explain delinquency.
4. Self-Control Theory
Self-control theory argues that it is the absence of self-control rather than the
presence of some forces or factors such as poverty, anomie, and opportunities for
deviance, delinquent peers, and exposure to definitions favorable to deviance, etc. that
leads to deviance. This theory rejects the notions that deviance is learned, that
deviance simply results from the individuals inability to effectively control his or her
impulses.
I. Other Theories

1. Culture Deviance Theory


This theory links delinquent acts to the formation of independent subcultures with a
unique set of values that clash with the main stream culture. It argues that children learn
deviant behavior socially through exposure to others and modelling of others action.
2. Structural Functionalism Theory
Some social structures exert a definite pressure upon certain persons in society to
engage in non-conforming rather than conforming behavior. These structural and
ideological dreams can cause great distress for those who cannot reach these goals.
3. Rational Choice Theory
Advocates of this theory argue that in many cases, deviance is a result of high
calculation of risks and awards. Prospective deviants weigh their own chance of gain
against the risk of getting caught, and thereby decide a course of action.
4. Routine Activities Theory
The routine activities theory was developed by Lawrence Cohen and Marcus
Felson.
This theory claims that crime is a normal function of the routine activities of modern
living; offenses can be expected by capable guardians. The routine activities approach
gives equal weight to the role of both the victim and the offender in the crime process.
Criminal opportunity is significantly influenced by the victim’s lifestyle and behavior. The
greater the opportunity for criminals and victims interact, the greater the probability of
crime, the reduced the interaction, the more opportunity for crime to decline.

Factors affecting routine activities theory:


a. Lack of capable guardian
b. Suitable target
c. Motivated offenders

5. Learning Theories
This set of theories advances that delinquency is learned through close relationship
with others. It asserts that children are born “good” and learn to be “bad” from others.
Learning theories hold that children living in even the most deteriorated areas can resist
inducements to crime if they have learned proper values and behavior. Delinquency, by
contrast, develops by learning the values and behavior. Delinquency, by, contrast,
develops by learning the values and behavior associated with criminal activity.

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