Adjudicated delinquent: A youth who has been found by a judge in juvenile court to have

committed a violation of the criminal law, that is, a delinquent act.The judge can formally
adjudicate the youth as an initial step before imposing a disposition (a sentence or
punishment), or the judge can decide not to adjudicate the youth and instead impose
conditions that, if met, will result in dismissal of the charges.

Adjudicatory hearing: The fact finding (trial) phase of a juvenile case in which a judge
receives and weighs evidence before deciding whether a delinquency or status offense has
been proven beyond a reasonable doubt.

Aggravating factors: Factors to be considered that may increase the seriousness of the
offense, such as prior offenses, weapon use, heinous nature of crime, and threats to victims
or witnesses.

Arrest: A law enforcement officer charges an offender with a criminal act or violation of law
and takes the offender into custody based on probable cause.

Abandoned Child – Is one who has no proper parental care or guardianship or whose parents
or guardians have deserted him for a period of at least 6 continuous months.

Age Of Enlightenment – 18th century.

Age Specific Offender (adolescence-limited offender) - juvenile offending or delinquency

begins and ends during their period of adolescence.

Article 40 of the United Nations Convention on the Rights of the Child - the State
recognizes the right of every child alleged as, accused of, adjudged, or recognized as, having
infringed the penal law to be treated in a manner consistent with the promotion of the child's
sense of dignity and worth, taking into account the child's age and desirability of promoting
his/her reintegration.

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. No capital
punishment is to be imposed on those offenders under twenty years of age. Similar
leniency was found among Moslems, where children under the age of seventeen were
typically exempt from the death penalty.

Anglo Saxon Common Law (Law based on custom or usage) - The distinction made
between adult and juvenile offenders in England at this time are most significant.

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

Anomie Theory - Advocated by Emile Durkheim, anomie is normlessness produced by

rapidly shifting moral values, this occurs when personal goals cannot be achieve using
available means.

Anomie - refers to a breakdown of social norms and it is 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 leads to dissatisfaction, conflict, and deviance.

ACCIDENTAL - one who is essentially sociable and lawabiding but happens to be at the wrong
time and place and becomes involved in delinquent acts not typical of his general behavior

Art. 168. Mentally Retarded Children. - Mentally retarded children are (1) socially
incompetent, that is, socially inadequate and occupationally incompetent and unable to
manage their own affairs; (2) mentally subnormal; (3) retarded intellectually from birth or
early age; (4) retarded at maturity; (5) mentally deficient as a result of constitutional origin,
through hereditary or disease, and (6) essentially incurable.

Art. 170. Physically Handicapped Children. - Physically handicapped children are those
who are crippled, deaf-mute, blind, or otherwise defective which restricts their means of
action or communication with others. Art. 171. Emotionally Disturbed Children. - Emotionally
disturbed children are those who, although not afflicted with insanity or mental defect, are
unable to maintain normal social relations with others and the community in general due to
emotional problems or complexes. Art. 172. Mentally Ill Children. - Mentally ill children are
those with any behavioral disorder, whether functional or organic, which is of such a
degree of severity as to require professional help or hospitalization.

Adoption - is defined as the process of making a child, whether related or not to the
adopter, possess in general, the rights accorded to a legitimate child. Generally, only
minors are adopted, except in cases when the adoption of a person of majority age is
allowed.

Age Specific Offender (adolescence-limited offender) - juvenile offending or delinquency

begins and ends during their period of adolescence.

Abeyance - When the judge decides to delay a consequence to let the juvenile meet some
conditions over a period of time up to 1 year, like paying restitution or staying out of trouble. If
the juvenile meets the conditions, the court may dismiss the case or put the juvenile in a
diversion program.

Adjudication - A juvenile court proceeding where a judge decides whether a juvenile

committed a crime which means he or she is delinquent. If the judge finds a juvenile
delinquent, the court decides whether the juvenile needs programs, supervision, or
institutionalization.
Appeal - The legal procedure to ask a higher court to review the decision of a lower court.

Appellant - the party who appeals the decision of the lower court. A person who applies to a
higher court for a reversal of the decision of a lower court.

Arraignment - The first appearance in court where the judge tells the juvenile what crime he or
she is accused of committing, and explains their rights in court.

Abandonment - the action or fact of abandoning or being abandoned:

Abuse - treat (a person or an animal) with cruelty or violence, especially regularly or repeatedly:

ADOPTEE - the child or person being petitioned for adoption

ANTHROPOLOGICAL APPROACH – the study on the physical characteristics of an individual

offender with nonoffenders in the attempt to discover differences covering criminal behavior
(Hooton).

ASOCIAL - one whose delinquent acts have a cold, brutal and vicious quality for which the
youth feels no remorse

Arson - Intentional damaging or destruction by means of fire or explosion of the property of

another without the owner's consent, or of any property with intent to defraud, or attempting
the above acts.

Burglary - Unlawful entry or attempted entry of any fixed structure, vehicle, or vessel used for
regular residence, industry, or business, with or without force, with intent to commit a felony or
larceny. The term is used in the same sense as in the UCR Crime Index.

Borderline or Low Normal Group.- This is the highest group of mentally retarded, with
I.Q.s from about 75 to about 89. The members of this classification are only slightly
retarded and they can usually get by in regular classes if they receive some extra help,
guidance and consideration.

Battery – refers to an act of inflicting physical harm upon the man or her child
resulting to the physical and psychological or emotional distress.

Battered Woman Syndrome – refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

Bail - refers to the security given for the release of the person in custody of the law, furnished
by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be
given in the form of corporate security, property bond, cash deposit, or recognizance.

Best Interest of the Child - refers to the totality of the circumstances and conditions which are
most congenial to the survival, protection and feelings of security of the child and most
encouraging to the child's physical, psychological and emotional development. It also means
the least detrimental available alternative for safeguarding the growth and development of the
child.

Borstals – Youth Custody Centers and detention center.

Breed vs. Jones - A US court decision where it held that juveniles can not be tried when
acquitted in juvenile court then tried again in adult criminal court.Double jeopardy applies to
juveniles as well as adults.

Beyond a Reasonable Doubt - The standard that the prosecutor must meet when presenting
evidence in a juvenile delinquency adjudication hearing. It means that no other logical
explanation can result from the evidence except that the juvenile committed the crime. If the
prosecutor shows that the juvenile committed the crime beyond a reasonable doubt, it
overcomes the presumption that a juvenile is innocent until proven guilty.

BULLYING PREVENTION - Individual bullies and victims receive independent counseling in

order to discourage future commission of an offense.

BLENDED FAMILY – mixing of two families brought by divorce or remarriage

Bridewells – it was the first house of corrections in England. They confined both childrenand
adults considered to be idle and disorderly.

Bill of Rights - A statement of fundamental rights and privileges. The bill of rights is an act of
the Parliament of England whose title is " And Act Declaring The Rights and Liberties of the
Subject and Settling the Succession of the Crown". It is often called the English Bill of Rights.

Cesare Lombroso – Father of Criminology. an Italian doctor and sometimes regarded as the
father of criminology. Considered also as the founder of criminal anthropology. He suggested
that physiological traits such as the measurement of the check bones or hairline or a cleft
palate, considered to be throwbacks to neanderthal man, were indicative of "atavistic criminal
tendencies". This approach has been superseded by the beliefs of Enrico Ferri.

Criminal Justice System - is the system of practices and institutions of governments directed
at upholding social control, deterring and mitigating crime or sanctioning those who violate
laws with criminal penalties and rehabilitation efforts.
Court - refers to a family court or, in places where there are no family courts, any regional trial
court.

Constitution - A body of fundamental principles or established precedents according to which

a state or other organization is acknowledged to be governed.

Community-based Programs - refers to the programs provided in a community setting

developed for purposes of intervention and diversion, as well as rehabilitation of the child in
conflict with the law, for reintegration into his/her family and/or community.

Community Policing - the system of allocating officers to particular areas so that they become
familiar with the local inhabitants.

Child in Conflict with the Law - refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.

Child at Risk - refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances.

Child - refers to a person under the age of eighteen (18) years.

Conflict resolution: Use of communication skills and creative thinking to develop voluntary
solutions that are acceptable to disputants.

Continuum of care: A broad array of juvenile justice programs and services ranging from
prevention programs for young children and youth at risk of delinquency to intervention
programs serving high-risk youth in secure residential settings.

Curfew: A local ordinance that requires, under specific conditions and exceptions, a specific
group of persons (usually juveniles under a certain age) to refrain from unsupervised activities
after a designated hour within the confines of a selected area, city,or county.

Custody; Taken into custody: Being in the care of a criminal or juvenile justice agency or
official or being taken into custody by a law enforcement officer pursuant to the laws of arrest
if the juvenile were an adult and the offense is criminal in nature.

Critical Theory – explains that delinquency is the by product of social arrangement.

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 same criminal justice system as adults.

Chancery or equity courts – Created by the king of England, under the guidance of King’s
chancellor. Chancery courts were created to consider petitions of those who needed
special aid or intervention, such as woman and children who needed protection and aid
because of divorce, the death of a spouse, or abandonment, and to grant relief to such
persons. Through the chancery courts, the king exercise the right of parens patria (parents
of the country) by enabling these courts to act in loco parentis (in the place of parents) to
provide necessary services for the benefit of women and children. In other words, the king,
as ruler of his country, was to assume responsibility for all those under his rule, to
provide parental care for children who had no parents, and to assist women who required
aid for any of the reasons mentioned above.

Culture Deviance Theory - Links delinquent acts to the formation of independent

subcultures with a unique set of values that clash with the main stream culture. This
theory argues that children learn deviant behavior socially through exposure to others
and modeling of others action

Community work service - As part of a sentence, a judge may order a juvenile to do a certain
number of hours of volunteer work for a community or government organization.

Conditions of conduct and conditions of release - Conditions are requirements the judge sets
for a juvenile to stay in the community and not be in detention. The juvenile must follow the
conditions; if not, the juvenile will go to detention until the case is decided.

COMMUNITY INVOLVEMENT - Involvement in community groups provides youth with an

opportunity to interact in a safe social environment. Ex. girl scout, boy scout, church youth
group, etc

CHILD-CARING AGENCY OR INSTITUTION - refers to a private non-profit or government

agency duly accredited by the DSWD that provides twenty-four (24) hour residential care
services for abandoned, neglected, or voluntarily committed children (RA 9523)

CLIQUES - small groups of friends who share intimate knowledge and confidences

CROWD - Loosely organized groups who share interests and activities

CONTROVERSIAL STATUS YOUTH - Aggressive kids who either liked or intensely disliked by
their peers and who are the ones most likely to become engaged in anti-social behavior

CHILD SUPPORT – the act of being responsible for enforcing child support obligations.

CHILD VICTIMS' AND CHILD WITNESS' RIGHTS - A 1990 federal law allowing courts to take
extraordinary steps in protecting the emotional health of any child called to testify in a
courtroom.

CHINS (Child In Need of Supervision) - A term applied to status offenders adjudicated in

juvenile court

CIVIL PROTECTION ORDER - A form of protective custody in which child welfare or police
agencies order an adult suspected of abuse to leave the home.
CUSTODIAL CONFINEMENT - Court order for placement in a secure facility, separate from
adults, for the rehabilitation of a juvenile delinquent.

Conflagration. - at around 15, four or more types of crime are added

Covert Pathway – it begins with minor, deceitful behavior that leads to property damage.This
will escalate to more serious forms of criminality such as violence.Parents whotolerate the
child

Child-saving Movement – concerned citizens eventually formed a social activist

groupcalledChild Savers,who believed that: children were born good and became bad”

Criminology - the scientific study of crime and criminal behavior and law enforcement.

Defendant Child – Is one who is without a parent, guardian or other custodian or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody.

Delinquency – Acts against norms, mores of society.

Discretion - the use of personal decision making and choice in carrying out operations in the
criminal justice system.

Due Process Model - A model of the criminal justice system that emphasizes individual rights
at all stages of the justice process.

Deviancy – Is a stage of human existence where one has ceased to believe in love whereby the
child ends up bitter, empty, lonely, resentful and in most cases emotionally infantile.

Delinquency prevention programs: Programs and service designed to keep at-risk youth from
entering the juvenile justice system.

Delinquent act: Any act committed by a youth that would be a criminal violation if committed
by an adult.

Delinquent juvenile: A youth who has been found responsible for having committed a
delinquent act--the equivalent of being found guilty of a criminal offense.

Detention: In custody (secure, non-secure, or home confinement) while awaiting an

adjudication hearing, disposition, or commitment placement.
Detention hearing: A judicial hearing generally required to be held within 72 hours of a youth
being taken into custody, at which point the court determines whether (1) there is probable
cause to believe that the youth has committed a delinquent act or a court order exists that
requires the continued detention of the youth, and (2) continued detention is required pending
an adjudicatory hearing.

Disposition hearing: The hearing in a juvenile case (like a sentencing hearing in criminal court)
at which the court receives a predisposition report containing information and
recommendations to help determine the appropriate sanction.These sanctions can include
probation, commitment to the custody of the state's department of juvenile justice, or
community-based sanctions.

Diversion: A process by which a youth is channeled from the juvenile justice system. Examples
are Informal Adjustment, Truancy Court, etc.

Diversion Program - refers to the program that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting to formal court
proceedings.

Deprivation of Liberty - refers to any form of detention or imprisonment, or to the placement of

a child in conflict with the law in a public or private custodial setting, from which the child in
conflict with the law is not permitted to leave at will by order of any judicial or administrative
authority.

Dating relationship – refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.

Detention - When a juvenile accused of committing a crime is confined while waiting for
juvenile delinquency proceedings.

Disposition - In juvenile cases when the juvenile is found to be delinquent, disposition is the
phase when the judge decides the consequences such as whether the juvenile needs
programs, supervision, or institutionalization.

Division of Juvenile Justice (DJJ) - Part of the Department of Health and Social Services that
handles most criminal cases and some civil matters involving juveniles. When a juvenile
commits a crime, DJJ assigns a juvenile probation officer to the case.

DISABLED - includes mentally-retarded, physically handicapped, emotionally-disturbed and

mentally-ill children

DEPENDENT - one who is without a parent, guardian or custodian, or whose parents, guardian
or other custodian for good cause desire to be relieved of his care and custody and is
dependent upon the public for support

DISCERNMENT - mental capacity to fully appreciate the consequences of an unlawful act.

Drunkenness - Offenses relating to drunkenness or intoxication. Excluded is driving under the

influence.

Emergence.- The child begins with petty larceny between 8 and sometime during the 12thyear.

Exploration.- He or she then may move on to shoplifting and vandalism between ages 12to 14

Explosion. - at age 13, there is a substantial increase in variety and seriousness.

Edwin Schur – Radical Non Intervention – if a child commits an offense, he should be left
alone.

Emancipation – Liberty from parental authority.

Emotionally Disturbed Children – Are those who although not afflicted with insanity or mental
defect are unable to maintain normal social relations with others and the community in general
due to emotional problems and complexes.

Epideology –Transmission.

Etiology – Delinquency

Evidence - Information offered to the court or jury to prove something which is usually either
spoken as testimony from a witness or a physical item like a photo, video, a weapon or
documents.

EDUCATIONAL MODEL - programs that assists families and children by providing them
information and let them be aware on the effects and consequences of drugs, gangs, sex and
weapons

ENDING REPEAT OFFENSES - out of the facility, youths face the challenge of readjusting to
“free life”. They must create a pattern of life separate from criminal activity.

EMPLOYMENT CONTRACT OF WORKING CHILDREN - the contract shall be signed by the

working child’s parent or legal guardian, with the express agreement of the child

EGALITARIAN – the father and the mother share similar and equal roles in the family both in
control and decision making.

ENVIRONMENTAL DELINQUENTS - characterized by occasional law-breaking

EMOTIONALLY MALADJUSTED DELINQUENTS - characterized by chronic law-breaking, a

habit which this type cannot avoid or escape from

EQUAL PROTECTION – A clause requiring government to treat similarly situated people the
same or have good reason for treating them differently. Compelling reasons are considered to
exist for treating children differently.

Euthanasia - helping another person commit suicide.

Embezzlement - is the act of stealing from your employer.

Family Home – Constituted jointly by the husband and the wife or by unmarried head of a
family, is the dwelling house where they and their family reside and the land on which it is
situated.

Felony - a crime, typically one involving violence, regarded as more serious than a
misdemeanor, and usually punishable by imprisonment for more than one year or by death:

Fine - A sum of money paid as a form of punishment.

FUNCTIONAL FAMILY THERAPY - Family therapist works with the family and helps individual
members see how they can positively motivate change in their home.

FAMILY IMMUNITY DOCTRINE - Legal doctrine preventing unemancipated children from suing
their parents.

FAMILY PURPOSE DOCTRINE - Legal doctrine holding parents liable for injuries caused by a
child's negligent driving or other actions.

FOSTER CARE - Temporary care funded via Federal-State passthrough and arranged by a child
welfare agency in order to allow receipt of adequate food, clothing, shelter, education, and
medical treatment for anyone raising a child that is not their own.

Fence - would buy stolen items for a huge discounts and then resell those items.
Graffiti - is writing or drawings scribbled,scratched or sprayed illicitly on a wall or other surface
in a public place.

Guardian ad litem - A person appointed by the court to represent the rights of a child in a legal
matter. In a juvenile delinquency case, the GAL advocates for the juvenile’s best interests.

Guilty - A plea accepting guilt, or a verdict from a judge or jury that the prosecution has met its
burden of proof.

GANG - Groups of youths who collectively engage in delinquent behaviors. Groups of young
people whose members meet together with some regularity, on the basis of group-defined
criteria of membership and group defined organizational characteristics (James Short)

GUARDIANSHIP - a trust relation of the most sacred character,in which one person, called a
guardian, acts for another, called a ward, regarded as incapable of managing his own affairs

GROOMING - refers to the act of preparing a child or someone who the offender believes to be
a child for sexual activity or sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement through any other means.

Gambling - Promoting, permitting, or engaging in illegal gambling.

Hedonism – Pleasure, highest goal of man's life.

Hedonistic Calculus – Process of weighing pleasure and pain.

Idea Of Determination – Any act committed awaits an explanation to the natural world.

Intervention - refers to a series of activities which are designed to address issues that caused
the child to commit an offense. It may take the form of an individualized treatment program
which may include counseling, skills training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-being.
Initial Contact With the Child - refers to the apprehension or taking into custody of a child in
conflict with the law by law enforcement officers or private citizens.

Intake: The process used for every youth referred to juvenile court. Intake involves screening
each youth to determine the appropriateness for release or referral to a diversionary program
or agency for nonofficial or nonjudicial handling. This screening also identifies the presence
of medical, psychiatric, psychological, substance abuse, and educational problems or other
conditions that may have caused the youth to come to the attention of law enforcement or
intake. Intake includes initial screening of a status offender to determine the recommended
action to be taken in the best interests of the youth, the family, and the community.

Interactional Theory - Originated by Terrence Thornberry, he viewed that weakening of a

child’s social bond as the fundamental cause of delinquency. The theory examined the
changing nature of relationships over the life course. It emphasized the reciprocal nature
between many of the variables used to explain delinquency

Idiot - offensive term in a now disused classification system for somebody with an IQ of
about 25 or under and a mental age of less than 3 years.

Imbecile - former classification system, somebody with an IQ between 25 and 50 and a

mental age of between three and seven years

Insane - Lacking reasonable thought: showing a complete lack of reason or foresight.

Illegitimate Child- is one who was conceived and born outside a valid marriage. An illegitimate
child who has given the rights of a legitimate child, provided the following requisites are
present

Informal adjustment - Out-of-court process used when a probation officer decides there is
enough evidence to prove the juvenile committed the crime, but it would serve the best
interests of the community and the juvenile not to prosecute. An informal adjustment can
require conditions such as paying restitution, counseling, community work service, a diversion
program or youth court.

Informal probation - This is a separate process, more like diversion, with a written contract
with the family where the minor participates in diversion activities and regular supervision to
avoid being referred to formal court.

Institutionalize - When the court orders the minor to a DJJ treatment facility for up to 2 years
for treatment and incarceration. Detention happens pre-adjudication and is reviewed by the
court every 30 days.

IN LOCO PARENTIS - Teachers, administrators, and babysitters who are viewed as having
some temporary parental rights & obligations.
IN RE GAULT (1967) – (US) - Case that determined the Constitution requires a separate
juvenile justice system with certain standard procedures and protections, but still not as many
as in adult systems.

Legitimated Child - An illegitimate child who has given the rights of a legitimate child, provided
the following requisites are present:

LURING - refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission
of sexual activity or production of any form of child pornography.(2) Bestiality;

Jeremy Bentham – Introduced punishment of imprisonment.

JJS – Juvenile Justice System

Juvenile – person/Minors/Youth whose mental and emotional faculty has not been fully
developed.

Juvenile Delinquent – Person commits any act of delinquency.

Juvenile Diversion – Offender is removed from JJS and diverted to other government
programs.

Juvenile delinquency program: Any program or activity related to juvenile delinquency

prevention, control, diversion, intervention,treatment, rehabilitation, planning, education,
training, and research.

Judge - A public official appointed to hear and decide cases in a court of law.

Jury - A group of citizens who consider the evidence presented to them in an adjudication
hearing to determine whether a juvenile is delinquent. A juvenile has the right to have a jury in
an adjudication hearing if he or she wants. Otherwise the adjudication hearing will be before
only a judge.

Kingwood Reformatory – This was established for the confinement of the “hordes of unruly
children who infested the streets of new industrial towns” of England.

Kleptomania - is an irresistible impulse to steal in the absence of economic motive.

Law Enforcement Officer - refers to the person in authority or his/her agent as defined in
Article 152 of the Revised Penal Code, including a barangay tanod.

Labeling Theory - This 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 experiences. Regardless of the cause of individuals’ delinquent
behaviors are detected, the offenders will be given a negative label that can follow them
throughout life. These label include “troublemaker”, “juvenile delinquent”, “mentally ill”,
“junkie” and more.

LIABILITIES OF PARENTS - parents and guardians are responsible for the damage or injury
caused by the child under their parental authority

LEGAL CUSTODY - in case of separation of parents, no child under SEVEN (7) YEARS OF AGE
shall be separated from his mother unless the court decides otherwise

Liquor law violations (not status) - Being in a public place while intoxicated through
consumption of alcohol or intake of a controlled substance or drug.

Mediation: A process by which a neutral third person, or mediator, encourages and facilitates
the resolution of a dispute between two or more parties. It is an informal process designed to
help the disputants reach a mutually acceptable and voluntary agreement. Decision making
authority rests with the parties.
Magna carta - A Charter of Liberty and political rights obtained from King John of England by
his rebellious Barons at Runnymede in 1215 which came to be seen as the seminal document
of English constitutional practice.

Mentoring: Generally involves providing support and guidance to and spending time on a
regular basis with a youth. Mentoring activities can include participating in sports, playing
games, shopping, taking hikes, helping with homework, and doing chores.

Magistrate judge - Judicial officer who may preside over juvenile court hearings.

MATERNITY HOME - for pregnant woman and her infant before, during and after delivery
custody

MATRIARCHAL – the mother controls and acts as the decision maker in the family.

MEDICAL APPROACH - the application of medical examinations on the individual criminal

explain the mental and physical condition of the individual prior and after the commission of
the crime (Positivist).

Miranda Doctrine - criminal suspect has the right to remain silent which means they have the
right to refuse to answer questions from the police.They have the right to an attorney and if
they can not afford an attorney, one will be provided for them at no charge.

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.

Neo-Classical Theory – Modified the classical theory, excepted the child and lunatics from
punishment.

Neglected Child - one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways:

NEGLECT – means failure to provide, for reasons other than poverty, the basic needs of the
child, such as food, clothing, medical care, shelter and basic education

NURSERY - a child-caring institution that provides care for six or more children below six years
old for all or part of a twenty-four hour day.

NEUROTIC - one who has internalized his conflicts and is preoccupied with his own feelings

Neurotic Delinquents -youths who became delinquents as a result ofdistortions in their

personality and perceptionof the world around them. Mild but something distort

Narcissistic personality Disorder - Someone with this disorder generally sees herself as very
important, needs others to see her as important, and lacks the ability to experience empathy
with others.

Offense - refers to any act or omission whether punishable under special laws or the Revised
Penal Code, as amended.

Offender -A person convicted of a crime.

Overt Pathway – it will start with minor aggression, physical fighting and then toviolence. Ex.
Bullying

Parental Authority/Partia Potestos – Rights and obligations which parents have in relation to
the persons and property of their children until their emancipation and even after this under
certain circumstances.

PD 603 – Child and Youth Welfare Code – Approval – Dec.10,1974 (Effectivity – June 10,1975)

Police – Prime mover of JJS / Backbone of CJS

Parole - An early release from prison based on complying with certain standards while free.

Poverty – Means the condition of that group whose income is low, therefore, the standard of
living is not enough to maintain normal health and efficiency.

Pro Bono - legal work done for free.

Protective factors: Factors that help to reduce the impact of risk factors in a young person's
life.

Physical Violence – refers to acts that include bodily or physical harm;

Petition - A document the juvenile probation officer or prosecutor files in juvenile court that
states the offense the juvenile is accused of committing, and the evidence that makes police or
investigators believe he or she committed that offense. If the judge agrees that there is
probable cause to support the petition, then the judge will begin juvenile delinquency
proceedings.

Plea - The defendant's response to the prosecution’s charges. A defendant may plead guilty or
not guilty.

Probable cause - Reasonable basis for believing that a crime may have been committed.

Probation - After going through an adjudication hearing, the judge and probation officer may
find it best for the juvenile to be in the community on conditions of probation under the
supervision of a probation officer. During probation, the juvenile must follow all conditions that
can include paying restitution to the victim, going to counseling or treatment, doing community
work service. Probation can last up to 1 year.

Probation Officer - Specialized probation officers who supervise youth who have been
accused or convicted of crimes and are subsequently placed on probation. Juvenile probation
officers work closely with law enforcement, social services, schools, and parents to help
juveniles become successful. They decide how to move forward to address the situation at the
start of the case. They may also be involved if the judge decides a youth is delinquent and
orders probation at the end of the case. They work for the Division of Juvenile Justice, part of
the Department of Health and Social Services.

Plaintiff - the person who brings a case against another in court of law.

Prosecutor - A government attorney who represents the citizens’ interests in criminal cases.
The prosecutor charges crimes, takes cases to trial or negotiates pleas, makes
recommendations at sentencing, and handles appeals.

PORNOGRAPHY - refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes

PRE-SCHOOL PROGRAMS - Geared more toward preparing children for school. Usually
children ages 3-5 which considers as the formative years of brain development.

PRIMARY INTERVENTION - includes general measures to promote social justice and equal
opportunity, which tackle perceived root causes of offending

PSYCHOLOGICAL INJURY – means harm to a child’ psychological or intellectual functioning

which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive
behavior

PHYSICALLY-HANDICAPPED - crippled, deaf-mute, blind and other conditions which restrict

their means of action or communication with others

PATRIARCHAL – the father controls and holds the decision making in the family.
PHYSIOLOGICAL APPROACH – the study on the nature of human being concerning his
physical needs in order to satisfy his ants. It explains that the deprivation of the physical body
on the basic needs is an important determiner of the commission if crime (Maslow).

PSYCHOLOGICAL APPROACH – it is concerned about the deprivation of the psychological

needs of man, which constitute the development of deviations of normal behavior resulting to
unpleasant emotions (Freud, Maslow).

PSYCHIATRIC APPROACH – the explanation of crime through diagnosis of mental diseases

as a cause of the criminal behavior (Positivist).

PSYCHOANALYTICAL APPROACH – the explanation of crimes based on the Freudian Theory,

which traces behavior as the deviation of the repression of the basic drives (Freud).

PRECIPITATING FACTORS - Conditions and elements which provoke crimes such as personal
problems, curiosity, ignorance, necessities, diseases, traumatic experiences and the like.

PLEADING - In juvenile court, a plea of "not guilty" will move the case to adjudication, and a
plea of "guilty" or "nolo contendere" will result in waiver of the right to trial. State procedures
vary widely in how intelligent and voluntary pleas are accepted.

Psychopath - is a predator who uses charm, manipulation, and violence to control others and
achieve her own selfish needs without experiencing any guilt or remorse.

Pyramid Scheme - a form of investment in which each paying participant recruits two further
participants with returns being given to early participants using money contributed by later
ones.

Ponzi Scheme - a form of fraud in which belief in the success of non existent enterprise is
fostered by the payment of quick returns to the first investors from money invested by later
investors.

Quasi-recidivism - Arises when the offender shall commit a felony after having been convicted
by final judgment, before beginning to serve the sentence, or while serving the same, he shall
be punished by the maximum period of the penalty prescribed by law for the new felony
besides being penalized as a habitual delinquent, applicable. (Art. 160)

Risk factors: Certain problem behaviors present risk factors in a young person's life that may
contribute to later delinquency. A few examples include the availability of drugs and firearms in
the community, family conflict, and friends who engage in problem behaviors.
Restorative Justice - refers to a principle which requires a process of resolving conflicts with
the maximum involvement of the victim, the offender and the community.

Recognizance - refers to an undertaking in lieu of a bond assumed by a parent or custodian

who shall be responsible for the appearance in court of the child in accordance with the
law,when required.

Roman Law and Canon (Church) law – Approximately two thousand years ago, made
distinction between juveniles and adults based on the notion “age of responsibility”

Repeat Offender - (life-course-persistent offender) - begins offending or showing anti-

social/aggressive behavior in adolescence or even childhood and continuous in adulthood.

Rehabilitation - An attempt to keep an offender from committing future crimes. Rehabilitation

often includes drug and alcohol treatment, education, counseling, finding and keeping a job,
and understanding the effect of the crime on the victim.

Restitution - A judge can make the defendant pay the victim of the crime for any money spent
or lost because of the crime, including medical and counseling costs, lost wages, and lost or
damaged property.

Review Hearing - Hearing to ask the judge to change a placement if the juvenile’s
circumstances have changed after being adjudicated as delinquent.

REHABILITATION CENTER - rehabilitates youthful offender and other disturbed children

RECEPTION AND STUDY CENTER - for study, diagnosis, and temporary treatment of children
with behavioral problems.

Status offenses: Non-criminal offenses only applicable to children--for example, being truant,
running away from home, possessing alcohol or cigarettes, or violating curfew.

Secondary Victims - family and friends of an individual who has been victimized.

Sheriff - Supervision of the tithing was a responsibility of the sheriff, the local representative of
the king.
Social Control Theory - This perspective 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 teams. 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.

Self-derogation Theory - Introduced by Kaplan states that all motivated 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.

sexual violence – refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

Stalking – refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child
under surveillance directly or indirectly or a combination thereof.

Sexual relations – refers to a single sexual act which may or may not result in the bearing
of a common child.

Status Hearing - Hearings about routine things like scheduling court dates and understanding
if the lawyers are ready or need more time to prepare.

SECONDARY INTERVENTION - includes measures to assist children at risk

SCHOOL - considered the second home of a child, with teachers as the second parents

STEPPARENT - A spouse of a biological parent who has no legal rights or duties to the child
other than those which have been voluntarily accepted.

SURROGATE PARENT - A parent who provided an egg, sperm, or uterus with an intent of giving
the child up for adoption to specific parties.

Socialized Delinquent –youths who became delinquent as a result of their socialassociation

with people from whom they learned deviant values

Sensational Crime - certain offenses are selected for their sensational nature and made into
national issues.Much of what we know about crime comes from the media.

Street Crime - includes a wide variety of acts both in public and private spaces including
interpersonal violence and property crime.

Stare Decisis - the legal principle of determining points in litigation according to precedent.
Latin for "to stand by that which is decided", general practice of adhering to previous decisions
when it makes new one.

Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a

judicial proceeding.

Summon - a legal document issued by a court or administrative agency of government

authoritatively or urgently call on someone to be present.

Shaken Baby Syndrome - A situation of shaking a baby. An infants brain is so vulnerable, just
one or two violent shakes can result in serious injury or even death.

Sodomy - Refers to forced anal or oral sex or those same acts when they're done concensyally
between an adult and a juvenile.

Stolen property (buying, receiving, possessing) - Buying, receiving, or possessing stolen

property, including attempts.

Truancy - is any intentional unauthorized absence from compulsory schooling.

Truant: A young person who is absent from school without permission or authorization.

Tithing - Earliest type of community organized policing. Based on principles of self-help and
collective responsibility. Each Tithing consisted of 10 men who were accountable for policing
each other.

Treatment - Programs designed to help the juvenile address their behavior, build value
systems reflective of the local culture, and restore victims and the community to the fullest
degree possible.

TERTIARY INTERVENTION - includes measures to avoid unnecessary contact with the formal
justice system and other measures to prevent re-offending

THERAPEUTIC ABORTION - recommended and performed by a certified physician when there

are health risks and complications - not punishable by law

The Criminal Gang - Emerge in areas where conventional as well as non-conventional

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

The conflict/violent gang- Non-stable and non-integrated, where there is an absence of

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

The Retreatist Gang - Is equally unsuccessful in legitimate as well as illegitimate means.

They are known as double failures, thus retreating into a world of sex, drugs, and alcohol.

TENDER YEARS DOCTRINE - Legal doctrine that unless the mother is "unfit", very young
children should be placed in custody with their mother following a divorce.

TERMINATION HEARINGS - Process for legally severing the parent-child relationship. Initiated
by the filing of a petition in family court, and almost always brought forth by a child welfare
agency. Requires a finding of "unfitness" and a determination of the best interests of the child.

UNFIT PARENT - A temporary or permanent termination of parental rights in the best interest
of the child usually for reasons of abandonment, abuse, or neglect, but also including mental
illness, addiction, or criminal record. Poverty alone and character flaws are prohibited by law
from being indicators of "unfitness"

Victimization: The result of a planned or accidental act that causes physical or psychological
harm.

Violent crime: Crimes of violence include rape, robbery, assault, or murder.

Victim Advocate - A professional who assists the victim during the post victimization period.

Verdict - The formal conclusion of a judge or jury, deciding whether the prosecution has
proven that the defendant is guilty of the crime.

Victimless Crimes - refers to offenses where there is no private offended party.

Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable.The term

includes criminal damage such as graffiti and defacement directed towards a property without
the permission of the owner.

VAWC - refers to any act or a series of acts committed by any person against a woman who is
his wife, former wife, or against a woman with whom the person has or had a sexual or dating
relations, or with whom he has a common child, or against her child, whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty

VOLUNTARILY-COMMITTED CHILD - one whose parents or legal guardian knowingly and

willingfully relinquished parental authority to the DSWD or any duly accredited child-placement
or child caring agency or institution

Welfare Model – Is the positivistic approach which holds that young offenders should be
helped rather than punished.

William Bonger – Social Conflict Theory – society is composed of the ruling class and the
ruled class.

Witnesses - People who testify at a court proceeding to provide evidence about something.

WORK PERMIT OF WORKING CHILDREN - it shall be the duty of the employer to secure permit
from the DOLE of working children employed by him

Writ - a form of written command in the name of the court or other legal authority to act or
abstain from acting in some way.

Young Offenders Fall Into Two Categories ( 1.Juveniles and 2. Young Adults – at least 17 )

Youthful Offender – below 18 years old. - Is one who is over 9 years but under 18 years of age
at the time of the commission of the offense.

Youth Rehabilitation Center - refers to a 24-hour residential care facility managed by the
Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited
NGO's monitored by the DSWD, which provides care, treatment and rehabilitation services for
children in conflict with the law.

Youth Detention Home - refers to a 24-hour child-caring institution managed by accredited

local government units (LGU's) and licensed and/or accredited non-government organizations
(NGO's) providing short-term residential care for children in conflict with the law who are
awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

Youth Court - Alternative juvenile justice system for youths in grades 7-12 who are accused of
breaking the law to be judged by their peers. Students serve as defense attorneys, prosecutors,
and judges in cases involving their peers. Defendants can resolve their legal problems without
receiving a formal juvenile record by participating in a court hearing by trained local youth.

Zones Of Peace – Children trapped in an armed conflict based on RA 7610.

Factors Affecting Juvenile Delinquency:

Family - The basic institution in our society for developing a child’s potential, in all its
many aspects like emotional, intellectual, moral and spiritual both physical and social. It
is within the family that the child must learn to curb his desires and to accept rules that
defines the time, place and circumstance under which highly personal needs maybe
satisfied in socially acceptable ways.

Home- referred to as the “cradle of human personality

Peers – The most difficult to resist of them all.

Mass Media – The most influential of the factors.

Church and Religion - Involves the inculcation of a set of moral belief that lead in the
direction of social approved behavior.

School - A public instrument for training young people. It is more directly accessible to
change through the development of new resources and policies.

Teacher – Considered as the 2nd parent of the child.

RELATED LAWS AFFECTING CHILDREN

PD 603 – It is known as the Child and Youth Welfare Code. It was approved on
December 10, 1974 and took effect on June 10, 1975.*

R.A. 6809 - Lowering the age of majority from 21 to 18 years of age.*

RA 9344 – Juvenile Justice Welfare Act of 2006. It was approved on April 28, 2006.*

RA 9262 – Anti-Violence Against Women and their Children Act of 2004.

R.A. 8044 - Created the National Youth Commission.

RA 7610 – Anti-Child Abuse Law*

R.A. 8369 – It established the “Family Court”.*

R.A. 9208 – Anti-Trafficking in Persons Act of 2003.*

R.A. 8552 – Domestic Adoption Act

R.A. 8043 – Inter-Country Adoption Act of 1995

PD No. 1619 – Anti-Sniffing of Rugby. This law is not applicable to children under the
express provision of RA 9344 (Sec 58).*

PD No. 1563 – Anti-Mendicancy Law. This law is not applicable to children under the
express provision of RA 9344 (Sec 58).*

E.O. 209 – The Family Code of the Philippines*

R.A. No. 8370 – Children’s Television Act of 1997 (violent x-rated films)
R.A. No. 8504 – Philippine AIDS Prevention and Control Act of 1998

E. RELATED TOPICS ON E.O. 209 –

THE FAMILY CODE OF THE PHILIPPINES

FAMILY – basic social institution which public policy cherishes and protects. Hence, no
suit between members of the family shall prosper unless compromise between parties has
failed. FAMILY RELATIONS INCLUDE:

1. Between husband and wife

2. Between parents and children

3. Among other ascendants and descendants

4. Among brothers and sisters, full or half blood.

MARRIAGE is a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose nature, consequences,
and incidents are governed by law and not subject to stipulation, except that marriage
settlement may fix the property relations during the marriage within the limits provided by
the Family Code.

Principles of Marriage

1. Union – Physical and spiritual mating

2. Of one man with one woman – This is monogamy, which is the ideal marriage.

3. Reciprocal Blessing – marriage is a 50-50 proposition

4. Birth – One purpose of marriage is the procreation of children.

5. Rearing – The care of both parents is essential.

6. Education of Children - It is the natural right of parents to educate their children

DEVELOPMENT OF JUVENILE JUSTICE IN THE

PHILIPPINES

1. PD 1619 – Volatile Substance Law

2. PD 603 – Child and Youth Welfare Code

3. RA 10630 – the law that amended RA 9344.

4. RA 6809 – law amending the age of majority

5. RA 7610 – Anti-Child Abuse Law

6. RA 8043 – Inter-country Adoption Law

7. RA 8552 – Domestic Adoption Law

8. RA 9208 – Anti-Trafficking in Persons Act

9. RA 9211 – Tobacco Regulation Law

10. RA 9231 – law amending RA 7610 on working children

11. RA 9255 – law on the use of father’s surname of illegitimate

children

12. RA 9262 – Anti-Violence Against Women and their Children

13. RA 9344 - Juvenile Justice and Welfare Act

14. RA 9523 – law amending the laws on adoption

15. RA 9775 – Anti-Child Pornography Act