Crim5

• Social Disorganization Theory - It was recognized early in the twentieth century by

  sociologist 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 a direct influence on the area’s delinquency rate.
• 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 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.
• *According to sociologist Robert Merton, although most people share common values and goals,

  the means for legitimate economic and social success are stratified by socio-economic class.

  Consequently, these youths may either use deviant methods to achieve their goals or reject socially

  accepted goals and substitute deviant ones.
• Strain Theory – This theory assumes that children are basically good. Only under pressure do

  they deviate. Pressure for deviance comes from their having internalized society’s goals, such

  as being successful and wanting to achieve them. But many cannot become successful by

  conforming to society’s rules. Out of desperation, they turn to crime.
• *Albert Cohen, explained why urban, lower-class boys commit delinquency. He began by identifying

  the characteristics of delinquents. They are malicious, negativistic, non-utilitarian, versatile, loyal, and

  cannot defer gratification. Cohen blames delinquency on (1) frustration experienced by children

  because of their low status and (2) their ability to live up to middle–class standards. Delinquency is

  the consequence of children expressing their frustration toward middle- class norms and institutions.
• Richard Cloward and Lloyd Ohlin blamed it on the disparity between what children are taught to

  want and what is available to them. Children joined delinquent gangs to achieve success, but

  because their legitimate path is blocked, they turn to illegitimate means in the form of delinquency

  and later on it was called as Differential Opportunity Theory.
• 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 the powerful social elites, with resulting policies aimed at

  controlling the poor.
• Differential Oppression Theory


  Theory that much serious juvenile delinquency is a product of the oppression of children by adults, particularly within the context of family
• Differential Oppression Theory


  • Proposed by John D. Hewitt and Robert Regoli
  • Maltreatment of children is highly correlated with both serious and moderate delinquency as well as other problem behaviors
  • Adult perception of children forces youths into socially defined and controlled inferior roles, including the socially constructed "juvenile delinquency" role that separates youthful and adult offenders for treatment and control
• Differential Association Theory. Asserts that criminal behavior is learned primarily within

  interpersonal groups and that youths 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.
• Social Learning Theory. This theory views that behavior is modeled through observation,

  either directly through intimate contact with others, or indirectly through intimate contact with

  others, or indirectly through media; interactions that are rewarded are copied, whereas those

  that are punished are avoided. The family may serve as a training ground for violence since

  the child perceives physical punishment as the norm during conflict situations with others.
• Drift Theory (Neutralization Theory). It proposed that juveniles sense a moral obligation to

  be bound by the law. Such a bind between a person and the law remains in place most of the

  time, they argue. When it is not in place, delinquents will drift.
• 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 labels include “troublemaker”, “juvenile delinquent”, “mentally ill”, “junkie” and more.
• Social Control Theory. This perspective states that members in society form bonds with other

  members of society or institutions 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.
• Self-control Theory. In short, self-control theory suggests that deviance simply results from

  the individual’s inability to effectively control his/her impulses. Self-control theory argues that it

  is the absence of self-control rather than the presence of some force or factor such as poverty,

  anomie, opportunities for deviance, delinquent peers, exposure to definitions favorable to

  deviance, etc. that leads to deviance.
• Culture Deviance Theory. Links delinquent acts to the formation of independent subcultures

  with a unique set of values that clash with the mainstream culture. This theory argues that

  children learn deviant behavior socially through exposure to others and modeling others’

  actions.
• Structural Functionalism Theory. Some social structures exert 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. Juveniles who engage in crimes do so, according to these perspectives, as a means to defy societies defined goals and innovate their own goals of delinquent behavior.
• Rational Choice Theory. They argue in many cases, deviance is a result of highly 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.
• Routine Activities Theory. This theory viewed that crime is a normal function of the routine

  activities of modern living; offenses can be expected if there is a motivated offender and

  suitable target that is not protected 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 to interact, the

  greater the probability of crime; reduce
• Learning Theory. Posts that delinquency is learned through close relationships 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 associated by criminal activity.
• 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 the majority from 21 to 18 years of age.
• RA 9344

  It is known as the “Juvenile Justice Welfare Act of 2006”. It was approved on April 28, 2006.
• RA 10630

  An act strengthening the Juvenile Justice System in the Philippines, amending for the purpose

  Republic Act No. 9344. This law amended the title of Republic Act No. 9344 into “An Act Establishing

  a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and Welfare

  Council under the Department of Social Welfare and Development
• RA 9262

  It is known as the “Anti-Violence Against Women and their Children Act of 2004”.
• RA 7610

  This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and

  Discrimination Act."
• R.A. 8369

  The law that established the “Family Court”. *
• R.A. 8552

  An act establishing the rules and policies on the domestic adoption of Filipino children or also known

  as “Domestic Adoption Act of 1998.”
• R.A. 8043

  An act establishing the rules to govern inter-country adoption of Flipino children or also known as

  “Inter- Country Adoption Act of 1995.”
• R.A. 6972

  Barangay Level Development and Protection of Children Act Creation of a Day-Care Center in every

  barangay.
• R.A. 9255

  An Act allowing illegitimate children to use the surname of their father amending for purpose Art. 176

  of E.O. 209 otherwise known as the “Family Code” of the Philippines.
• REPUBLIC ACT No. 9523

  An act requiring certification of the Department of Social Welfare And Development (DSWD) to

  declare a "Child Legally Available For Adoption" as a prerequisite for adoption proceedings,

  amending for this purpose certain provisions of Republic Act No. 8552, otherwise known as the

  Domestic Adoption Act of 1998, Republic Act No. 8043, otherwise known as the Inter-Country

  Adoption Act of 1995, Presidential Decree No. 603, otherwise known as the Child and Youth Welfare

  Code, and for other purposes.
• Dependent Child - one who is without a parent, guardian or custodian; or one whose parents,

  guardian or other custodian for good cause desires to be relieved of his care and custody; and is

  dependent upon the public for support.
• Abandoned Child - one who has no proper parental care or guardianship, or whose parents

  or guardians have deserted him for a period of at least six (6) continuous months.

  Take Note: This provision was further amended by RA 9523 in which Abandoned Child may refer to a

  child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for

  a period of at least three (3) continuous months, which includes a founding. “Foundling” means an

  infant that has been abandoned by its parents and is discovered and cared for by others.
• Neglected Child- refers to a child whose basic needs have been deliberately unattended or

  inadequately attended within a period of three (3) continuous months. Neglect may occur in two (2)

  ways;
• (a) There is physical neglect when the child is malnourished, ill-clad, and without proper shelter. A

  child is unattended when left by himself/herself without proper provisions and/or without proper

  supervision.

  (b) There is emotional neglect when the child is maltreated, raped, seduced, exploited,

  overworked, or made to work under conditions not conducive to good health; or is made to beg in the

  streets or public places; or when children are in moral danger, or exposed to gambling, prostitution,

  and other vices.
• 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. 169. Classification of Mental Retardation. - Mental Retardation is divided into four