SUBSTANCE ABUSE AND JUVENILE

DELINQUENCY

SUBMITTED BY

ROHIT BARUAH

SM0115041

FACULTY IN CHARGE

Ms. Preeti Priyam Sharma

NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

GUWAHATI
20 NOVEMBER 2016
 CONTENTS

1 INTRODUCTION
1 Research Questions
2 Literature Review
3 Scope of the study
4 Objectives of the study
5 Research Methodology

2 SUBSTANCE ABUSE AND JUVENILE DELINQUENCY

3 ACTS PASSED AGAINST JUVENILE DELINQUENCY

4 CASE STUDIES ON JUVENILE DELINQUENCY RELATED TO

SUBSTANCE ABUSE

5 IMPACT OF JUVENILE DELINQUENCY IN THE SOCIETY

6 CONCLUSION

7 BIBLIOGRAPHY

INTRODUCTION
Juvenile delinquency refers to the antisocial or criminal activity of the child (below 16 years
of age for boys and 18 years for girls) which violates the law. In true context, that same
activity would have been a crime if it was committed by the adult.

Juvenile delinquency is a gateway to adult crime, since a large percentage of criminal careers
have their roots in childhood causing serious problems all over the world. Today, it has
become a topic of great concern and needs to be discussed at a serious note. The complexity
grows as we go into the statistical data of developed countries when compared to the still
developing ones. A total of 44284 crimes were committed by the juvenile offenders during
1978 which showed an increase of 0.6% over 1977. It has been noted that theft and robbery
add to a major percentage of these crimes. Murder, rape, dacoity, burglary, kidnapping are a
few more that add to the rest of it. On the basis of the available statistics, an inference can be
drawn that these crimes are on the increasing path.

The term juvenile has been defined in clause (h) of Section 2 of the Juvenile Justice Act,
1986. The term delinquency has been defined in clause (e) of section 2 of the Juvenile
Justice Act, 1986.

Structural-functional theories regard delinquent behavior as the consequence of strains or

breakdowns in the social processes that produce conformity. These theories focus on
institutions, such as the family and school, that socialize individuals to conform their
behavior to values of the surrounding society and on the ways in which these institutions can
fail in this task. Wide agreement or consensus is assumed about which behaviors are valued
and disvalued in society.

Anomie Theory. The roots of functional theory are found in Durkheim's notion
of anomie([1897] 1951). To Durkheim, this term meant an absence of social regulation, or
normlessness. Merton (1938, 1957) revived the concept to describe the consequences of a
faulty relationship between goals and the legitimate means of attaining them. Merton
emphasized two features of social and cultural structure: culturally defined goals (such as
monetary success) and the acceptable means (such as education) to their achievement.
Merton argued that in our society success goals are widely shared, while the means of or
opportunities for attaining them are not.

Merton's theory is used to explain not only why individual adolescents become delinquents
but also why some classes are characterized by more delinquency than others. Since members
of the lower- or underclass are assumed to be most affected by the disparity between the
goals and the means of attaining success, this class is expected to have a higher rate of
delinquent behavior. Merton outlined a number of ways individuals adapt when faced with
inadequate means of attaining their goals. Among these, innovation revolves substituting
illegitimate for legitimate means to goal attainment; it is the resort to this adaptation that is
thought to account for much theft among adolescents from the underclass.
Subcultural Theory. Group-based adaptations to the failure to attain success goals involve
thedelinquent subculture. Cohen (1955) suggests that children of the underclass, and potential
members of a delinquent subculture, first experience a failure to achieve when they enter
school. When assessed against a "middle-class measuring rod," these children are often found
lacking. A result is a growing sense of "status frustration." Underclass children are simply not
prepared by their earliest experiences to satisfy middle-class expectations. The delinquent
subculture therefore emerges as an alternative set of criteria or values that underclass
adolescents can meet.

Differential Opportunity Theory. Cloward and Ohlin (1960) argue that to understand the
different forms that delinquent and ultimately criminal behavior can take, we must consider
the different types of illegitimate opportunities available to those who seek a way out of the
underclass and where these opportunities lead. Different types of community settings produce
different subcultural responses. Cloward and Ohlin suggest that three types of responses
predominate, each one leading to its own respective subculture: a stable criminal subculture,
a conflict subculture, and a retreatist subculture.

The stable criminal subculture offers, as its name suggests, the most promising (albeit still
illegitimate) prospects for upward economic mobility. According to Cloward and Ohlin, this
subculture can emerge only when there is some coordination between those in legitimate and
in illegitimate rolesfor example, between politicians or police and the underworld. One
pictures the old-style political machine, with protection provided for preferred types of illegal
enterprise. Only in such circumstances can stable patterns be established, allowing
opportunities for advancement from adolescent to adult levels of the criminal underworld.
When legitimate and illegitimate opportunity structures are linked in this way, the streets
become safe for crime, and reliable upward-mobility routes can emerge for aspiring
criminals.

Social Disorganization Theory- The earliest North American efforts to explain crime and
delinquency in terms of social control focused on the absence of social bonds at the
community level. Entire neighborhoods were seen as being socially disorganized, as lacking
the cohesion and constraint that could prevent crime and delinquency. This work began in the
late 1920s, when Clifford Shaw and Henry McKay (1931, 1942) sought to identify areas of
Chicago that were experiencing social disorganization. They explored the process that
characterized these communities. What they found were indications of what they assumed to
be social disorganizationtruancy, tuberculosis, infant mortality, mental disorder, economic
dependency, adult crime, and juvenile delinquency. In Chicago, the rates of these conditions
were highest in the slums near the city center; they diminished in areas farther away from the
center. Since these problems were assumed to be contrary to the shared values of area
inhabitants, they were taken as indications that these areas were unable to realize the goals of
their residents. In other words, they were taken as indicators of social disorganization.

Shaw and McKay also attempted to determine the sorts of community characteristics that
were correlated with delinquency so that they could infer from these characteristics what the
central components of social disorganization were and how they caused delinquency. Three
types of correlates were identified: the economic status of the community, the mobility of
community residents, and community heterogeneity. The implication was that poverty, high
residential mobility, and ethnic heterogeneity led to a weakening of social bonds or controls
and, in turn, to high rates of delinquency. All of this was being said of the neighborhoods
Shaw and McKay studied; it was left to later theories to spell out the meaning of weakened
neighborhood bonds or controls for individuals.

Control Theory. At the level of individuals, to have neither goals nor means is to be
uncommitted and thus uncontrolled. Hirschi (1969) has argued that the absence of control is
all that really is required to explain much delinquent behavior. There are other types of
controls (besides commitment to conformity) that may also operate: involvement in school
and other activities; attachments to friends, school, and family; and belief in various types of
values and principles. Hirschi argues that delinquent behavior is inversely related to the
presence of these controls. Alternatively, as these controls accumulate, so too does
conformity. According to control theory, the more committed, attached, involved, and
believing individuals are, the greater is their bond to society. Again, Hirschi's point is that no
special strain between goals and means is necessarily required to produce delinquent
behavior; all that is required is the elimination of the constraining elements of the social
bond.

Researchers consistently find a strong link between Substance use problems and serious
delinquency, regardless of how they structure the inquiry.

Studies of youth in juvenile court demonstrate that a majority of court-involved adolescents

have recently used illegal substances and that more serious and chronic adolescent offenders
have used more substances and are more likely to qualify for a diagnosis of a substance use
disorder (Arrestee Drug Abuse Monitoring Program, 1999; Huizinga and Jakob-Chien, 1998;
Wilson et al., 2001; Teplin et al., 2002).

Investigators who study large samples of community youth observe a strong association
between reported serious offending and substance use in these groups (Johnston, OMalley,
and Bachman, 2006; Ford, 2005).

Researchers who follow adolescent offenders over time find that substance use at one age is
one of the most consistent indicators of continued serious offending at a later age (Dembo et
al., 1993; Lipsey and Derzon, 1998; Dembo, Wareham, and Schmeidler, 2007; DAmico et
al., 2008; Hussong et al., 2004). The issue of when and how individuals develop these co-
occurring patterns of substance use and illegal activity is less clear. Some of the same factors
that put an individual at risk for involvement in criminality also put that individual at risk for
substance use problems (Hawkins, Catalano, and Miller, 1992; Iacono, Malone, and McGue,
2008; Mamorstein, Iacono, and McGue, 2009). Parental substance use disorders, poor
parenting, conflictual family environments, and dispositional factors such as sensation
seeking and behavioral disinhibition place an adolescent at higher risk of using drugs and
alcohol and/or engaging in illegal acts (Hawkins, Catalano, and Miller, 1992). In addition,
adolescents with poor affect regulation, high levels of environmental stress, or depression
may use drugs and alcohol to medicate themselves as a coping mechanism. However, these
relations are less consistently foundespecially once externalizing behaviors (e.g.,
substance use and criminal offending) are considered and often appear in complex
interactions (Hersh and Hussong, 2009). The relation between negative mood and alcohol use
has been reported to be stronger among adolescents with fewer conduct problems1

RESEARCH QUESTIONS

Q-1 What is the relation of juvenile delinquency with substance abuse?

Q-2 What are the different acts passed against juvenile delinquency?

Q-3 What are the case studies related to substance abuse and juvenile delinquency?

Q-4 What is the impact of juvenile delinquency in society?

Q-5 Why is juvenile delinquency and substance abuse related to juvenile delinquency a
persistent problem in our society?

LITERATURE REVIEW

Adam D Reich,Hidden Truth: Young Men Navigating Lives in and out of Juvenile Prison,
University of California Press, 2010

The book offers an interpretive account of juvenile delinquency within the modern inner city,
an environment which is characterized by a long history of social deprivation and high rates
of crime. A wide range of topics are explored, such as young people's motivation for,
frequency of and attitudes towards a variety of illegal behaviors, such as street robbery,
burglary, theft, drug use, drug selling, and violence. Why do young people commit these
offences? Who do they commit them against? How do they feel afterwards? This book
attempts to answer these important theoretical questions, utilizing ethnographic research
1 Ram Ahuja, Social Problems in India, Third ed. (Revised),
2015,http://study.com/academy/lesson/what-is-juvenile-delinquency-definition-theories-
facts.html
http://www.sunypress.edu/p-2055-an-introduction-to-the-sociolog.aspx
Adam D reich, Hidden Truth:Young men in navigating in and out of juvenile prison,2010
collected over a seven year period and based around the London inner city borough of
Lambeth.

Nizam Azeez Sait (Advocate), Juvenile Justice - Care and Protection of Children Act,
2000,2014

The book focuses on juvenile delinquency, legal term for behavior of children and
adolescents that in adults would be judged criminal under law. In the United States,
definitions and age limits of juveniles vary, the maximum age being set at 14 years in some
states and as high as 21 years in others. The 16- to 20-year age group, considered adult in
many places, has one of the highest incidences of serious crime. A high proportion of adult
criminals have a background of early delinquency. Theft is the most common offense by
children; more serious property crimes and rape are most frequently committed in later youth.
The causes of such behavior, like those of crime in general, are found in a complex of
psychological, social, and economic factors. Clinical studies have uncovered emotional
maladjustments, usually arising from disorganized family situations, in many delinquents.
Other studies have suggested that there are persisting patterns of delinquency in poverty-level
neighborhoods regardless of changing occupants; this "culture of poverty" argument has
come into disrepute among many social scientists. The gang, a source of much delinquency,
has been a common path for adolescents, particularly in the inner cities. Not until the
development, after 1899, of the juvenile court was judgment of youthful offenders effectively
separated from that of adults. The system generally emphasizes informal procedure and
correction rather than punishment. In some states, psychiatric clinics are attached, and there
has been a tendency to handle cases in public welfare agencies outside the court. Juvenile
correctional institutions have been separated from regular prisons since the early 19th cent.,
and although most are inadequate, some have developed intensive rehabilitation programs,
providing vocational training and psychiatric treatment. The parole system, foster homes,
child guidance clinics, and public juvenile protective agencies have contributed to the
correction of delinquent and maladjusted children. Especially important for prevention is
action by community groups to provide essential facilities for the well-being of children. On
an international level, delinquency rates are highest in the more economically and
technologically advanced countries

Ram Ahuja , Social Problems in India,Rawat Publications, 3rd Revised and updated
edition

'Social Problems in India' is one of the leading books on the subject of sociology. This is a
revised and updated edition that is somewhat different from the previous editions in the sense
that 5 new chapters are added to it, namely Domestic Violence, Ageing and Elder Abuse,
Tribal Unrest, Globalization & Consumerism and Agricultural Distress & Farmer Suicides.
Also, certain other disturbing issues are included, like honour killings, acid attack, cyber
crimes, terrorism, alcoholism, communal unrest, drug abuse and child abuse, violence against
women, youth unrest, black money, population explosion, unemployment, poverty and
illiteracy.

The 3rd edition has been able to maintain the country-wide recognition which was created by
the earlier 2 editions. The book is presented with sociological perspective being its main
background. The book is most relevant for students studying sociology but is also equally
material for people from all respects of life. It is useful for students who are preparing for
competitive examinations and also to administrators, policy makers and planners

OBJECTIVES

To study the impact of substance abuse in juvenile delinquency

To study different case studies on juvenile delinquency

To understand different acts on juvenile delinquency

To study the impact of juvenile delinquency on society

RESEARCH METHODOLOGY

The researchers have adopted Doctrinal type of research approach.

Help from library resources and websites was taken.

The researchers are working on a relatively unstudied topic or area of knowledge
with purpose of finding out unknown or partially known facts.

The researchers adapted Descriptive type of research design.

The researchers adapted Explanatory type of research design.

CHAPTER-2 SUBSTANCE ABUSE AND JUVENILE DELINQUENCY

When young people engage in alcohol and other drug use, they, their families, and their
communities usually suffer. Persistent substance abuse among youth is often accompanied by
an array of problems, including academic difficulties, health-related consequences, poor peer
relationships, mental health issues, and involvement with the juvenile justice system.

Academics

Declining grades, absenteeism from school and other activities, and increased potential for
dropping out of school are problems associated with adolescent substance abuse. Hawkins,
Catalano, and Miller (1992) cite research indicating that a low level of commitment to
education and higher truancy rates appear to be related to substance use among adolescents.
Cognitive and behavioral problems experienced by alcohol- and drug-using youth may
interfere with their academic performance and also present obstacles to learning for their
classmates (Bureau of Justice Statistics, 1992).

Physical health

Injuries due to accidents (such as car accidents), physical disabilities and diseases, and the
effects of possible overdoses are among the health-related consequences of teenage substance
abuse. Disproportionate numbers of youth involved with alcohol and other drugs face an
increased risk of death through suicide, homicide, accident, and illness.

The Drug Abuse Warning Network (DAWN) study -- in a representative sample of hospitals
throughout the United States -- reports trends in people seeking emergency department
treatment related to illegal drug use or nonmedical use of legal drugs. Preliminary 1994
estimates indicate drug-related emergency department episodes for youth ages 12 to 17
increased by 17 percent from 1993 to 1994. This increase was greater than for any of the
older age groups reported. Significantly, emergency department visits related to
marijuana/hashish for youth ages 12 to 17 increased 50 percent between 1993 and 1994
(McCaig, 1995). Ninety-one youth between the ages of 12 and 17 died of drug abuse in 1993
(Office of Applied Studies, 1994).

Transmission of HIV/AIDS primarily occurs through exposure to body fluids of an infected

person during sexual contact or through sharing of unsterile drug-injection equipment.
Another primary means of transmission is from mothers to infants during pregnancy or the
birth process. Many substance-abusing youth engage in behavior that places them at risk of
contracting HIV/AIDS or other sexually transmitted diseases. This may include the actual use
of psychoactive substances (particularly those that are injected) or behavior resulting from
poor judgment and impulse control while experiencing the effects of mood-altering
substances. Rates of AIDS diagnoses currently are relatively low among teenagers, compared
with most other age groups. However, because the disease has a long latency period before
symptoms appear, it is likely that many young adults with AIDS were actually infected with
HIV as adolescents.

Although alcohol-related traffic fatalities for youth have declined, young people are still
overrepresented in this area. In 1995 alone, more than 2,000 youth (ages 15 to 20) were killed
in alcohol-related car crashes (National Highway Traffic Safety Administration, 1997).

These limited examples illustrate the catastrophic health-related consequences of substance

abuse among adolescents. Besides personal and family distress, additional healthcare costs
and loss of future productivity place burdens on the community. Mental health problems such
as depression, developmental lags, apathy, withdrawal, and other psychosocial dysfunctions
frequently are linked to substance abuse among adolescents. Substance-abusing youth are at
higher risk than nonusers for mental health problems, including depression, conduct
problems, personality disorders, suicidal thoughts, attempted suicide, and suicide. Marijuana
use, which is prevalent among youth, has been shown to interfere with short-term memory,
learning, and psychomotor skills. Motivation and psychosexual/emotional development also
may be influenced .Substance-abusing youth often are alienated from and stigmatized by
their peers. Adolescents using alcohol and other drugs also often disengage from school and
community activities, depriving their peers and communities of the positive contributions
they might otherwise have made. In addition to personal adversities, the abuse of alcohol and
other drugs by youth may result in family crises and jeopardize many aspects of family life,
sometimes resulting in family dysfunction. Both siblings and parents are profoundly affected
by alcohol- and drug-involved youth . Substance abuse can drain a family's financial and
emotional resources. The social and economic costs related to youth substance abuse are
high. They result from the financial losses and distress suffered by alcohol- and drug-related
crime victims, increased burdens for the support of adolescents and young adults who are not
able to become self-supporting, and greater demands for medical and other treatment services
for these youth (Gropper, 1985).

There is an undeniable link between substance abuse and delinquency. Arrest, adjudication,
and intervention by the juvenile justice system are eventual consequences for many youth
engaged in alcohol and other drug use. It cannot be claimed that substance abuse causes
delinquent behavior or delinquency causes alcohol and other drug use. However, the two
behaviors are strongly correlated and often bring about school and family problems,
involvement with negative peer groups, a lack of neighborhood social controls, and physical
or sexual abuse (Hawkins et al., 1987; Wilson and Howell, 1993). Possession and use of
alcohol and other drugs are illegal for all youth. Beyond that, however, there is strong
evidence of an association between alcohol and other drug use and delinquent behavior of
juveniles. Substance abuse is associated with both violent and income-generating crimes by
youth. This increases fear among community residents and the demand for juvenile and
criminal justice services, thus increasing the burden on these resources. Gangs, drug
trafficking, prostitution, and growing numbers of youth homicides are among the social and
criminal justice problems often linked to adolescent substance abuse. Consistent and
substantial evidence exists that supports the relationship between substance abuse and
criminal behaviors in youth.Youthful offenders demonstrate elevated rates of substance abuse
in comparison to non-offending youth. Substance abuse often increases recidivism and
reflects a deeper involvement in the juvenile justice system.Drug and alcohol use also
increases the likelihood that a youthful offender will have prolonged interaction with the
juvenile justice system. In addition, substance abuse produces antisocial behavior in youth.
Severe substance abuse is associated with increased rates of offending and more serious
offenses. Furthermore, the younger the child is at the onset of substance use usually reflects
greater probabilities for severe and chronic offending

2 https://www.ncjrs.gov/html/ojjdp/jjbul9712-1/substan.htmlRam Ahuja, Social Problems in

India, Third ed. (Revised), 2015,
http://reclaimingfutures.org/substance-abuse-among-teen-offenders
CHAPTER-3 ACTS PASSED AGAINST JUVENILE DELINQUENCY

JUVENILE DELINQUENCT ACTS IN CANADA

The 1908 Juvenile Delinquents Act (JDA) represented a major philosophical change
concerning juvenile delinquent treatment.

Before 1908, children in conflict with the law were treated similar to adult
criminals, often receiving harsh sentences for relatively minor crimes.
Furthermore, despite provisions in the 1892 Canada Criminal Code, they were
frequently detained with adults while awaiting trial and sentenced to adult prisons.

The Acts main features included the following:

Establishing a separate justice system for youth, with separate courts;

Granting youth court judges a parens patriae or pseudo-parental role. In

sentencing, judges focused on rehabilitation, not on dispensing punishment based
on the seriousness of the offence;

Establishing that seven would remain the minimum age under which a child could
be charged with a criminal offence, while children under 12 could only be
committed to an institution if no other option was available;

Establishing a Juvenile Court Committee, consisting of probation officers and

volunteers, to assist the judge in sentencing recommendations;

http://alcoholrehab.com/drug-addiction/delinquency-and-substance-abuse/
 Increasing sentencing options for judges; and

Encouraging parental involvement in the process

In 1982, Parliament passed the Young Offenders Act (YOA). Effective beginning in 1984, the
Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act. The
Young Offenders Acts purpose was to shift from a social welfare approach to making youth
take responsibility for their actions.

The guiding principles of the Young Offenders Act included the following:

Young people who commit offences must take responsibility for their actions;
however, young people have special needs and cannot be held accountable for
their illegal actions in the same way as adults;

Society has a right to be protected from offences committed by youth; however,

where possible, it is in societys best interest to address youth crime through social
and community-based solutions, rather than incarceration;

Children have legal rights and freedoms, including those outlined in the Canadian
Charter of Rights and Freedoms; and

Parents right to be notified of court proceedings affecting their child.

Comparison to the Juvenile Delinquents Act

The legalistic approach of the Young Offenders Act represented a major change in legislation
dealing with the treatment of juvenile delinquents:

It did not allow for indeterminate sentencing. Under the original 1984 Young
Offenders Act, the maximum sentence for crimes that would incur a life sentence if
committed by an adult was three years;

It raised the minimum age for charging a child from seven to 12;

It legislated the use of alternative forms of sentencing for youth, such as making
restitution or performing a community service.

The Young Offenders Act did not change the minimum age for adult court transfers. Fourteen
remained the age at which youth charged with more serious offences could be transferred to
adult court.
The Youth Criminal Justice Act (2003)

In 1997, the Standing Committee on Justice and Legal Affairs submitted a report to the
House of Commons containing 14 recommendations for overhauling the Young Offenders
Act. Key reforms, including clarifying the legislation's guiding principles to dealing with
youth delinquency and justice, developing and strengthening alternatives to incarceration
when dealing with youth offenders, and lowering the minimum age of criminal liability to
include 10- and 11-year-old offenders.

In 1998, the federal government, under Liberal Prime Minister Jean Chrtien , announced a
new strategy for youth justice. In March 1999, the government introduced Bill C-68 [later C-
3, then C-7] in the House of Commons, the first version of the Youth Criminal Justice Act.
Passed in the House in February 2002. The new Act came into effect in April 2003, replacing
the Young Offenders Act.

JUVENILE DELINQUENCY ACTS IN USA

Prior to 1938, there was no federal legislation providing for special treatment for juveniles. In
1938, the Federal Juvenile Delinquency Act was passed with the essential purpose of keeping
juveniles apart from adult criminals. The original legislation provided juveniles with certain
important rights including the right not to be sentenced to a term beyond the age of twenty-
one. This early law also provided that an individual could be prosecuted as a juvenile
delinquent only if the Attorney General in his discretion so directed. The 1938 Act gave the
Attorney General the option to proceed against juvenile offenders as adults or as delinquents
except with regard to those allegedly committing offenses punishable by death or life
imprisonment. The Juvenile Delinquency Act was amended in 1948, with few substantive
changes.

In 1974, Congress adopted the Juvenile Justice and Delinquency Prevention Act (hereinafter
referred to as "the Act"). Its stated purpose was "to provide basic procedural rights for
juveniles who came under federal jurisdiction and to bring federal procedures up to the
standards set by various model acts, many state codes and court decisions". S. Rep. No. 1011,
93 Cong., 2d Sess., reprinted in 1974 U.S.C.C.A.N. 5283, 5284. The purpose of the Act is to
remove juveniles from the ordinary criminal process in order to avoid the stigma of a prior
criminal conviction and to encourage treatment and rehabilitation. United States v. One
Juvenile Male, 40 F.3d 841, 844 (6th Cir. 1994). This purpose, however, must be balanced
against the need to protect the public from violent offenders. Id. The intent of federal laws
concerning juveniles are to help ensure that state and local authorities would deal with
juvenile offenders whenever possible, keeping juveniles away from the less appropriate
federal channels since Congress' desire to channel juveniles into state and local treatment
programs is clearly intended in the legislative history of 18 U.S.C.A. 5032. United States v.
Juvenile Male, 864 F. 2d 641, 644 (9th Cir. 1988). Referral to the state courts should always
be observed except in the most severe of cases.

JUVENILE DELINQUENCY IN UNITED KINGDOM

The UN Convention on the Rights if the child stipulates that children should be protected
from custody whenever possible and when deprived of liberty should be treated with
humanity and respect. In Article 37 of the convention it is stated that imprisonment of a child
shall be used only as a measure of last resort and for the shortest appropriate period of time.
Juvenile crime and punishment can be different from the types of punishments that are
ordered in adult criminal cases. The first court established expressly for Juvenile was built in
Chicago in 1899 to address the issue of juvenile crime and punishments. Juvenile crime and
punishments peaked in 1994. The 1990s saw a swell of public scrutiny over the perceived
juvenile crime epidemic. In an effort to crack down on juvenile crime and punishments, many
state legislatures have adopted harsher laws regarding juvenile crimes. In 2002, 2.3 million
juveniles was arrested for committing crimes. The 1908 Children Act created a separate and
distinct system of justice board on the juvenile court; the 1993 Children and Young Persons
Act formally required the court to take account of welfare consideration in all cases involving
child offenders, and the 1969 Children and Young Person Act advocated the phasing out of
criminal in favour of civil proceedings. England and Wales adherence to principles of
childrens rights clearly does not clearly preclude the pursuit of policies with exacerbate
structural inequalities and punitive institutional regimes.

A child under the age of 10 should not be arrested according to the Section 16 of the Children
and Young Person Act,if a juvenile arrested and later he turns out to be below the age of 10
years he should be released immediately according to Section 34(2) of Police and Criminal
Evidence Act. A Child may be only kept in police custody for 72 hours and as soon as
possible the constable concerned should make arrangements for the investigations to take
place. After a juvenile has been charged and if he is detained he must be brought in front of
the magistrates court in accordance with the provisions of Section 46(1),as soon as is
practicable and in any event, in all circumstances not later than the day of the following
charge. A juvenile who has been arrested under a warrant should not be released to Schedule
6, Para 19 (b) of the Police and Criminal Evidence Act. A juvenile must not be detained in a
police cell unless no other accommodation is available and the custody officer does not think
it is practical to supervise him if he not placed in a cell. Section 50 of the Children and Young
Person Act, 1933it has been stated that it shall be conclusively presumed that no child under
the age of 10 can be guilty of an offence. Between the ages of 10 14 years a child is
presumed not to know the difference between right and wrong and therefore incapable of
committing a crime because lack of mens rea. Wrong means gravely wrong, seriously wrong,
evil wrong or morally wrong. This is a reputable presumption and the burden of rebutting it is
upon the prosecution as was also held in the case of J.M. vs. Runeckles. From the cases
of CH vs. DDPthere were five relevant principles laid down which are not contentious:
1.The presumption of doli incapax can only be rebutted by clear positive evidence that a child
knew that his act was seriously wrong.
2.Evidence of the omission of the acts amounting to the offence itself is not sufficient to rebut
the presumption.
3.Interviews with the child are capable of proving the necessary insight into the mental
functions of the child from which inferences may be drawn to rebut the presumption.
4.The conduct of the child before or after the act may go to prove his guilt mind.
5.The older the child is and the more obviously wrong the act, the easier it will generally to
prove guilt knowledge.

In IPH vs. Chief Constable of South Wales, a 11 years old boy was said to have enough
knowledge that his act was causing a damage to the motor vehicle and also in the case ofJ.M.
vs. Runeckleswhere a 13 year old who attacked under kid with a milk bottle, must have
known that it was seriously wrong to engage in such a behavior. In the case ofDirector of
Public Prosecutions vs. K & Bchildren below 14 years of age of 14 years of age were
convicted for rape and indecent assault as the children were found with guilt mind leading to
the mens rea. In Powells where a 16 years old with a previous conviction for indecent assault
received six years Section 53(2) detention of rape of a 15 year old girl, illustrates the courts
attempt to balance the various considerations posed by the very serious youthful offenders.
3

JUVENILE JUSTICE IN INDIA

In India, the definition of juvenile delinquency present no such problems as are faced by in
the USA and some other countries. The concept is confined to the violation of ordinary penal
law of the country so far as the jurisdiction of the Juvenile Court is concerned. The present
law which governs the juveniles who are in conflict with law and children who are in need of
care and protection is calledJuvenile Justice (Care and Protection of Children) Act, 2000.This
law ha replaced the earlier law governing juveniles and which was known as Juvenile Justice
Act, 1986 which was in conformity with thw UN Standard Minimum Rules for the
administration of Juvenile Justice (also known as Beijing Rules, 1985).

Juvenile under the Indian Penal Code

According to Section 82up to 7 years of age there is an absolute irrefutable presumption that
the child is doli incapax. This immunity is granted to the children below seven years on the
pragmatic approach of the state that children below seven years are not capable hence they do
not have the capacity to have the requisite mens rea. According to Section 83, if the child
does not attain maturity of mind the burden of proof lies with the child. To make them liable
they must attain maturity of mind and this is called mischievous discretion under English
Law. The children of this age will have to prove that there was no maturity of mind when the
act committed and therefore no mens rea.In the case ofR. vs. Krishnawhere a child of 9 years
stole a silver chain and sold it in 5 annas the lower courts convicted the buyer and acquitted
the child. The High Court held that in this case the child is wrongfully acquitted. In the case
ofHarilal Mallick vs. State of Biharit was held that not only a proof of a child being under 12
but also it has to be proved that the child did not have enough understanding at that point of
time and was immature. If no sufficient proof is laid down in front of the court to prove the
3
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ov/usam/criminal-resource-manual-116-juvenile-delinquency-prosecution-introduction
Adam D reich, Hidden Truth:Young men in navigating in and out of juvenile prison,2010
immaturity of the child then it will be presumed that the child accused intended to do what
he really did. Thus in this case where a child of 12 or so used a sharp sword in killing a
person along with his two brothers and no evidence either of age or immaturity or
understanding was led on his behalf, thus held liable.

Juvenile Justice under Juvenile Justice Act

Juvenile or child means a person who has not completed eighteen years of age.The Act
provides the uniform age both boys and girls where as under the Juvenile Justice Act, 1986
there was different age for boys and girls, but this law ha been replaced now.This definition is
wider than the definition provided under Section 82 and 83 of the Indian Penal Code. The Act
provides that no juvenile can be sentenced to death or imprisonment or committed to prison
in default of payment or in default of furnishing security. The Act stipulates that the Juvenile
should be sent home advice or admonition, released on probation of good conduct and placed
under the care of parent or guardian or sent to a special home.

Issues of Age Determination

Age determination has been a tricky and controversial issue in Juvenile Justice. A number of
cases have been decided by the court in this regard. In the context of juvenile legislation in
India, a juvenile is a person who has not completed eighteen years of age. Only children
below seven to twelve years of age who are sufficiently mature to understand the
repercussions if their act and children between twelve to eighteen years of age can be tried
under Juvenile Justice Act as children below seven years of age have been granted blanket
immunity, as mentioned above, by the Indian Penal Code. The objective is not to treat such
children as adults for their criminal behavior but to reform and rehabilitate them.The issue of
age determination is controversial because there is no clarity on the point. Even in the case of
Indian Penal Code, Section 82 & 83 talk about children below and above seven years of age
but it is silent about seven year old children. Who is to determine the age bracket they fall in?
Section 49 (1) of the Juvenile Justice Act, 2000 confers the power on competent authority to
determine whether the person brought it is a juvenile, if he/she appears to be so. But the
procedure to determine juvenility of a person cannot br relied on. The two ways to determine
age of the accused are documentary evidence and medical evidence. In Jaya Mala vs. Home
Secretary, Government of J&K,the apex court held that the age as ascertained by medical
examination is not conclusive proof of age. It is mere opinion of the doctor and a margin of 2
years could be on either side. In another high profile case, Bhoop Ram vs. State of U.P., the
court held that in case of conflict between documentary evidence and medical report, the
documentary evidence will be considered to be correct. This leads one to the conclusion that
all that it needs to establish and convince court that a criminal is a juvenile is documentary
proof. Now documentary proof is one of the easiest thing to obtain in our country whether it
is to get a license one is legally not entitled to or for furnishing age proof in the country. In
such a case, even if we were to turn to medical examination, which is held not to be hundred
percent conclusive proof by even medicos. By the Allahbad High Courts own admission, a
doctor is not always truthful. In Smt. Kamlesh and anr. vs. State of U.P. the court maintained
that a professional witness is prone to side with a party that engages his/her services. Thus, a
doctor is not always truthful. A part from the conclusive determination of age, the question of
the date when age has to be taken into account has also been a matter of controversy. In Arnit
Das vs. State of Bihar, overruled held that the date of commission of offence is irrelevant and
it is the date of bringing the accused in the court that has to be taken into account. This was
again corrected in Pratap Singh vs. State of Jharkhand where the court held that, the
reckoning date for the determination of the age of the juvenile is the date of an offence and
not the date when he is produced before the authority or in the court.

CHAPTER-4 CASE STUDIES ON JUVENILE DELINQUENCY

RELATED TO SUBSTANCE ABUSE

When young people engage in alcohol and other drug use, they, their families, and their
communities usually suffer. In some cases, because of the strong association between
substance abuse and delinquency, an increased burden is also placed on the juvenile justice
system.

Since 1992, the high rate of illicit drug use among youth has been steadily increasing.

According to the Monitoring the Future study (previously called the High School
Senior Survey), which has measured the use of alcohol, tobacco, and other drugs by
the Nation's youth since 1975, drug use among 12th graders peaked in 1981, with
slightly more than 65 percent of seniors having reported past use of an illicit drug.
This figure dropped to a low of 40.7 percent by 1992. In 1993, however, this
downward trend began to reverse. By 1996, 50.8 percent of high school seniors
reported having used illicit drugs (Monitoring the Future Study, University of
Michigan, 1996).

Young people are using mood-altering substances at increasingly younger ages. The
National Household Survey on Drug Abuse (Gfroerer, 1996) shows an overall decline
in the average age of first use of alcohol, from 17.2 years in 1975 to 15.9 years in
1993; daily cigarette use, from 18.6 years in 1975 to 16.8 years in 1994; and,
especially, marijuana use, from 18.9 years in 1975 to 16.3 years in 1994.

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 Studies of drug use among youth involved in the juvenile justice system indicate high
levels of abuse. Since 1990, the Drug Use Forecasting (DUF) program conducted by
the National Institute of Justice has measured substance abuse among male
detainees/arrestees in 12 jurisdictions across the country. Like the data from the
Monitoring the Future study, the DUF data show increases in illicit drug use by youth
in nearly all sites between 1993 and 1995. In 1995, youth testing positive for at least
one drug ranged from 19 percent in Portland, OR, to 58 percent in Washington, D.C.
DUF data, which do not include information on alcohol use by juveniles, showed in
1995 that the illicit drug most frequently used by delinquent youth was marijuana
(National Institute of Justice, 1994 and 1995).

Declining grades, absenteeism from school and other activities, increased potential for
dropping out, and other school-related problems are associated with adolescent
substance abuse. Hawkins, Catalano, and Miller (1992) cite research that indicates
both a low level of commitment to education and higher truancy rates. Cognitive and
behavioral problems experienced by alcohol- and drug-using youth may not only
interfere with their academic performance but may also disrupt learning by their
classmates (Bureau of Justice Statistics, 1992).

Health-related consequences of teenage substance abuse include accidental injuries,

physical disabilities and diseases, and the effects of possible overdoses. Death through
suicide, homicide, accidents, and illness may be the final outcome for youth involved
with alcohol and other drugs. Information drawn from the preliminary 1994 estimates
of the Drug Abuse Warning Network (DAWN) indicates that drug-related hospital
emergency episodes for youth ages 12-17 increased by 17 percent in 1994 over the
rates for 1993. Significantly, there was a 50-percent increase in hospital emergency
episodes related to marijuana/hashish use in this age group between 1993 and 1994.
DAWN is a national survey conducted annually by the Substance Abuse and Mental
Health Services Administration to estimate drug-related emergency department visits
for various substances (McCaig, 1995).

The danger of contracting HIV or other sexually transmitted diseases is increased for
substance-abusing youth if they engage in high-risk behaviors, including the use of
psychoactive substances (particularly those that are injected) or activities resulting
from poor judgment and impulse control while experiencing the effects of mood-
altering substances. Rates of AIDS diagnoses currently are relatively low among
teenagers when compared with most other age groups. Nevertheless, because the
disease has a long latent period before symptoms appear, many young adults with
AIDS may actually have been infected with HIV as adolescents.

Alcohol-related traffic fatalities for youth have declined, but young people are still
overrepresented in this area. In 1995, more than 2,000 youth ages 15-20 were killed in
alcohol-related car crashes (National Highway Traffic Safety Administration, 1997).

Substance-abusing youth may be alienated from and stigmatized by their peers. These
young people also often disengage from school and community activities, thus
depriving their peers and communities of positive contributions they might otherwise
have made.
 Depression, developmental lag, apathy, withdrawal, and other psychosocial disorders
are frequently linked to substance abuse among adolescents. Users are at higher risk
than nonusers for mental health problems, including suicidal thoughts, attempted
suicide, completed suicide, depression, conduct problems, and personality disorders.
Marijuana use, which is prevalent among youth, has been shown to interfere with
short-term memory, learning, and psychomotor skills. Motivation and
psychosexual/emotional development may also be influenced (Bureau of Justice
Statistics, 1992).

Many aspects of family life are jeopardized, sometimes resulting in family

dysfunction. Siblings and parents are profoundly affected by alcohol- and drug-
involved youth (Nowinski, 1990), who often drain family financial and emotional
resources (Bureau of Justice Statistics, 1992).

High economic and social costs can result from monetary expenditures and emotional
distress related to alcohol- and drug-related crimes, increased burdens for the support
of adolescents and young adults who are not able to become self-supporting, and
greater demands for medical and other treatment services for these youth (Gropper,
1985)

The Drug Abuse Warning Network (DAWN) study -- in a representative sample of hospitals
throughout the United States -- reports trends in people seeking emergency department
treatment related to illegal drug use or nonmedical use of legal drugs. Preliminary 1994
estimates indicate drug-related emergency department episodes for youth ages 12 to 17
increased by 17 percent from 1993 to 1994. This increase was greater than for any of the
older age groups reported. Significantly, emergency department visits related to
marijuana/hashish for youth ages 12 to 17 increased 50 percent between 1993 and 1994
(McCaig, 1995). Ninety-one youth between the ages of 12 and 17 died of drug abuse in 1993
(Office of Applied Studies, 1994).

Transmission of HIV/AIDS primarily occurs through exposure to body fluids of an infected

person during sexual contact or through sharing of unsterile drug-injection equipment.
Another primary means of transmission is from mothers to infants during pregnancy or the
birth process. Many substance-abusing youth engage in behavior that places them at risk of
contracting HIV/AIDS or other sexually transmitted diseases. This may include the actual use
of psychoactive substances (particularly those that are injected) or behavior resulting from
poor judgment and impulse control while experiencing the effects of mood-altering
substances. Rates of AIDS diagnoses currently are relatively low among teenagers, compared
with most other age groups. However, because the disease has a long latency period before
symptoms appear, it is likely that many young adults with AIDS were actually infected with
HIV as adolescents.

Although alcohol-related traffic fatalities for youth have declined, young people are still
overrepresented in this area. In 1995 alone, more than 2,000 youth (ages 15 to 20) were killed
in alcohol-related car crashes (National Highway Traffic Safety Administration, 1997).

CASE STUDIES IN INDIA

Substance abuse among Indian children is growing at a much faster rate than previously
believed. And contrary to popular belief, the addicts are not just street children. A first-of-its
kind study conducted by the National Commission for Protection of Child Rights (NCPCR),
has found that one third of juvenile substance abusers live in homes and attend schools.
The average age of those using drugs like opium, pharmaceutical opiods and heroin is as low
as 14.3 years, noted the study which covered more than 4,000 children and adolescent
substance abusers across India.
This is the first such study conducted on a nation-wide basis. Earlier studies on substance
abuse in children, conducted by private organisations, concentrated on regional figures.
There have been no studies that have been conducted at the national level, and which tell us
about the total number of children in India who are into substance abuse.
The recent nation-wide study conducted by us for NCPCR informs us about the pattern of
substance use and profile of children using substances as well as the factors associated with
it. A nation-wide study, if conducted, will also further help in understanding the problem of
substance use among children in India, said Dr Anju Dhawan, professor, National Drug
Dependence Treatment Centre, AIIMS and principal investigator of the survey.
The findings of the NCPCR study has come as a shock even to those working in the field of
helping and rehabilitating substance abusers. Respondents were divided into three categories-
children living on streets, children living at home and going to school and children living at
home but not going to school and concentrated on the nature of substance used by these
children.
Tobacco and alcohol were found to be the most common substances used by children, with
83.2% and 67.7% of respondents respectively admitting to having used it. 35.4% of
respondents admitted to having used cannabis, while 34.7% said they used inhalants as a
means of intoxicant. The use of tobacco and alcohol was found to be higher among children
living at homes than those living on the street. Approximately 12% of those questioned
admitted to having used injectable substances, a practice that was believed to be prevalent
only among adults. The practice may make them vulnerable to HIV and Hepatitis B & C
infections.
A 2007-2012 report by the union Ministry of Women and Child Development (MWCD) had
also indicated to a rise in the number of children indulging in substance abuse. More than
13% of those involved in drug and substance abuse in India, are below 20 years, the report
had noted.
A new trend has emerged in drug and substance abuse with children now using a cocktail of
drugs through injections, and often sharing the same needle, which increases their
vulnerability to HIV infection, the MWCD report had said. According to the MWCD report,
approximately 20 million children in India are getting addicted to smoking every year. Nearly
55,000 children are taking up smoking every day. The corresponding figure in the US is only
3,000. Between 1999 and 2003, the number of registered cases of smoking among children
went up by 589 per cent.
Last year, the Delhi government had identified approximately 250 civic body and state
government- run schools where students were vulnerable to substance abuse. We had formed
more than 100 teams to closely monitor these schools and interact with the students. So far,
we have come across approximately 50 cases where school children were found to have used
cigarettes and alcohols, said Dr JP Kapoor, assistant director, health services, Delhi
government and in-charge of school health programme, adding, none of the teams came
across students using cannabis and more harmful narcotics.

CHAPTER-5 CONCLUSION

Juvenile justice should be given due attention internationally, regionally and nationally,
including within the framework of the United Nations system wide action.There is an
urgent need for close co operation between all bodies in this field, in particular, the Crime
Prevention and Criminal Justice Division of the Secretariat, the Office of the United Nation
High Commissioner for Human Rights/Centre for Human Rights, the Office of the United
Nations High Commissioner for Refugees, the United Nations Childrens Fund, the United
Nations Development Programme, the Committee on the Rights of the Child, the
International Labour Organization, the united Nations Educational, Scientific and Cultural
Organization and the world Health Organization. In addition, the World Bank and other
international and regional financial institutions and organizations as well as non
governmental organizations and academic institutions, are invited to support the provision of
advisory services and technical assistance in the field of juvenile justice. Co- operation
5 http://www.hindustantimes.com/india/juvenile-substance-abusers-in-india-catching-
them-young/story-
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abuse-delhi/1/742086.html
Ram Ahuja, Social Problems in India, Third ed. (Revised), 2015,
should therefore be strengthened, in particular with regard to research, dissemination of
information, training, implementation and monitoring of the Convention on the rights of
Child and the use and application of existing standards, as well as with regards to the
provision of technical advice and assistance programmes, for example by making use of
existing international network on juvenile justice.

The effective implementation of the Convention on the Rights of the Child, as well as the use
and application of international standards through technical co operation and advisory
service programmes, should be ensured by giving particular attention to the following aspects
related to protecting and promoting human rights of children in detention, strengthening the
rule of law and improving the administration of the juvenile justice system;
a) Assistance in legal reform;
b) Strengthening national capacities and infrastructures;
c) Training programmes for police and other law enforcement officials, judges and
magistrates, prosecutors, lawyers, administrators, prison officers and other professionals
wrong in institutions where children are deprived of their liberty, health personnel, social
workers, peacekeepers and other professionals concerned with juvenile justice.
d) Preparation of training manuals
e) Preparation of information and education material to inform children about their rights in
juvenile justice.

Summary and Recommendations

The current situation with regards to juvenile crime and delinquency can be characterized by
the following basic facts and trends;
There has been an observed increase in violent and aggravated crimes among youth.
The number of drug related crimes is growing.
The process of globalization and the greater mobility of large population groups have led to
an increase in criminal activity associated with intolerance towards members of other
cultures.
The difficulties encountered by immigrants and their descendents in certain countries are
sometimes related to the high levels of group crime deriving from the activities of ethnically
based delinquent groups.
In many cases juvenile crimes are linked to less obvious sources of motivation; various
actions may reflect, for example, the standards of particular subordinates, teachings or
traditions deriving from religious radicalism, or the compulsion to use of violence as a means
of contracting gender identity. Quite often, aggressive and criminal behavior is positively
portrayed in the media, creating a confused picture of acceptable societal norms within some
youth subcultures.
Quite often, aggressive and criminal behavior is positively portrayed in the media, creating a
confused picture of acceptable societal norms within some youth subcultures.
Children and adolescents in difficult circumstances constitute ready reserves for organized
crime, participation in armed conflicts, human and drug trafficking and sexual exploitation
6

6 http://family.jrank.org/pages/1008/Juvenile-Delinquency-
Conclusion.htmlhttps://www.ojjdp.gov/pubs/drugid/conclusion.html
 BIBLIOGRAPHY

BOOKS

Ram Ahuja , Social Problems in India,Rawat Publications, 3rd Revised and updated
edition

Adam D Reich,Hidden Truth: Young Men Navigating Lives in and out of Juvenile Prison,
University of California Press, 2010

Nizam Azeez Sait (Advocate), Juvenile Justice - Care and Protection of Children Act,
2000,2014

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http://www.latimes.com/topic/social-issues/juvenile-delinquency/14019000-topic.html

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?
article=2038&context=jclc

http://www.inquiriesjournal.com/articles/165/preventing-juvenile-delinquency-early-
intervention-and-comprehensiveness-as-critical-factors

http://www.huffingtonpost.com/news/juvenile-delinquency/

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young/story-wZa4Mj3eXisFW1zQisPTJJ.html
http://indiatoday.intoday.in/story/juvenile-crime-drug-abuse-delhi/1/742086.html
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http://www.legalservicesindia.com/article/article/juvenile-delinquency-626-1.html