KRUSADA: Juvenile Delinquency

By Nathalie Blanco, Multimedia Producer, Krusada

Posted at Nov 21 2011 07:10 PM | Updated as of Nov 23 2011 07:31 PM

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Anchor: Henry Omaga-Diaz

Juvenile Delinquents: These children put up a face that brings fear and a sense of defiance. In
return, society denounces them with intense aversion, forgetting that they are children who are
just in need of greater guidance.

Formally, a Child in Conflict with the Law (CICL) is a person who at the time of the commission
of the offense is below eighteen years old but not less than 15 years and one day old.

In this Krusada episode, Henry Omaga Diaz posited imperative questions: Are the Children in
Conflict with the Law considered as young criminals or are they actually victims of society?
Should they undergo the Criminal Justice System like the rest? How does the government
respond to children who have committed serious crimes?

More importantly, what can we do to help them?

According to the Department of Social Welfare and Development (DSWD), there are more than
2,600 juvenile delinquency cases reported in 2009. A year later, the number reduced to 1,200.
However, DSWD claims that there are still many unreported cases in the country.

Restorative Justice for Youth Offenders

Gab always takes off his shirt and shows off his tattoos for everyone to see the signs of his
strength; when in truth, he only had himself inked out of peer pressure.

Henry Omaga-Diaz interviews Gab and his friend

At 16 years old, he has gone in and out of rehabilitation centres; even the city jail once, for
committing burglary, marijuana and solvent abuse and theft numerous times.

Every night, he hangs out with his group of fellow youth offenders to smoke and pickpocket. At
three in the morning, they break into houses. In three to five minutes, he says he could steal
money, mobile phones and jeweleries. He had constant practice since ten years old.

His biggest single loot was P3,000. It is more than enough to buy some solvent or marijuana for
him and his friends. The one-day millionaire uses the instant cash to buy drugs that help them
forget their problems.

He says that the Rock, rehabilitation centres for youth offenders, could not help him. He does
not like it there despite admitting that it allows him to eat well, bathe and study. He comes back
to normal every time he comes outhow he prefers to live.

Gab flaunts his tatoos on the streets so passers by would fear him

Aurora Flores of the Philippines Mental Health Association in Dumaguete believes that youth
offenders have mental health issues and reiterates that such is not just the absence of mental
illness.

The concept of right and wrong among youth offenders is vague or erroneous; leading to their
low self-control. In the long run, their values become distorted, allowing them to commit crimes
without feeling guilty.

Central Visayas has the most number of CICL cases since 2009 according to DSWD. Two in the
list of youth offenders in Region 7 are Troy, found guilty of frustrated homicide at age 17; and
Anjo, committed arson at eight years old.

Troy played with toy guns as a child and accidentally fired a pistol at his uncles enemy during
the physical conflict that involved the adults. On the other hand, Anjo was bullied and made to
follow orders of older children which led him to burn a local chapel.

Brenda Vigo, Executive Director of the Council for the Welfare of Children, says that these
children are victims of dysfunctional families, communities and poverty. That is why they should
not be treated as criminals and be allowed to undergo the Criminal Justice System.

Republic Act 9344 prohibits imprisonment as it will only subject the children into more harm
than good. A Restorative Justice System is observed where their personal issues can be discussed
and conflict can be resolved. Through it, a child is said to realize that what he did is wrong
without causing him to rebel more.

There are 16 rehabilitation centres in the Philippines at present.

Delinquency Prevention Program

The law states that local government units (LGU) should allot budget for homes and counselors
as part of the Delinquency Prevention Program, like in the example of Bayawan City, Negros
Oriental. However, may LGUs do not adhere to this.

In cases like these, non-government foundations like PREDA Foundation, Inc. respond to the
problem. Under the leadership of Father Shay Cullen, the New Dawn Boys Home reintegrates
values among the children for them to shun away from delinquency.

The importance of re-acceptance of family and society is also addressed.

In the New Dawn Boys Home, rehabilitation starts with the Emotional Release Therapy to
resolve a childs problems and pains. It is gradually followed by sports activities and skills
training such as carpentry, mechanics, agriculture and computer literacy.

All Hope Lost?

Gab continues to blame his only familyhis aunt Susanwho took him from his parents who
are both drug addicts with the hope of saving the child from having the same fate.

On the other hand, Susan blames Gabs barkada of being a bad influence; making it hard for the
child to get out of the life he now lives. She has started to lose faith that Gab can still change.

While he dreams to have his own family, Gab says that he wants to die early and does not
believe he will reach 30 years old. He further said that he has lost all hope in his future.
November 17, 2011

Even kids can conflict with the law. Once this happens, and a child enters the criminal justice
system, he or she may be deemed a juvenile delinquent.

Who Are Juvenile Delinquents?

Juvenile delinquents are minors, usually defined as being between the ages of 10 and 18, who
have committed some act that violates the law. These acts arent called crimes as they would
be for adults. Rather, crimes committed by minors are called delinquent acts. Instead of a trial,
the juvenile has an adjudication, after which she receives a disposition and a sentence.
However, juvenile proceedings differ from adult proceedings in a number of ways.

Delinquent acts generally fall into two categories. The first type of delinquent act is one that
would be considered a crime had an adult committed it. For particularly serious crimes, some
jurisdictions will even try children as adults. When children are tried as juveniles, on the other
hand, parents are often required to pay the court costs for the child.

The second type of delinquent act is one that wouldnt normally be a crime had an adult
performed it. These are typically known as age-related or "status crimes. The most common
examples of age-related crimes are staying out past curfew and truancy, which is the continued
failure to attend school.

Juvenile Delinquency: Early Detection and Intervention

As you can see, juvenile delinquency is more than mischievous pranks such as doorbell ditching
or throwing water balloons at your neighbor. Some of these offenses can be quite serious, such as
drug-related offenses or even property crimes or crimes against another person. Delinquency
prevention and intervention efforts primarily are comprised of identifying the risk factors that
contribute to delinquency, addressing those factors early, and building on protective factors to
offset the risks.

There are a growing number of non-profit programs designed to assist youth and help guide them
to a better path. Such organizations as Big Brother, Big Sisters can provide mentoring and
positive role models for at-risk youth. If your son or daughter is getting caught up in a series of
juvenile deliquency acts, consider reaching out to one of these organizations to learn more.

Additional Resources

Remember, state laws regarding juvenile justice are constantly changing. It is important to
research the laws in of your jurisdiction to understand the procedures and penalties involved. For
more information, see FindLaws sections on juvenile crime and court procedure. Additionally,
you can check out the following links:

How do Juvenile Proceedings Differ from Adult Criminal Proceedings?

Questionnaire: Choosing a Juvenile Defense Attorney
Juvenile Waiver (Transfer to Adult Court)

Get a Free Case Review from a Criminal Defense Lawyer

Because juveniles require special help and have extra rights before the criminal justice system,
its in your best interests to hire an attorney when facing adjudication. If handled improperly, a
delinquent act can follow a minor into adulthood. An attorney can help ensure your childs
delinquency record is expunged when he or she turns 18. That means all record of wrongdoing
will be deleted, giving your child a fresh start. Start with a free case review today.