JUVENILE DELINQUENCY:
Important Example of Merry Bell who was 11 years old Psychopath that was murderer of 4 year old child and another 7 year old one..
JUVENILE== LATIN JUVENILUS ( YOUTHFUL)
DELINQUENCY=== LATIN DELINQUES
(FAILING IN DUTY) AGAINST THE SOCIAL NORM..
According to PSYCHOLOGY DICTIONARY
” Juvenile Delinquency is an illegal behavior of minor that would be considered criminal against the state”
STATUS OFFENDER ::
The action considered a violation of law only because of a youth’s status as a minor… Truancy, smoking, Running away, etc
Historical background of JD:
Roman Civil LAW WAS The first To Consider Diff. Between JUVENILE AND ADULT CRIME…
SAVING CHILD movement of 19th century
pArEnS pAtRIaE ( state should act like a loving father to a child)
DOLI INCAPEX( Nothing is a crime if it is committed by a child under 10 years of age)
CAUSES OF JD:
1) PEER PRESSURE ( Rational Choice Theory) (Differential Association Theory)
2) FAMILY DISRUPTION ( MERRY WELL CASE) Her mother was a prostitute and her clients used to abuse her. ( Differential Association Theory) ( Social Control Theory, Bond Theory)
3) Low SES ( Social Disorganization Theory)
4) Lack of moral training
5) Poor School Performance
6) Authoritarian parenting (Strain Theory) (Social Control Theory)
7) Mental Disorder
8) Substance Abuse.
9) General lawlessness
10) Criminal Behavior of parents
PREVENTIVE MEASURES TO CONTROL JUVENILE DELINQUENCY:
1) Drug Control
2) Family Counseling
3) Parent counseling
4) Social Services ( Foster care, adoption, regular checks on the family)
5) Youth Sheltering (For runaway minors)
6) Educational support
7) Recreational activities ( Everwhere and affordable under state patronage, if under private sector should be heavily subsidized)
8) Community Group: ( People having similar problems can sit together atleast virtually in the present era of hyper interconnectivity)
AIMS AND OBJECTIVES OF JJS
1) FAIRNESS AND EQUITY
2) PUBLIC SAFETY
3) REHABILITATION RATHER THAN PUNISHMENT
4) KEEPING THEM AWAY FROM ADULT CRIMINALITY
5) Prevent Labelling
6) Postive Youth Development
WORKING LIMBS
1) POLICE
2) PROSECUTION
3) COURTS
4) Lawyer
5) Social Welfare Officer
6) Probation Officer
RELEVENT LAWS:
1) PPC 1860
2) CPC 1898
3) PUNJAB YOUTHFUL OFFENDERS ORDINANCE 1983
4) JUVENILE JUSTICE ACT 1986
5) JJSO 2000
6) JJSA 2018
JJSA 2018
TYPES OF CRIMES:
1) MIONR : A CRIME WHICH HAS A MAXIMUM OF 3 YEAR SENTENCE, IS GIVEN BAIL BY JUVENILE COURT WITH OR WITHOUT SURETY BOND
2) MAJOR : A CRIME WHICH HAS A MAXIMUM OF 3—-7 YEARS OF SENTENCE HAS BEEN GIVEN BAIL BY JUVENILE COURT WITH OR WITHOUT SURETY BOND.
3) HENIOUS CRIME: IT IS DEFINED AS A SERIOUS , BRUTAL OR shocking to public morality but still if the minor is under 16 he is entitled to bail with or without surety bond… If he is above 18 still court has the discretion to grant him bail..
Salient Features of JJSA 2018
1) LEGAL ASSISTANCE ( Article 3) : Appointed by the JC a person with 7 years standing at the bar.
2) OBSERVATION HOMES(artivke 20)( BORSTAL INSTITUTION IN JJSO 2000)
3) JUVENILE REHABILITATION CENTERS ( Article 20)
Subarticle 1 of article 20 stipulates establishment and maintinance of OH and JRC
Subarticle 2 of article 20 stipulates OH and JRC being managed by Non Gov Organization for receotion of Juveniles
Subarticle 3 of article (20)The Gov may certify on already established association or society in nay local area for social reintegration or rehabilitation of Juvenile offence..
4) Determination of Age
5) Separate challan and Trail
6) Penalty for Disclosure of Identity of Juveniles ( Article 13 of JJSA 2018)
7) Special Provision ( Separate trail, separate court, challan etc etc)
8) Fixation of Time limit : ( Article 4 subarticle – – – -(8) JC shall decide case within six months, – – – – – (9) If case is not decided in 6 months Juvenile Court shall seek extension from respective High Court for the extension of court..
9) Juvenile Justice Committee( Article 10): 4 members
A) Serving Judicial Magiatrate
B) Dist. Public Prosecutor
C) Memeber of local bar having 7 years standing
D) Serving Probation Officer or Social Welfare Officer not below the rank of officer BPS-17.
10) No Disqualification attached with Conviction ( article 19): Juvenile convicted shall not suffer any disqualification, if any, attached to conviction of offender under such law.
11) Inspection of Observation Homes and Juvenile Rehabilitation Centers:: A medical officer a member of the committee with approval of the head of the committee may inspect an OH or JRC…
No. Of JCs According to Group Development Pakistan, a non-governmental organization
Overall 9
1 each in ICT, Punjab and Balochistan
Two in Sindh
Four in Kpk. ( 2021 March states)
No. Of juveniles in jail 1962 0ut of which some 400 are females. ( Group development pakistan) p( March 2021)
90% pretrial and 10% post trail…
SOCIETY FOR THE PROTECTION OF RIGHTS OF CHILDREN( SPROC) is one of example of liason between different civil society members united to form a united front the excess being committed against the children..