Assignment on

Juvenile Delinquency
Collected by
Kamrul Hassan (Nazmul)
Mobile : 01739-809078
LL.B (Hons) (UU)
MSS in Victimology & Restorative Justice
University Of Dhaka

The problem of juvenile delinquency is becoming more complicated and universal, and crime
prevention programmes are either unequipped to deal with the present realities or do not exist.
Many developing countries have done little or nothing to deal with these problems, and
international programmes are obviously insufficient. Developed countries are engaged in activities
aimed at juvenile crime prevention, but the overall effect of these programmes is rather weak
because the mechanisms in place are often inadequate to address the existing situation.
What is Juvenile Crime
In its simplest definition, crime is any specific act prohibited by law for which society has provided
a formally sanctioned punishment. This also can include the failure of a person to perform an act
specifically required by law.
Types of offenses or crimes, whether committed by adults or juveniles, are classified by the
seriousness of the offenses as follows: a felony is the most serious offense, punishable by a
sentence to a state institution (youth authority facility or adult prison). Felonies generally include
violent crimes, sex offenses, and many types of drugs and property violations.
A misdemeanor is a less serious offense for which the offender may be sentenced to probation,
county detention (in a juvenile facility or jail), a fine, or some combination of the three.
Misdemeanors generally include crimes such as assault and battery, petty theft, and public
drunkenness. A fraction is the least serious offense and generally is punishable by a fine. Many
motor vehicle violations are considered infraction. Juveniles, like adults, can be charge with a
felony, a misdemeanor, or an infraction. However, as we will discuss later, juveniles can also be
charged with offenses that are unique to youth.1[1]
Meaning of Juvenile Delinquency
Juvenile delinquency, also known as juvenile offending, or youth crime, is participation in illegal
behavior by minors (juveniles) (individuals younger than the statutory age of

1[1] http://www.yale.edu
majority).2[2] Most legal systems prescribe specific procedures for dealing with juveniles, such
as juvenile detention centers, and courts. A juvenile delinquent is a person who is typically under
the age of 18 and commits an act that otherwise would have been charged as a crime if they were
an adult. Depending on the type and severity of the offense committed, it is possible for persons
under 18 to be charged and tried as adults.
In recent years, the average age for first arrest has dropped significantly, and younger boys and
girls are committing crimes. Between 60-80% percent of adolescents and pre-adolescents engage
in some form of juvenile offense. These can range from status offenses (such as underage
smoking), to property crimes and violent crimes. The percent of teens who offend is so high that
it would seem to be a cause for worry. However, juvenile offending can be considered normative
adolescent behavior.3[3] This is because most teens tend to offend by committing non-violent
crimes, only once or a few times, and only during adolescence. It is when adolescents offend
repeatedly or violently that their offending is likely to continue beyond adolescence, and become
increasingly violent. It is also likely that if this is the case, they began offending and displaying
antisocial behavior even before reaching adolescence.4[4]
To criminologist, juvenile delinquency encompasses all public wrongs committed by young people
between the ages of 12 and 20. Sociologist view the concept more broadly, believing that it covers
a multitude of different violations of legal and social norms, from minor offences to serious crimes,
committed by juveniles. In an attempt to explain the theoretical underpinnings of delinquency,
sociologists associate the specifics of youth behavior with the home, family, neighborhood, peers
and many other variables that together or separately influence the formation of young people’s
social environment.
Historical background of juvenile delinquency
Delinquency was available throughout all the time. In ancient Britain, even seven years old boys
were tried, convicted and punished as adults. There was no special treatment for them, a hanging
was a hanging. In Norway, for example, a thirteen century penal code specifies that adult might
lose both hands if stealing, children only one’. However, United States of America is one of the
pioneer countries on juvenile justice. Social reformers started to create special facilities for
troubled juveniles in the late nineteenth century. Though Illinois introduced a separate system of
criminal justice in 1899, much had changed by 1909 when Judge Julian Mack famously proposed
in a Harvard Law Review article that a juvenile offender should be treated “as a wise and merciful
father handles his own child” (Scott and Laurence, 2008:16). Yet the provision of special court

2[2] Siegel, Larry J., and Brandon Welsh. Juvenile Delinquency: The Core. 4th ed. Belmont, CA:
Wadsworth/cengage Learning, 2011.

3[3] Steinberg, L. (2008). Adolescence, 8th ed. New York, NY: McGraw-Hill

4[4] Moffitt (2006). Life course persistent versus adolescent limited antisocial behavior. In D. Cicchetti &
D. Cohen (Eds.) Developmental Psychopathy (2nd ed) New York: Wiley.
and treatment was soon replicated throughout the country and spread aboard in Britain (1908),
France (1912), Spain (1918), and The Netherlands (1921).5[5]
Today most of the states of the United Nations have a separate court system for the children
accused of an offence. They have the right to treatment that takes full account of their age,
circumstance and their needs. The courts generally handle two types of juvenile offender: The
delinquent child who has committed an act that is a crime for adult under state law. On the other
hand, status offenders are considered unruly and uncontrolled beyond their legal guardian (Siegel
and Welsh, 2008).
A multitude factors exist that contribute to the understanding of what leads to engage in delinquent
behavior. It is also true certainly social factors like poverty, illiteracy, broken homes; lack of
employment, peer pressure, lack of parental guidance can be the best root causes to explain
juvenile delinquency in Bangladesh.
In Bangladesh no separate juvenile justice law exists. The 1974 Children Act is the main law
concerning children in Bangladesh, but it deals both with children in need of protection/care as
well as children in conflict with the law on one hand, other laws, such as the Penal Code, the Code
of Criminal Procedure, the Suppression of Violence against Women and Children Act, on the other
hand, also contain provisions regarding children in conflict with the law.At present, there are three
specialized juvenile courts established in the country and three specialized institutions for the
detention of child offenders, which have been renamed as the Child Development Centers among
them, two centers for boys are located in Tongi and Jessore and the girls' centre is in Konabari.6[6]
The Development of Juvenile Delinquency
Nearly all cultures possess a transition phase from childhood into adulthood. As the world
changed, so did the transition into adulthood. Whereas before, in most now industrialized
countries, this transition ranged from brief to almost non-existent, it is now a significant part of a
person's development. It is known now as adolescence. In fact the popular term "teenager" wasn’t
coined until the '50s to describe this new group of people living through adolescence. It is believed
that this new, drawn-out transition from childhood into adulthood that is common in the western
world has left many adolescents in a sort-of limbo where they must seek to define their identity and
place in the world, and delinquency may provide a way to do that. This is supported by the fact
that crime is committed disproportionately by those aged between fifteen and twenty-
five. However, contrary to popular belief it is highly rare for teenagers to become spontaneously
aggressive, antisocial or violent simply with the onset of adolescence. Also, although there is a
high percentage of offending among all teenagers, the majority of offenses which violate the law
are one-time occurrences and most often non-violent. Only about 5-10% of adolescents commit
violent crimes. In the United States, one-third of all of suspects arrested for violent crimes are
under eighteen.

5[5] The Innocenti Digest, 1997:10

6[6] http://www.ukessays.com
The high rates of juvenile delinquency often receive great attention from the news
media and politicians. The level, amounts, and types of delinquency are used by commentators as
an indicator of the general state of morality and law and order in a country, and consequently
juvenile delinquency can be a source of ‘moral panics’.7[7]
Types of Juvenile Delinquency
Juvenile delinquency, or offending, can be separated into three categories: delinquency, crimes
committed by minors which are dealt with by the juvenile courts and justice system; criminal
behavior, crimes dealt with by the criminal justice system, and status offenses, offenses which are
only classified as such because one is a minor, such as truancy, also dealt with by the juvenile
courts.8[8]

According to the developmental research of Moffitt (2006), there are two different types of
offenders that emerge in adolescence. One is the repeat offender, referred to as the life-course-
persistent offender, who begins offending or showing antisocial/aggressive behavior in
adolescence (or even childhood) and continues into adulthood; and the age specific offender,
referred to as the adolescence-limited offender, for whom juvenile offending or delinquency begins
and ends during their period of adolescence. Because most teenagers tend to show some form of
antisocial, aggressive or delinquent behavior during adolescence, it important to account for these
behaviors in childhood, in order to determine whether they will be life-course-persistent offenders,
or adolescents-limited offenders. Although adolescent-limited offenders tend to drop all criminal
activity once they enter adulthood, and show less pathology than life-course-persistent offenders,
they still show more mental health, substance abuse, and finance problems, both in adolescence
and adulthood, than those who were never delinquent.9[9]
Sex Differences
Juvenile offending is disproportionately committed by young men. Feminist theorists and others
have examined why this is the case. One suggestion is that ideas of masculinity may make young
men more likely to offend. Being tough, powerful, aggressive, daring and competitive becomes a
way for young men to assert and express their masculinity. Acting out these ideals may make
young men more likely to engage in antisocial and criminal behavior. Also, the way young men
are treated by others, because of their masculinity, may reinforce aggressive traits and behaviors,
and make them more susceptible to offending.
Alternatively, young men may actually be naturally more aggressive, daring and prone to risk-
taking. According to a study led by Florida State University criminologist Kevin M. Beaver,

7[7] http://www.wiki.com

8[8] Woo lard & Scott, (2009). The legal regulation of adolescence. In R. Lerner & L. Steinberg, Handbook
of Adolescent psychology (3rd ed.).
9[9] Aguilar, Sroufe, Egeland, & Carlson, 2000
adolescent males who possess a certain type of variation in a specific gene are more likely to flock
to delinquent peers. The study, which appears in the September 2008 issue of the Journal of
Genetic Psychology, is the first to establish a statistically significant association between an
affinity for antisocial peer groups and a particular variation of the dopamine transporter gene.

In recent years however, there has also been a bridging of the gap between sex differences
concerning juvenile delinquency. While it is still more common for males to offend then females,
the ratio of arrests by sex is one third of what it was 20 years ago (at 2.5 to 1 today). This is most
likely due to the combined effects of more females being arrested (for offenses which did not get
them arrested before), and a drop in male offenses.10[10]
Racial Differences
There is also a significant skew in the racial statistics for juvenile offenders. When considering
these statistics, which state that Black and Latino teens are more likely to commit juvenile offenses
it is important to keep the following in mind: poverty, or low socio-economic status are large
predictors of low parental monitoring, harsh parenting, and association with deviant peer groups,
all of which are in turn associated with juvenile offending. The majority of adolescents who live
in poverty are racial minorities. Also, minorities who offend, even as adolescents, are more likely
to be arrested and punished more harshly by the law if caught. Particularly concerning a non-
violent crime and when compared to white adolescents. While poor minorities are more likely to
commit violent crimes, one third of affluent teens report committing violent crimes.

Ethnic minority status has been included as a risk factor of psychosocial maladaptation in several
studies, and represents a relative social disadvantage placed on these individuals. Though the
relation between delinquency and race is complex and may be explained by other contextual risk
variables, the total arrest rate for black juveniles aged 10–17 is more than twice that as of white
juveniles.11[11]

Crime Theories Applicable to Juvenile Delinquency

The study of Juvenile Delinquency is relevant with some theories. These ares-
Labeling Theory

10[10] Cauffman, (2008) Bad boys or poor parents: Relations to female juvenile delinquency. Journal on
research on adolescence,

11[11] Aaron, L. & Dallaire. Parental Incarceration and Multiple Risk Experiences: Effect on Family
Dynamics and Children's Delinquency. Journal of Youth and Adolescence.
 Labeling theory states that once young people have been labeled as criminal they are more likely
to offend. The idea is that once labeled as deviant a young person may accept that role, and be
more likely to associate with others who have been similarly labeled. Labeling theorists say that
male children from poor families are more likely to be labeled deviant, and that this may partially
explain why there are more lower-class young male offenders.

In the labeling theory, how one person become as criminal or delinquent and by his criminal
activities, how can the person labeled as a criminal in his existing society, are explained. The man
just for his anti-social activities is labeled as criminal in civil member of the society. Then he
commits comparatively severe crime. Edwin Lemart (1940) explained the labeling theory by his
own view. He explained two types of crime which are committed by the person and these two
types are-
 Primary Deviant Act
 Secondary Deviant Act.

Differential Association Theory

The association or social environments play the most influential role to become one person as a
criminal. Person commits various crimes because of learning criminal activities with other person
in the society. Edwin Sutherland explained, by influencing others manner and activities how one
person may become criminal. Sutherland explained the ‘Differential Association Theory’ in his
‘Principles of criminology (1939)’.
According to the theory, person learns to commit various criminal activities by the interaction with
association. Every person highly influences by the other person’s manner or activities in his
existing association. In an existing association, other member’s activities are so effective for the
follower’s activities. If members of the association are involving in various anti-social activities,
person influence to follow their activities and they also learn various criminal activities. Person
becomes criminal not only in the anti-social situation but also in the participation process of
criminal activities with other persons of his existing society or association. Person influences to
commit crime in the interaction of close person. If the high level of criminality remains in the
family members, person also influences by them and involves in various criminal activities. When
Person and his company commit crime, they make a strong supporting defense for protect them to
overcome from the next possible problems or accident. In general, one person gradually influences
by the various activities of his existing society members and by learning these activities, person
involves in many anti-social or criminal activities.
In the present study, the juveniles (Kishore Unnoyon Protisthan, Tongi, Gazipur) were involved
in various criminal activities. They were highly influenced by their company or close friends
activities. By following the friend’s anti-social activities the juveniles were involved in murder,
drug addiction, bombing, child kidnapping, robbery, thieves and other various criminal activities.
So, free interaction led the juveniles as a criminal in the society.12[12]

12[12] Iqbal Ahmed Chowdhury, Mohammad Maniruzzaman Khan and Imtiaz Uddin, International Journal of
Social Science Tomorrow
 Rational choice
Classical criminology stresses that causes of crime lie within the individual offender, rather than
in their external environment. For classicists, offenders are motivated by rational self-interest, and
the importance of free will and personal responsibility is emphasised.13[13] Rational choice
theory is the clearest example of this idea.
Social Disorganization
Current positivist approaches generally focus on the culture. A type of criminological theory
attributing variation in crime and delinquency over time and among territories to the absence or
breakdown of communal institutions (e.g. family, school, church and social groups.) and
communal relationships that traditionally encouraged cooperative relationships among people.
Strain Theory
Strain theory is associated mainly with the work of Robert Merton. He felt that there
are institutionalized paths to success in society. Strain theory holds that crime is caused by the
difficulty those in poverty have in achieving socially valued goals by legitimate means. As those
with, for instance, poor educational attainment have difficulty achieving wealth and status by
securing well paid employment, they are more likely to use criminal means to obtain these
goals.14[14] Merton's suggests five adaptations to this dilemma:
1. Innovation: individuals who accept socially approved goals, but not necessarily the socially
approved means.
2. Retreatism: those who reject socially approved goals and the means for acquiring them.
3. Ritualism: those who buy into a system of socially approved means, but lose sight of the goals.
Merton believed that drug users are in this category.
4. Conformity: those who conform to the system's means and goals.
5. Rebellion: people who negate socially approved goals and means by creating a new system of
acceptable goals and means.
A difficulty with strain theory is that it does not explore why children of low-income families
would have poor educational attainment in the first place. More importantly is the fact that much
youth crime does not have an economic motivation. Strain theory fails to explain violent crime,
the type of youth crime which causes most anxiety to the public.

13[13] Eadie, T. & Morley, R. (2003) ‘Crime, Justice and Punishment’ in Baldock, Social Policy (3 rd
edition.) Oxford: Oxford University Press

14[14] Brown, Understanding Youth and Crime, Buckingham: Open University Press.
 Social Control
Social control theory proposes that exploiting the process of socialization and social learning
builds self-control and can reduce the inclination to indulge in behavior recognized as antisocial.
The four types of control can help prevent juvenile delinquency are:
Direct: by which punishment is threatened or applied for wrongful behavior, and compliance is
rewarded by parents, family, and authority figures. Internal: by which a youth refrains from
delinquency through the conscience or superego. Indirect: by identification with those who
influence behavior, say because his or her delinquent act might cause pain and disappointment to
parents and others with whom he or she has close relationships. Control through needs satisfaction,
i.e. if all an individual's needs are met, there is no point in criminal activity.

Current Trends of Juvenile Delinquency

The present situation with regard to juvenile crime and delinquency can be characterized by
following basic facts and trends:
1. There has been an observed increase in violent and aggravated crimes among youth.
2. The number of drug-related crimes is growing.
3. The process of globalization and greater mobility of large population groups have led to an
increase in criminal activity associated with intolerance towards members of other cultures.
4. 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 group.
5. In many cases juvenile crimes are linked to less obvious sources of motivation; various action may
reflects, for example, the standards of particular subcultures, teachings or traditions deriving from
religious radicalism, or the compulsion to use of violence as a means of contracting gender identity.
6. Children and adolescent in difficult circumstances constitute ready reserve for organized crimes,
participation in armed conflicts, human and drug trafficking, and sexual exploitation.
7. The disintegration of families, poverty, and the death of parents in armed conflict or from HIV /
AIDS has led to the forced independence of many young people around the world.
Causes of Juvenile Delinquency
The intensity and severity of juvenile offences are generally determined by the social, economic
and cultural conditions prevailing in a country. The causes of and conditions for juvenile crime are
usually found at each level of the social structure, including society as awhole, social institutions,
social groups and organizations, and interpersonal relations. juvenile’s choice of delinquent careers
and the consequent perpetuation of delinquency are fostered by a wide range of factors, the most
important of which are described below:

Economic and Social Factors

Juvenile delinquency is driven by the negative consequences of social and economic development,
in particular economic crisis, political instability, and the weakening of major institutions. Socio-
economic instability is often linked to persistent unemployment and low incomes among the
young, which can increase the livelihood of their involvement in criminal activity.
Family Factors
A consistent pattern of family risk factors are associated with the development of delinquent
behavior in young people. These family risk factors include a lack of proper parental supervision,
ongoing parental conflict, neglect and abuse (emotional, psychological or physical). Parents who
demonstrate a lack of respect for the law and social norms are likely to have children who think
similarly. Finally, those children that display the weakest attachment to their parents and families
are precisely the same juveniles who engage in inappropriate activities, including delinquent
conduct. Children in disadvantage families that have few opportunities for legitimate employment
and face a higher risk of social exclusion are overrepresented among offenders.
Peer Influence
A person’s peer group strongly influences a decision to commit crime. For example, young boys
and girls who do not fit into expected standards of academic achievement or participate in sports
or social programmes can sometimes become lost in the completion. Children of families who
cannot afford adequate clothing or school supplies can also fall into the same trap. Reserses believe
these youth may abandon schoolmates in favor of criminal gangs, since membership in a gang
earns respect and status in a different manner. In gangs, antisocial behavior and criminal activity
earns respect and credibility.
Like society in general, criminal gangs are usually focused on material gain. Gangs, however,
resort to extortion, fraud, and theft as a means of achieving it. The young people, mostly boys, are
vulnerable in joining gangs.
Mental Health Risk Factors
Several mental health factors are also seen as contributing to juvenile delinquency. It is important
to keep in mind, however, that a diagnosis of certain types of mental health conditions--primarily
personality disorders--cannot be made in regard to child. However, there are precursors of these
conditions that can be exhibited in childhood that tend to end up being displayed through
delinquent behavior. A common one is conduct disorder.15[15]

Individual Risk Factors

Several risk factors are identified with juvenile delinquency. A minor who has a lower intelligence
and who does not receive a proper education is more prone to become involved in delinquent
conduct. Other risk factors include impulsive behavior, uncontrolled aggression and an inability
to delay gratification. In many instances, multiple individual risk factors can be identified as
contributing to a juvenile's involvement in harmful, destructive and illegal activities.
Cultural Factors
Delinquent behaviour often occurs in social settings in which the norms for acceptable behaviour
have broken down. Under such circumstances many of the common rules that deter people from
committing socially unacceptable acts may lose their relevance for some members of society. They
respond to the traumatizing and destructive changes in the social reality by engaging in rebellious,
deviant or even criminal activities.

15[15] Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, American Psychiatric
Association, 2004.
In both developed and developing countries, consumer standards created by media are
considerably beyond the capacity of most families to achieve. Nevertheless, these ideals became a
virtual reality for many young people, some of whom will go to great lengths to maintain a lifestyle
they cannot afford. A criminal career becomes one form of overcoming this situation.
Urbanization
The growing industrialization and urbanization gave rise to the problem of juvenile delinquency.
Sociologists and criminologists consider delinquency as a result of transitional phase, a process
through which majority population is transforming from peasants to industrial labour class. Mainly
Bangladesh and other developing country is an agro-based country. Industrialization has not taken
expected pace. In its transition from agriculture to industrialization, Bangladeshi society is
undergoing rapid social change. Since the transition is not yet complete, since Bangladesh is pre-
industrial, it is a mixed society, not completely traditional and not fully modern. An examination
of the economic, political, and religious institutions reveals a conflict between traditional and
modern values, neither of which dominates the lives of the people. The conflict has given rise to
anomie and creates greater vulnerability to delinquent behaviour.
Media
Television and movies have popularized the ‘cult of heroes’, which promotes justice through the
physical elimination of enemies. Many researchers have concluded that young people who watch
violence tend to behave more aggressively or violently, particularly when provoked. Media bring
an individual’s to violence in three ways. First, movies that demonstrate violent acts excite
spectators, and the aggressive energy can then be transferred to everyday life. Second, television
can portray ordinary daily violence committed by parents or peers. Third, violence depicted in the
media is unreal and has a surrealistic quality. So the consequences of violent behaviour often seem
negligible.

Substance Abuse Risk Factors

Substance abuse is found in a majority of cases of juvenile delinquency, two trends are identified
in regard to substance abuse and minors. First, juveniles are using more powerful drugs today than
was the case as recently as 10 years ago. Second, the age at which some juveniles begin using
drugs is younger. Children in elementary schools are found to be using powerful illegal drugs. The
use of these illegal substances or the use of legal substances illegally motivates young people to
commit crimes to obtain money for drugs. Additionally, juveniles are far more likely to engage in
destructive, harmful and illegal activities when using drugs and alcohol.

Identification
Through the process of identifying potential risk factors that spur a juvenile to inappropriate and
even illegal conduct and behavior, early interdiction can occur. Positive intervention, through
programming, education and counseling, can divert a juvenile from a path that otherwise would
result in delinquency as a child and crime as an adult.
Migration
People are migrating from villages to cities because of loss of land by river, and unemployment.
They take shelter in slum areas, pavements and streets and remain deprived of basic necessities.
Father and mother go out to earn their livelihood, leaving their children uncared and unattended.
In this situation politicians and many other people used children (popularly known as tokai) in
dawn to dusk strike, and the children either picket or ransack cars or glasses of shops. Moreover,
the criminals utilize children in pick pocketing and petty thievery.
Surrounding Environment and Company
Sometimes juveniles become delinquent because of bad company and surrounding environment.
Due to tender age they cannot understand the far-reaching consequences of their activities. They
can be trapped into surrounding environment of slum area, and smuggling zone. Because of evil
company sometimes juveniles go to brothel, consume drugs, and commit different kinds of
criminal activities.16[16]
Factors that increase Juvenile Delinquency
Although juvenile arrest rates have declined in the last several decades there are still valuable
aspects of community, programs, and protective factors that can decrease the likelihood of juvenile
delinquency.
Individual Risk Factors:

 Early aggressive behavior towards others and animals

 Substance abuse
 Association with antisocial or delinquent peers

Family and Community Risk Factors:

 Childhood maltreatment
 Parental criminality
 Poverty

These are some of the top indicators that a juvenile is more prone to delinquent acts. Spotting these
risk factors and providing intervention early on, can greatly help reduce the negative effects of
these risk factors.17[17]
The Juvenile Justice System
Juvenile justice is the area of criminal law applicable to persons not old enough to be held
responsible for criminal acts, in most states, juvenile justice law is applicable to those under 18
years old. Juvenile law is mainly governed by the juvenile justice codes of states. The main goal
of the juvenile justice system is rehabilitation rather than punishment.
Juvenile justice is administered through a juvenile or family court, however, but juvenile court
does not have jurisdiction in cases in which minors are charged as adults. Where parental neglect
or loss of control is a problem, the juvenile court may seek out foster homes for the juvenile,
treating the child as a ward of the court.
The Federal Juvenile Delinquency Act defines juvenile delinquency (any act that is otherwise a
crime, but is committed by someone under 18 years of age) and sets forth rules by which state laws
must comply with regard to juvenile court procedures and punishments. The purpose of the act is
to assist states and local communities with funding and standards to be used in providing

16[16] Sheikh Hafizur Rahman Karzon, Theoretical and applied criminology.

17[17] http://shesabutterfly.hubpages.com
community based preventative services to youths in danger of becoming delinquent, training
individuals in occupations providing such services, and providing technical assistance in the
field.18[18]
If the person who is accused of committing the crime was less than 18 years old at the time of the
offence, he or she will usually be dealt with through the juvenile justice system. This system
recognizes that some young people do hurt other people and their property, and should do
something to make up for this. However, they do not have the full legal responsibilities of an adult,
and may still be in the process of learning about these responsibilities and how to exercise them.
In South Australia, youths who abide by the law, but made mistakes in growing up, are encouraged
to start life without being limited by youthful errors.
However, the principle of restoration is an important one. This can be demonstrated through the
Family Conference system. Under the Young Offenders Act 1993, Family Conferences are held,
in certain circumstances, as a way of diverting young offenders from court where the offence is
minor. Family Conferences provide an opportunity for the young person, the victim of the offence,
family, supporters and a police officer to discuss what has happened, how it has affected each
person and how the offence will be dealt with. The conference is chaired by a Youth Justice
Coordinator who encourages all participants to arrive, by consensus, at an appropriate outcome.
An outcome may include agreement by the youth to pay compensation, apologize either in person
or in writing, perform community service, and participate in various programs or anything else
that is considered appropriate under the circumstances. Victims are encouraged to contribute to
discussion regarding suitable restitution for the harm caused, or how the harm should be made
good. Compliance with undertakings is monitored by the Youth Justice Coordinator, and you will
be informed of the outcome at the conclusion of the case. Having you present at a conference can
significantly affect a young person's understanding of the consequences of his or her offending
behaviour. The process therefore encourages a young offender to take responsibility for that
behaviour and participate in a process that is both restorative and healing for all participants.19[19]
Necessity of Separate Juvenile Justice
According to Judge Thomas Edward of the juvenile courts of Santa Clara County of California,
It depends on many, many circumstances. But very generally, the 14-year-old does not have the
level of maturity, thought process, decision-making, experience, or wisdom that a 24-year-old
presumably has.
Secondly, a 14-year-old is still growing, may not appreciate the consequences of that type of
behavior, and is susceptible to change, at least to a higher degree than a 24-year-old is. . . . I think
we have a real shot at trying to straighten out the 14-year-old, and even the people who are a little
bit hard-nosed in the system, such as your average prosecutor, will sometimes grudgingly admit
that, with a 14-year-old, given the proper level of accountability and the proper types of programs
to change their behavior, we have a chance at salvaging these kids.
But with a 24-year-old, I think the whole consensus of opinion is, "You've had your chance, you're
now an adult, you've made a bad decision, you've hurt somebody, you've done it. Now you pay the
price."
According to Judge Ladoris Cordel of the same court,

18[18] http://definitions.uslegal.com

19[19] http://www.voc.sa.gov.au
If the 14-year-old engages in criminal conduct, and it's the same kind of conduct that the 24-year-
old engages in, I don't think the response of society . . . should be to look only at the fact that they
engaged in the same behavior, so treat them both the same as adults. That does not make any sense
on its face. They have different life experiences that got them to that point. If the 14-year-old who
got to that point can still benefit from having some kind of services to treat this person, to help
them better have a life because they're only 14, then we ought to do it. . . .
. . . The problem is that we're taking 14-year-olds, 15-year-olds, 16-year-olds, and we're giving up
on them. We're saying, "You've committed a crime, and we're just going to give up on you. You're
out of here; society has no use for you." We're throwing away these kids. And I have found, in my
own experience, that there are salvageable young people who have committed some very horrible
kinds of crimes, who are able to get their lives together and be productive members of society. I
think it is a mistake to just carte blanche give up on these young people just because of the nature
of the conduct, when there is so much more that goes into why that person got there at that point
in time so young in their lives. . . .
I have had these young people come into my court charged with committing some violent acts as
serious as murder, but they had not gone into the adult system, because it was a decision I made
as a result of a fitness hearing that this person indeed was amenable to treatment. And in some
cases--not all, but in some cases--I have been proved right. So I know that this can happen. Lives
can be turned around. ...20[20]
Juvenile delinquency in Bangladesh
Juvenile Delinquency is one of the serious problems of mass society .It is almost an outcome of
rapid urbanization and industrialization of modern times. This has almost become a universal
problem in most of the industrialized countries including India & Bangladesh. Before proceeding
further it is necessary to understand what Juvenile Delinquency is.
Delinquency is a kind of abnormality. When an individual deviates from the course of normal
social life, his behavior is called Delinquency. When a juvenile, below an age specified under a
statute exhibits behavior which may prove to dangerous to society or to himself he be called a
Juvenile Delinquency.
The second United national Congress on the prevention of the prevention of crime and treatment
of offenders (1960) states, “By Juvenile Delinquency should be understood the commission of an
act which is committed by an adult, would be considered a crime”.
In Bangladesh we have not experienced any counter youth culture like Teds, Mods, Rock'n'Roll,
Hippy or Punk of Britain or any young gang culture of the U.S.A. outraging moral and social
concern. But the process of urbanization (which started from 1960s), migration from village to city
(which started at a large scale from 1980s), vulnerable economic condition and impact of
globalization caused social transformation, though slow, of Bangladesh. The large joint families
started to break into segments and single parent family begun to get prominence. Economic
deprivation, unemployment, poverty, flimsy family ties, media influence and criminalized politics
made a fertile ground for increased rate of juvenile delinquency.
There are three correctional centres in Bangladesh for rectification and rehabilitation of juveniles.
Two (one is in Tongi, and other in Jessore) for male child, and one (it is in Kunapara) for female
child. Two categories of children are kept therefirst category constitutes of uncontrollable children
and referred by parents and second category comes to the correction centre’s after committing
offences and referred by courts.

20[20] Criminal Justice Magazine, published in spring 2000 by the American Bar Association.
In simple words, it can be said that Juvenile Delinquency is a type of abnormal or anti-social
behavior by a juvenile who is below an age specified by statue. Each country has its own precise
definition of the age range covered by the world juvenile. India & Bangladesh it is 16 years up
Cause of Juvenile Delinquency in Bangladesh
A considerable segment of people of this country are very poor. They live below poverty line in
terms of the true indicators of poverty. According to recent statistics, around 6.5 million people of
Bangladesh are living below poverty line. Due to poor economic condition, parents cannot get
their children to go to educational institutions and assist them in developing good educational or
vocational career. Parents want their children to assist them in work field instead of going to
educational institutions. Sometimes parents cannot provide their children with all basic necessities
of human life, specifically food and clothing. Then the poor children set their legs out towards
criminal activities. The children do not know which activities are lawful and which are not. They
require some work which can provide their food and clothing. Organized gangs deploy poor
children in criminal activities by taking advantage of their vulnerable economic condition. Recent
statistics show that, huge number of poor children (under 16 years of age) of Jessore and Khulna
has been deployed in carrying Phensydil, and other contraband drugs. Some poor children become
members of pick pocket gangs and petty thievery.
Problematic family is a crucial cause for the deviation of the juveniles. Absence of father or mother
due to death or divorce, lack of parental control, lack of home discipline, bad relation between
father and mother, presence of criminal among the members of family are the principal indications
of problematic family. Due to these problems the mental growth of a child takes an abnormal
course. In slum areas adult males and females get married several times. They have children of
their first and second marriages. These children are not usually taken care of. These uncared
children become notorious criminal of different organized gangs. The juveniles of a well-off
family having father residing abroad derails due to lack of father's guidance. They get huge amount
of money from their father. Affluence and father's absence makes the juvenile to involve with
vicious circle.
Due to poverty, loss of land by river erosion, and unemployment lots of people has been migrating
from different parts of the country to Dhaka and other metropolitan cities. Large scale migration
from village to city started from 1980s. Many women of rural areas came to city and started
working in garment factories. This titanic migration had degenerating affect on city life destroying
social equilibrium of Dhaka, Chittagong and some other metropolitan cities. The people coming
from villages usually take shelter in slum areas, pavements and streets. They are deprived of basic
necessities and basic amenities of life. Father and mother of the family go out of their abode at the
very first hour of the day for earning money remaining their children uncared and uncontrolled. In
this situation children (popularly known as tokai) are used by the politicians in their political
activities, which include picketing and ransacking cars and shops. They are also utilized by the
organized gangs in their criminal activities.
Surrounding environment of slum area, smuggling zone and crime prone areas are very vulnerable
for the juveniles. When residing in such areas juveniles come in contact with criminal pattern and
learn criminal techniques, then they become notorious criminals. Action movies and obscene
pictures have negative impact on the mindset of the juveniles. The violence and sexuality
visualized in the movies make the juvenile to go brothel and involve them with violent activities.
There is no single cause or simple explanation for the development of delinquency behavior but
there is different cause of delinquency. The different causes are being followed.
Family aspect of delinquency
Under family influence, the study could be made under the following subheads:
(a). Broken family : There are many reason of broken home. It may be due to divorce, death of
one parent, separation imprisonment of either father or mother.
(b).Immoral home: The children of home where there is sexual relation or drinking is not
considered bad or beating children etc, is a common feature and there is no good treatment with
children also, become easily the prey of crime.
(c). Parental rejection of the children: If a child does not get love and affection of parents, or is
not taken care of properly , or where there is lack of vigilance over the child, that child easily
adopts the criminal activities to produce hi mental tension.
(d). Over busy parents: If the parents are over busy, they are not able to look after the child
properly with the result that the children as they wish and become s delinquent.
(e). Economic condition of the family: There is more incidences in the children of too reach
people. Sometimes on the other hand, the children of too reach people also become criminal
because they get more money than required.
Physical and Biological factor
Due to infirmity and poverty people do not get the respect in society with the result that they
become criminals. In order to compensate that handicap ness they indulge in criminal activities.
There are many reasons for juvenile delinquency of girls. They suffer from sexual desire from
childhood, they become overdeveloped in body, and they indulge in sexual offences. They try to
compensate that infirmity by doing anti-social activities.

Psychological factor
Along with physical factors, psychological factors are also important in juvenile’s delinquency.
Many crimes are committed due to mental deficiency. In prostitution many girls of lower mentally
developed are found.21[21]

Features of Juvenile Delinquency in Bangladesh

All the political and socio-economic variables brought about changes both in the rate and pattern
of adult crimes as well as juvenile delinquency. Many social factors are contributing to the
commission and increase of juvenile delinquency in Bangladesh.
Number of Juvenile Delinquents in Independent Bangladesh
Year Number of Juvenile Delinquent Total
Male Female

In Bangladesh, the frequency of juvenile offence has risen with the increase of population. The
socio-cultural and economic changes took place in the context of growing industrialization,
urbanization and global and national media influence. The process of urbanization has affected the
family life in our country, causing the breakdown of family values and the subsequent growth of
social disorganization, which has worsened the juvenile delinquency situation in Bangladesh.

21[21] http://emonhossain.hubpages.com
The nature and extent of juvenile delinquency in Bangladesh, like any other society, depends on
the socio-economic reality of a child. The children of Bangladesh involve themselves in different
types of deviances, namely those are: stealing, murder, pick-pocketing, fraud, truancy, fighting,
sexual perversion etc. Children brought up in a poorly organized family environment who have
problematic personality traits are found to engage in smoking, beggary, burglary, rape etc.
Nature of Juvenile Offences
Nature of Offences Number of Offenders (in %)

The above figures indicate that juvenile delinquency in Bangladesh mainly includes two types
of offences: stealing and pick-pocketing.
Age and sex occupy prominent place in the etiology of juvenile delinquency. Both the variables
are necessary in defining and explaining juvenile delinquency. Age is very significant because
aggressiveness, in most of the cases, will down with the growth of age. Sex should be taken into
considerable to get an insight into the problem of delinquency, both adult and juvenile, as male
constitutes overwhelming majority in the ratio.

Age Distribution of the Offenders

Number of Distribution of Age Total
Offences 7-12 13-18 19-24 25 and above

The above table indicates that the teen-agers (13-18) committed the highest numbers of crimes. In
addition to age and sex, the ecological distribution of crimes gives an impression about the nature
of offences and in which social environment, urban or rural; they take place, as juvenile
delinquency is largely an urban phenomenon, though juvenile delinquency is not totally absent in
villages. In rural areas the parents usually handle the deviant children. In cities when family fails
to control a derailed child, there are agencies. Like police, probation officer, development centres,
to deal with the problem.
Ecological Distribution of the Offenders
Characteristics Number of Cases

Total
The above figures indicate that most of the offenders come from urban areas, though their family
never lived in cities.
Juvenile courts
A juvenile court (or young offender's court) is a tribunal having special authority to try and pass
judgments for crimes committed by children or adolescents who have not attained the age of
 majority. In most modern legal systems, crimes committed by children and minors are treated
differently to the same crimes committed by adults.
Severe offenses, such as murder and gang-related acts, in 44 states of the USA are treated the same
as crimes committed by adults. It was reported in 2007 that "Beginning around 35 years ago,
increases in violent juvenile crime permitted judges to transfer juveniles to adult-criminal courts.
No national data exist on the number of juvenile offenders prosecuted as adults. The main
difference between a juvenile court and an adult court in England is that the juvenile court has a
much wider jurisdiction in terms of the offenses it can try. It can deal with a juvenile for any
offense except homicide, although it is not bound to deal with a young person for a serious offense
such as robbery or rape; on such a charge he can be committed to the Crown Court for trial in the
same manner as an adult."
In Bangladesh the government may, by notification in the official gazette, establish one or more
juvenile courts for any local area22[22] and absence of juvenile courts the following Courts shall
be empowered to work as Juvenile Court:23[23]
1. The High Court division,
2. Sessions Court,
3. Additional Sessions Court,
4. Sub-Divisional Magistrate,
5. First Class Magistrate
Juvenile Courts have the following powers:
1. It shall have power to try any case in which a child is charged with the commission of an offence.
2. It shall deal with or dispose of any other proceeding under this act.
These courts can try all cases originally or on appeal or in revision.24[24]A juvenile court can try
all cases in which a child is charged with the commission of an offence, but shall not have power
to try any case in which an adult is charged with any offence mentioned in part VI of this
Act.25[25] No child shall be charged with, or tied for, any offence together with an adult.
Trial Procedure for juvenile Delinquents
Children Act forbids joint trial of a juvenile and an adult. Where any criminal court found any
juvenile charged for any offence with adult person, it shall try the juvenile separately. Though
under section 239 0f Criminal Procedure Code joint charges of the persons accused in the same
transaction is allowed, section 6 of Children Act shall be an exception in this regard. If any court
fails to comply with this section and tries any juvenile along with adult persons, it shall be the
violation of Children Act and also beyond his jurisdiction. In shiplu and another v. state26[26],
High Court Division declared the judgment of lower court in this ground. In a case where at the
time of commission of the offence a person was child but at the time of trial he exceeds 16 years

22[22] Section 3, The children Act, 1974

23[23] section 4, The Penal Code, 1860

24[24] Section 4, The Children Act, 1974

25[25] Section 5, The Children Act, 1974

26[26] 49 DLR HCD,53

 of age, trial along with adult shall be valid. Though Children Act is silent in this matter, the issue
is settled by the High Court Division in Bimal Das v. state27[27] where Court observed:
“……..the age referred to in the section relates to the age when he is charged with or tied for and
not to the age when the offence has been committed.”
In the trial of a case in which a child is charged with an offence, court shall sit in a building, or a
room different from that in which the ordinary sittings of the court are held, or on different days,
or at different times from those at which the ordinary sitting of the court are held.28[28]
Criminal Procedure Code declares criminal court as open court.29[29] But this rule is being
relaxed for the Juvenile Court. The trial of juveniles shall be held in camera. Only people directly
involved in the case and the officers of the court can be present during the trial. The Court may
also ask people not involved in the case to withdraw.30[30]
Punishment, Probation and Rehabilitation of Juvenile Delinquents
According to the Children Act, no child shall be sentenced to death, transportation, or
imprisonment unless the court is of the opinion that the crime committed is of so serious nature or
the child is so unruly or depraved that he can not be committed to a certified institute, the child
can be sentenced to imprisonment.31[31] a youthful offender sentenced to imprisonment shall not
be allowed to associate with the adult prisoners.
The following factors have to be taken into considerable by the court while passing any order under
the Children Act:32[32]
1) the character and age of the child;
2) the circumstances in which the child is living;
3) the reports made by the probation officer; and
4) Such other matters required to be taken into consideration in the interests of the child.
The juvenile Court may appoint Probation Officers from among suitable persons in the district, if
there is no Probation Officer in its area and may appoint a Probation Officer for a particular
Juvenile. The duties of probation officer shall be supervised by the Juvenile Court and where no
court exists, the court of sessions.
Steps taken for the Juvenile Delinquents in Bangladesh
Government initiatives for meaningful and effective operation have been intensified and taken
with all seriousness in recent times. The government has so far established three Correctional
Institutes under the provision of the Children Act, 1974, each of which is consisted of one Juvenile
Court, one Remand Home and one Training Institutes. These institutes are:
1) National Correctional Institute for boys at Tongi, Gazipur,
2) National Correctional Institute for girls at Konabari, Gazipur,
3) Correctional institute for boys at Jessore.

27[27] 46 DLR HCD, 460

28[28] Section 7 of the children Act, 1974

29[29] 7 BLC 2002 HCD, 409

30[30] Section 9 of the Children Act, 1974

31[31] Section 51 of the Children Act, 1974

32[32] Section 15 of the Children Act, 1974

 Another Correctional Institute having similar programme components is going to be established at
Kashimpur, Gazipur.These institutes deal with the following programmes :
1) Vocational Training programs,
2) Educational program,
3) Counseling for Correction and Rehabilitation,
4) Recreational Activities and many other programs.
Prevention of Juvenile Delinquency
Delinquency prevention is the broad term for all efforts aimed at preventing youth from becoming
involved in criminal, or other antisocial, activity.

Because the development of delinquency in youth is influenced by numerous factors, prevention

efforts need to be comprehensive in scope. Prevention services may include activities such as
substance abuse education and treatment, family counseling, youth mentoring, parenting
education, educational support, and youth sheltering. Increasing availability and use of family
planning services, including education and contraceptives helps to reduce unintended
pregnancy and unwanted births, which are risk factors for delinquency.
It has been noted that often interventions may leave at-risk children worse off then if there had
never been an intervention. This is due primarily to the fact that placing large groups of at risk
children together only propagates delinquent or violent behavior. "Bad" teens get together to talk
about the "bad" things they've done, and it is received by their peers in a positive reinforcing light,
promoting the behavior among them. As mentioned before, peer groups, particularly an association
with antisocial peer groups, is one of the biggest predictors of delinquency, and of life-course-
persistent delinquency. The most efficient interventions are those that not only separate at-risk
teens from anti-social peers, and place them instead with pro-social ones, but also simultaneously
improve their home environment by training parents with appropriate parenting
styles.33[33]Parenting style being the other large predictor of juvenile delinquency.
We can prevent the juvenile delinquency by using these-
 Social agencies
 Private agencies
 Government agencies
Under these Major agencies we may discuss the following agencies.

Family
It is main agencies of social control. Family has the right to control over the member and stopped
them from committing delinquent.
Neighborhood
Neighborhood co suggest a delinquents that he can be a honorable man in future. So a delinquent
may give off his tendencies of delinquent.
School

33[33] Dishion & McCord (1999). When interventions harm: Peer groups and problem behavior.
 In every educational institution the proper education have to provides the children and teach them
the affects of anti-social activities. By which children grown up as a best citizen.
Private agencies
Private agencies like voluntary association can take proper step to prevent The Juvenile
Delinquency. They can provide children the instrument of good recreation, like the instrument of
different play, Football, Badminton, Cricket, and so on. By which children will give much attention
towards the recreation. In this way Juvenile Delinquency may be prevented.34[34]
Conclusion
Juvenile delinquency is one of the most important social problems in Bangladesh. This problem is
increasing day by day. Because of the poverty, family conflict, industrialization, slum problem,
differential association, lack of basic needs, lack of proper recreation etc. the juvenile delinquency
are increasing in an alarming rate. As a result, the juveniles are involved in various criminal
activities. A large number of juveniles are depriving from many facilities and proper environment
that are necessary for their mental development. Many of them are depriving from proper
education. So, juveniles are not developing in mental outlook and that led them to become a
criminal in the society. As a result, the juveniles are involving in drug addiction, murder, children
kidnapping, stealing, pick-pocketing, bombing, keeping arms, and watching worst movies etc.
criminal or anti-social activities. But for this brutal situation the juveniles are not only blamed, but
also blamed our social structure. There are more than 6.5 million people living under poverty line.
A large number of families cannot able to fulfill their children’s basic needs. For this reason, these
children concentrated on out and illegal source for fulfill their needs. As a result they follow the
illegal way and are involving in many criminal activities. In the country, a large number of
juveniles have spent most of the time with their friends because of family conflict and quarrel.
They are affected by their bad company. If their company is involved in various anti-social
activities, they (juveniles) are also involving in these anti-social activities by terrible effects of
company. So, the proper protection is so essential to return the juveniles from their fault. Therefore,
by which problems the juveniles are involving in various anti-social activities, every citizen of the
country should identify these problems to return the juveniles in proper environment.
Recommendations
For the wellbeing and development of the juveniles some recommendations are given bellow:
 Parent should take proper care to their children so that they cannot interact with bad company.
 Basic needs are so important for any children. Lack of proper basic needs, the children influences
in illegal way to fulfill their basic needs. So, every parent should concentrate for that.
 Education is an important basic need for the juveniles. Lack of proper education they cannot
identify the fair and ideal way. We should ensure the proper education for them by educational
institution.
 The juveniles are influenced by their family interaction. So, every parent should love their
children, and play necessary control over their immature children.

Movie influences the juvenile to involve in various criminal activities indirectly. So, we should
provide them constructive recreation for their mental development.

34[34] http://emonhossain.hubpages.com
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36[2] Siegel, Larry J., and Brandon Welsh. Juvenile Delinquency: The Core. 4th ed. Belmont,
CA: Wadsworth/cengage Learning, 2011.
37[3] Steinberg, L. (2008). Adolescence, 8th ed. New York, NY: McGraw-Hill
38[4] Moffitt (2006). Life course persistent versus adolescent limited antisocial behavior. In D.
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39[5] The Innocenti Digest, 1997:10

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43[9] Aguilar, Sroufe, Egeland, & Carlson, 2000
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56[22] Section 3, The children Act, 1974
57[23] section 4, The Penal Code, 1860
58[24] Section 4, The Children Act, 1974
59[25] Section 5, The Children Act, 1974
60[26] 49 DLR HCD,53
61[27] 46 DLR HCD, 460
62[28] Section 7 of the children Act, 1974
63[29] 7 BLC 2002 HCD, 409
64[30] Section 9 of the Children Act, 1974
65[31] Section 51 of the Children Act, 1974
66[32] Section 15 of the Children Act, 1974
67[33] Dishion & McCord (1999). When interventions harm: Peer groups and problem behavior.
68[34] http://emonhossain.hubpages.com