Assignment On Treatment Approaches For Juvenile Delinquents (405) - 2
Assignment On Treatment Approaches For Juvenile Delinquents (405) - 2
Assignment On Treatment Approaches For Juvenile Delinquents (405) - 2
Submitted To
Farzana Rahman
Lecturer
Department of Criminology and Police Science
University of Chittagong
Submitted By
Group-A
20409001 Md Tousif
Concept of Juvenile
A juvenile is a person who has not yet attained the age of eighteen years. In other
words, individuals under 18 years of age.
According to the Cambridge Dictionary, “Juvenile relates to a person who is yet old
enough to be considered an adult.”
The phrase "juvenile" refers to young people who are not yet adults, are
idiosyncratic, and more like children than adults. A young kid who has committed a
crime but is not yet an adult is considered a juvenile delinquent.
In 1484, William Coxson coined the term "delinquent" to characterize an individual
convicted of a customary offence. To put it another way, delinquency can be defined
as a behaviour that deviates from the social norms of acceptable behaviour.
Juvenile Delinquency
Juvenile delinquency includes all sorts of public wrongs committed by young people
between the ages of 12 and 20.
The United Nations Guidelines for the Prevention of Juvenile Delinquency clearly
defines that “Juvenile Delinquency refers to youthful behaviour or conduct that does
not conform to overall social norms and values.”
A juvenile delinquent is an individual who, usually under the age of 18, performs an
act for which they would have been prosecuted as an adult. People under the age of
eighteen may be charged and tried as adults depending on the nature and seriousness
of the offence (Schwartz, 1953). Furthermore, juvenile delinquency can also be
defined as follows: misbehaving teenager, miscreant, misguided teen, misguided
young person, neglectful fledgling, offending immature person, violator under age,
young wrongdoer, derelict adolescent, derelict inexperienced person, derelict junior,
immature youngster (Eadie, 2003).
2. criminal behaviour, crimes dealt with by the criminal justice system, and
3. Status offences, offences which are only classified as such because one is a
minor, such as truancy, are also dealt with by the juvenile courts.
The juvenile justice system deals with the sentencing, educational, recreational, and
safety conditions, providing the programs for rehabilitation and reintegration of
youngsters.
Discussion
1. The Penal Code states that a person in Bangladesh must be at least nine
(formerly seven) years old to be considered criminally responsible (S-82).
2. Contract Act, 1872: A person should be treated as a minor or child if they are
under the age of 18.
4. The Vagrancy Act of 1943: A person is still regarded as a kid up until the age
of 14.
5. Concerning the age of the kid, the Children Act, 2013 states that "anyone up
to the age of 18 years is defined as a child in section 4."
6. The Children's Rights Convention (CRC): One should be treated like a child
until they become eighteen (Article 1). "Every human being below the age of
eighteen, unless under the law applicable to the child, the majority is attained
earlier," states Article 1.
2. Substance abuse
5. Childhood maltreatment
6. Parental criminality
2. Lack of attachment
4. Poverty
6. Peer groups
The following fundamental facts and trends can be used to categorize the current
state of adolescent delinquency and crime:
A rise in violent and serious crimes has been noted among young people.
In certain cases, high-level group crimes resulting from the actions of ethnically
based delinquent organizations are linked to the challenges faced by immigrants and
their offspring.
Juvenile crimes are frequently associated with less evident causes; for example, such
behaviours may be a reflection of specific religious radicalism-derived teachings or
customs, or the need to build gender identity through violence.
Adolescents and children in challenging situations are easy targets for organized
crime's involvement in sexual exploitation, drug trafficking, and armed wars.
Many young people worldwide have been forced to become independent due to
family breakdown, poverty, and the loss of parents to HIV/AIDS or armed conflict
(Cauffman and others, 2007).
There are a multitude of different theories on the causes of crime, most if not all of
which apply to the causes of juvenile delinquency.
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 emphasized. Rational choice theory is the clearest example
of this idea. Delinquency is one of the major factors motivated by rational choice
(Aaron and others, 2010).
Strain- 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 (Bartol, 2009). 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.
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.
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 the most
anxiety to the public.
Differential Association Theory: This theory examines how peer pressure and the
presence of gangs may influence young people to commit crimes in a group setting.
It implies that juvenile offenders are inspired to commit crimes by their delinquent
friends, from whom they also pick up criminal abilities. Men's decision to stop
offending has also been linked to their peers' lessening influence following marriage.
Empirical research suggests that juvenile offenders who have criminal associates are
more likely to become criminals themselves (Moffitt, 2006). Instead of delinquent
friends inspiring someone to commit an offence, criminals may prefer to hang out
with each other. In addition, there's the matter of how the delinquent peer group
became that way in the first place.
iii. Indirect: by identifying with people who have the power to shape conduct, for
example, since a delinquent act could hurt and disappoint parents or other close
relatives.
iv. Control through wants satisfaction: If a person's needs are fully satisfied, there is
no need for them to engage in illegal conduct.
Juvenile Justice has become an international issue since the Convention on the
Rights of the Child (CRC) came into force in 1990. Articles 37 and 40 of the
Convention on the Rights of the Child (CRC) specifically mention the treatment of
children in conflict with the law.
There are other three significant UN-sponsored documents relating to the standards
and guidelines for the treatment of children and young people in conflict with the
law.
Bangladesh has not fully taken into consideration the CRC and international
instruments on juvenile justice in reforming laws and the juvenile justice system.
Bangladesh’s juvenile justice system has been defined as “insufficiently addressed’’
by the UN Committee on the Convention on the Rights of the Child. In Bangladesh,
the Children Act of 2013 is the principal law relating to children. It deals with both
children in conflict with the law and children in need of protection.
Children under a certain age can enter the criminal justice system through the
juvenile justice system. The juvenile justice system is essentially the process of
administering justice to kids who are charged or claimed to have violated the
criminal laws of the nation. Now the Juvenile Justice system is governed by the
newly enacted law named The Children Act 2013 widely known as Shisu Ain 2013.
The Children Act 2013 was passed with provisions for kid-friendly Children's Courts
and other kid-friendly practices in a variety of settings, including police stations
having child help desks, a national child welfare board being established, probation
officers, and alternative preventive measures based on the CRC that would guarantee
separate justice for children.
(a) Creation of Juvenile Court: Under the Children Act, the government is required
to create juvenile courts wherever it deems appropriate. The Act gives the court of
Additional Session Judge, Assistant Session Judge, Magistrate First Class, and the
High Court Division Court the authority to exercise juvenile court jurisdiction up to
and unless the juvenile courts are constituted. A juvenile court will handle two
primary tasks. The first task is to try instances in which a minor is accused of
committing an offence; the second is to handle and resolve other cases under the Act.
It should be noted that children might be taken before the juvenile court for reasons
other than just a trial, such as for their treatment, care, and protection. When destitute
children are brought before the court, for instance, the court may order that the
children be sent to the approved home after receiving an acceptable amount of
satisfaction.
"...trial Court failed to apply its judicial mind as to the age of appellant Shiplu, who
appears to have been below the age of 16 years at the time of trial," it was decided
in the case of "Shiplu and another Vs State," 49 (1997) DLR, HCD, at p. 53. This
renders the conviction and sentence imposed on appellant Shiplu by the trial liable
to be overturned for lack of jurisdiction.
(b) Prohibition of joint trial: The Act forbids trying a kid concurrently with an adult;
even if the youngster commits the same crime as an adult, he must have his trial. Put
otherwise, if an adult and a child commit a crime together, their trials will not be
held concurrently.
The court ruled that the trial of the child and adult together is void ab initio in the
case of "Bangladesh Legal Aid and Services Trust and others v. Bangladesh and
others" (2002) 7 BLC (HCD) 85.
It was decided in the case of "Bimal Das v. State" 46 DLR 460 that an adult trial
would be admissible in situations where the defendant was under 16 when the
offence was committed but was an adult at the time of trial. The age mentioned in
this section does not correspond to the age at which the offence was committed;
rather, it refers to the age at which he is accused.
It was decided in the case of "Bimal Das v. State" 46 DLR 460 that an adult trial
would be admissible in situations where the defendant was under 16 when the
offence was committed but was an adult at the time of trial. The age mentioned in
this section does not correspond to the age at which the offence was committed;
rather, it refers to the age at which he is accused.
(d) The court's reformative approach: The Children Act states that no child may be
sentenced to death, transportation, or imprisonment unless the court determines that
the offence committed by the child is so serious or that the child is too mischievous
to be placed in a recognized institution. In such cases, the child may be sentenced to
imprisonment. The Children Act's recommendations for child offenders' reform are
one of its key features. It stipulates that the criminal would be given priority by the
court above the offence he committed.
The High Court Division confirmed in the case of "State Vs Deputy Commissioner,
Satkhira" {45(1993) DLR, HCD, at p-643} that the court will consider the child's
age, character, living conditions, and any other relevant factors before imposing a
sentence. In contrast to the criminal justice system, the court will not judge a kid
guilty only based on the act.
The Appellate Division overturned a decision made by Mr. Ikteder Ahmed, Bicharak
(District and Sessions Judge), Nari-O-Shishu Nirjatan Daman Bishesh Adalat,
Comilla, in the case of "Bangladesh Legal Aid and Services Trust and others vs.
Bangladesh and others" (Supreme Court Writ Petition No. 1341 of 2000), in which
the judge sentenced a juvenile offender to life in prison and disregarded "The
Children Act 1974."
(f) The Court's Child-Friendly Environment: All cases and proceedings will be heard
straightforwardly, without adhering to formalities, and careful attention will be given
to ensuring that the child against whom the case or proceeding has been instituted
feels comfortable and at home during the hearing.
The Children Act, 2013, was passed on June 16, 2013, by the National Parliament.
It was in effect from August 21, 2013. The new act consists of 11 chapters and 100
sections and is associated with the United Nations Convention on the Rights of the
Child (CRC) and replaced the Children Act 1974.
Definition of Children and Age of Criminal Responsibility
The Children Act, of 1974 defined a child under the age of 16. The new Children's
Act defines children as any individual up to the age of 18 years. According to the
penal code, an act can’t be defined as an act committed by a child under the age of
9 years. Moreover, a child can’t be accused of a crime until he doesn’t understand
the nature and consequences of the act done by him, he should be free from criminal
responsibility.
The act has prohibited the arrest or detention of a child below the age of 9 years. It
also prohibits arrest or detention of any child. If a child is arrested, he can’t be
handcuffed or tied with rope around his waist. The officer must arrest any child to
determine the age of criminal responsibility and to inform CAPO (Child Affairs
Police Officer) of the reason for the arrest, place, and every detail of the allegation
brought against him.
When a child is engaged in any offence with an adult, there will be a separate charge
sheet for the child and that child should be tried separately. Children Act, 2013
prohibits joint charge-sheet and joint trial of a child with an adult.
The trial of a child should be done on camera. The concerned parties relating to the
children including parents, legal guardians or any member of the family, officers,
and employees of the court, CAPO, the concerned lawyer, or any person may present
in the court. The new act provides a timeframe for completing the trial within 360
days from the day of the appearance of the child. If the trial is not completed within
the time, the court may order an additional 60 days for the completion of the trial.
Punishment of Juvenile Delinquents
Whenever a child is found to have committed any offence, the court cannot use terms
such as “offender”, “convicted”, or “sentenced” instead of terms such as “guilty
person”, or “found guilty”.
Probation
The Children Act, 2013 provides the provision for the appointment responsibilities
and duties of probation officers. Moreover, it provides for the appointment of one or
more probation officers in every district, upazila, or metropolitan area.
The responsibility of the probation officer is to ensure the reason for which he was
brought to the police station, to provide the child with all kinds of assistance, to
communicate and coordinate with the police about the case well as to evaluate the
possibility of bail for the child with the Child Affairs Police Officer.
Rehabilitation and Reintegration
There are three juvenile correction centres in our country with remand home
facilities. They are considered to be specialized agencies for taking care of children
who come in conflict with the law. The key objective of this correctional institution
is to promote the rehabilitation and reintegration of children.
Family Therapy
Therapy and family participation are crucial components of the juvenile offender
rehabilitation process. Many families with several siblings experience time
constraints and insufficient attention for each child, which contributes to the
delinquency of juveniles. Additionally, the parents' lack of involvement is a result
of other problems including substance misuse, jail, or poverty. Because family
therapy gives the family a chance to comprehend the circumstances of their former
delinquent child, it also facilitates the rehabilitation of the entire family. The control
theory (1969) is explained by family therapy, which fosters the development of
strong social relationships through treatment. As a result, juvenile offenders are less
likely to re-offend since they are reestablishing a solid foundational relationship.
3. The National Correctional Institute for Boys at Tongi, Gazipur are these
institutes.
• Education Program
• Recreational activities
Wood Works
Education Program
Education is necessary. Indeed, education facilities are provided inside the prison.
Moreover, religious education is also provided to the children for moral
development.
• Individual casework
• Motivation
• Parents Guidance
• Follow-up
Recreational activities
Farzana Boby, a sub-inspector at the child affairs desk of Khulna's Sonadanga Model
police station, stated, "A child has to stay with serious crime convicts in the
correction centre." Remaining with those prisoners for an extended period makes it
difficult for a youngster to make amends in the future. Correctional community for
juvenile offenders, Dhaka Tribune, October 25, 2016
CAPO
Under the direction of the home ministry, a "Child Affairs Desk" is run by a "Child
Affairs Police Officer" (CAPO), who is at least a Sub-Inspector in rank. When
allocating the Child Affairs Desk's responsibilities, the respective police station's
female Sub-Inspector will be given preference. The following are the duties and
responsibilities of the Child Affairs Police Officer:
keeping separate files and registers for cases involving children; notifying the
probation officer when a child is brought to the police station;
notifying the child's parents or, in their absence, the guardian or members of his
extended family of the date on which the child must appear in court and other details;
offering the child immediate mental support; making arrangements for first aid and,
if required, sending the child to a clinic or hospital; and taking the necessary actions
to meet the child's basic needs.
Other duties: The Child Affairs Police Officer is also responsible for monitoring the
accuracy with which the child's age is ascertained, including whether the certificate
of birth registration or other trustworthy papers that are pertinent to the matter are
taken into account.
A school certificate, the date of birth provided upon enrollment, or any other
pertinent document may be considered if a birth certificate is unavailable.
The CAPO has the authority to release young offenders in exchange for an
agreement that ensures their care and rehabilitation will occur in their community
under the supervision of their guardians.
After issuing a verbal or written warning to the youngster in front of his parents or
legal guardian, the CAPO may release the child. Such warning shall not be held as
a record against the child.
4. Construct more large and smaller rehabilitation facilities while enhancing the
surrounding area
7. The government should prepare a yearly progress report on the situation of the
children’s justice system in the country.
Conclusion
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Lead to the Development of Conduct Disorder and Antisocial Personality Disorder.
Child Psychiatry and Human Development 31(3):183–193.
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12. Piquero; et al. (2003), The Criminal Career Paradigm: Background and Recent
Developments. Crime and Justice: A Review of Research30:359–360. JSTOR
1147702.
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Juvenile Justice System in Bangladesh: a Child Rights Perspective (2011)
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