PENALIZING YOUTH OFFENDERS AS

A CRIME DETERRENT

NAGA COLLEGE FOUNDATION

GRADUATE SCHOOL NOEL A. BALARES OCTOBER 8, 2011

13-years old, guns down 16-years

old friend, then self

Four “Batang Hamog” (child

criminals) picked-up for robberies

15 year old student stabs teacher

NEWS FLASH ! !

Totoy sinaksak ng kapwa bagets sa school

Tatlong taong gulang na bata, minolestiya ng dose anyos

na kalaro

NEWS FLASH ! !

FOURTEEN-YEAR-OLD Anna was raped and murdered by her cousin of the same age, Leon, in her house in Bicol.

In compliance with a new law on juvenile delinquents, Republic Act 9344, Leon was released from prison, without being subjected to any trial or penalty, as he supposedly acted without discernment.

Joey, 12, was caught carrying car tools bundled in his shirt and pulling out the berth of the car’s radio.

The owners filed attempted theft with the police but RA 9344 nullified the charges.

YOUNG, WILD AND

FREE?

FACTORS THAT CAN IDENTIFY

YOUNG PEOPLE INCLINED TO

DELINQUENT ACTIVITIES

• INDIVIDUAL RISK FACTORS

– Intelligence and education

• FAMILY RISK FACTORS

– lack of proper parental

supervision, ongoing parental

conflict, neglect and abuse

Robert Agnew (2008)

FACTORS THAT CAN IDENTIFY

YOUNG PEOPLE INCLINED TO

DELINQUENT ACTIVITIES

• MENTAL HEALTH RISK FACTORS

– personality disorders

• SUBSTANCE ABUSE RISK FACTORS

– juveniles are using more powerful

drugs today as 10 years ago

– the age at which some juveniles

begin using drugs is younger.

Robert Agnew (2008)

EXEMPTED UNDER

THE LAW

EXEMPTED UNDER THE LAW

Section 6

Juvenile Justice and Welfare Act of 2006

(Republic Act 9344)

a child fifteen years of age or under at the time of

the commission of the offense shall be exempt

from criminal liability

EXEMPTED UNDER THE LAW

Section 20

Juvenile Justice and Welfare Act of 2006

(Republic Act 9344)

a “child in conflict with the law” shall be

subjected to an intervention program

SITUATIONER

• over 500 children have been

transferred from jails to youth

homes

• over 1,500 criminal cases against

young offenders age 15 and

below has been dismissed as the

law is implemented retroactively

SITUATIONER

• In 2009, the Public Attorney's

Office alone has represented and

terminated a total of 4,254 cases

involving children in conflict with

the law

SITUATIONER

• The age of discernment has been

raised to 15 years old from nine

years old

• those 15 to 18 years can now

plead for lack of discernment for a

criminal act

SITUATIONER

• children (like Leon and Joey) can

be exempted from all criminal

accountability even for rape and

murder cases

WHY?

SITUATIONER

“...recognizes the rights of the

child who has breached the

law...consistent with the

promotion of his or her sense

of dignity and worth.” – The Government of the Republic of the Philippines

(as a signatory of the UN Convention on the Rights of

the Child)

SITUATIONER

these “children in conflict

with the law” (CICL) are

victims too – influenced by

other people and has no

capacity to think on their own – Senator Francis "Kiko" Pangilinan

Principal Author, RA 9344

SITUATIONER

These young criminals

should be placed under an

intervention program

BUT that program is not yet in

place

SITUATIONER

This law does not exempt

minors from civil liability.

Do they have the financial

capability to compensate

their victims?

GOOD

BAD

AMEND

OR

REPEAL

PROPOSALS

• lower the age condition to

12 years old

(this means only young

offenders aged 11 and

below could not be

arrested)

PROPOSALS

• for 10 to 11 years, they can

be arrested if they acted

with discernment, or they

are proven to understand

what they are doing, in this

case, the crime being

committed.

PROPOSALS

• for those aged 12 to 17,

they should be prosecuted

regardless whether they

acted with discernment or

not.

PROPOSALS • 9 years old and below should

have the full exemption but

they can only be released

after undergoing

rehabilitation to be facilitated

by the Department of Social

Welfare and Development.

STAGES OF ADOLESCENCE

• a child is newly concerned

with how they appear to

others

• the child develops a sense

of sexual identity

• ponder the roles

they will play in the

adult world

• apt to experience

some role

confusion- mixed

ideas and feelings

• may experiment

with a variety of

behaviors and

activities

• the pupil is in the

process of

becoming

PHILOSOPHY OF

IDEALISM

at birth the

pupil is

neither

good or

bad

he is

potential

and can

become

either good

or bad

PHILOSOPHY OF

IDEALISM

GOOD

OR

BAD

?

SURROUNDING

INFLUENCES ENVIRONMENT

EDUCATION OWN WILL

TEACHERS ROLE IN

DISCIPLINE

• AN INTIMATE PART OF

PERSONALITY

• A DIRECTIVE ACTIVITY OF THE

TEACHER

• TEACHER BEING THE

PRIMARY ELEMENT

“Authority begins by being

external; it is sufficient if it

ends, through habit-

formation and self-control,

in becoming internal”.

SCHOOL ADMINISTRATOR’S

ROLE

• Building trusting relationships and

strong communities

• Know and understand the philosophy

on how students learn, acquire

academic knowledge, build character

and grow a positive affective

perspective

Restorative Justice in Schools: Building Relationships, Building

Communities - Todd Gribbon, Sean Ruddy, Jeff Thornborrow

RESTORATIVE STYLE (supportive)

TRADITIONAL

RETRIBUTIVE (punishment)

to a

SHIFT THE COMMUNITY

(school)

1.focusing on

blamefixing to

problem solving

2.focusing on the past to

focusing on the future

SHIFT THE COMMUNITY

(school)

3. focusing on punishment to focusing on repairing harm

4. neglecting victims’ needs to victims’ needs being central

SHIFT THE COMMUNITY

(school)

5. neglecting offenders to

offenders being given a role

6. neglecting victim-offender

relationships to victim-

offender relationships being

central.

THANK YOU!