CSS Solved Criminology Past Paper CSS Special 2023 | Juvenile Delinquency and the Role of Police
Question Breakdown
The examiner has asked the aspirants to give a detailed explanation of juvenile delinquency and the responsibilities of police personnel in the juvenile justice system. The question comprises two main parts: a discussion on juvenile delinquency and explaining the role of police in the juvenile justice system. To make the answer outstanding, one can add scholarly definitions, examples, particularly from Pakistan, and various theories that are linked with juvenile delinquency. In addition to this, one ought to explain the role of police in the juvenile justice system in eradicating juvenile crimes and rehabilitation of juveniles. Moreover, the quality of the answer can be accentuated by adding diagrams, relevant quotations, and flow charts.
Outline
1- Introduction
2- Defining Juvenile Delinquency
3- Factors Leading to Juvenile Delinquency in Pakistan
- ✓Psychological Factors
- ✓Biological Factors
- ✓Familial Factors
- ✓Social Causes
- ✓Economic Causes
4- Role of Police in the Juvenile Justice System of Pakistan
- ✓Initial Contact with Juvenile Delinquents
- ✓Registration of Cases of Juveniles
- ✓Maintenance of Juvenile Safety
- ✓Role of Police amid Court Proceedings
- ✓Responsibilities of Police after Trial
- ✓Collaborating with Probation Officers for Rehabilitation of Juveniles
5- Critical Analysis
6- Conclusion
Answer to the Question
Introduction
According to the Sage Dictionary of Criminology, juvenile delinquency can be defined as the antisocial conduct of a juvenile, which goes beyond parental control and is subject to legal action. It is caused by various social, economic, psychological, demographic, and environmental factors. Due to family discords, rejection by parents or peer groups, psychological disorders, and economic disparities, juveniles indulge in criminal activities. These criminal offences can be mitigated by providing proper education, attention and affection to children under the age of eighteen. The history of juvenile crimes is as old as adult crimes. Juvenile crimes have increased from 30 to 60 per cent since 1995. The police in the juvenile justice system are the first contact with juvenile offenders after the commissioning of a crime; therefore, the police officers are responsible not only for registering the crime but also for safeguarding the accused along with the victim. Furthermore, it prevents offences committed by juveniles through reformation, rehabilitation, and reintegration of those juveniles. Though there are various laws in Pakistan regarding the security of juveniles, including the Juvenile Justice System Act, effective implementation of these laws is a considerable challenge in the country due to a lack of sufficient resources.
“The true measure of a society’s justice is how it treats its children. A juvenile justice system that prioritizes rehabilitation over punishment acknowledges the potential for change and growth in every young person.” – Barry Krisberg
Defining Juvenile Delinquency
The term juvenile delinquency is derived from two Latin words: juvenis, meaning under the age of eighteen,and delinquere, meaning to give up, to omit, or to abandon and to fail to perform. In 1484, William Corcon used the term juvenile delinquency for the first time, which refers to a condition in which children under the age of eighteen turn into criminals. Moreover, Shakespeare used the term in Macbeth in 1605. In addition, in 1969, Travis Hirschi explained the “Causes of Juvenile Delinquency”, and in 1948, Johan Cohrie carried out research on “Juvenile Delinquency among Girls”. According to Section 2 of the Juvenile Justice System Act, of 2018, a juvenile is
“A child who must be dealt with for an offence in a manner which is quite different from adult accused or adult criminal.”
Sutherland defines juvenile delinquency as
“Illegal behaviour of youth in violation of penal code, criminal law, social norms, and all laws applicable to young offenders.”
The Articles 82 and 83 of the Pakistan Penal Code 1860 state
“Nothing is an offence which is done by a child of under ten years and that of under fourteen years with immature understanding.”
Factors Leading to Juvenile Delinquency in Pakistan
Pakistan holds the sixth position with regard to juvenile delinquency. Furthermore, 49% of the total population of Pakistan is juvenile, and 10% of murder convicts are juveniles in the country. The Society for Protection of Juveniles puts forth that more than 2000 juveniles are imprisoned in Pakistan, among which twenty per cent are girls, and ninety per cent of them are waiting for their trials. In addition, only a few Borstal acts exist in Pakistan, including the Borstal Act 1926, Sindh and Borstal Act Punjab, 1955. Numerous factors, including psychological disorders, peer rejection, lack of affection from family, economic instability, pandemic, etc., cause juvenile delinquency in Pakistan.
Psychological Factors
Due to the underlying psychological factors and undiagnosed as well as untreated mental health issues, juveniles indulge in criminal behaviour. In Pakistan, juveniles are frustrated and aggressive not only because of deprivation of basic necessities, as indicated by John Burton in Human Needs Theory, but also because of psychotic disorders like schizophrenia, attention deficit hyperactivity disorder (ADHD), and depression. Sigmund Freud highlighted three sections of the human mind (id, ego and superego) in Psychoanalytic Theory, which are responsible for one’s aggressive or peaceful behaviour.
Biological Factors
According to the Biological explanation of crime given by Lombrosso in his Modern Form Theory, criminals can be distinguished from law-abiding citizens on the basis of physical characteristics. In 1913, after conducting an experiment on 3000 individuals, Charles Goring, in “The English Convict”, delineated that criminal behaviour is transferred from one generation to another. In addition, Alfred Bimat explains the relationship between crime and feeble-mindedness as well as the Intelligence Quotient (IQ) level and crime.
Familial Factors
Lack of attention from family, family discords, rejection of parents, failure of the joint family system, as well as lack of affection and love, results in crime in juveniles. For instance, according to the Learning Theory, if a father practices domestic violence in front of his son, the child might learn to practice violence in future.
Social Causes
According to the Social Bonds Theory, if one’s social bonds – attachment with parents, commitment to future goals, involvement in social and religious activities, as well as belief in fairness, etc. – are strong, involvement in criminal offences is unlikely. Travis Hirschi states
“Everyone has got the potential to commit crime. We are all animals and have the capacity to commit crime as a part of our nature.”
In his research on 4000 boys, Travis Hirschi deduced that people with difficult family situations often indulge in criminal behaviour.
Economic Causes
Furthermore,structural inequalities and marginalization perpetuate criminal behaviour. For example, the youth of Pakistan are radicalized by extremist groups like Tehrik-i-Taliban Pakistan (TTP) and Islamic State–Khorasan Province (IS-KP) because they find an opportunity for better wealth and status in carrying out criminal activities.
Role of Police in the Juvenile Justice System in Pakistan
“A system in which juvenile is kept for protection, rehabilitation, and reformation is called juvenile justice system.”
The foremost role of the juvenile justice system is to reform juvenile offenders and treat them differently from adult criminals. Joint trials with adults and disclosure of identity are prohibited for juveniles. In Pakistan, there is a lack of practical implementation of juvenile justice system acts. Moreover, there are no safe protection homes for juveniles, and the death penalty is still given. The responsibilities of police are delineated in the Juvenile Justice System Act of 2018.
Initial Contact with Juvenile Delinquents
The police officers are the first authority that comes in contact with juvenile criminals; therefore, it is crucial for them to treat juveniles with respect and ensure their rights. For this purpose, their proper training is paramount; therefore, in Karachi, efforts are being made to ensure proper training of police officers. Reviewing the evidence collected by the police and making decisions regarding further proceedings against the juvenile is the responsibility of the court. Moreover, prosecutors guarantee a free trial for juveniles. According to Juvenile Justice System Act, 2018, Section 12,
“No child shall be subjected to torture or other cruel, inhuman, or degrading treatment or punishment.”
Registration of Cases of Juveniles
Police in the juvenile justice system ought to inform parents or guardians about the offence and avoid formal arrests of juveniles. In Sindh, first-time juvenile offenders are not formally arrested; instead, they are engaged in diversion programs. Section 10 of the Juvenile Justice System Act delineates
“The police shall make efforts to avoid the arrest of a child wherever possible and, instead, adopt alternative measures such as diversion or referral to rehabilitation.”
Maintenance of Juvenile Safety
Police play a crucial role in the pre-trial procedures and ensure that no juvenile is held responsible for any criminal activity. In Khyber Pakhtunkhwa, police officers are guided to immediately take juveniles to the respective court and guarantee their rights. According to Section 8 of the Juvenile Justice System Act of 2018,
“Every juvenile under investigation has the right to be treated with dignity and respect.”
Role of Police amid Court Proceedings
“Juvenile courts must ensure that the proceedings involving children are conducted in a child-friendly atmosphere, respecting their rights at all stages.” – JJSA, 2018, Section 6
The court proceedings ought to be child-sensitive and focused on rehabilitation of the juvenile. For example, juvenile courts are established in Karachi in order to deal with juvenile cases while emphasizing rights of delinquents.
Responsibilities of Police after Trial
Police personnel are responsible for monitoring and reporting the behaviours of juveniles even after the trials. Furthermore, they should ensure that the juveniles abide by the rules within the rehabilitation centres. Section 13 of the Juvenile Justice System Act 2018 puts forth
“Juveniles in detention must be kept in separate facilities designed for their age and needs, ensuring their rehabilitation.”
Collaborating with Probation Officers for the Rehabilitation of Juveniles
Police in the juvenile justice system prioritizes rehabilitation of juveniles rather than punishment, which fosters their development. Furthermore, the juvenile justice system provides education and vocational training as well as ensures the mental health of juveniles in order to deal with the root causes of juvenile delinquency. Through such efforts, not only are the traumas of young offenders healed but they are also reintegrated into their communities after rehabilitation. Moreover, the destructive behaviour of juveniles is transformed into a constructive one.
Critical Analysis
From the mid-18th century to the 19th century, various child-saving movements were commenced in the best interest of children. For instance, the Parents patriae, Loco parentise, and Doli incapex advocated that a child has no capacity for committing a crime; therefore, the state should act as a loving father of the child and work for the betterment of children. In 1899, the first juvenile justice system was made in the United States, and in 2018, Pakistan introduced the Juvenile Justice System Act. Articles 35, 10, 10A, and 14 (1) of the 1973 Constitution of Pakistan state that laws must be made for the protection of juveniles. Juvenile offenders receive different treatment than adult criminals. They are not detained in a police station or jail and are not subjected to torture or given the death penalty, handcuffs, or life in prison. Although these laws exist in theory in nations like Pakistan, they are not properly enforced. As a result, the regulations of the Juvenile Justice System Act 2018 should be put into effect by setting up appropriate observation houses and special courts.
Conclusion
To cap it all, juvenile delinquency is known as a condition in which people under the age of eighteen engage in illegal or criminal activities, such as disobeying parents or teachers, running away, abusing drugs or other narcotics, stealing, pickpocketing, engaging in homosexual behaviour or causing damage to the property of others. Adolescents who experience difficulties in their social and familial lives tend to indulge in criminal behaviours and adopt a negative set of beliefs. However, juveniles who indulge in crime are not treated as adult criminals. Police play a crucial role in the juvenile justice system as it prioritizes the security of juvenile offenders. In order to minimize juvenile criminality, giving proper attention to children under the age of eighteen, strengthening the juvenile justice system, and increasing educational as well as employment opportunities for unprivileged children are paramount.
“Save the youth of today from becoming criminals of tomorrow.”
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