Definition Of Juveniles Delinquents

Published Date: 02 Nov 2017

Part I

In the early Mauritian society, when a child becomes physically capable, responsibilities were given to him. Children were taught on how to be obedient to parents which was fundamental. The cultures and disciplines were preserved within the family. The trend between childhood and adulthood is adolescent which was not known. The socialization process of children was very different during the agricultural days. The children voice was not heard because they were seen helpless and dependent on their family.

Hence, the rate of juvenile was increasing as the Mauritian society is evolving. In response to the society, to hold children legally, the Juvenile Offender Act was proposed in 1985 to deal with those who disregard the law. However, the Child Protection was enacted in 1995 to protect children against any kind of ill treatments. Both acts describe juvenile and child differently, which may be confusing.

Thus, the Juvenile Offender Act 1985 (Mauritius Laws) defines, a ‘juvenile’ means a person under the age of 18 and a ‘young person ‘means person who has attained the age of 14 is under the age of 18.Consequently, the Child Protection Act 1995(Mauritius Laws) defines, a ‘child’ means any unmarried person under the age of 18.The terms explained in both acts are quite confusing thus to avoid uncertainty it is important to understand that a child and a juvenile is one and the same that is a person under the age of 18.

The term juvenile delinquency comes from the book ‘Society for the Prevention of Pauperism’ derived from the latin word delinquere which means neglecting. The first juvenile court was recognized in United State of America state Illinois in 1899, now the term is used worldwide. According to Leober et Al (2008) delinquents are young people who commit delinquent acts before the age of 12. Hirshi (1969) defines a juvenile delinquent, I quote ‘ the individual who sustains a pattern of delinquency over a long period of time and whose life and identity are organized around a pattern of deviant behaviour’. Bynum and Thompson (1992) claim that juvenile delinquency as a huge group of illegal behaviour acted out by youths under the legal age of majority. Hence such anti social include all the common offences against persons and property.

1.2 Theoretical Perspectives of Juvenile Delinquency

Several theoretical perspectives have been developed to explain the term juvenile delinquency. Hence, the main perspectives are the classical and the positivism, they contributed to determine the culpability and treatment of juvenile delinquent behavior (Beccaria 1764). The classical approach explain that human beings are rational who possess free will and free choice and who must be held responsible for their individual actions. That is, in order to control delinquency considerable importance must be placed on prevention, sensitization and practicable justice On the contrary, the positivist view recommends rehabilitation and treatment for delinquents. Since delinquents are not firmed by their own personal will, they are not fully responsible for their actions rather biological and cultural factor, but largely, on control individual actions. (Jeffery 1989).

Strain theories claim that youths are generally good natured individuals who only participate in delinquent behaviours when challenged with terrific complexities and tensions. (Merton 1938), Cohen (1955) stated that the rejection and increased hatred of middle class values by lower class youths sometimes lead to delinquent subculture. Cloward and Ohlin (1960) recommended that the culture of delinquency is a male trend, characterized by a lower class status and urbanism. They claimed that adolescents who are going towards of delinquent subcultures tend to blame the social system for their own misbehaviour.

Sutherland seeks to explain that the aggressive behavior of delinquents and the preventive methods are based on psychological models such as positive and negative enhancement, punishment, destruction and imitation. On the whole, he argued that criminal or delinquent behaviors are cultured in the same manner as common behaviors are learned. (Corrections Today, 2004).

In his book ‘Causes of Delinquency’, T.Hirshi (1969) known as a social control theorist questions "Why do certain youths fail to violate rules?" Hirschi argues that there is a lack of attachment, involvement, belief and commitment to traditional lines of behavior which show the way to delinquency.

Matza (1964) claims that juveniles are not engage in delinquent’s acts as he refuses the existence of delinquent subculture. He insists that they move out and in for delinquency. Gottfredson and Hirschi (1990) state that a person’s self control influence his behavior and decide if he will violate the law and Reckless (1961) containment theory endeavors to shed light on delinquency in terms of an interaction between internal and external controls.

Labeling theory; According to sociologists and Criminologists such as Becker (1953), Lembert (1951), Shur (1965), and Braithwaite (1989) when children are labeled delinquents they tend to have similar characteristics. Some youth do not accept to be labeled as delinquents. Some labeling theorists believe that society should not discriminate with children who possess delinquent`s attitudes or behavior.

Conflict theorists such as Colvin and Paully (1983) consider that ‘serious delinquency is a consequence of the reproduction of oppressive control strategies that are tied to the linkage between production and class structure in a capitalist society. They maintain that coercive pressure exerted against lower-class workers on their respective jobs are reproduced at home and may affect their relationships with their children leading to delinquent behavior.’

Regoli and Hewitt (2004) have developed an oppression theory where they claim that juvenile delinquency comes from a process that start from birth and continues through adolescence. They assert that children are considered to be powerless and experience oppressive approach from adults such as parents or teacher which lead them to act as delinquents

Fagan (2001) points that a child`s first contact with the world and his socialization process begins with the family, not school or religion, that teach adolescents societal moral values. Therefore, families are very important in controlling the juvenile delinquents.

1.3 Causes and Conditions of Juvenile delinquency

The causes and conditions are found in each stage of the social structures that is social institutions, social groups, organizations, relationships and the society as a whole. The causes of delinquency are encouraged by a wide range of factors such as Economic and social factors, cultural factors, urbanization, family, media, exclusion and peer influence.

In his book ‘Causes of Delinquency’, T.Hirshi (1969) known as a social control theorist questions "Why do certain youths fail to violate rules?" Hirschi argues that there is a lack of attachment, involvement, belief and commitment to traditional lines of behavior which show the way to delinquency.

Parents are the first educators of their children but in this modern and evolving society, many parents are concentrating more on their career than on their children. Hence, in most of these cases, children find themselves deprived of attention and affection which they eventually tend to find elsewhere. In this difficult time, they often turn to their friends or spend most of their time watching television, surfing on the net or playing video game. This is where mass media has a great hand in leading youngsters to make delinquencies. Children are exposed to all kind of violence and adultery scenes on the television and internet despite having parental viewing controls. Sometimes they try to imitate actions of their idols; for example, they start to smoke after watching their favorite actor smoking. Even video games have a high level of violence. Moreover, while being amongst friends, they tend to do many mistakes due to peer pressure; if one smokes, others tend to follow.

Gender Perpective of Juvenile Delinquents