Wednesday, December 11, 2019
Social Threat of Juvenile Delinquency free essay sample
Under this law, youth offenders were viewed as victims not aggressors. They were oriented to rehabilitation for reformation with the purpose of integrating them into the mainstream society managed by the Juvenile Domestic Relations Court. By virtue of the Judiciary Reorganization Act of 1980 (B. P. 129), the authority over the adjudication of the juvenile (and domestic) cases was then designated to Regional and Municipal Courts which cannot act exclusively on proceedings for youth offenders because functions also as courts of general jurisdiction. This means that rehabilitation for reformation cannot be implemented according to purpose. Children under the age of nine are exempt from criminal responsibility and those between nine and fifteen are liable only if they are able to demonstrate discernment, which is a level of intellectual maturity including the ability to distinguish right from wrong. P. D. 1179 qualifies a youthful offender over nine (9) but not under eighteen years of age at the time of his commission of a crime. Children under the age of nine are exempt from criminal responsibility and those between nine and fifteen are liable only if they are able to demonstrate discernment, which is a level of intellectual maturity including the ability to distinguish right from wrong. P. D. 1179 qualifies a youthful offender over nine (9) but not under eighteen years of age at the time of his commission of a crime. This is followed by R. A. 9344 also known as the Juvenile Justice and Welfare Act of 2006. Under this law, offenders who are fifteen 15 years old and below be exempted from criminal liability. Furthermore, it modified the juvenile interventions; one of which is the establishment of community-based programmes on juvenile justice and welfare. These features of the new law on youth offenders heaved various views and have heated up arguments citing the current situations on juvenile delinquency. Body of the Paper Most people who usually gather in groups hang around the streets and social places are minors. It is strange that they linger too long even on unusual times when they are supposed to be home or in school. Many of them particularly the youngest ones approach people asking for money or food without hesitation and they can deceive with pitiful and innocent facial expression but suddenly transformed insensitive. Upon receiving some, they will be found gambling or smoking cigarette. However, most children at age 10 are already aware of what is right from wrong. The proof is that they avoid or evade from authorities whenever they are doing something ââ¬Å"wrongâ⬠ââ¬â meaning they know it is ââ¬Ëwrongââ¬â¢. In other words they can already discern right from wrong. As for the older children, they simply linger from one place to another scattered around and before people notice, they are gone and somebodyââ¬â¢s belongings are gone, too. They become snatchers and thieves from the streets to establishments and learn more crimes and tough ones because they get used to it and become their way of living. ââ¬Å"The crimes involved run from general disorderliness and insubordinations to acts of gravest violence, not to exclude murderâ⬠(Philippine Hierarchy, 1957). The law enforcement agencies cannot arrest and detain them because they are minors as mandated by R. A. 9344 that offenders under 15 years old are exempted from criminal liability. The police may apprehend the young offenders aged 15 years but not over 18 years old, but shall immediately turn him over to DSWD for intervention programs. If he fails to handle the young offender carefully, he will be facing charges in violation of human rights or illegal detention. R. A. 9344 mandates that youth offenders must be liable to the juvenile justice court and if found guilty must undergo intervention or rehabilitation program under a competent and reliable guidance of experts. Of course, they must not be put inside detention cells but be confined in homes (rehabilitation camps) with trained and competent personnel (counselors). Late last year, the police apprehended some minors for allegedly victimizing taxi drivers and other motorists by opening doors of vehicles and grab anything inside it when idling at stoplights. In one CCTV video shown on the news, a boy allegedly a part of the group punched a driver in the face before running off. This has caused upsurge of calls to amend the Juvenile Justice and Welfare Act of 2006. Since the law took effect, Cebu City Police Office reported a rise in the number of cases involving minor-aged offenders. They are used by crime syndicates because they are exempted from liability. According to Sen. Lacson, the number of youth offenders has continued to increase and justice cannot be served if they are exempted in the crime they are committing. Sen. Sotto also supports the call to amend the law stating that drug dealers have been using couriers below 18 years old. When apprehended by law enforcers, investigators were unable to collect statements from them because the lawyers of the drug dealers arrive and ask the police for immediate turn over to the DSWD. There are a wide range of executive orders and laws providing for the welfare and protection of youth in conflict with the law. Examples of which are the Child and Youth Welfare Code (PD 603), Dangerous Drugs Act of 1972, Special Protection of Children against Abuse, Exploitation, and Discrimination (R. A. 7610) among others. Despite these provisions, the increase in child exploitation persists. Furthermore, there are about sixteen rehabilitations in the country, but we still spot numerous minors in the streets and they are doing misconduct. Where are the authorities and what are they doing? What factors effects an increase of minor offenders? Let us look closer to the media. Most films portray immoral values and corrupt philosophy in life. There have been scenes of violence of any kind and sexual acts of any type in almost all motion pictures. In television advertisements, almost bare and sexy female (as well as male) icons are part of endorsing many products from goods to services, as well as in billboards and papers where half-naked or vaguely nude women are ââ¬Ëbiggerââ¬â¢ than the product. These encounters are responsible in the proliferation of youth crimes. Of course, the MTRCB has intensified the enforcement of movie ratings as SPG, PG, G, Rââ¬â¢s and the like but everything is still accessible to the teenagers especially when in CDââ¬â¢s and DVDââ¬â¢s. MTRCB should carefully screen films and prevent those found to contain valueless and crime-triggering scenes because young minds are easily influenced by what they see. The agency therefore, must revise its policies on the requisites of a good film and judiciously screen before approving it. In basic education schools, the time allotment in the inclusion of values education program in the curriculum by integration in all subject areas is not sufficient to inculcate values in the youth. The subject which is supposed to build values in school children was only taught for two hours per week for the first and second year students, and three hours for the third year and fourth year students. If classes will be daily, it will be taught for one hour for two and three hours in a week so that discussion will be longer. Another problem is that in most schools, teachers assigned in values education are not trained in the subject. And often, the teaching is only taken for granted. There are many instances where the leader was ââ¬Å"riding a bike that turns into a sedanâ⬠after a short period of time in the government service. Unfortunately, only the ââ¬Ëlittleââ¬â¢ man who stole a hundred peso bill from a store was sent to jail; not the ââ¬Ëbigââ¬â¢ man who took hundreds of millions from the taxes of the people. Many officials are charged in court but have not been convicted guilty of the crime ââ¬â until now. It is sad to say that corruption nowadays does not need to be carefully weaved so as not to be noticed by the public. Today, it is very obvious and conclusive based on the projects and lifestyle of the government official. Few distinctive examples were that of the late Gen. Angelo Reyes, former President Gloria Arroyo, CJ Renato Corona and many others. The same mischief is also happening in the lower stratum of government service but not as controversial as of the higher ups. Many leaders who are supposed to be servants of the people are arrogant and power hungry. These affect the moral standards and principles of a young mind and they missed the proper conduct because that is what they see. Conclusion These have become realities in the eyes of a child who becomes the victim not the aggressor. Sometimes, it is true that the people giving remedies to the problem of delinquency are the causes of the problem. The real causes are the older generations because we fail to exercise genuine love and concern to our fellowmen and to our children. We fail to model what we want them to be when they grow older. We want them to be law abiding and productive citizens; not law breakers, offenders and threats to our society. The youth is the hope of the future. It is never too late to resolve the issue on juvenile delinquency. If the government and other authorities will continue to serve selfishly and insensitive to the needs of others, arguments will go on while the victims, the youth (offenders) are suffering and becoming hard criminals. If the issue on juvenile delinquency persists, they will fill the spaces even in the homes of the righteous and in the privacy of a peaceful community. It cannot be denied that youth will rule the future and will be leaders of our children because it shall surely come. Since it shall come, together we must conduct ourselves morally as good examples worthy of emulation so we can mould them to be righteous leaders and not hard offenders and threats to social stability. Amendment of RA 9344 (and any other laws) may not be necessary if the government will seriously enforce the mandates in it. The government shall allocate a budget for the program to include facilities and equipment, maintenance and other operating expenses, and wages. Local rehabilitation centers must be put up in communities and ensure accessibility so that the turning over will not be difficult for the local police and other authorities, including the child offenderââ¬â¢s family. The cooperation of the local government units shall be sought and they shall be responsible in the monitoring and evaluation of such rehabilitation centers. The government does not have a comprehensive program to address the need for responsible parenthood. Values Education in schools must have equal time allotment with other subjects and must be taught by competent and trained teachers or specialists who have a wide array of approaches to instill proper values and principles in the youth. Values and principles are further reinforced by the church so that church leaders may be encouraged by the government and the Department of Education to organize moral development services in schools and communities. We knew the fact that values begins in the homes. Many of the families of the youth offenders are those who do not attend church on Sundays. Nobody had ever told them the value of living in this world to have faith in God despite struggles, so they become emotionally weak and went astray. Values, most of the time, is overpowered by the need to survive. And most young offenders are products of a broken family. Most families are broken because the parents need to earn money for a living at whatever cost ââ¬â even to commit a crime. It cannot be denied that ââ¬Å"they are their parents childrenâ⬠because sooner or later, they will do the same. That is why the government must investigate the sources of corruption even in its own backyard so that taxes can be spent wisely for the livelihood programs of its people. If all government officials will exercise an honest and responsible leadership, there will be a considerable decline in the countryââ¬â¢s crime rate. The Philippines is rich in natural and human resources; what makes it poor is its lack of moral values. The government must look into all government or non-government-owned agencies to implement strict compliance of their policies in accordance with the law that have direct effect on juvenile delinquency. Regardless of who is managing (or running) the agency, if found in violation of and contributory to juvenile delinquency, shall be held liable under the rule of law. Let us support the ââ¬Å"battle cryâ⬠of the President which is ââ¬Å"matuwid na daanâ⬠to reform the corrupt leadership system our country. References Juvenile Justice and Welfare Act of 2006 (R. A. 9344) Natalie Blanco, Krusada: Juvenile Delinquency, November 32, 2011. Kimberly Jane Tan, GMA News, October 14, 2012 amp; September 12, 2011 Davinci S. Maru amp; Rizel S. Adlawan, Sun. Star Cebu, September 17, 2011. Amita O. Legaspi, GMA News, September 13, 2011 Jhunnex Napallacan, Cebu Daily News, August 8, 2007. Statement of the Phillipine Hierarchy on Juvenile Delinquency, Juan C. Sison, 1957 Feast of St. Anne, CBCP News Marianne Murdoch , Juvenile Justice in the Philippines ââ¬â A Personal Experience UNICEF, Manila
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