Juvenile Crime

I

Introduction

Juvenile Crime, in law, term denoting various offenses committed by children or youths under the age of 18. Such acts are sometimes referred to as juvenile delinquency. Children's offenses typically include delinquent acts, which would be considered crimes if committed by adults, and status offenses, which are less serious misbehavior such as truancy and parental disobedience. Both are within the jurisdiction of the juvenile court; more serious offenses committed by minors may be tried in criminal court and be subject to prison sentences.

Under Anglo-American law, a crime is an illegal act committed by a person who has criminal intent. A long-standing presumption held that, although a person of almost any age can commit a criminal act, children under 14 years old were unlikely to have criminal intent. Many juvenile courts have now discarded this so-called infancy defense and have found that delinquent acts can be committed by children of any age.

II

History

Since ancient times enlightened legal systems have distinguished between juvenile delinquents and adult criminals. The immature generally were not considered morally responsible for their behavior. Under the Code Napoléon in France, for example, limited responsibility was ascribed to children under the age of 16. Despite the apparent humanity of some early statutes, however, the punishment of juvenile offenders until the 19th century was often severe. In the U.S., child criminals were treated as adult criminals. Sentences for all offenders could be harsh and the death penalty was occasionally imposed.

The first institution expressly for juveniles, the House of Refuge, was founded in New York City in 1824 so that institutionalized delinquents could be kept apart from adult criminals. By the mid-19th century other state institutions for juvenile delinquents were established, and their populations soon included not only young criminals but also less serious offenders and dependent children. The movement spread rapidly throughout the U.S. and abroad. These early institutions were often very rigid and punitive.

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In the second half of the 19th century increased attention was given to the need for special legal procedures that would protect and guide the juvenile offender rather than subject the child to the full force of criminal law. Massachusetts in 1870 and 1880 and New York in 1892 provided for special hearings for children in the courts. As the U.S. juvenile justice system began to develop, jurisdiction over criminal acts by children was transferred from adult courts to the newly created juvenile courts. The first such court was established in Chicago in 1899. One of the principal reasons for the new system was to avoid the harsh treatment previously imposed on delinquent children. An act of wrongdoing by a minor was seen as an indication of the child's need for care and treatment rather than a justification for punishing that child through criminal penalties. Besides the juvenile court, other innovations in working with juvenile delinquents have appeared in the 20th century, including child-guidance clinics, juvenile-aid bureaus attached to police departments or other official agencies, and special programs in schools.

III

Juvenile Crime in the U.S.

The public appears much more aware of juvenile crime today than in the past; this is due in part to more thorough reporting techniques and greater emphasis on publicizing delinquent acts in the media. Official U.S. crime reports in the 1980s showed that about one-fifth of all persons arrested for crimes are under 18 years of age. In the 1970s, juvenile arrests increased in almost every serious crime category, and female juvenile crime more than doubled. During the most recent five-year period studied, juvenile arrests decreased slightly each year. Unofficial reports, however, suggest that a higher percentage of juveniles are involved in minor criminal behavior; grossly underreported common offenses include vandalism, shoplifting, underage drinking, and using marijuana.

Official records indicate that much juvenile crime is a group or gang activity. Juvenile gangs are typically classified as violent, delinquent, or social. Members of violent gangs sometimes have unstable personalities. Disputes center on territory or gang warfare and are assaultive, often involving deadly weapons. While group violence is sanctioned, individual violence is discouraged. The delinquent gang is a small cohesive group developed to carry out criminal acts, such as petty thievery and mugging. Although violence may be used, the primary goal is material gain. The social gang is a relatively permanent group of youths who generally exist in accord with society. In contrast to the common characterization of gang-generated crime, however, self-report studies often reveal that youth crime is a personal, independent effort not directly related to group activity.

IV

Causes of Delinquency

Many theories concerning the causes of juvenile crime focus either on the individual or on society as the major contributing influence. Theories centering on the individual suggest that children engage in criminal behavior because they were not sufficiently penalized for previous delinquent acts or that they have learned criminal behavior through interaction with others. A person who becomes socially alienated may be more inclined to commit a criminal act. Theories focusing on the role of society in juvenile delinquency suggest that children commit crimes in response to their failure to rise above their socioeconomic status, or as a repudiation of middle-class values.

Most theories of juvenile delinquency have focused on children from disadvantaged families, ignoring the fact that children from affluent homes also commit crimes. The latter may commit crimes because of the lack of adequate parental control, delays in achieving adult status, and hedonistic tendencies. All theories, however, are tentative and are subject to criticism.

Changes in the American social structure may indirectly affect juvenile crime rates. For example, changes in the economy that lead to fewer job opportunities for youth and rising unemployment in general make gainful employment increasingly difficult for young people to obtain. The resulting discontent may in turn lead more youths into criminal behavior.

Families have also experienced changes within the last 25 years. More families consist of one-parent households or two working parents; consequently, children are likely to have less supervision at home than was common in the traditional family structure. This lack of parental supervision is thought to be an influence on juvenile crime rates. Other identifiable causes of delinquent acts include frustration or failure in school, the increased availability of drugs and alcohol, and the growing incidence of child abuse and child neglect. All these conditions tend to increase the probability of a child committing a criminal act, although a direct causal relationship has not yet been established.

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