-- if t)e 4)i$d !33'e)ended is FIFTEEN +1-/ YEARS OLD OR *ELO7, t)e $!% enfo'4eentif t)e 4)i$d !33'e)ended is FIFTEEN +1-/ YEARS OLD OR *ELO7, t)e $!% enfo'4eent offi4e' MUST RELEASE THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR offi4e' MUST RELEASE THE CHILD TO THE CUSTODY OF HIS OR HER PARENTS OR GUARDIANS, OR THE CHILDBS NEAREST RELATI8E
GUARDIANS, OR THE CHILDBS NEAREST RELATI8E
-- it shall also be the duty of the law enforcement officer to give notice to the local social welfare and development officer as to the apprehension of the child in conflict with the law
COMPREHENSI8E U8ENILE INTER8ENTION PROGRAM COMPREHENSI8E U8ENILE INTER8ENTION PROGRAM
-- shall be instituted in local government units from the barangay to the provincial levels
- shall include community<based programs on ;uvenile ;ustice and welfare COMMUNITY<*ASED PROGRAMS ON U8ENILE USTICE AND 7ELFARE COMMUNITY<*ASED PROGRAMS ON U8ENILE USTICE AND 7ELFARE
- shall be instituted by the local government units through the school, youth organiations, and other concerned agencies
- shall respond to the special needs, problems, interests and concerns of children and which offer appropriate 4o(nse$in# !nd #(id!n4e to t)e !nd t)ei' f!i$ies4o(nse$in# !nd #(id!n4e to t)e !nd t)ei' f!i$ies
- these programs shall consist of three (5) levels8 1/
1/ PRIPRIMAMARY RY INTINTERER8E8ENTNTIONION
- includes general measures to promote social ;ustice and e3ual opportunity, which tackle perceived root causes of offending
9/
9/ SESECONCONDARDARY INTY INTERER8E8ENTINTIONON
- includes measures to assist children at risk
/
/ TETERTIRTIARARY INY INTETER8R8ENTENTIONION
- includes measures to avoid unnecessary contact with the formal ;ustice system and other measures to prevent re<offending
SYSTEM OF DI8ERSION SYSTEM OF DI8ERSION
- children in conflict with the law shall undergo diversion proceedings sub;ect to the following conditions8
1/
1/ the imposable penalty for the crime committed isNOT MORE THAN SI +/ YEARSNOT MORE THAN SI +/ YEARS IMPRISONMENT
IMPRISONMENT 9/
9/ in victimless crimes, the imposable penalty is NOT MORE THAN SI +/ YEARS IMPRISONMENTNOT MORE THAN SI +/ YEARS IMPRISONMENT 5) in cases where the imposable penalty e"ceeds si" (:) years, diversion measures may be resorted to
only by the court
- the di5e'sion 3'o4eedin#sdi5e'sion 3'o4eedin#s shall be completed withinFORTY<FI8E +-/ FORTY<FI8E +-/ DAYDAYSS CONTRACT OF DI8ERSION
CONTRACT OF DI8ERSION
- shall be prepared if the child8
&) is 3ualified for diversion@ and
) voluntarily admits the commission of the act and the parents or guardian of the child and the child himself agrees to the diversion program
-- it must be signed by the child?s parents or guardian and the authorities concerned PROSECUTION
PROSECUTION
- a child in conflict with the law shall undergo $+C7!#FTICD if8
&) he is not 3ualified for diversion
) he is 3ualified for diversion but he or his parents or guardian does not agree to diversion 5) diversion is not appropriate for the child in conflict with the law, based on the social worker?s
recommendations
CONDUCT OF PRELIMINARY IN8ESTIGATION CONDUCT OF PRELIMINARY IN8ESTIGATION
- there shall be a specially<trained prosecutor to conduct in3uest, preliminary investigation and prosecution of cases involving children in conflict with the law
- the information against the child shall be filed before the 1amily #ourt withinFORTY<FI8E FORTY<FI8E DAYDAYSS from the start of the preliminary investigation
COURT PROCEEDINGS COURT PROCEEDINGS
- during trial, the court shall order8
&) the release of the child on recogniance to his or her parents and other suitable persons
) the release of the child on bail
5) if the child is to be detained, the transfer of the child to a youth detention home
- detention of the child shall be ordered only as a last resort AUTOMATIC SUSPENSION OF SENTENCE
AUTOMATIC SUSPENSION OF SENTENCE
- if the child in conflict with the law is found guilty of the offense charged, the court shall place the child under suspended sentence, without need of application
- the automatic suspension of sentence may be e"tended until the child reaches the ma"imum age of TE!DTK<CD! (&) K!A+7 C*
- the court shall order the detention of the child in a o(t) 'e)!&i$it!tion 4ente' %)e'e )e o(t) 'e)!&i$it!tion 4ente' %)e'e )e s)!$$s)!$$
(nde'#o t)e !33'o3'i!te dis3osition e!s('es (nde'#o t)e !33'o3'i!te dis3osition e!s('es DISCHARGE OF THE CHILD IN CONFLICT 7ITH THE LA7 DISCHARGE OF THE CHILD IN CONFLICT 7ITH THE LA7
-- upon the recommendation of the social worker who has custody of the child, the court shall DISMISS THE CASE AGAINST THE CHILD
DISMISS THE CASE AGAINST THE CHILD if t)e 4o('t if t)e 4o('t finds t)!t t)e dis3osition e!s('esfinds t)!t t)e dis3osition e!s('es )!5e &een f($fi$$ed
)!5e &een f($fi$$ed
RETURN OF THE CHILD IN CONFLICT 7ITH THE LA7 TO COURT RETURN OF THE CHILD IN CONFLICT 7ITH THE LA7 TO COURT
- if the court finds that the ob;ective of the disposition measures imposed upon the child )!5e not)!5e not
&een f($fi$$ed, o' if t)e 4)i$d )!s %i$$f($$ f!i$ed to 4o3$ %it) t)e
&een f($fi$$ed, o' if t)e 4)i$d )!s %i$$f($$ f!i$ed to 4o3$ %it) t)e 4onditions of )is o' )e' 4onditions of )is o' )e' 'e)!&i$it!
'e)!&i$it!tion tion 3'o#'!,3'o#'!, the child shall be returned to court for the EEEECUTCUTION ION OFOF
UDGMENT
UDGMENT PRO*ATION
PRO*ATION
- a child in conflict with the law whose sentence was e"ecuted by the court upon reaching the ma"imum age of TE!DTK<CD! (&)s)!$$ &e entit$ed to t)e &enefits of 3'o&!tion (nde' PDs)!$$ &e entit$ed to t)e &enefits of 3'o&!tion (nde' PD
?, t)e P'o&!tion L!% of 1@
?, t)e P'o&!tion L!% of 1@
OFFENSES NOT APPLICA*LE TO CHILDREN OFFENSES NOT APPLICA*LE TO CHILDREN
- persons below eighteen (&/) years old shall be e"empt from prosecution for the following crimes8
&) vagrancy and prostitution under the +evised $enal #ode
) mendicancy under $* Do &0:5 5) sniffing of rugby under $* &:&'
IMPORTANT PRO8ISIONS OF RA IMPORTANT PRO8ISIONS OF RA
@@-REPU*LIC ACT @@- t)e ANTI<CHILD PORNOGRAPHY ACT OF 9
REPU*LIC ACT @@- t)e ANTI<CHILD PORNOGRAPHY ACT OF 9
< approved on
< the law that amended the provisions of +A :&9 on obscene publications and indecent shows
< it aims to protect every child from all forms of e"ploitation and abuse through the use of a child in pornographic performances and materials and the inducement or coercion of a child to engage or to be involved in pornography
CHILD PORNOGRAPHY CHILD PORNOGRAPHY
< refers to any representation, whether visual, audio or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated e"plicit se"ual activities
SYNDICATED CHILD PORNOGRAPHY SYNDICATED CHILD PORNOGRAPHY
< committed if carried out by a group of three (5) or more persons conspiring or confederating with one another
CRIM. -: HUMAN *EHA8IOR AND CRISIS MANAGEMENT CRIM. -: HUMAN *EHA8IOR AND CRISIS MANAGEMENT H(!n *e)!5io'
H(!n *e)!5io'
< anything an individual does that involves self<initiated action andor reaction to a given situation.
< the sum total of manMs reaction to his environment or the way human beings act H(!n *ein#s
H(!n *ein#s
Buman beings are intelligent social animals with the mental capacity to comprehend, infer and think in rational ways.
8ie%s in H(!n *e)!5io' 8ie%s in H(!n *e)!5io'
&. Deurological >iew 2 deals with human actions in relation to events taking place inside the body such as the brain and the nervous system.
. ehavioral >iew 2 emphasies on e"ternal functions of the human being that can be observed and measured.
5. #ognitive >iew 2 it is concerned with the way the brain processes and transforms information into various ways.
6. $sychoanalytical >iew 2 emphasies unconscious motives that srcinate from aggressive impulses in childhood.
0. Bumanistic >iew 2 focuses on the sub;ect?s e"perience, freedom of choice and motivation toward self<
actualiation.
T%o *!si4 T3es of *e)!5io' T%o *!si4 T3es of *e)!5io'
1.
1. InIn)e)e'i'iteted d +I+In&n&o'o'n/ &en/ &e)!)!5i5io'o' 2 refers to any behavioral reactions or refle"es e"hibited by people because of their inherited capabilities or the process of natural selection.
9.
9. LeLe!'n!'ned +ed +O3eO3e'!n'!nt/ &t/ &e)!e)!5i5io'o' 2 involves knowing or adaptation that enhances human beings? ability to cope with changes in the environment in ways which improve the chances of survival.
F!F!ntnt!s!s < this is resulted to whenever unfulfilled ambitions and unconscious drives do not materialie.
Re#'essionRe#'ession 2 a person reverts to a pattern of feeling, thinking or behavior which was appropriate to an earlier stage of development.
S(S(&$i&$i!!tiotionn 2 is the process by which instinctual drives which consciously unacceptable are diverted into personally and socially accepted channels. It is a positive and constructive mechanism for defending against own unacceptable impulses and needs.
No'!$ *e)!5io' No'!$ *e)!5io'
This refers to a lack of significant deviation from the average. Another possible definition is that Na normalN is someone who conforms to the predominant behavior in a society.
So4i!$ no's
So4i!$ no's 2 rules that a group uses for appropriate and inappropriate values, beliefs, attitudes and behaviors.
A&no'!$ *e)!5io' A&no'!$ *e)!5io'
iterally means away from the normal. It implies deviation from some clearly defined norm. In the case of physical illness, the norm is the structural and functional integrity of the body.
*EHA8IORAL DISORDERS
*EHA8IORAL DISORDERS I. PSYCHOSOMATIC DISORDER I. PSYCHOSOMATIC DISORDER
A disorder in which the physical illness is considered to be highly associated with emotional factors.
The individual may not perceive that his emotional state is contributing to his physical illness.
II. NEUROSIS II. NEUROSIS
Deurosis is a class of functional mental disorders involving distress but neither delusio ns nor hallucinations, whereby behavior is not outside socially acceptable norms. The distinguishing feature of neurosis is a sustained characteristic of showing an"iety, fear, endless troubles that carries significant aspects of the individual?s life.