CSS Solved Criminology Past Paper CSS Special 2023Juvenile 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- Introduction2- 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 Analysis6- Conclusion
Answer to the Question
According to theSage Dictionary of Criminology,juvenile delinquency can be defined asthe 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 from30 to 60 per centsince1995. 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 inPakistanregarding 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
The term juvenile delinquency is derived from twoLatinwordsjuvenis,meaningunder the age of eighteen,anddelinquere, meaningto give up, to omit, or to abandonandto fail to perform. In1484, William Corconused 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,Shakespeareused the term inMacbethin1605. In addition, in1969,Travis Hirschiexplained theCauses of Juvenile Delinquency, and in 1948,Johan Cohriecarried out research onJuvenile Delinquency among Girls .According toSection 2of theJuvenile 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.
Sutherlanddefines juvenile delinquency as
Illegal behaviour of youth in violation of penal code, criminal law, social norms, and all laws applicable to young offenders.
TheArticles 82and83of thePakistan Penal Code 1860state
Nothing is an offence which is done by a child of under ten years and that of under fourteen years with immature understanding.
Pakistanholdsthe sixth positionwith regard to juvenile delinquency. Furthermore,49of the total population ofPakistanis juvenile, and 10 of murder convicts are juveniles in the country. TheSociety for Protection of Juvenilesputs forth thatmore than 2000 juvenilesare 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 theBorstal Act 1926, SindhandBorstal 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. InPakistan, juveniles are frustrated and aggressive not only because of deprivation of basic necessities, as indicated byJohn BurtoninHuman Needs Theory, but also because of psychotic disorders like schizophrenia, attention deficit hyperactivity disorder ADHD , and depression.Sigmund Freudhighlighted 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 byLombrossoin hisModern Form Theory, criminals can be distinguished from law-abiding citizens on the basis of physical characteristics. In1913, after conducting anexperiment on 3000individuals, CharlesGoring, inThe English Convict, delineated that criminal behaviour is transferred from one generation to another. In addition,Alfred Bimatexplains 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 theLearning 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 theSocial 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 Hirschistates
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 hisresearch on 4000 boys, Travis Hirschideduced that people with difficult family situations often indulge in criminal behaviour.
Economic Causes
Furthermore,structural inequalities and marginalization perpetuate criminal behaviour. For example, theyouth of Pakistanare radicalized by extremist groups likeTehrik-i-Taliban Pakistan TTPandIslamic State Khorasan Province IS-KPbecause they find an opportunity for better wealth and status in carrying out criminal activities.
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. InPakistan, 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 theJuvenile 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 toJuvenile 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 10of theJuvenile Justice System Actdelineates
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 toSection 8of theJuvenile 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 13of theJuvenile Justice System Act 2018puts 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.
From themid-18thcentury to the19th century, variouschild-savingmovementswere commenced in the best interest of children. For instance, theParents patriae,Loco parentise, andDoli incapexadvocated 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. In1899, the first juvenile justice system was made in theUnited States,and in2018, Pakistan introduced theJuvenile Justice System Act.Articles 35, 10, 10A, and14 1of the1973 Constitution of Pakistanstate 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 ofthe Juvenile Justice System Act2018 should be put into effect by setting up appropriate observation houses and special courts.
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.
Looking for the last ten years of CSS and PMS Solved Essays and want to know how Sir Kazim s students write and score the highest marks in the essays papers? Then, click on the CSS Solved Essays to start reading them.
CSS Solved Essays
Want to read the last ten years General Science Ability Solved Past Papers to learn how to attempt them and to score high? Let s click on the link below to read them all freely. All past papers have been solved byMiss Iqra Ali & Dr Nishat Baloch, Pakistan s top CSS GSA coach having the highest score of their students.General Science Ability Solved Past Papers