Involvement of Juvenile in Criminal Offence

Table of Content

Chapter One: Introductory

01. Introduction

02. Aims and object of the study

03. Methodology

04. Definition

05. Problem of definition of child

06. Juvenile justice system in Bangladesh

07. High court Order

Chapter Two : Juvenile Justice Administration and the International Views

01. Administration of Juvenile Justice: (International Perspectives):

02. Standard Minimum Rules for the Administration of Juvenile Justice (Hie Beijing Rules) 1985

03. The Convention on the Rights of the Child 1959,

04. UN Guidelines for the Protection of Juveniles Deprived of their Liberty 1990

05. UN Guidelines for the Prevention of Juvenile Delinquency (Hie Riyadh Guidelines) 1990

Chapter Three: Administration of Juvenile Justice in Bangladesh

Chapter Four

01. Delineating the Age of Criminal Responsibility

02. Setting the Law into Motion: Procedural Aspects

Negligence of authorities hinders the very purpose of juvenile justice system in Bangladesh

01. Problem of determining criminal responsibility

02. Arrest, bail, detention and discharge

03. Alternative measures

04. Juvenile prisoners' plight

05. Forgiver's the child

Chapter Five: About different measures

01. Arrest and Remand

02. Trial

03. Sentencing Verdict of the Court

04. Detention Measures

05. Certified Institutes

06. Establishment and Certification


Chapter Six

Guidelines for their Treatment

Chapter Seven

01. Control and Management

02. Treatment of Inmates

03. Health

04. Grading

05. Education and Training

06. Work Disciplinary Measures

07. Disciplinary Measures

08. Monitoring and Withdrawal of Certified Institutes

09. Analysis and Concluding Observations

Different Views and Approaches

01. Legalistic Views

02. Individualistic Approach

03. The Group Approach

04. The Cultural Approach

05. The Ecological Approach

Chapter Eight

Chapter Nine Chapter Ten

The Extent and Distribution of Delinquency

in Bangladesh

01. Introduction to the Offenders: Age and Sex)

02. Religious Affiliation

03. Educational Attainment

04. Ecological Distribution of Delinquency

05. Rural Urban Residence

06. Guardian's Occupation

Causes of Juvenile Delinquency Juvenile Justice in Different Country

01. Juvenile Justice in U.K.

02. Juvenile Justice in U.S.A.

03. Juvenile Justice in India

Chapter Eleven

Different Cases on Juvenile Delinquency

in India and Bangladesh

a. Cases on Juvenile Delinquency in India

b. Cases on Juvenile Delinquency in Bangladesh


Chapter Twelve Children as Victims of Crime:

Bangladesh Reference

Chapter Thirteen A gravy train and shackled kids in Bangladesh Chapter Fourteen The Juvenile Death Penalty

01. History of Executing Juveniles in the United States

02. How the Law Views Juveniles

03. How Juveniles Are Treated Outside Criminal Law

04. Supreme Court Jurisprudence for the Juvenile Death Penalty

05. The Current Status of the Juvenile Death Penalty in Legislatures

06.How the International Community Views Juvenile Executions

Chapter Fifteen Conclusion

Chapter Sixteen Abbreviation and related Laws and Acts.

Chapter Seventeen Bibliographical Index Chapter Eighteen Table of Cases

Involvement of Juvenile in Criminal Offense


Photo Credit: Dan4th Nicholas
Photo Credit: Dan4th Nicholas | Source

Chapter One

Introductory:

01. Introduction

Juvenile delinquency is an inextricable problem for any human society. It is a problem that persists in our society and also all over the world to a perceptible degree. A child is born innocent and it nourished with tender case and attention he or she will be a person of statute and excellence. To understand the problem is real perspective it is necessary to understand the meaning of delinquency and its significance is the social background of our society1. On the other hand, noxious surroundings, neglect of basic needs bad company and other abuser and temptations would spoil the child and likely to turn him a delinquent.

"We are guilty of many errors and many faults, but our worst crime is abandoning the children, neglecting the foundation of life. Many of the things we need can wait, the child can not, night now is the time his bourse are being formed, his blood is being mode and his senses are being developed. To him, we cannot answer tomorrow. His name is "Today"2.

Thus children being are important asset, every effort should be made to provide them equal opportunities for development so that they become robust citizens physically fit, mentally alert and morally healthy endowed with the skills and motivations need the societies. The Neglected children and juveniles fall an easy prey to criminality. The adolescents claim the highest share in violence due to dashing nature, lack of foresight, uncritical enthusiasm, physical strength, endurance and desire for adventure.

02. Aims and Objects of the Study

The society of Bangladesh is passing a transition from 1950s. The large number of population are burdened to the country and because of having the unemployment largely, the proper development of the country are not increasing day by day. Moreover, political stability as well as other problems are also responsible for the under developing situation of the country. Crimes are increasing day by day for various reasons and juvenile crimes are one of the results of the failure conducting. So the aims and objects of this study may consider the following demands:

01. An agro-based village oriented society may be started to transform. into an urban society causing the emergence of single parents' family.

1 Justice V. R Krisna Lyer

2 Nobel Laureate Gabrial Mistral

3 Ibid. 2.


02. To remove the urban life with its anonymity, complicacy and material infrastructure this is liable for more opportunity for criminal activities. That is identified as one of the major causes for high rate of criminality including extensive juvenile delinquency.

03. Continuous famine in some regions, unemployment, bringing down banks of rivers and increasing poverty caused large-scale migration of people from village to city.

04. The migrated people with their family members took shelter in slum areas and remain deprived of basic civic amenities.

05. Criminal activities are taking strong hold by taking advantage of unemployment, deprivation and vulnerable economic condition of slum people.

06. Absence of strong parental control and lack of opportunity to get education are pressing the juveniles of slums to have more involvement with criminal activities.

07. Extensive satellite culture has some impact on the mindset of the young folk in no way that is always functioning positively. All these social conditions are contributing heavily for increasing delinquency rate among the juveniles.

03. Methodology

The purpose of juvenile justice system is not to penalize the juveniles, but to make them understand their mistakes and afford them an opportunity to rectify themselves. Any confinement or detention in a remand home, place of safety or correction centre is a major barrier for the rectification of juveniles. Because detention within an institute creates guilty feelings among the juveniles and people also treat them as offender. Considering this attitude of society the Children Act, 1974 gives power to the officer-in-charge of the police stations to forward the juveniles on bail and to the magistrates to order the juveniles to be released on probation of good conduct and committed to the care of the parents or any other relative even after the conviction of the juveniles. But unfortunately these alternative measures remain unexhausted due to lack of motivation, ignorance of magistrates and unavailability of parents or reluctance of parents. Deprivation of liberty of juveniles by sending them to the correction centre should be the last resort and should be used in the rarest of the rare cases. But deprivation of liberty is extensively used which is frustrating the purpose of juvenile justice.

The provisions to treat the children separately after arrest, to submit separate charge-sheet and to conduct separate trial in a homely atmosphere are not maintained due to ignorance of law, proper motivation and an attitude to avoid extra burden by the police officers and magistrates.

The transition of society, complicacy of urban life, absence of parental control and care, impact of satellite culture and overall malfunctioning of society cause to develop deviant juvenile subculture in Bangladesh. Implementation of law by the main actors, exploitation of alternative measures, and all out efforts of societal people of different strata are required to combat this problem.

04. Definition

The concept of "Juvenile delinquency" has been vaguely and imprecisely defined in many countries; a clear definition would be most useful in the formulation of workable programmers for the prevention of juvenile delinquency. In finding out a working definition, it should be remarked that juvenile delinquency is not mere legalistic concept as it is some times taken to be. It may be construed as a specific behavior pattern. It is only when this behavior pattern is of an aggressive nature and handful to the public that the boy or girl concern come juvenile deliquescence may be defined in simple words as antisocial tendencies in the young & youthful. It spells the loss of control of family and society over a portion of the growing generation. An offender is considered juvenile or criminal on the basis of his age at the time of conviction not at the time of commission of offence.

"It is a phenomenon which has engaged the attention of society in particular the law since the birth of civilization."

According to Burt, "a child is to be regarded as technically a delinquent when his anti­social tendencies appear so grave that becomes subject of official action. "Irrespective of legal definition, a child might be regarded as delinquent when his anti-social conduct inflicts suffering upon others or when his family finds fiim difficult to control4.

In a broad generic sense, Juvenile delinquency refers to " a variety of anti-social be heavier of a child and is defined some what differently by different societies, though a common cornering tendency may be noted in those forms, namely, socially unacceptable tendency of the child at any given time5."

By Paul W. Tappan, Euphemistic terminology such as "heaving" instead of trial or instead of "sentence" should not conceal from us the fact that the nature of entire procedure may be little different from that of a criminal court.

05. Problem of definition of child

The United Nations Convention on the Rights of the Child (CRC) defined child as any person under the age of 18 years unless under the law applicable to the child, maturity is attained earlier. Bangladesh ratified the Convention on the Rights of the Child in November 19896. In Bangladesh there are a number of laws which defined a child. These laws are conflicting regarding the age of children. Some described a child as a person below 12 years, others state below 14 years and some defined them as a person below 18 years of age. But the Children Act, 1974 defined a child as a person under the age of 16 years. Article 2(f) provides that, "Child" means a person under the age of 16 years, and when used with reference to a child sent to a certified institute or approved home or

4 Pearce.

5 Ruth shines cavern.

' Sec. 2 of the United Nations Convention on the Rights of the Child (CRC).


committed by a Court to the custody of a relative or other fit person means that child during the whole period of his detention notwithstanding that he may have attained the age of 16 years during that period7.

06. Juvenile justice system in Bangladesh

The Children Act, 1974 is the substantive law for juvenile offenders and their treatment. The law was made to consolidate and amend the laws relating to the custody, protection and treatment of children and trial and punishment of youthful offenders.

07. High court Order

According to international save the children U.K.'S report in daily Prothom Alo on 4th January, 2003 that there are about 400 children is central jail. After this information High Court Division issues a suo-moto, order no-248/2003 on 9 April 2003 for the redemption of the Juvenile8.

Order of High Court Division regarding this matter: The High Court Division of the Supreme Court of Bangladesh provides the following orders -

02. Juvenile justice administration shall be preceded by the juvenile court.

03. The Govt. wills application to the court for the acquitted of the children from the case.

04. The existence legal aid committee will arrange the bail.

05. No child shall be changed with or tried for, any affiance together with an adult.

06. The children have to send to remand home on correction centre.

7 The Children Act, 1974 defined a child as a person under the age of 16 years. Article 2(f) provides that, "Child" means a person under the age of 16 years.

8 High Court Division issues a suo-moto, order no-248/2003 on 9 April 2003 for the redemption of the Juvenile; taken from the daily newspaper dated on 10 April, 2003

Chapter Two


Photo Credit: thierry ehrmann
Photo Credit: thierry ehrmann | Source

Juvenile Justice Administration and

the International Views

It is accepted that children who are criminally culpable under the State's penal codes are in conflict with the Law. Historically, in matters of criminal justice, the violation of law was of greater significance than the age or the immaturity of the offender. This stemmed from the ideology those children, who were regarded as miniature adults at that time, did not merit special treatment. However, over the past century and a half changing perceptions and sustained efforts by specific groups within the civil society, have led to the development of a criminal justice system with a more child-friendly orientation. The rationale was that since children are not fully aware of the implications of their acts they are required, to be treated with sensitivity and care.

The administration of justice for minors who are accused of, or alleged as having breached the penal laws of the country essentially constitutes the juvenile justice system. Juvenile justice, in the strict sense of the term, denotes the right of children to have the support at all levels, i.e., the State, the family and the community, in realizing their rights of survival, protection, development and participation9. The present exercise is an attempt at reviewing the administration of juvenile justice in Bangladesh and assessing the impact of correctional services on juveniles and children.

01. Administration of Juvenile Justice: (International Perspectives)

The international approach to administration of juvenile justice recognizes the necessity to have the rights of children redefined and developed in concrete ways simply because they are a special category of human beings. Accordingly, the United Nations have taken significant steps mat have contributed to the development of standards for treatment of children who come into conflict with the law. The initiatives are described below in brief for an understanding and appreciation of the standard setting role of the United Nations.

02. Standard Minimum Rules for the Administration of Juvenile Justice (Hie Beii ing Rules) 1985

The Beijing Rules provide minimum conditions for the treatment of juveniles who come into conflict with law. The Rules explicitly provide for a separate and specialized system of juvenile justice and underscore that detention of children should be used as a last resort and that too, for the shortest possible time. The Rules discourage capital and corpora! Punishment for children

Under the Rules children should be allowed to participate in the legal proceedings. Moreover, care and education of children must be ensured during the period of detention.

9 Khair, Sumaiya, "Street Children in Conflict with the Law. The Bangladesh Experience", Asia-Pacific Journal on Human Rights and Law, Vol.2., No. 1, 2001, Kluwer Law International, pp-55-76, 56.


At all stages of the proceedings discretion should be exercised in the best interests of the child.

In terms of treatment the Rules require that children should be treated fairly and humanely. Measures adopted should be proportionate to the nature of the offender and the offence. The Beijing Rules however, refrain from prescribing approaches beyond setting forth the basic principles of proportionality and the limited use of deprivation of liberty, a shortcoming that has been resolved substantially by the Convention on the Rights of the Child.

03. The Convention on the Rights of the Child 1959

The Convention on the Rights of the Child (CRC) 1989 in Articles 37 and 40 spell out the rights of children in conflict with the law and ensure basic guarantees and legal and other assistance for their defense. Article 37 of the CRC ensures that no child shall be subjected to arbitrary arrest detention, torture or other cruel. Inhuman and degrading treatment including capital punishment and life sentence. The arrest or detention c f a child must be in conformity with law during which the child shall be treated with

humanity and dignity10.

Many of the essential principles of the 19S5 Beijing Rules find expression in Article 40 of the CRC and lend them a binding effect. Article 40 of the CRC provides that every child alleged as, accused of, or recognized as having violated the penal law must be treated in a manner consistent with the child's human rights, fundamental freedoms, sense of worth and dignity. Regard must be had to the age of the child and the need to promote its reintegration into society- Accordingly, a child must be presumed innocent until proven guilty, be informed of charges promptly and cannot be compelled to give testimony or confess to guilt and muse rave access to legal representation. Articles 37 and 40 are qualified by Article 3 of the CRC which states that in all actions, whether undertaker by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration11.

The Convention on the Rights of the Child is complemented by two other major documents, which set standards and guidelines for the protection of children in conflict with the law.

10 Articl 37 of The Convention on the Rights of the Child (CRC) 1989 and 40 spell out the rights of children in conflict with the law and ensure basic guarantees and legal and other assistance for their defense.

04. UN Guidelines for the Protection of Juveniles Deprived of their Liberty 1990

These Guidelines apply to all institutions, which detain any person under the age of 18 years. These include institutions for health, welfare or juvenile justice. The Guidelines advocate the least possible use of deprivation of liberty and discourages detention in prisons and other closed institutions. Moreover, the Guidelines advise that children, when detained, should be kept separate from adults in order to protect them from negative influences. Rather, facilities must promote health of juveniles and instill in them self respect and a sense of responsibility to enable them to make a smooth return to society. Access to parents during the period of detention is essential.

05. UN Guidelines for the Prevention of Juvenile Delinquency (Hie Riyadh Guidelines) 1990

The Riyadh Guidelines emphases on the need for integrated and comprehensive plans for preventing crimes by children and young people. They advocate for formal mechanisms of crime control as a last resort. The Guidelines also underline the need for having due regard to the human rights and fundamental freedoms <5f children, particularly of those who are at 'social risk', such as children who are homeless, destitute, abused and so on. Accordingly, laws and procedures should promote, protect and uphold children's rights. The Guidelines further recommend that children should be encouraged to participate in policy formulation and implementation of prevention programmers as active and equal partners.

An examination of the international standards on the administration c: juvenile justice reveals two broad principles that are of particular significance to children in conflict with the law. Firstly, that the well being of children who come in conflict with the law must be ensured and secondly, the children who come in conflict with the law must be treated in a manner commensurate to their circumstances and nature of the offence. In other words, the rights of children in conflict with the law must be protected in ways that will facilitate their reintegration into the; societies and assumption of responsibilities therein. Therefore, it is essential to weigh the considerations adequately before committing children to formal institutions. In this context, diversion from formal legal procedures is always an acceptable alternative.

Endorsement of international standards, however, does not automatically guarantee their practical enforcement in domestic context of states-While international standards are meant to apply objectively, they essentially lack binding force. Therefore, while international Conventions may engender certain responsibilities for ratifying states, they carry no formal obligations in terms of practical implementation. In the circumstances, it is crucial to develop enabling mechanisms within the domestic legal system for utilization of international standards in realistic ways.

4 out of 5 stars from 1 rating of Rate This Article

© 2010 sunlight2

More by this Author


Comments 5 comments

sunlight2 profile image

sunlight2 6 years ago from Bangladesh Author

Its Not Yet Finished.


captainchris profile image

captainchris 6 years ago

This is a great hub,keep it up!

Awareness in these things is a must lot of children are turning themselves to petty crimes.


slash_cps 5 years ago

Hi, sunlight2, apnar article ta amar khub dorkar. pls send me full article.


Brandon 21 months ago

Margaret, there is a difference beweten serial killers and mass murder. Mass murder does it all at once.Serial killers often go days, months and years beweten killing. Most often law enforcement has no idea it is even tracking a serial killer unless they are able to put a pattern together. As far as predicting who will become one, don't make me laugh. Put down the mystery novel and come back to the real world.The most truth I have heard from REAL police chiefs and sheriffs is that we will never know for sure who is capable of mass murder until it is done. Most mass murders in the last 50 years have been mentally imbalanced. more tragically many of them telegraphed their intentions but they were either ignored or even swept under the carpet. The Aurora shooter was under the care of a world class psychologist and could have been stopped, but was not.The Shooter of Congresswoman Gifford had been arrested several times for assault but his mother worked for the sheriffs department and charges were dropped on her behalf. Any of those arrests would have prevented him from buying his firearm at a licensed dealer, as he did. The Patient Privacy Act forbids law enforcement to monitor someone who has never been voluntarily committed, it only allows people who have had at least a 72 hour mandatory hold to be flagged in the system.Firearms are no more deadly then they were 30 years ago. Fully automatic firearms have required an ATF approval, fingerprinting and the permission of the ranking law enforcement officer, either police chief or sheriff. Any felony down to and including a 5th degree domestic assault conviction means you can own one. This process can take months. then when you do buy one, the minimum cost will be $5000 and from there it goes up. There has never been a murder with a legally owned full auto firearm except a rogue cop who used police property for a killing.A note on full auto vs semiauto. Full autos will keep shooting as long as the trigger is depressed. A semiautomatic must have one trigger pull for each shot. Semiautomatic's have been built for both military and hunting use for close to a hundred years. They have never gotten more deadly. I gather you have not tried to buy a firearm in the last 15 years from a dealer. Let me walk you through it. First you have to have a drivers license. Then you fill out a page and a half form with about 12 questions. Answer any of them falsely and you are committing perjury and are subject to a 25 year prison sentence and a $250,000 fine. Then the dealer calls a computerized data base run by the ATF with information collected by the FBI. If you have committed a felony or been put on an involuntary mental health holding of 72 hours the sale is declined by the ATF. This is near instantaneous but this time of year can take as long at 3 days. Until it comes through you will NOT be sold the firearm.Then there is the dealers. 99.999% of them do NOT want to sell a firearm to a murderer. They are good people who own the dealers and would rather lose a sale then do that. Would you want that on your conscience?As a firearms salesman I have declined to sell to anyone who I have doubts about. Most often it happens when a woman and a man come in together. He does all the talking and chooses the firearm, then tells her to fill out the paperwork in her name. Sale declined. I have been cursed at and physically threatened for doing this. My assumption is that the firearm is for him, and if he won't pass the NICS check I won't sell. Why do women want to by guns for someone who haas a violent record?yes, more guns are being sold now then ever before. Gun deaths are going down. So are burglaries and robberies. Soon all 50 states will have some kind of permit process for carrying a firearm. In all of them there has not been blood running in the streets because of LEGAL carriers.In the locals where the legal, nonfelones are prevented from carrying the crime and murder rate is the highest. Chicago has the equivalent to a Sandy hook total each month, but they keep guns out of the hand of the innocent. Washington DC found a drop in murder and armed robbery as soon as they were forced by the Supreme court to allow legal people to carry.I will not say anything about the abortion murder issue beyond this. A liberal thinktank a couple years ago stated the drop in crime could be attributed to the large number of abortions performed in the poorest areas.


Eduarda 21 months ago

I wish you would change this to: Why Providing ENABLING Educations to Inmates is Essential. Odds are prtety good they got there via the school-to-jail pipeline and may/probably have hidden LDs that will not be supported through the system. GEDs, an alternative to a diploma, is a test that measures knowledge and skills. In our case, knowledge/IQ is high ..skills have not been taught. Where are those with dyslexia, disgraphia, discalculia, lang. processing disorders, ADHD (as an LD)? If schools can get rid of these pupils their stats don't fall if the justice system mandates the GED, it's not a blemish on the school district. Think about it; they are being allowed to save the money needed to provide LD students with the tools to navigate everyday life (be on time, TELL time, pay a bill, read to their children.) Intelligence is not a factor. Henry Winkler cannot read: he was third from the bottom of his class. He's an actor, producer, writer, spokesperson for Smart Kids With Learning Disabilities He was identified (although late) and able to obtain the needed support to move forward. There's no way around it. DON'T ASSUME THE INMATES DON'T WANT AN EDUCATION, DON'T PRESUME TO KNOW WHAT'S BEST. Get independent evaluations and provide what should have been provided via public education. Maybe curriculum casualties is something to use, besides inmates. They were inmates while in school too.

    Sign in or sign up and post using a HubPages Network account.

    0 of 8192 characters used
    Post Comment

    No HTML is allowed in comments, but URLs will be hyperlinked. Comments are not for promoting your articles or other sites.


    Click to Rate This Article
    working