Philippine Juvenile Justice and Welfare Act (RA 9344)
Réviser ces flashcardsGratuit · répétition espacée · iPhone, Android, Mac et web
Toutes les cartes
1
What is juvenile delinquency in criminological analysis?
Participation by minors in conduct prohibited by criminal law, studied in relation to development, family, peers, schools, and social conditions.
2
What is a status offense?
Conduct prohibited because of a person's status as a minor rather than because the same conduct is criminal for adults.
3
Why must status offenses be distinguished from criminal offenses?
Conduct treated as a status offense does not necessarily establish criminal liability and may require protective or welfare-oriented intervention.
4
What is adolescent-limited risk-taking?
Risk-taking concentrated during adolescence that may decline as individuals mature and assume adult responsibilities.
5
Why is adolescent development relevant to juvenile justice?
Decision-making, impulse regulation, susceptibility to peer influence, and understanding of consequences develop across adolescence.
6
What is the difference between chronological age and developmental maturity?
Chronological age measures time since birth, while developmental maturity concerns cognitive, emotional, and social capacities.
7
What is the principal Philippine law establishing the juvenile justice and welfare system?
Republic Act No. 9344, the Juvenile Justice and Welfare Act of 2006, as amended by Republic Act No. 10630.
8
What is the principal purpose of RA 10630?
To strengthen the Philippine juvenile justice and welfare system by amending RA 9344, including provisions on intervention, facilities, and institutional responsibilities.
9
What does CICL mean in Philippine juvenile justice?
Child in Conflict with the Law.
10
What is a child in conflict with the law under RA 9344?
A child alleged, accused, or adjudged to have committed an offense under Philippine laws.
11
What is the minimum age of criminal responsibility under RA 9344 as amended?
A child aged fifteen years or below at the time of the offense is exempt from criminal liability.
12
What is the rule for a child above fifteen but below eighteen years old?
The child is exempt from criminal liability unless the child acted with discernment, in which case appropriate juvenile justice proceedings may apply.
13
What is discernment in Philippine juvenile justice?
The child's capacity to understand the wrongfulness of the act and its consequences, assessed from the circumstances and evidence.
14
Does proof that a child intentionally performed an act automatically establish discernment?
No. Intentional conduct and the legally relevant understanding of wrongfulness are distinct matters.
15
Who initially assesses discernment under the juvenile justice framework?
The appropriate social worker conducts an initial assessment, while the competent authorities or court determine its legal significance in the proceedings.
16
Why is the child's age at the time of the offense important?
The statutory rules on exemption from criminal liability depend on the child's age when the alleged offense occurred.
17
Does exemption from criminal liability automatically eliminate civil liability?
No. Civil liability may still be determined under applicable Philippine law.
18
What is intervention under RA 9344?
Activities or programs designed to address factors contributing to a child's offending and promote rehabilitation and reintegration.
19
What is diversion under RA 9344?
An alternative child-appropriate process for resolving responsibility and providing services without resorting to formal court proceedings when legally permitted.
20
What is a diversion program?
A set of measures agreed upon or imposed through an authorized diversion process to promote accountability, rehabilitation, and reintegration.
21
What is the difference between intervention and diversion?
Intervention broadly addresses the child's needs and behavior; diversion is a legally authorized alternative process for handling an offense outside ordinary formal proceedings.
22
What is restorative justice under the juvenile justice framework?
An approach that promotes accountability, repair of harm, and reintegration while considering the needs of the child, victim, and community.
23
What is the best interests of the child principle?
The requirement that the child's welfare, rights, development, and circumstances be a primary consideration in decisions affecting the child.
24
What is the principle of deprivation of liberty as a last resort?
Detention or confinement of a child should be used only when necessary and for the shortest appropriate period consistent with law.
25
What is a child-sensitive justice process?
A process adapted to children's developmental needs, understanding, dignity, privacy, and legal rights.
26
What is the importance of legal assistance for a child in conflict with the law?
It helps safeguard the child's rights, ensure informed participation, and prevent improper or coercive procedures.
27
What is the significance of parental or guardian involvement in juvenile proceedings?
Appropriate involvement can support the child and facilitate lawful intervention, subject to safeguards where family participation is unsafe or unsuitable.
28
What is the general role of the local social welfare and development officer in juvenile cases?
To assess the child's circumstances, assist with intervention or diversion, and coordinate rehabilitation and reintegration services.
29
What is the role of the Juvenile Justice and Welfare Council?
To coordinate, monitor, and support implementation of the Philippine juvenile justice and welfare system.
30
What is Bahay Pag-asa under Philippine juvenile justice law?
A youth care facility established to provide appropriate short-term residential care and services for qualifying children in conflict with the law.
31
What is an Intensive Juvenile Intervention and Support Center?
A specialized component of the juvenile intervention framework for certain children requiring intensive intervention under RA 10630.
32
Which children aged above twelve up to fifteen may be subject to intensive intervention under RA 10630?
Children within that age range who commit specified serious offenses under the statutory conditions, without becoming criminally liable merely because of the intervention.
33
Does placement in an intensive intervention program mean a child aged fifteen or below has been convicted of a crime?
No. Statutory exemption from criminal liability remains distinct from protective and rehabilitative intervention.
34
What is the general diversion threshold at the barangay or law-enforcement level under RA 9344?
Where the imposable penalty does not exceed six years of imprisonment, authorized diversion may be pursued at those levels subject to statutory requirements.
35
What is the general diversion threshold at the prosecutor or court level under RA 9344?
Diversion may be considered for qualifying offenses with an imposable penalty not exceeding twelve years of imprisonment, subject to the law's conditions.
36
Why must diversion eligibility be evaluated using the imposable penalty?
RA 9344 uses the legally prescribed penalty, along with other statutory conditions, to determine which authorities may conduct diversion.
37
What is the significance of voluntary participation in a diversion process?
The child's participation and any required acknowledgment must satisfy applicable safeguards and must not result from coercion.
38
What is the role of the victim in juvenile diversion?
The victim's interests and views may be considered in appropriate restorative or diversion processes, subject to the child's rights and statutory procedures.
39
What happens when diversion is not legally available or fails?
The matter may proceed through the appropriate juvenile justice process, with applicable child-specific safeguards.
40
What is the purpose of rehabilitation in juvenile justice?
To address needs and contributing factors, develop prosocial skills, and reduce the likelihood of further offending.
41
What is reintegration in juvenile justice?
The supported return of a child to family, education, community, and lawful social participation following intervention or proceedings.
42
Why is confidentiality important in juvenile justice records?
It protects the child's privacy and reduces stigmatization that could undermine rehabilitation and reintegration.
43
Scenario: A child aged fourteen commits theft. Is the child criminally liable under RA 9344?
No. A child aged fifteen or below at the time of the offense is exempt from criminal liability and should receive appropriate intervention.
44
Scenario: A seventeen-year-old commits an offense without discernment. What is the general rule on criminal liability?
The child is exempt from criminal liability under RA 9344, subject to appropriate intervention and any applicable civil liability.
45
Scenario: A sixteen-year-old commits an offense with discernment. Does the juvenile justice law automatically require adult-style punishment?
No. The child remains entitled to juvenile justice safeguards, including consideration of authorized diversion and other applicable measures.
46
Scenario: A police officer interviews a child suspect without considering age, legal assistance, or appropriate support. What is the principal concern?
Potential violation of the child's procedural rights and the child-sensitive safeguards required by juvenile justice law.
47
Scenario: A fourteen-year-old is referred for intensive intervention after an offense specified under RA 10630. Does the referral remove the statutory exemption from criminal liability?
No. Intensive intervention and criminal liability are separate legal questions.
48
Scenario: A qualifying juvenile case carries an imposable penalty of five years. At which early levels may diversion generally be considered?
At the barangay or law-enforcement level, subject to the applicable requirements of RA 9344.
49
Scenario: A juvenile offender completes an approved program, resumes schooling, and receives family support. What juvenile justice objective is illustrated?
Rehabilitation and community reintegration.
50
What is the central philosophy of the Philippine juvenile justice and welfare system?
Children must be held accountable through age-appropriate lawful processes that emphasize their rights, rehabilitation, restorative approaches, and reintegration.
Plus de flashcards : Droit et politique
Property Law: Ownership and FindersDroit et politique · AnglaisFayePolitikwissenschaft: Parteien und FunktionalismusDroit et politique · AllemandBenedictIntroducción al Derecho Droit et politique · EspagnolJos�Poli Sci Unit 1Droit et politique · AnglaisFlashcardsEvidence HoldingsDroit et politique · AnglaisKristinRevised Penal Code: Kidnapping and Illegal DetentionDroit et politique · AnglaisSANGALLAPolice Logistics and Public Finance ManagementDroit et politique · AnglaisSANGALLAUnit 4 VocabDroit et politique · AnglaisAllimPowerDroit et politique · AnglaisAnaïswhatDroit et politique · AnglaisNicoleS4 TD 123 AAUDroit et politique · FrançaisLynelaw enforcement phonetic alphabet Droit et politique · AnglaisAlician
Tous les decks : Droit et politique
Révise ces decks dans l’app
Gratuit sur iPhone, Android, Mac et le web. Ajoute n’importe quel deck à ton compte en un tap.
