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Understanding the Concept of Child Delinquency in the Administration of Child Justice

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Child Justice Administration in Africa

Abstract

This chapter offers the theoretical analysis of the concept of childhood as an entry point into the child justice system. It provides a critical analysis of the controversies brought by different laws on the determination of minimum age of criminal responsibility globally. The chapter also examines the theories of child delinquency and uses broad perspectives in explaining why children commit crimes. The empirical findings in this chapter reveal that the sociological theory prevails most of the discourses on the causes of child delinquency. It is in the light of these findings that the chapter focuses more specifically on examining the sociological theory and the various explanations of the causes of child delinquency under this theory from Nigerian and South African’s perspectives. The chapter contends that irrespective of the vast resources expanded by the Nigerian and South African governments for the control of crimes particularly, child delinquency; it has been discovered in this chapter that little efforts were directed for the prevention of crimes. Thus, the chapter examines various preventive mechanisms that can be taken by Nigeria and South Africa in this paradigm.

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Notes

  1. 1.

    Ordinarily, in Nigeria and South Africa, courts are prohibited from trying child offenders in public or open court with the public in attendance irrespective of the crime allegedly committed. But on the contrary, a child offender who committed a crime with an adult is usually tried in the public.

  2. 2.

    Alemika, E. E. O., and Chukwuma, I. C., Juvenile Justice Administration in Nigeria: Philosophy and Practice, 15.

  3. 3.

    See Goldson, B., The New Youth Justice (Lyme Regis, 2000), 309; Goldson, B., and Muncie J., Youth, Crime and Justice: Critical Issues (London, 2006), 202; and Garlard, D., The Culture of Control: Crime and Social Order in Contemporary Society (London: Oxford, 2002) in Bradley, Kate, Juvenile Delinquency and the Evolution of the British Juvenile Courts, c. 1900–1950. Available at http://www.history.ac.uk/ihr/Focus/welfare/articles/bradleyk.html. Accessed on 30 May 2011.

  4. 4.

    Adolphe Quetelet and Andre Michel Guerry were among the first scholars to repudiate the classical free-will doctrine from their working independently on the relation of crime statistics to such factors as poverty, sex, race, age and climate to mention just but few, concluded that society and not the decisions of individual offenders were responsible for criminal behaviour. See Quetelet, A Treatise on Man, 103. See also, Cheatwood, Derral, ‘Is There a Season for Homicide?’ (1988), Criminology, 26, 287–306. Quoted in Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System . Ibid.

  5. 5.

    Doherty, O., Criminal Procedure in Nigeria (Lagos: Blackstone Press, 1990), 57. See also Smith, J. C., and Hogan, B., Criminal Law (London: Butterworth, 1983), 98.

  6. 6.

    See Appendix A to this study.

  7. 7.

    See South African Press Report dated 22 February 2016.

  8. 8.

    See Section 2 of Children and Young Persons Law, Cap C10 Laws of Lagos State 2004. Section 2(k) of the Juvenile Justice Act 2000 defined a juvenile or child to mean a person who has not completed the eighteenth year of age. A boy or girl under 18 years of age is a juvenile or child. In the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the age definition of a juvenile is made dependent on each respective legal system so as to accommodate the different economic, social, political, cultural and legal systems of member states. See Appendix A, Beijing Rules 2.2(a).

  9. 9.

    Section 35(1)(d) 1999 Constitution.

  10. 10.

    See Sections 5(b) and 7(1) of Shari’ah Court Laws of Zamfara State which provides that the Courts shall have jurisdiction in criminal proceedings under Islamic law involving or relating to any offence, penalty or forfeiture, punishment or other liability in respect of an offence committed by any person. See Integrated Regional Information Networks (IRIN), Nigeria: Focus on the Administration of Juvenile Justice, 26 August 2002. Available at http://www.irinnews.org/report.asp?ReportID=29531. Accessed on 7 February 2010.

  11. 11.

    See Imran, Islamic Jurisprudence, 111.

  12. 12.

    Sadr al-Shari’ah, Al-Tawdih, Vol. 2, p. 755, cited in Imran, Islamic Jurisprudence, 111.

  13. 13.

    Aql implies the full development of the mental faculty.

  14. 14.

    In the view of the Islamic jurists, puberty is associated with the external standard of puberty, that is, the physical signs indicating the attainment of puberty are the commencement of ejaculation in a male and menstruation in a female. And in the absence of these signs, puberty is presumed at the age of fifteen in both males and females. But according to minority jurists like Abu Hanifah, puberty is presumed at the age of eighteen for males and seventeen for females. See Imran, Islamic Jurisprudence, 113.

  15. 15.

    Ibid.

  16. 16.

    For example, in R v. Bangaza (1960) 5 F.S.C., the then Federal Supreme Court was faced with the problem of interpreting the provisions of Section 319(2) of the Criminal Code, 1954 wherein the Court applied the literal rule of interpretation to the extreme by interpreting the provisions to mean that age of liability is the age of conviction and not the age of commission. In this case, the accused person who was charged for murder was given capital punishment even though the accused person committed the crime before he attained the age of majority.

  17. 17.

    AIR 2005 Sc 2731 (2005) 1 Crimes 286 (SC), 2005 All MR (Cri) 2258 (SC); 2005 Cr LJ 3091; 2005 AIR SCW 3088. The above case was differentiated from Arnit Das v. State of Bihar (2000) 5 SCC 488; 2000 SCC (Cri) 962; AIR 2000 SC 2264; 2000 Cri LJ 2971 (SC) where the Supreme Court observed that: “the relevant date at which juvenility was to be determined was the date on which the juvenile was produced before the competent authority”. However, the Supreme Court hold in the case of Umesh Chandra v. State of Rajasthan (1982) 2 SCC 202; 1982 SCC (Cri) 396; AIR 1982 Sc 1057; 1982 Cri LJ 994 (SC) that: “As regards the general applicability of the act, we are clearly of the view that the relevant date is the date on which the offence takes place”. The rationale for the enactment of the Children Act was “to protect young children from the consequences of their criminal acts on the footing that their mind at that age could not be said to be mature for imputing mens rea as in the case of an adult”. The intendment of this Act shows that a clear finding must be recorded with regard to the relevant date for applicability of the Act to be “the date on which the offence takes place…” we are clearly of the view that the relevant date for applicability of the Act so far as age of the accused, who claims to be a child, is concerned, is “the date of the occurrence and not the date of the trial”.

  18. 18.

    2002 All MR (Cri) 713 (SC), AIR 2002 SC 748, 2002 Cr LJ 1014, 2002 AIR SCW 385.

  19. 19.

    See Section 32, Children and Young Persons Law, Cap C10 Laws of Lagos State 2004. In Gopinath Ghosh v. State of West Bengal (1984) Supp SCC 228; 1984 SCC (Cri) 478; AIR 1984 SC 237; 1984 Cri LJ 168 (SC), the Apex Court “instructed Magistrates to conduct an inquiry about age when it appeared that the accused was under 21 years of age”. The court holds that: “it is the responsibility of the Magistrate Court “to take measures to determine the age of the accused”. The Criminal Manual A. K. Gupte and S. D. Dighe Hind Law House, 2001 is in tandem with the decision of the Apex Court. For instance, page 149 in Chapter VI of the Fifth edition issued by the High Court of Judicature (Appellate Side) Bombay for the guidance of the criminal courts, and their subordinate officers states that: “All Courts should, whenever a youthful offender or a party is produced before them, take steps to ascertain his age. If the age given by the police does not appear to be correct from the appearance of the offender or party, and if the police cannot produce satisfactory evidence regarding the age, the court should consider the desirability of sending the offender or party to the Medical Officer for the verification of his age before proceeding with the case…”. It was stated further that “at the time of the examination of the accused, the Sessions Judge or Magistrate should therefore, specifically ask such accused person his or her age for the purpose of recording it…”. “If the Session Judge or Magistrate suspects that the age stated by the accused, having regard to his or her general appearance or some other reason, has not been correctly stated then, the Session Judge or Magistrate should make a note of his estimate”. In the same vein, “the Court may also, when it so deems fit or proper, order a medical examination of the accused for the purpose of ascertaining his correct age and if any documentary evidence on the point of age is readily available, the prosecution may be ask to produce it”. Quoted from Adenwalla, Ms. Maharukh, ‘Child Protection and Juvenile Justice System: For Juvenile in Conflict with the Law’. Available at www.childlineindia.org.in/pdf/cp-JJ-JCL.pdf-similar. Accessed on 22 February 2011. See also, Bhola Bhagat v. State of Bihar (1997) 8 SCC 720, AIR 1998 SC 236.

  20. 20.

    (1984) NMLR (pt. 30) at 17.

  21. 21.

    (1988) 4 NWLR (pt. 130) 124.

  22. 22.

    Morenike, Francis, ‘Juvenile Justice in Nigeria: Dilemma of a Criminal Justice System’. Available at https://www.jjn/html. Accessed on 25 November 2008.

  23. 23.

    See Section 2 of the Criminal Procedure Act Cap C41 Laws of the Federation, 2004 and Section 30 of the Criminal Code, Cap C38 Laws of the Federation, 2004. See Section 2 of the Criminal Procedure Act and Section 2 of the Children and Young Persons Act. See generally Section 29 of Juveniles Act which provides thus: (1) it shall be conclusively presumed that no child under the age of ten years can be guilty of any offence; (2) a person of or over the age of ten and under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission; and (3) a male person under the age of twelve years is presumed to be incapable of having carnal knowledge.

  24. 24.

    Ibid.

  25. 25.

    Ibid.

  26. 26.

    See generally Section 29 of Juveniles Act which provides thus: (1) it shall be conclusively presumed that no child under the age of ten years can be guilty of any offence; (2) a person of or over the age of ten and under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission; and (3) a male person under the age of twelve years is presumed to be incapable of having carnal knowledge.

  27. 27.

    See generally, Ayua, A. A., and Okagbue, I. E, The Rights of the Child in Nigeria (Lagos: Nigerian Institute of Advanced Legal Studies, 1996), 15.

  28. 28.

    Ibid., at 31.

  29. 29.

    (1965) I ANLR, 356.

  30. 30.

    Okonkwo, C. O., Nwankwo, Clement, and Ibhawoh, Bonny, Administration of Juvenile Justice in Nigeria (1st ed.; Lagos: Constitutional Rights Project (CRP), 1997), 6.

  31. 31.

    Ibid., 7. See, CLO, Annual Report on Human Rights in Nigeria, 1990.

  32. 32.

    Ibid.

  33. 33.

    Ibid., at 6–7.

  34. 34.

    See Section 12(a-b), Children’s Act, 2005 as amended.

  35. 35.

    See Section 13(1)(a-e), ibid., see also Section 5 of the Child Justice Act 2008 as amended.

  36. 36.

    See Section 14(1), Child Justice Act.

  37. 37.

    1967 (1) SA 70 (N) at 71. See details of the provision of Section 337 of the South Africa Criminal Procedure Act, 51 of 1977 at Chapter 6 of this book.

  38. 38.

    Case of R v. Machambere & Another 1950 (1) SA 315 (SR) is apposite to the above decision where it was held that “the opinion of a medical practitioner must be given under oath and must be subjected to cross-examination”. See also, S v. Reynders 1972 (1) SA 570 (C).

  39. 39.

    2006 (1) SACR 395 (E).

  40. 40.

    1984 (3) SA 666 (A).

  41. 41.

    In S v. Mavhungu 1988 (3) SA 67 (V), reference was made to “a medical report in terms of section 212(4)(a) of the Criminal Procedure Act 51 of 1977 to establish prima facie proof of the age of the accused”.

  42. 42.

    1981 (4) SA 614 (A). See also, S v. Swartz 1970 (2) SA 240 (NC).

  43. 43.

    However, South Africa in 2016 has reviewed minimum age for criminal liability to 12 years, whereas a child of 13 and 14 will enjoy special protection measures. See South African Press Report dated 22 February 2016.

  44. 44.

    Article 40(3)(a) of the United Nations Convention on the Rights of the Child provides that: “States parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular: The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law”.

  45. 45.

    A Birth Certificate or School Leaving Certificate produced by the accused person to denote his age may be verified in the event of the court doubting same and this can be done by the police. In the absence of documentary evidence, the opinion of a medical practitioner may be called for. In Modi’s Medical Jurisprudence & Toxicology, Butterworths India, New Delhi, 22nd Edition, p. 49 quoted from Adenwalla, Ms. Maharukh, ‘Child Protection and Juvenile Justice System: For Juvenile in Conflict with the Law’. The principle means, which enable one to form a fairly accurate opinion about the age of an individual, especially in early years, are teeth, height and weight, ossification of bones and minor signs. However, it has been pointed out in the case of Jaya Mala v. Home Secretary, Govt. of J & K (1982) 2 SCC 538; 1982 SCC (Cri) 333; AIR 1982 SC 1297; 1982 Cri LJ 1777 (SC) that the age as ascertained by the medical examination is not conclusive proof of age, and judicial notice has been taken that it is a mere opinion of a doctor and the margin of error could be of 2 years on either side. And in Bhoop Ram v. State of U.P. (1989) 3 SCC1; 1989 SCC (Cri) 486; AIR 1989 SC 1329; (1989) 2 Crimes 294, the court held that in case of conflict between documentary evidence and the medical examination report, the age shown in an authentic document will be treated as the correct age of the accused. See also, SMT. Kamiesh & Anor. v. State of U.P. (2002) Cri LJ 3680 (Allahabad).

  46. 46.

    See Alemika, E. E. O., and Chukwuma, I. C., Juvenile Justice Administration in Nigeria: Philosophy and Practice (Lagos: Centre for Law Enforcement Education, 2001).

  47. 47.

    See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System (6th ed.; New York: McGraw-Hill, 2007). See also Johnson, H. A., and Travis Wolfe, N., History of Criminal Justice (2nd ed.; Cincinnati, OH: Anderson, 1996). Quoted in Juvenile Delinquency: World Youth Report, 2003. Available at http://www.tdh-childprotection.org/documents/world/youth-report-chapter-7-juvenile-delinquency. Accessed on 21 March 2011.

  48. 48.

    Ibid.

  49. 49.

    Ibid. For example, the Romans had a propensity for studying flights of birds and reading the entrails of sacrificial beasts to divine their fortunes. Romans also believed that the moon, or Luna, influenced human behaviour. Our word lunatic comes from the ancient belief that criminal or otherwise bizarre behaviour is caused by phases of the moon. The Greeks consulted oracles, such as the famous one at Delphi, who sometimes divined fortunes by inhaling sacred vapours, hallucinating and babbling fortunes that required interpretation by holy guides.

  50. 50.

    See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System , 237. See also Johnson, H. A., and Travis Wolfe, N., History of Criminal Justice.

  51. 51.

    See Juvenile Delinquency: World Youth Report, 2003.

  52. 52.

    Ibid.

  53. 53.

    For example, a number of ancient cultures engaged in the practice of drilling holes in the skull (known as trephining), which supposedly allowed evil spirits to depart from their human “host”.

  54. 54.

    See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System, 60. See also Juvenile Delinquency: World Youth Report, 2003.

  55. 55.

    This Classical School Theory of “free will” originated with the writings of Cesare Beccaria in Italy, who published An Essay on Crimes and Punishment in 1764. His discussion of why crime occurs and how society should respond to it was groundbreaking, and it resulted in widespread debate. Beccaria advocated the then-radical proposition that punishment should be swift, certain and proportional. He also argued that both corporal and capital punishments should be abolished and that most (if not all) criminal laws should be revised accordingly. The philosopher Jeremy Bentham in England promoted Beccaria’s thesis in the late eighteenth and early nineteenth centuries, primarily in his book An Introduction to the Principles of Morals and Legislation. Bentham believed that humans rationally seek pleasure and avoid pain, so that rational people can be deterred from criminal deviance. Nevertheless, criminals conclude that the pleasure derived from crime counterbalances the pain of punishment. Bentham further argued that deterrence would be accomplished by the certainty of punishment, and by making the severity of each punishment surpass any benefit derived from the crime. See Becarria, C., An Essay on Crimes and Punishment (Wellesley, MA and London: Branden Publishing, 1992) in Juvenile Delinquency: World Youth Report. See also, Burns, J. H., and Hart, H. L. A., The Collected Works of Jeremy Bentham: An Introduction to the Principles of Morals and Legislation (Oxford University Press, 1996). See Dambazau, A. B., Criminology and Criminal Justice, 6–9.

  56. 56.

    Ibid.

  57. 57.

    Ibid.

  58. 58.

    See Juvenile Delinquency: World Youth Report, 2003.

  59. 59.

    Somatotype school of criminology, which related body build to behaviour. This originated from the work of Ernest Kretschmer which was later formulated by William Sheldon as the endomorph, the mesomorph and the ectomorph respectively and concluded that a high degree of mesomorphy and a low degree of ectomorphy were found in juvenile delinquents and other aggressive, violent individuals. See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System, 72. See also Juvenile Delinquency: World Youth Report, 2003.

  60. 60.

    This is a study of facial features and their relation to human behaviour. The Medieval-era Europeans ascribed the concept of physiognomy to moral and behavioural traits of human physical appearance. In particular, they argued that facial characteristics were deemed to be indicators of moral character, so that facially pleasing people were more likely to be given the benefit of the doubt than facially “displeasing” people. Physiognomists dutifully reported the soundness of a variety of physiognomic traits and measured their prominence among criminals and other undesirables in comparison with the general population. See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System , 67. See also Juvenile Delinquency: World Youths Report, 2003.

  61. 61.

    Phrenology is human behaviour that is determined by bodily functions emanating from the organs. During the late eighteenth and early nineteenth centuries, Franz Joseph Gall systematically promoted the science of phrenology by positing that bumps on the head were indications of psychological propensities, and brain is the source of all personality, including deviant personality. See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System .

  62. 62.

    Atavism is a reversion to a lower type of evolutionary development. It has been observed by Cesare Lombroso in his evolutionary interpretations of human behaviour that criminals are atavistic creatures with uncivilised criminal dispositions, and the characteristic of these people was called atavism. See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System . See also Juvenile Delinquency: World Youth Report, 2003.

  63. 63.

    See Becarria, C., An Essay on Crimes and Punishment (Wellesley, MA and London: Branden Publishing, 1992) in Juvenile Delinquency: World Youth Report.

  64. 64.

    Ibid.

  65. 65.

    Chromosome theory represents an example of the modern approach to heredity theory. Chromosomes, which are composed of DNA, contain the genetic code for human gender differences. Gender is determined from chromosomal arrangements, so that women typically have an “XX” pattern and men have an “XY” pattern. Some people have anomalous patterns, which include “XXX” for some women and “XYY” for some men. During the 1960s, scientists investigated the theoretical implications of the “XYY” pattern. Research was reported in 1965 suggesting that “XYY” males are more prevalent in prison populations than in society. These “super males” were reported to be more aggressive than typical “XY” males, and therefore, more prone to criminal deviance than “XY” males. See Jacobs, P., Brunton, M., Meville, M. M., et al., ‘Aggressive Behaviour, Mental Subnormality, and the XYY Male’ (1965, December), Nature, 208, 1351–1352. Cited in Juvenile Delinquency: World Youth Report, 2003.

  66. 66.

    Ibid.

  67. 67.

    To demonstrate that certain traits are inherited, geneticists for example have argued that the predisposition to act violently or aggressively in certain situations may be inherited. In other word, while criminals are not born criminal, the predisposition to be violent or commit crime may be present at birth. For more details, see Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System , 101.

  68. 68.

    The belief that criminals are born, not made, and that they can be identified by various physical irregularities is reflected not only in scientific writing but also in literature as well. This was evidenced in the postulation of Shakespeare Julius Caesar thus: “Let me have men about me that are fat; sleek headed men and such as sleep o’ nights. Yond Cassius has a lean and hungry look; He thinks too much: such men are dangerous”.

  69. 69.

    These qualities include genetic, biological and biochemical profiles that theoretically cause or have a strong effect upon, one’s propensity for deviant behaviour.

  70. 70.

    See James, A. I., Criminal Justice (8th ed.; New York: McGraw-Hill, 2007), 49–50.

  71. 71.

    Richard Dugdale’s research on the Juke family, published in 1877, was among the first scientific studies that systematically argued in favour of a genetic basis for immorality, crime and delinquency. See Dugdale, R. L., The Jukes: A Study in Crime, Pauperism, Disease and Heredity (3rd ed.; New York: G. P. Putnam’s Sons, 1985) cited in Juvenile Delinquency: World Youth Report, 2003.

  72. 72.

    Ibid.

  73. 73.

    See Curran, D. J., and Renzetti, C. M., Theories of Crime (Boston: Allyn & Bacon). Quoted in Juvenile Delinquency: World Youth Report, 2003.

  74. 74.

    Ibid.

  75. 75.

    See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System , 85.

  76. 76.

    The psychoanalytic principle of criminality attributed delinquent and criminal behaviour to either a conscience so overbearing that it arouses feelings of guilt or a conscience so week that it cannot control the individual’s impulses or the need for immediate gratification. Sigmund Freud suggested that an individual’s psychological well-being is dependent on a healthy interaction among the id, ego and superego. Healthy development of the id, ego and superego occurs early in life, so that early experiences are critical for future adult behaviour. Troubling or traumatising events during childhood can become catalysts for delinquency and criminality. Juvenile delinquents and adult criminals are, according to psychoanalytic theory, persons without sufficiently developed egos and superegos. See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System .

  77. 77.

    Conditioning, which is also regarded as learning concept, maintains that delinquent behaviour is learned through the same psychological processes as any other behaviour. Ivan Pavlov observed that it is a truism that every person’s future behaviour is conditioned by past experiences, and these experiences or environmental stimuli underlie socially acceptable behaviour, as well as delinquency and criminality. See Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System, 90.

  78. 78.

    The concept of the psychopathic personality was developed to describe criminals who behaved cruelly and seemingly with no empathy for their victims. Psychopaths (sociopaths) are considered to be people who have no conscience. They are severely dysfunctional in their relationships with other people and are fundamentally selfish, unpredictable, untruthful and unstable. The term is sometimes used to describe very aggressive delinquents and criminals who act spontaneously without an observable motive.

  79. 79.

    For a good introduction to the work of Jung, see Campbell, J., The Portable Jung (New York: Penguin Books, 1976).

  80. 80.

    See Juvenile Delinquency: World Youth Report, 2003.

  81. 81.

    Ibid.

  82. 82.

    Ibid.

  83. 83.

    This is evident in the postulation of Gabriel Tarde who served as a provincial judge for 15 years and who was later placed in charge of France’s national statistics. After an extensive analysis of these statistics, he concluded that “the majority of murderers and notorious thieves began as children who had been abandoned and the true seminary of crime must be sought for upon each public square or each crossroad of our towns, whether they be small or large, in those flocks of pillaging street urchins who, like bands of sparrows, associate together at first for marauding and then for theft because of a lack of education and food in their homes”. See Tarde, Gabriel, Penal Philosophy (R. Howell, Trans.; Boston: Little Brown, 1912), 252.

  84. 84.

    Ibid.

  85. 85.

    The Belgian mathematician Adolphe Quetelet who reigned between 1796 and 1874 and the French lawyer Andre Michel Guerry who also reigned between 1802 and 1866 were among the first scholars to repudiate the classicist free-will doctrine from their working independently on the relation of crime statistics to such factors as poverty, sex, race, age and climate to mention just but few. They concluded that society and not the decisions of individual offenders were responsible for criminal behaviour. Adolphe Quetelet discovered that behaviour is indeed predictable, regular and understandable. He believed that just as the physical world is governed by the laws of nature, human behaviour is governed by forces external to the individual. The more we learn about those forces the easier it becomes to predict behaviour. He further postulated that the major goal of criminological research should be to identify factors related to crime and to assign to them their proper degree of influence. See Quetelet, A Treatise on Man, 103, and Cheatwood, Derral, ‘Is There a Season for Homicide?’ (1988), Criminology, 26, 287–306. Quoted in Freda, Adler, Gerhard, O. W. Mueller, and Williams, S. Laufer, Criminology and the Criminal Justice System .

  86. 86.

    Ayua, I. A., and Okagbue, I. E., The Rights of the Child in Nigeria (Lagos: Nigerian Institute of Advanced Legal Studies, 1996), 240.

  87. 87.

    Ibid.

  88. 88.

    Patterson, G. R., and Stouthamer-Loeber, M., ‘The Correlation of Family Management Practices and Delinquency’ (1984), Child Development, 55, 1299–1307.

  89. 89.

    Ibid.

  90. 90.

    Author’s field survey at Lagos, Kaduna, Port Harcourt, Enugu, Bauchi and Ilorin in 2014.

  91. 91.

    Cicchetti, D., and Rogosch, F. A., ‘Finality and Multifinality in Developmental Psychopathology’ (1996), Journal of Development and Psychopathology, 8. Available at http://www.ncjrs.gov/html/ojjdp/…/contents.ht. Accessed on 20 October 2011.

  92. 92.

    Hawkins, J. D., Herrenkohl, T., Farrington, D. P., Brewer, D., Catalano, R.F., and Harachi, T. W., ‘A Review of Predictors of Youth Violence’, in R. Loeber and D. P. Farrington (eds.), Serious and Violent Juvenile Offenders: Risk Factors and Successful Interventions (Thousand Oaks, CA: Sage, 1998), 106–146. See also Patterson, G. R., and Stouthamer-Loeber, M., ‘The Correlation of Family Management Practices and Delinquency’ (1984), Child Development, 55, 1299–1307, 25.

  93. 93.

    Interviews conducted by the author in 2014.

  94. 94.

    Interviews conducted by the author in 2015.

  95. 95.

    Author’s field survey at Lagos, Kaduna, Port Harcourt, Enugu, Bauchi and Ilorin in 2014.

  96. 96.

    Ibid.

  97. 97.

    Ibid.

  98. 98.

    Interviews conducted by the author in 2014 and 2015.

  99. 99.

    Author’s field survey at Lagos, Kaduna, Port Harcourt and Ilorin in 2014.

  100. 100.

    Gardner, F. E. M., ‘Positive Interaction Between Mothers and Conduct-Problem Children: Is There Training for Harmony as Well as Fighting?’ (1987), Journal of Abnormal Child Psychology, 15, 37.

  101. 101.

    Wasserman, G. A., Miller, L., Pinner, E., and Jaramillo, B. S., ‘Parenting Predictors of Early Conduct, Problems in Urban, High-Risk Boys’ (1996), Journal of the American Academy of Child and Adolescent Psychiatry, 35, 22. See also, Appendix B of this book.

  102. 102.

    Hirschi, T., Causes of Delinquency (Berkeley: University of California Press, 1996), 22.

  103. 103.

    Jaffe, P., Wolfe, D., and Wilson, S. K., Children of Battered Women (Sage, 1990). See also McKibben, L., De Vos, E., and Newberger, E., ‘Victimization of Mothers of Abused Children: A Controlled Study’ (1989), Pediatrics, 84, 531–535. See also, Reid, W. J., and Crisafulli, A., ‘Marital Discord and Child Behavior Problems: A Meta-Analysis’ (1990), Journal of Abnormal Child Psychology 18, 105–117. See also Hughes, H. M., Parkinson, D., and Vargo, M., ‘Witnessing Spouse Abuse and Experiencing Physical Abuse: A Double Whammy?’ (1989), Journal of Family Violence, 4, 197–209.

  104. 104.

    Interview conducted at Cape Town, South Africa in 2016.

  105. 105.

    Author’s field survey at Lagos, Kaduna, Port Harcourt, Enugu, Bauchi and Ilorin in 2014.

  106. 106.

    See Hetherington, E. M., ‘Coping with Family Transitions: Winners, Losers and Survivors’ (1989), Journal of Child Development, 60, 1–17. According to some scholars in their articles notably Pearson, J. L., Ialongo, H. S., Hunter, A. G., and Kellum, S. G., ‘Family Structure and Aggressive Behaviour in a Population of Urban Elementary School Children’ (1994), Journal of the American Academy of Child and Adolescent Psychiatry, 33, 540–548; Vaden-Kiernan, N., Ialongo, N. S., Pearson, J. L., and Kellam, S. G., ‘Household Family Structure and Children’s Aggressive Behavior: A Longitudinal Study of Urban Elementary School Children’ (1995), Journal of Abnormal Child Psychology, 23, 553–568; McLanahan, S., and Booth, K., ‘Mother-Only Families: Problems, Prospects, and Politics’ (1989), Journal of Marriage and the Family, 51, 557–580; and Sampson, R. J., ‘Urban Black Violence: The Effect of Male Joblessness and Family Disruption’ (1987), American Journal of Sociology, 93, 348–382, they postulated that, on average, children from single-mother households are at increased risk for poor behavioural outcome as a result of their fewer economic resources, mental health problems, higher levels of residential mobility, fewer resources to monitor their children’s activities and whereabouts. Cumulatively, each of these factors contributes to increased levels of early childhood behaviour problems.

  107. 107.

    Lahey, B. B., Piacentini, J. C., McBurnett, K., Stone, P., Hartdagen, S., and Hynd, G., ‘Psychopathology in the Parents of Children with Conduct Disorder and Hyperactivity’ (1988), Journal of the American Academy of Child and Adolescent Psychiatry, 27, 163–170. See also Robins, L. N., Deviant Children Grown Up (Baltimore, MD: Williams and Wilkins, 1966). See also Cummings, E. M., and Davies, P. T., ‘Maternal Depression and Child Development’ (1994), Journal of Child Psychology and Psychiatry, 35, 73–112. See also Costello, E. J., Farmer, E. M., Angold, A., Burns, B., and Erkanli, A., ‘Psychiatric Disorders Among American Indian and White Youth in Appalachia: The Great Smoky Mountains Study’ (1997), American Journal of Public Health, 87, 827–832. Overall, anti-social parents show increased levels of family conflict, exercise poorer supervision, experience more family breakdown and direct more hostility towards their children.

  108. 108.

    The Pittsburgh Youth Study has shown that the association between delinquency and parental anxiety or depression was stronger in younger than in older children. See Loeber, R., Farrington, D. P., Stouthamer-Loeber, M., and Van Kammen, W. B., Antisocial Behavior and Mental Health Problems: Explanatory Factors in Childhood and Adolescence (Mahwah, NJ: Lawrence Erlbaum, 1998). Available at http://www.ncjrs.gov/html/ojjdp/…/contents.ht. Accessed on 20 October 2011. According to Keller et al., ‘Parent Figure Transitions and Delinquency and Drug Use Among Early Adolescent Children of Substance Abusers’ (2002), Journal of Drug and Alcohol Abuse, 28(3), 399–423, “parental disruption is one of the key predictors for delinquent behavior. These disruptions can be varied in nature from divorce, to parental depression (other serious illnesses), inconsistent parenting, constantly moving from one place to another, and at least one-parent committing a crime” (ibid.). The conclusion here is that lack of stability and consistency in the lives of children leaves them at great risk for delinquent behaviour.

  109. 109.

    Ibid.

  110. 110.

    See Juvenile Delinquency: World Youth Report, 2003.

  111. 111.

    Ibid.

  112. 112.

    Siegfried, C. B., Ko, S. J., and Kelley, A., ‘Victimization and Juvenile Offending’ (2004), National Child Traumatic Stress Network. Available at http://www.nctsnet.org/nctsn_assets/pdfs/edu. Accessed on 28 April 2011.

  113. 113.

    Ibid.

  114. 114.

    Okonkwo, C. O., Nwankwo, Clement, and Ibhawoh, Bonny, Administration of Juvenile Justice in Nigeria, 10.

  115. 115.

    Author’s field survey at Lagos, Kaduna, Port Harcourt, Enugu, Bauchi and Ilorin in 2014.

  116. 116.

    Interviews conducted by the author in Pretoria in 2013, Grahamstown in 2015 and Cape Town in 2016.

  117. 117.

    Kilpatrick et al., 2003(b). Juvenile Delinquency: World Youth Report (2004). Available at http://www.un.org/esa/socdev/unyin/documents/ch07.pdf. Accessed on 2 February 2011.

  118. 118.

    Ibid.

  119. 119.

    See Mason, A., ‘Self-Esteem and Delinquency Revisited (Again): A Test of Kaplan’s Self-Derogation Theory of Delinquency Using Latent Growth Curve Modeling’ (2001), Journal of Youth and Adolescence, 30, 1.

  120. 120.

    Okonkwo, C. O., Nwankwo, Clement, and Ibhawoh, Bonny, Administration of Juvenile Justice in Nigeria, 15.

  121. 121.

    World Youth Report, 2003.

  122. 122.

    As one juvenile from the Russian Federation said, “I become involved in gang when I was in the eighth form (at 13 years old), but I joined it only when I was in the tenth (at 15 years of age). I had a girlfriend and I feared for her, and the gang was able to provide for her safety”. See Machel, G., Impact of Armed Conflict on Children: Report of the Expert of the Secretary-General. Ms. Graca Machel submitted pursuant to United Nations General Assembly resolution 48/157 (1996) (A/51/306). See also Klein, M., The American Street Gang: Its Nature, Prevalence and Control (New York: Oxford University Press, 1995), 25.

  123. 123.

    Author’s field survey at Lagos, Kaduna, Port Harcourt, Enugu, Bauchi and Ilorin in 2014.

  124. 124.

    Interviews conducted by the author in Grahamstown, 2015 and Cape Town, 2015 and 2016.

  125. 125.

    World Youth Report (2003).

  126. 126.

    Ibid.

  127. 127.

    Cole, J. D., Terry, R. A., Lenox, K., Lochman, J. E., and Hyman, C., ‘Childhood Peer Rejection and Aggression as Predictors of Stable Patterns of Adolescent Disorder’ (2003), Journal of Development and Psychopathology.

  128. 128.

    Herrenkohl, T. I., Hawkins, J. D., Chung, I. J., Hill, K. G., and Battin-Pearson, S., ‘School and Community Risk Factors and Interventions’, in R. Loeber and D. P. Farrington (eds.), Child Delinquents: Development, Intervention, and Service Needs (Thousand Oaks, CA: Sage, 2001), 211–246.

  129. 129.

    Hawkins, J. D., Herrenkohl, T., Farrington, D. P., Brewer, D., Catalano, R. F., and Harachi, T. W., ‘A Review of Predictors of Youth Violence’, pp. 106–146. See also Hawkins, J. D., Lishner, D. M., Jenson, J. M., and Catalano, R. F., ‘Delinquents and Drugs: What the Evidence Suggests About Prevention and Treatment Programming’, in B. S. Brown and A. R. Mills (eds.), Youth at High Risk for Substance Abuse (DHHS Publication No. ADM 87–1537) (Washington, DC: U.S. Government Printing Office, 1987), pp. 81–131. See also, Le Blanc, M., Coté, G., and Loeber, R., ‘Temporal Paths in Delinquency: Stability, Regression and Progression Analyzed with Panel Data from an Adolescent and Delinquent Sample’ (1991), Canadian Journal of Criminology, 33, 23–47.

  130. 130.

    Maguin, E., and Loeber, R., ‘Academic Performance and Delinquency’, in M. Tonry (ed.), Crime and Justice: A Review of Research (Chicago: University of Chicago Press, 1996), 145–267.

  131. 131.

    Loeber, R., Farrington, D. P., Stouthamer-Loeber, M., and Van Kammen, W. B., Antisocial Behaviour and Mental Health Problems: Explanatory Factors in Childhood and Adolescence.

  132. 132.

    Okonkwo, C. O., Nwankwo, Clement, and Ibhawoh, Bonny, Administration of Juvenile Justice in Nigeria, 18.

  133. 133.

    Ibid.

  134. 134.

    Eron, L. D., and Huesmann, L. R., ‘Television as a Source of Maltreatment of Children’ (1987), School Psychology Review, 16, 195–202.

  135. 135.

    For example, children exposed to high levels of television violence at age 8 were found to be more likely to behave aggressively at that age and subsequently, up to age 30. Ibid., 220.

  136. 136.

    Interview conducted by the author at Grahamstown, 2015.

  137. 137.

    Interviews conducted by the author at Lagos, Kaduna and port Harcourt, 2014.

  138. 138.

    Author’s field survey at Bauchi, Enugu, Ilorin-Kwara, Lagos, Kaduna and Port Harcourt, 2014.

  139. 139.

    See Loeber, R., Farrington, D. P., Stouthamer-Loeber, M., and Van Kammen, W. B., Antisocial Behavior and Mental Health Problems: Explanatory Factors in Childhood and Adolescence.

  140. 140.

    American Psychological Association, ‘Violence and Youth: Psychology’s Response’, Summary Report of the APA Commission on Violence and Youth (Washington, DC, 1993). Available at http://www.aacap.org/publications/ractsiam/behavior:htm. Accessed on 20 February 2010.

  141. 141.

    Ibid.

  142. 142.

    Summary Report of the APA Commission on Violence and Youth.

  143. 143.

    Okonkwo, C. O., Nwankwo, Clement, and Ibhawoh, Bonny, Administration of Juvenile Justice in Nigeria, 25.

  144. 144.

    See McBride, D. C., and McCoy, C. B., ‘The Drugs-Crime Relationship: An Analytical Framework’ (1993), The Prison Journal, 73(3–4), 257–278 cited in Dambazau, A. B, Criminology and Criminal Justice, 348.

  145. 145.

    Author’s field survey at Bauchi, Enugu, Ilorin-Kwara, Lagos, Kaduna and Port Harcourt, 2014.

  146. 146.

    Interview conducted by the author at Kaduna and Ilorin Borstal Institutions, 2014.

  147. 147.

    Interview conducted by the author at Grahamstown and Cape Town, 2015.

  148. 148.

    Combating Violence and Delinquency: Juvenile Offenders & Victims (Washington, DC: Department of Justice, 1997), 188.

  149. 149.

    See Dambazau, A. B., Criminology and Criminal Justice, 350.

  150. 150.

    Ibid.

  151. 151.

    Ibid.

  152. 152.

    This is evident from series of criminal activities going on in several parts of the country like the Boko Haram insurgence, Niger Delta and Oil Pipeline vandalism, political killing, ethnic violence, kidnapping and mostly corruption in every facet of the Nigeria polity.

  153. 153.

    United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines) 1990.

  154. 154.

    The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) 1985.

  155. 155.

    In an address on Child Welfare Standards a Test of Democracy at the National Conference of Social Work in 1919, Julia C. Lathrop, the first Chief of the Children’s Bureau reiterated that children are not safe and happy if their parents are miserable, and parents must be miserable if they cannot protect a home against poverty. Let us not deceive ourselves. The power to maintain a decent family living standard is the primary essential of child welfare. This means a living wage and wholesome working life for the man, a good and skilful mother at home to keep the house and comfort all within it. Society can afford no less and can afford no exceptions. This is a universal need.

  156. 156.

    See Blatz, William E., and Helen, B., Parents and the Preschool Child (New York: William Morrow & Co., 1929), 340.

  157. 157.

    Dambazau, A. B, Criminology and Criminal Justice. Ibid., 352. See also the findings of the author in a field survey analysed in this book under the “causes of child delinquency”; particularly, the “parental neglect”.

  158. 158.

    Ibid.

  159. 159.

    See Blatz, William E., and Helen, B., Parents and the Preschool Child (New York: William Morrow & Co., 1929), 350.

  160. 160.

    Report has shown that “the number of persons living in extreme poverty (i.e. persons living below the 2015 Food Poverty Line of R441 per person per month) in South Africa increased by 2.8 million from 11 million in 2011 to 13.8 million in 2015”. In the report, it shows that “the most vulnerable to poverty are the children (aged 17 or young)”. See the report released by Statistics South Africa (StatsSA). Available at http://www.statssa.gov.za. Accessed on 28 November 2018.

  161. 161.

    Report has shown that about 71% of Nigerians live on less than $1 a day and about 92% live on less than $2 a day. See World Resources Institute’s environmental resource portal Earth Trends. Available at http://earthtrends.wri.org/povlinks/country/nigeria.php. Cited by Chimobi, Ucha, ‘Poverty in Nigeria: Some Dimensions and Contributory Factors’ (2010, June), Global Majority E-Journal, 1(1). Available at http://pdfs.semanticsholar.org. Accessed on 28 November 2018.

  162. 162.

    See Blatz, William E., and Helen, B., Parents and the Preschool Child (New York: William Morrow & Co., 1929), 350.

  163. 163.

    Author’s field survey at Bauchi, Enugu, Ilorin-Kwara, Lagos, Kaduna and Port Harcourt, 2014.

  164. 164.

    Interview conducted by the author at Pretoria, 2014 and Cape Town, 2015.

  165. 165.

    The United Nations Convention on the Rights of the Child provides a framework for improving the living conditions of children most especially Articles 2, 6, 12, 13, 14, 17, 19, 27.1, 26, 28, 32.1, 33, 34, 36 and 37. These provisions range from children survival’s rights, development rights, protective rights and participation rights among others.

  166. 166.

    Dambazau, A. B., Criminology and Criminal Justice, 355.

  167. 167.

    Murphy, H. A., Hutchinson, J. M., and Bailey, J. S., ‘Behavioral School Psychology Goes Outdoors: The Effect of Organized Games on Playground Aggression’ (1983), Journal of Applied Behavioral Analysis, 16, 29–35.

  168. 168.

    Facts About Juvenile Delinquency: Its Prevention and Treatment, Publication No. 215 United States Department of Labor Children’s Bureau 193. Provided by the Maternal and Child Health Library, Georgetown University.

  169. 169.

    See Thom, Douglas A., Everyday Problems of Everyday Child (New York: Appleton & Co., 1932), 368.

  170. 170.

    Kellam, S. G., Rebok, G. W., Ialongo, N., and Mayer, L. S., ‘The Course and Malleability of Aggressive Behaviour from Early First Grade into Middle School: Results of a Developmental Epidemiologically Based Preventive Trial’ (1994), Journal of Child Psychology and Psychiatry and Allied Disciplines, 35, 162–195.

  171. 171.

    See Truitt, Ralph P., Lowrey, Lawson G., Hoffman, Charles W., Connor, William L., Ethel, T., and Fanny, R. K., ‘The Child Guidance Clinic and the Community’, a Group of Papers Written from the Viewpoints of the Clinic, the Juvenile Court, the School, the Child-Welfare Agency, and the Parent (New York: Commonwealth Fund Division of Publications, 1928), 106.

  172. 172.

    Kellam, S. G., Rebok, G. W., Ialongo, N., and Mayer, L. S., ‘The Course and Malleability of Aggressive Behaviour from Early First Grade into Middle School: Results of a Developmental Epidemiologically Based Preventive Trial’, 35, 259–281.

  173. 173.

    Murphy, H. A., Hutchinson, J. M., and Bailey, J. S., ‘Behavioral School Psychology Goes Outdoors: The Effect of Organized Games on Playground Aggression’, 16, 29–35.

  174. 174.

    Kellam, S. G., and Rebok, G. W., ‘Building Developmental and Etiological Theory Through Epidemiologically Based Preventive Intervention Trials’, in J. Mccord and F. G. Tremblay (eds.), Preventing Antisocial Behavior: Interventions from Birth Through Adolescence (New York, NY: Guilford Press, 1992), 162–195.

  175. 175.

    Kellam, S. G., Rebok, G. W., Ialongo, N., and Mayer, L. S., ‘The Course and Malleability of Aggressive Behaviour from Early First Grade into Middle School: Results of a Developmental Epidemiologically Based Preventive Trial’, 35, 259–281.

  176. 176.

    Greenberg, M. T., ‘Improving Peer Relations and Reducing Aggressive Behaviour: The Classroom Level Effects of the PATHS Curriculum’, Paper Presented at the Society for Research in Child Development (Washington, DC, 1997).

  177. 177.

    Ibid.

  178. 178.

    See Culbert, Jane F., The Visiting Teacher at Work (New York: Commonwealth Fund Division of Publications, 1929), 235.

  179. 179.

    Kellam, S. G., Rebok, G. W., Ialongo, N., and Mayer, L. S., ‘The Course and Malleability of Aggressive Behaviour from Early First Grade into Middle School: Results of a Developmental Epidemiologically Based Preventive Trial’, 35, 259–281.

  180. 180.

    See Rockwood, Edith, and Street, Augusta J., Social Protective Work of Public Agencies with Special Emphasis on the Policewoman (Washington: National League of Women Voters, 1932), 22.

  181. 181.

    See Truxal, Andrew G., Outdoor Recreation Legislation and Its Effectiveness (New York: Columbia University Press, 1929), 218.

  182. 182.

    Murphy, H. A., Hutchinson, J. M., and Bailey, J. S., ‘Behavioral School Psychology Goes Outdoors: The Effect of Organized Games on Playground Aggression’.

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Abdulraheem-Mustapha, M.A. (2020). Understanding the Concept of Child Delinquency in the Administration of Child Justice. In: Child Justice Administration in Africa. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-19015-6_2

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