Running Head: JUVENILE DELINQUENCY

Paper Two: Juvenile Delinquency in the United States, China and India
Kelsey Chapman
SW Social Welfare
Wayne State University

Running Head: JUVENILE DELINQUENCY

Juvenile delinquency is an international problem that every country has to deal with.
When researching juvenile delinquency, it is important to look at the ways in which different
countries handle the issue. Many countries work toward rehabilitation of juveniles in a positive
manner in order to discourage the occurrence of repeat offenders. This is true for both China and
India. This paper will consider and compare historical perspectives, as well as the current
approach to juvenile delinquency in the United States, China, and India.
In the United States, the current generation has changed in numerous ways compared to
the lives of children years ago. American society is full of young children who have low selfesteem, few goals, poor morals, and too much pride. These juveniles are willing to steal and take
things for pleasure and negative attention from others. Without the proper teachings, children are
at risk of making poor decisions, which could ultimately change their lives and limit their
abilities to become successful adults. What can we do to prevent this from occurring or how can
we implement an alternative policy to help these young children out before it is too late. An
alternative policy that can be put in place is giving out scholarships to young children for
performing well in school and participating in after school activities or volunteering their time in
the community. This change would need to be implemented in inner city schools and should
start off by it being a state law to provide scholarships to young children for college. Most
Juvenile delinquents start acting out due to their home-life and not having anything going for
them. Allowing scholarships to be given to these young children that might be going down the
wrong path, but choose to get involve in the community and work hard in school should have the
opportunity like everyone else to attend college. Young children also need a mentor or someone
that is looking out for them and wants to see them succeed in life. Many of these young children

Running Head: JUVENILE DELINQUENCY

do not have that, implementing more social workers in schools and funding more programs for
children would be beneficial.
The environment and culture of the United States has major impacts on the social,
mental, and physical developments of children. Being that an environment is a setting in which a
child lives in, they learn to adapt to new things and create norms which set precedents for the
younger generation as well. This adaptation creates a generational trickle-down effect. It can
change appearance, status, and living in society for juveniles. Many children grow up in broken
homes and are the product of divorce, which in many cases can cause behavioral problems. The
issue of juveniles growing in society has been ignored for so long that this problem has become
normalized among the American population.
Historically, the term juvenile delinquent was coined in the 1950s. It is said to be a child
who disturbs its social environment; particularly in the form of deviant sub culture in which the
individual learns to be delinquent as others learn to conform to the law. The acts of children are
based on what they have learned from their family values, norms, and beliefs; the result is how
the child acts in society. Beginning in the 1960s, the United States Supreme Court heard a
number of cases that would profoundly change proceedings in the juvenile courts. The first of
these cases was Kent v. United States, 383 U.S. 541 (1966). This was a case of a young 14 year
old offender who had troubles with theft. During this time period, children were able to get away
with minor misdemeanors with a pat on the wrist and fine. However, in current society, juveniles
have trials and fines are much greater for crimes attempted. Juvenile courts are for children who
are under the age of 18. This court system has come a long way since its creation. It gives
delinquents a second chance and also gives them the chance to learn from their wrongs before
facing jail time. Juveniles have non-custodial alternatives for jail such as reform schools, boys

Running Head: JUVENILE DELINQUENCY

and girls clubs, and different types of probation. There are also services for juveniles to attend
including anger management, anti-theft classes and community service. Many of these services
have expanded but remain unchanged. In cases of children who are aggressive in their behavior,
the referral to see specialists such as social workers, psychologist, and psychiatrist is commonly
used. These services help alleviate problems within society because they are used as a coping
mechanism as well as a learning experience for the juvenile. The services are generally given to
the juveniles to encourage rehabilitation and education. By using these accommodations it
lessens the chances of reoccurrence for juveniles. These services are helpful, but some families
do not have the knowledge to know they exist. If the child has a purpose and someone there to
support them in continuing down the right path, I think this would help tremendously. As I
stated before, issuing a policy to be put in schools to give out scholarships to young children that
have turn their life around and are performing well in school. It gives them an opportunity to
attend college and for many being the first one to have a way to be able to.
Juvenile delinquency in the United States is related to social work through resilience
(Fraser 1999). As social workers, we work on our compassion for others. Our duty as social
workers is to secure peoples safety and to make their lives worth living. As social workers it is
our service to help these children; to put them on the right path through guidance. It is our goal to
encourage social justice for juveniles, to not only help them in society, but to help better the
outcome of juvenile cases. Rehabilitation of juveniles is also a goal of social workers across the
world; even in non-Western countries. Implementing more programs and resources for juvenile
delinquents is a job for social workers as well. Social workers should speak out to have new
policies made for these children. Giving juvenile delinquents the same opportunity as other
young children to succeed and have goals they can reach in life sets the standards for our

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country. Everyone deserves the same chance and we are not all capable to live in an
environment where that can happen, but it doesnt mean that us as social workers can help make
it occur for everyone. "Social workers treat each person in a caring and respectful fashion,
mindful of individual differences and cultural and ethnic diversity. Social workers promote
clients' socially responsible self-determination. Social workers seek to enhance clients' capacity
and opportunity to change and to address their own needs. Social workers are cognizant of their
dual responsibility to clients and to the broader society. They seek to resolve conflicts between
clients' interests and the broader society's interests in a socially responsible manner consistent
with the values, ethical principles, and ethical standards of the profession (Code of Ethics,
2008).
Prior to the 1950s, crime was not considered to be an overwhelming issue in China.
According to Bakken (1993), juvenile delinquency accounted for only twenty percent of crime in
China in 1952. However, by 1980, the Chinese government was face with a crime wave that
consisted majorly of juvenile crimes. Bakken (1993) claims that by 1988, nearly seventy-six
percent of crimes committed in China were juvenile delinquent crimes. This is an increase of
over fifty percent. In response to this crime wave, the Peoples Republic of China created the
Juvenile Delinquency Prevention Law, also known as the Prevention Law. This law was passed
in order to create a framework for the issue of juvenile delinquency in the country. According to
the Library of Congress (2013), the Prevention Law was created to prevent juveniles from
committing crimes. Moreover, it implemented forms of rehabilitation for juvenile delinquents.
The Prevention Law also made it illegal for children under the age of sixteen to live without the
supervision of a parent or guardian. Another major provision of the Prevention Law was the
definitions of misbehaviors, including the punishments for offenses that seriously harm the

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society but are not enough for criminal punishment (2013). In these cases, the guardians of a
juvenile that has committed such a crime have the option to send the juvenile to a correctional
work-study school. The curriculum provided in these schools was meant to be consistent with
traditional schools, but included additional education on the nations legal structures. The first
work-study school was created in Beijing in 1955, well before the crime wave that took place in
the Eighties. The existence of work-study schools peaked at 180 throughout the country.
Unfortunately, in 2004, only eighty-three work-study schools remained. The decrease in
rehabilitation homes proves that the previous juvenile justice system was not effective in
maintaining itself. As a result, a new justice system was being made.
China developed a new juvenile justice system that went into effect January 1, 2013,
which made education a primary goal and punishment a secondary goal. In 2011, the Chinese
government took measures to amend its Criminal Law by recommending that a suspension be
considered for youth who have committed minor offenses. A man named Dui Hua played a
significant role in developing reforms for juvenile delinquency. The government decided to set
non-custodial punishments into place to help juveniles stop re-offending, which would guide a
more healthy development, and facilitate a more positive interaction within the community.
According to Hua, The United Nations Standard Minimum Rules for Administration of Juvenile
Justice (the Beijing Rules) call for the least possible use of custodial punishment, noting that is
no more effective than non-custodial punishment but harmful (2012). In order to increase their
non-custodial punishments for juveniles, the Chinese government needs to grow in the area of
their social services provided, as well as additional hiring of qualified professionals to implement
these punishments. The number of juveniles that committed delinquent crimes appeared to fall
around 4.5 percent in a five year period, from 2008 to 2012. Furthermore, the amount of

Running Head: JUVENILE DELINQUENCY

juveniles who received non-custodial punishments increased from 35 percent in 2008 to 42

percent in 2012 (Hua, 2013). When juveniles are in custody, the law in China requires that they
are handled away from adults; however, it is common for juveniles to be contained with adults in
detention centers. Additionally, female juveniles may serve their custodial sentences in adult
womens prisons. In China's juvenile justice system, the focus is on positive reforms and
developing partnerships in order to establish successful implementation or punishments.
Hua has contributed to the change of the juvenile justice system to create a more effective
way of punishing juveniles, as well as decreasing juvenile crime. Hua also created several
reformative actions within the juvenile justice system. Some of these actions include programs
used to seal juvenile criminal records. This is extremely important for the future of juvenile
delinquents, making it nearly impossible for their delinquent pasts to follow them as they enter
adulthood. Other programs work to postpone the prosecution of juveniles. This effectively
replaced potential jail time with non-custodial rehabilitation.
In recent years, juvenile delinquency in India has continuously dropped. According to the
Indian government (2012), the total juvenile crimes in 2001 totaled 8,332. This total declined to
2,837 juvenile crimes in 2011, proving that juvenile delinquency is becoming a smaller issue.
Recent reports conclude that perpetrators of delinquent acts are primarily underage males, while
victims are majorly women of all ages. Although the issue of juvenile delinquency in India is
decreasing, it has not disappeared completely. Through the hard work of the Indian Parliament,
many acts have been passed in order to create laws against crimes, as well as laws to protect
juveniles being charged of crimes.
Throughout Indias history, there have been many laws and acts developed in response to
juvenile crimes. According to Prakasha and Basappa (2011) the first indication of any legal

Running Head: JUVENILE DELINQUENCY

processes dates back to 1860 with the development of the Indian Penal Code. This is the basic
frame work of all criminal codes in India. It was created to serve as a guide to all aspects of
criminal activity. Since 1860, the code has been amended numerous times. There are also many
other supplemental criminal provisions used to fight crime in India. An important amendment to
the code took place in 1986 with the development of the Juvenile Justice Act. The Indian
Parliament decided that the justice system in place at that time was not suitable for juvenile
crimes. According to Indian Parliament, the act was created to provide for the care, protection,
treatment, development and rehabilitation of neglected or delinquent juveniles and for the
adjudication of certain matters relating to, and disposition of, delinquent juveniles (1986). This
means that the certain measures were taken to protect neglected or delinquent juveniles,
including Juvenile Welfare Boards and a Juvenile Court System. The act also provided a uniform
framework of legal proceedings within the Juvenile Court System, including the need to have a
Judicial Magistrate in attendance as well as two honorary social workers to assist in processing
cases.
In 2000, the Juvenile Justice Act was amended with a more current interpretation. This
interpretation included many more thorough provisions used to protect juveniles. The amended
act included the development of observation homes, which are homes created by State
Governments as well as voluntary organizations that have been certified. These homes provide
observation for juveniles in conflict with the law. Other provisions of the Juvenile Justice Act of
2000 include Child Welfare Committees, processes of rehabilitation and social reintegration,
adoption programs for juveniles that qualify, and many other programs to assist and protect
juveniles in need. Although there are still problems within the juvenile justice system in India,
the country has made many steps in the right direction to improve the issue of juvenile

Running Head: JUVENILE DELINQUENCY

delinquency. Majority of policies for juvenile delinquents are rehabilitation and programs to
help them not follow down that path again. After that, what is there for them to not want to just
cycle back to their old behaviors and start doing delinquent activities? Most of them grow up in
homes where they cannot afford to attend college and then the reason for them to behavior
poorly is because they have nothing going for them. Alternative policy discussed previously, to
give scholarships out to the youth that have turned their life around and did well in school and
got involved in extra curricular activities. This would allow them to have the opportunity to
attend college and obtain a degree. This is not only a goal for these young children but a dream
that many dont have the opportunity to reach. The individuals that would be for this policy
would be their community and the people that want to see these children succeed and not be a
statistic. Implementing a policy like this one would be costly for the state depending on which
school districts this policy would include. I would start if off with public inner city school
districts and seek money from existing programs already set in place or paid from new taxes.
The governmental department this would solely fall into is the U.S. department of Education,
which would relate to the other parts of the department dealing with student aid and the budget
for education. Allowing government officials to see if there is money to be given for
scholarships to attend college for these young children.
When comparing the treatment of juvenile delinquency in the United States, China, and
India, it is apparent that rehabilitation of minors is the preferred method. The United States
government has developed reform schools, behavioral correction courses, and the use of
probation as ways to keep juveniles out of jail. The Chinese government is taking steps to
provide similar services for delinquents; however, they are still in the beginning processes of
juvenile justice reform. Fortunately, the Chinese government has recognized the need for certain

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10

social welfare programs for juveniles. It is only a matter of time before these programs are
developed. The Indian Parliament has also taken measures to ensure the rehabilitation of
juveniles. The establishment of observation homes, adoption programs, and various welfare
boards made extreme changes to the way juvenile delinquency was handled. These similarities
that are apparent in all three countries prove that the rehabilitation of juvenile delinquents is
favored over custodial punishment. Many of the differences lie in the levels of development of
welfare programs for juvenile delinquents. The United States is leading the pack with the most
productively established rehabilitation for juveniles, while China is the least developed country
in terms of juvenile delinquency. India falls in the middle, having established a juvenile justice
system that still requires the development of additional welfare programs.
This new policy alternative put in place for young children that were juvenile delinquents
but changed due to rehabilitation and having the opportunity to attend college due to scholarships
given to them from their school district will make a difference. My role to make this policy
occur would for me to be an organizer and find resources to provide these scholarships. Juvenile
delinquency is a part of life that every country has to prepare to deal with. As social workers, we
can assist in both policy making and rehabilitation of juveniles. These children will eventually
become adults; the ways they are treated as juveniles with contribute to our future. It is important
that juveniles are treated with care to insure a bright and positive future.

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11

References
Bakken, B. (1993). Crime, juvenile delinquency and deterrence policy in China. The Australian
Journal of Chinese Affairs No. 30 page 29-58.
Fraser, M. W., Galinsky, M. J., & Richman, J. M. (1999). Risk, protection, and resilience:
Toward a conceptual framework for social work practice. Social Work Research, 23(3),
131-143.
Government of India. (1986). The Juvenile Justice Act, 1986. Retrieved from:
http://www.icf.indianrailways.gov.in/uploads/files/THE%20JUVENILE%20JUSTICE
%20ACT.pdf
Government of India. (2000). Juvenile Justice (Care and Protection of Children) Act, 2000.
Retrieved from:
http://www.law.yale.edu/rcw/rcw/jurisdictions/assc/india/india_juv_just.pdf
Government of India (2012). All India and State-wise Juvenile Delinquency Under Special and
Local Laws Data Set. Retrieved from: http://data.gov.in/dataset/all-india-and-state-wisejuvenile-delinquency-under-special-and-local-laws
Hua, D. (2013). Juvenile Justice. Advancing rights through dialogue. Retrieved from:
http://duihua.org/wp/?page_id=131
Library of Congress (2013). Childrens Rights: China. Retrieved from:
http://www.loc.gov/law/help/child-rights/china.php
Metzgar, E. (2007). Neither seen nor heard: media in America's juvenile courts. Communication
Law and Policy, 12(2), 177-200.

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12

Prakasha, K.K. & Basappa, D. (2011). A historical study of educational status and rehabilitation
facilities of children under care and protection in correctional institutions. International
Journal of Education and Allied Sciences 3(2) page 37-42.
The history of juvenile justice (2012). Retrieved from:
http://www.americanbar.org/content/dam/aba/migrated/publiced/features/DYJpart1.authc
heckdam.pdf
National Association of Social Workers. (2008). Code of ethics of the national
association of social workers. Retrieved from
https://www.socialworkers.org/pubs/code/code.asp