Adolescents And The Criminal Youth System

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Adolescents and the criminal youth system

Introduction

The purpose of the present work is to analyze the factors that incite the adolescent to commit infractions and are in a conflict with the criminal law, so in order to analyze this problem we will rely on basic but fundamental tools.

So to be able to understand the issue mentioned, you have to understand what the crime is and its currents that it possesses and in the same way to understand the different career approaches related to criminology to be able to understand in a broad way.

In addition, we focus not only on the adolescent but also on their antisocial behaviors and their close relationship with its respective code that is similar to that of adults but with certain particularities, in the same way to observe the perspective of the modalities of being able to reintegrate adolescents toSociety and also help the prevention that they return to recur or not comment on any infraction or crime in their life.

Likewise, statistical data is collected that corroborate and announce the problem that the country suffers due to the lack of prevention and emphasis on adolescents in poverty circles where it is the environment in which it greatly influences the criminal actions of adolescents andThe beginning of his criminal career.

Finally to understand what this problem truly means that has a lot of impact on our country and that is a topic of a too much controversy and opinions by several authors from respected and backed points of view.

The crime

Crime is an action or conduct contrary to criminal law and threatened with a public sentence. It consists of four fundamental elements which are: behavior, typicality, unjuridicity, guilt and consequently of the previous elements gives rise to the penalty. In addition, the crime has two currents, which are:

1. Causalism.- It is a theory that explains to the crime based on the laws of nature, they see everything a relationship of cause effect, in other words the action is a causal and/or natural phenomenon that results in a result that may consist ofa crime. It was the current followed by the Criminal Code of 1924.
2. The finalism.- Procedural current to locate the guilt of the subject and the consequent imposition of the penalty. Our current Criminal Code is inclined to this current.

The crime is also contemplated in our Criminal Code in article 11 that the letter says “The actions or omissions are acted by law are crimes and offenses” (Minjus, 2016).

Teenagers in front of the law

The violence made by adolescents has perceived notoriety in the Peruvian public landscape. The increase in the reported figures and the greatest media exposure of these facts, have been the main indicators that have highlighted this situation. On adolescents who violate criminal law, both in the doctrine and in the normative issue has been discussed. The recognition of adolescent’s responsibility has given rise to a youth criminal system that, although it resembles that of adults, has certain characteristics that makes it singular. The process of determining your responsibility must have all the support of constitutional guarantees that are also granted to an adult, even much more emphasis on those special for their status as adolescents, the aforementioned is previously backed by the following idea, “thePeruvian State has signed international treated and is part of the United Nations that protects, respects and watches over the interests of infringing children and adolescents, being framed within our constitutional precept ”(Carrasco, 2017).

To study the different theories that have been presented around youth crime based on criminology, it is important. Youth is the stage which allows us. In several people in very difficult to know how. The time to be part of society varies according to the responsibility and environment of the people, which is asserted by the following idea, “therefore, emotional intelligence and the development of social skills in adolescents of contexts and areasrural will not be the same as that of adolescents from cities or countries with greater development since the environment, culture, traditions, opportunities, idealization, among others are of different concepts ”. (Fernández, 2019)

Regarding the sociological approach, violence is a form of response to behavior or frustration with society. The phenomenon of violence and its relationship with youth is a matter of much controversy, according to several studies they affirm that in Latin America it is the region with the greatest violence in the world in which adolescents are also included. On the other hand also in the stage of adolescence with the various changes, young people tend to be emotionally unstable since only at this stage their personality is consolidated much and they are not yet trained or have sufficient maturity to make decisions, for various circumstances not all young people are suitable to see the world as it is and accept it by inserting in it, completely and generously, so you can confirm the following idea:

Sociological theories aimed at studying behavior are extremely influential in the autonomous development of criminological science, which began with the biological disciplines of the nineteenth century, through psychological and other interdisciplinary, to those others, which consider them as partof political-economic sociology. It is also explained by the manifest profusion of series of theories that try to explain, the relationship between the deviated behaviors of the infringing adolescents and the minimum control that each of its members could have. (Mercedes, 2019)

Youth Criminal System

Youth criminal justice recognizes the rights and guarantees of due process to adolescents who are accused of having participated in the commission of an infraction to the criminal law. What truly highlights the youth criminal system is that criminal sanction must fundamentally have an educational and social insertion purpose, promoting the adolescent to comply with the damage caused, carry out community activities or train professionally.

From a perspective of reintegrating society to young people in conflict with the law, two modalities of attention are applied:

1. Closed half.- Aimed at adolescents who meet the socio -educational measure of internment and/or preventive detention mandate. It takes place in the youth centers for diagnosis and rehabilitation by the Judiciary. Integral attention is to be provided through gradual, sequential and integrated programs that progressively act in the adolescent, until they achieve their reintegration into society.
2. Open half.- Aimed at adolescents of both sexes who fulfill socio -educational measures not deprived of liberty. It is developed in youth centers called adolescent orientation service (SOA). It offers the adolescent comprehensive care through differentiated intervention programs that respond to their personal, family and cultural characteristics through educational spaces that promote skills learning, the exercise of their creativity and autonomy in permanent interrelation with their social environment.

Likewise, young people at risk factors in our country are more predisposed to commit criminal acts, you can also establish risk factors in which the young or young people tend to commit crimes, which are the following:

1. Environmental and contextual risk factors.- It is probably the most important context with the greatest impact on the individual and social development of adolescents. This factor includes educational institutions (private or public) that can be the origin of the antisocial behavior of the students they educate, which can be given accordingly to vandalism and gang.
2. Family risk factors.- Parents who have committed crimes are a serious risk factor since they are the model for their children and in many cases the children reflect their parents’ behavior.
3. Individual risk factors.- It is primarily characterized by low self – esteem, vulnerability, insecurity, the way in how to face a problem, curiosity.

In the cones or circles of poverty of our city you can see a considerable crime rate in the following districts: San Juan de Miraflores is the district with the highest victimization rate with 40%, followed by Puente Piedra (35.5%), San Juan de Lurigancho (33.2%), Carabayllo (32.9%) and Villa El Salvador (32.5%). In this regard, the INEI submEfe, Aníbal Sánchez, revealed that 70% of criminal acts are related to theft of money, wallets and cell phones, while the remaining 30% constitutes major crimes such as murders, violations, theft of vehicles,kidnapping or extortion. (INEI, 2018)

Similarly, in cases of crimes against assets on 26.7% are registered for adolescents, which is an alarming figure in which a prevention project would have to be raised both in educational institutions, in the circles of poverty and in the youth centers to be able to reduce the percentage progressively backed by the Stateand with the contribution of society. The aforementioned is supported by the following graph in which the percentage of young people for different crimes can be seen.

Conclusions

1. It is evident that the protection of adolescents is that they are judged and receive socio -educational measures in specialized institutions in minors. I share the protective vision of national legislation, I also consider that more than legislate on sanctions, what should be done is to prevent the antisocial behaviors of young people, to fight to improve the economic and social conditions that strengthen the family.
2. Children must be protected whatever their age, and if it is necessary for laws to be modified in order to make them stricter and less benevolent.

Personal opinion

Regarding this issue so discussed about the criminal conflict that young people have with the criminal law, it is not very supported since every day it can be observed through newspapers or informative television programs that increase the criminal actions of adolescents and much more inThe place where I live (San Juan de Lurigancho) which is the third district of Lima with a victimization of 33.2%, teenagers can be observed from the age of 13, committing the participation or outrage in the robberies of cell phones, wallets, backpacks and possession of narcotics for their consumption or for sale and in my experience having studied in a schoolPrivate and public I could realize that in the private school there were two to three talks a year on the prevention issued by a police officer on two of the most common crimes in adolescents such as: crimes against heritage and about drug possession, but on the other hand in the National College or the State there was no talk, so there is a low point of the state towards us since if there is no money among families, young people do not receive quality education,That is why there is a greater increase in crime. But, I am not excusing the young people who attend the criminal acts because there is also much that they do not receive that talk but choose another path than the easy life as they are told. But what if you have to focus on the State is in young people to have a country with better professionals and with greater security.

Bibliography

• Carrasco, l. AND. (2017). Implications of sanctions for violation of criminal law […]. Lima: Cesar Vallejo University.
• Fernández, a. N. (2019). Intelligence […] Social skills […]. Huancayo: Los Andes University.
• INEI. (November 22, 2018). Andina . Obtained from Andina: https: // Andina.PE/Agency/News-KNOW-LOS-DISTRITOS-LIMA-MAYORES-HCHOS-DELICTIVES-733573.ASPX
• Interior, m. d. (2018). SECURITY DIAGNOSIS 2011-2018. Lima: Ministry of Interior.
• Mercedes, i. F. (2019). Legal-social situation of the offending adolescent […]. Lima: Federico Villareal National University .
• Minjus. (2016). Penal Code. Lima: Legal Deposit in the National Library of Peru.
• Peru, p. J. (2018). Statistical report. Lima: Youth Center Management.