Dětská delikvence (aktuální právní a psychologické otázky)

Mgr. Soňa Čechová

Master's thesis

Children's Delinquency (Topical Legal and Psychologic Aspects)

Abstract:

Résumé Childrens delinquency is the most serious socially pathological phenomenon, with a number of qualities different from the criminality committed by adults. The characteristic features of childrens criminality are determined by their age, i.e. mental and somatic development, features of character and experience. Delinquency among children-offenders is conditioned by a number of factors. These and many other topics are dealt with in the thesis entitled: Childrens Delinquency (Topical Legal and Psychological Aspects). In accordance with the diploma thesis concept, the paper has been divided into a theoretical and a practical part. The objective of the first chapter of the theoretical part is to provide definitions of delinquency and criminality, followed by the definitions of a child, juvenile, youth and young adult, important for further understanding of the text. In addition, this chapter draws the attention to the fact that these definitions may have different meanings and may not always be used in a consistent manner. Even the Czech Police Presidium was inconsistent in the use of this terminology in its statistical reports. The first chapter is concluded with an account of the typical features of childrens delinquency. Similar attributes in the criminality of children and juveniles have been traced on the basis of data regarding the criminality of these age groups, and a series of criminological surveys. A typical trait of juveniles' delinquency is a high degree of latent criminality. This fact significantly degrades the predicative value of statistical reports. Another chapter provides the major characteristics of the selected stages in childrens development with respect to the potential risks. Within this thematic unit, I focused on the stage of school childhood, puberty and adolescence. At this age, children may already commit crime. It is evident from the text that individuals behaviours at each stage show inadequate reactions. However, these reactions are typical for the stages concerned and in most cases they are not a signal of delinquency. Individuals who find themselves in one of these three stages are usually under the educational influence of a family. If they develop a tendency towards criminality, this negative fact can be in most cases attributed to the family. The final chapter of the theoretical part deals with the influence of unstable (defective, malfunctioning) family and other factors leading to the occurrence of delinquent behaviour. The first section of the last chapter focuses on biological effects on the occurrence of delinquent behaviour. As regards biological impacts, I focused on the inheritance factor, minimal brain dysfunction and the influence of the XXY syndrome. I devoted an independent passage with the biological factors to personality tendencies to delinquent behaviour because the inheritance factor is applied in their origin; however, some authors include them among psychological factors. Under the summary title of social environment influences to which most of this chapter is focused, we consider the influence of unstable family environment, the school environment as a predisposition factor and finally the peer environment and the influence of being part of a group of peers on delinquent behaviour. When evaluating the cause factors leading to delinquent behaviour, I came to the conclusion that criminal action is not conditioned solely by biological, psychological or mere social environment. These environments are combined in their influence, even though some may be associated with higher risks than others. It is evident from criminology researches that unstable family background has the strongest influence on the criminal career of young people. In the practical part of my diploma thesis, I analysed statistical data regarding criminality committed by children and juveniles in the Czech Republic, or specifically in the district of Olomouc. I interpreted data regarding the recorded cr

Abstract:

iminality of children and juveniles for the last decade, i.e. 1996 2005, dividing the development trends regarding youths delinquency on the assessment of the quantitative changes in the development of youths delinquency and the specification of quality changes. I documented the changes reported in the development of delinquency among these age groups in charts and diagrams. The comparison of the development trends in youths criminality in the Czech Republic with the trends posted in the district of Olomouc confirmed that the criminality of children and juveniles has a downward tendency. However, with respect to the high degree of latent criminality, it is necessary to present the criminality statistical data with some caution. As regards quality changes, I came to the conclusion that even though property criminality is far the most frequent, the number of criminal acts has been decreasing both in the Czech Republic and the district of Olomouc. The only troublesome fact is the growing severity of the criminal acts committed by youth under 18 years of age. In the final chapter of my diploma thesis I contemplated over the current aspects of effectiveness regarding laws and regulations dealing with childrens delinquency. The chapter is opened by a passage evaluating the development in youths delinquency after the Youth Justice Act was passed, coming to a conclusion that the Act helped decrease all the monitored indicators of youths criminality. Another issue discussed in this chapter is the currently hot issue of decreasing the legal responsibility limit. I agree with those who claim that by merely reducing the legal responsibility limit to 14 years without taking accompanying steps will not solve the problem of growing severity in youths criminality. The last passage presents another controversial issue, i.e. whether to disclose or keep secret information enabling the identification of children and juveniles. It is more than difficult to come to a final conclusion in this matter, i.e. whether the ban on disclosing information enabling the identification of children and juveniles is counter-productive.

Keywords

dítě, mladistvý, mládež, delikvence kriminalita, charakteristické rysy dtské delikvence, vývojová stadia jedince, predisponující faktory delikvence, vývojové trendy v oblasti delikvence mládeže

Language used: Czech

Date on which the thesis was submitted / produced: 25. 5. 2006

Thesis defence

• Date of defence: 7. 6. 2006
• Supervisor: JUDr. Karin Brzobohatá, Ph.D.

Masaryk University

Faculty of Law

Master programme / field:
Law and Legal Science / Law