Juvenile delinquency is a central concept in criminal law and criminology, referring to unlawful or antisocial behavior committed by individuals who have not yet reached the age of legal adulthood (ALA). This paper examines who qualifies as a juvenile delinquent and how juvenile delinquency (JD) is conceptualized and regulated across jurisdictions, with particular attention to age thresholds, legal definitions, and the objectives of juvenile justice systems. It further explores how juvenile justice frameworks respond to young offenders with special needs, including those with intellectual, developmental, cognitive, or psychosocial disabilities, who are disproportionately represented within justice systems worldwide. While such juveniles are generally subject to the same legal regimes governing juvenile delinquency, comparative legal analysis demonstrates that many jurisdictions recognize the necessity of tailored protections, assessments, and rehabilitative interventions. Building on this recognition, the author of this paper introduces the concept of Disability-Mediated Offending (DMO) to distinguish disability-influenced rule violations from typical juvenile delinquency. DMO is proposed as a neutral, mechanism-focused framework that emphasizes how neurodevelopmental impairments interact with environmental and systemic factors to mediate offending behavior. By integrating developmental science, disability rights principles, and contemporary juvenile justice theory, this paper argues for a more nuanced, equitable, and rehabilitative approach to youth offending that better reflects differences in culpability, intent, and capacity.
Kok Hwee Chia (Wed,) studied this question.
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