Elders in the justice system: how the system treats elders in trials, during imprisonment, and on death row

Abstract

As the average lifespan increases, it becomes increasingly likely that elders will be involved in the justice system. Elders may be witnesses, victims, plaintiffs, or defendants in a trial. They are also prisoners and, in some cases, death row inmates. Because there are special needs and costs associated with elders, it is important to consider how they are treated in each of these areas of the justice system. For instance, jurors may have age biases; some prisons are unable to address elders' health problems; and critics have questioned the constitutionality of executing frail elders. In order to determine whether the court system is treating elders fairly, this analysis reviews current policies, research, and anecdotal evidence from recent high-profile cases. Recommendations for future research and policy changes are offered to ensure that elders are treated fairly in the justice system.