Elderly Offenders Research Articles

A Promising Piece of the Puzzle: Human Dignity and the Role of Section 1 of the Charter

In this brief piece, I want to take up Major’s invitation to think about the “puzzle” and the “promise” of human dignity, but from a different perspective. In particular, I want to consider whether any negative implications of adopting a conception of human dignity that encompasses the elderly offender who is sentenced to die in prison can be rationalized within the broader constitutional framework. My suggestion is that the tension relating to the “young” and “elderly” offenders may be better addressed by focusing on the role of section 1 of the Charter. While that provision received negligible mention in Bissonnette, it may be used to justify sentencing elderly offenders to effectively die in prison for heinous crimes like murder because any other approach would fail to adequately deter others, who are similarly situated, from committing such crimes. As I explain, this framework falls back on early recognition by the Supreme Court that utilitarian arguments for increasing punishment are properly considered as justifications, under section 1, for imposing what are otherwise “cruel and unusual treatments or punishments.”

Sociodemographic, psychiatric and criminal characteristics of elderly offenders under evaluation for criminal responsibility in Turkey

ObjectiveThe aim of this study was to examine a sample (n = 150) of elderly offenders to analyse the psychiatric, medical, demographic, criminal and if available neuropsychological test characteristics and criminal responsibility. MethodData were gathered through a retrospective chart review of applicants aged 65 and over who were referred for determination of criminal responsibility from 2014 to 2019 at the Observation Department of Council of Forensic Medicine (Adli Tip Kurumu Baskanligi, Gözlem İhtisas Dairesi) who were evaluated under inpatient status by law. ResultsThere were 150 forensic cases aged 65 and over. The majority of the crimes were homicide (25.3%), homicide attempt (10%), and sexual offence (26%). The majority of sexual offence victims were children (34 of 39 cases). The percentages of decisions on criminal liability were as follows: 76% (n = 114) had full criminal liability, 21.3% of them (n = 32) had no criminal liability, 2.7% of them (n = 4) had reduced criminal liability. For the reduced/no criminal liability group, diagnoses were as follows: 37.1% dementia syndromes, 31.4% schizophrenia, 11.5% delusional disorder and 2.8% bipolar disorder manic episode. ConclusionWhen the findings in our study and current literature data are examined, it is seen that certain crime groups such as murder and attempted murder, and sexual crimes against children are high in elderly forensic psychiatric evaluations.

Implementation of Restorative Justice on Elderly Actors in Criminal Law Enforcement Based on Justice Value in Indonesia

This study aims to analyze regulations related to the formulation of regulations on the application of criminal sanctions against elderly perpetrators, which at this time it is still possible to be sentenced to imprisonment which causes injustice to elderly people. So, it needs fair law enforcement. This study uses the constructivism paradigm, the type of research in the form of doctrinal law, and a juridical -normative approach. The data used in this study are secondary data obtained by conducting literature studies on various regulations and books, research results and various journals. The data obtained was then analyzed using a qualitative descriptive method. The results of this study are that criminal sanctions against elderly perpetrators (elderly) are still considered not fulfilling the principle of justice because the elderly factor as a judge's consideration in sentencing must look at Indonesia's positive legal arrangements, namely the Criminal Code. For now, the Criminal Code does not specifically regulate the factor of old age as a judge's consideration in sentencing. Thus, for criminal cases involving the defendant who is an elderly person, in applying positive law, the judge must look at the values and sense of justice that grow in society. The values here are related to social values that exist in society, namely, what is desired that influences social behavior and has a functional power in the development of life that has been going on for a long time in the habits of behavior in everyday life, while the sense of justice that grows in society reflects the form of the balance of social values in society in law. Weaknesses related to regulatory arrangements for the application of criminal sanctions against elderly offenders (elderly) at this time since the Criminal Code still adheres to a retributive system and the Restorative System has not yet been regulated. Justice in the Criminal Code Against Elderly Actors. Weaknesses in terms of legal structure due to factors Law Enforcement Officials tend to have a positivistic view of law and the rights of the elderly in the criminal system are still neglected. Weaknesses in terms of legal culture are due to the Psychological Consideration Factors of the Elderly and the Legal Awareness factor of the Elderly Community which is still lacking.

EXPLORING THE PERCEPTIONS OF CORRECTIONAL SERVICE PROVIDERS AND ELDERLY PAROLEES OF POST-INCARCERATION SOCIAL WORK PROGRAMMES IN ETHEKWINI METROPOLITAN

This qualitative study explored the perceptions of correctional service providers and elderly parolees regarding post-incarceration social work programmes. Primary data were drawn from semi-structured interviews conducted with 15 (n=15) elderly parolees, three (n=3) social workers and two (n=2) correctional officials from South Africa’s Department of Correctional Services. The findings of this study indicated that correctional social work programmes often did not prioritise the unique needs of elderly parolees; the study findings also revealed the urgent need for developing social work programmes that cater exclusively to the needs of elderly parolees. Moreover, the study found the need for developing ongoing training programmes to strengthen reintegration services offered to the elderly cohort, and finally, the study also revealed that the increase in the number of elderly offenders being released on parole impacted negatively on the responsiveness of social work post-incarceration programmes. This article concludes by offering recommendations to the Department of Correctional Services and social workers working in community correctional centres. Keywords: community correctional centres, correctional service providers, elderly parolees, post-incarceration, reintegration services, social work programmes

A Profile Study of Elderly Offenders in the Community Criminal Courts of Singapore: Theorizing Geriatric Criminality.

This research, using data from the Community Criminal Courts where a majority of elderly offenders are tried and sentenced, investigates the socio-economic profile of elderly offenders and the factors influencing their criminal motivation in Singapore. It revisits conceptualizations of offending in older age which until now has received scant attention even in Asian societies where ties to conventional institutions are thought to be "protective." The majority of elderly offenders in this study were "revolving door prisoners" and were never in possession of any efficacious social capital that would have prevented them from committing a crime or enabled their re-entry process, a problem compounded by the study's findings that almost 70% of the sampled offenders had experienced mental health issues. This would have spelled adverse consequences for their desistance and, conversely, their recidivist behavior, a finding that was consistent with many other studies that had examined the association between psychosis and crime.

SENTENCING THE ELDERLY – AN ACT OF MERCY OR DISCRIMINATION? S v Phillips (unreported, DCLD), case no CC141/08

In 2008, the authors’ note on advanced age as a mitigating factor in the South African criminal courts set out the Roman-Dutch history and the South African case law with regard to this issue. Brief reference was made to the position of the elderly offender in the Zimbabwean, English and Australian jurisdictions. The aim of this note is not to repeat what was said before, but to provide a wider perspective on the pertinent issues relating to sentencing the elderly (a contested term, but for present purposes referring to offenders over the age of 60), especially the concept of mercy. It should be reiterated that old age does not exclude criminal liability, but it can serve as one of many mitigating factors during sentencing although it is not a bar to imprisonment. The case of S v Phillips is no exception. The structure of this note is the following: it commences with a discussion of the Phillips judgment and to place it within a general problematic sentencing framework vis-a-vis the elderly. The concept of mercy is then examined in light of recent Commonwealth jurisprudence; whereafter parallels are drawn between the sentencing of a battered wife and the sentencing of a battered geriatric. The note concludes with a brief mention of the post-sentencing options available to an offender in the form of mercy and as well as parole.

Elderly offenders at Wathwood Hospital: perspectives and practicalities

AimsThe following project explores where Wathwood Hospital stands in provision of services to its elderly patients.BackgroundThe only dedicated forensic medium secure unit for elderly offenders in England is the St. Andrews medium secure unit in Northampton with only 17 beds. Due to the limited beds, other units must accommodate elderly patients, which raises the question whether these units can provide the appropriate services for this very vulnerable population.MethodInclusion Criteria:Male>55 years of ageAdmitted from 2012 onwards (from when database was maintained)Data were gathered using patient electronic records including index offence, mental disorder, physical health comorbidities and discharge destinations. Patient identifiable data were anonymized to protect their identities.A staff survey was also conducted to find their perspective on managing elderly patients and whether Wathwood Hospital had the appropriate resources for elderly offenders in their area of work.ResultA total of 220 referrals were searched with only 9 patients >55 years. Index offenses, mental disorder diagnoses, physical comorbidities including cognitive assessments in the form of memory tests and brain imaging were also collated for identified patients from electronic patient records.Index offences included violence against person, arson, homicide, robbery, threatening behaviour and dangerous driving and affray. Diagnoses included learning disability, delusional disorder, paranoid schizophrenia, bipolar affective disorder, alcohol dependence, personality disorder and depressive disorder.Patients had multiple comorbidities such as diabetes, COPD, hypertension, coronary artery disease and musculoskeletal problems. Out of the nine admitted patients, only six had an ACE with an average score of 70.83. Five patients had brain imaging, with two normal results and the others showing some degree of atrophy and ischemic changes.Discharge destinations included medium secure units, low secure unit and prison. One patient unfortunately died during admission and four are still inpatients.A staff survey conducted showed their perspective on the challenges in managing elderly patients and whether Wathwood Hospital had the appropriate resources for them to work with elderly offenders in their area of work. All results will be explained through tables and graphs.ConclusionIt's evident that there are challenges in managing elderly patients in units not specifically designed to manage them. This is also due to the lack of geriatric training and resources available to allied health care professionals to carry out their respective work. It's therefore crucial we formulate more inclusive strategies to address these challenges.

The characteristics of older homicide offenders: a systematic review

This systematic review was conducted to develop a broader understanding of the characteristics of older people who commit homicide. PubMed, Embase and PsycINFO were searched on 28 November 2018 for studies on homicides committed by people aged 55 years and over. Only articles published in English were included. Studies focusing on euthanasia and palliation were excluded. Fifteen articles met the inclusion criteria, with studies from the United States (n = 6), United Kingdom (n = 2), Australia, Canada, Finland, Italy, New Zealand, Switzerland and Turkey. The age range for ‘older offenders’ varied across the studies. Some studies examined the phenomena of sexual homicide and homicide-suicide. Offenders were more likely to be male, and the domestic setting for the offence was common. Social maladjustment, a care-giver role, personal physical and mental health problems and/or substance misuse issues were relevant to the offenders. Firearms-related homicides were common. Homicide committed by older people is rare but there may be a constellation of risk factors specific to this age group that needs further understanding. Our findings suggest that there is an increasing need for care of older offenders and a need for specialist forensic services for elderly offenders.

“Stuck in their Ways”: Examining Parole Officers’ Perceptions on Guiding Older Offenders through the Reentry Process

Parole officers serve a critical role for inmates who are reentering society by monitoring the transitional and rehabilitation process post incarceration. Recently, there has been increased concern among correctional professionals in regard to addressing economic and management barriers of aging inmates. Elderly offenders require unique resources with regard to their health and housing and parole officers represent the initial contact for this population when providing the assistance; however, little is known about the role parole officers play in the reintegration process for older inmates. Therefore, the current study examined the perceptions of 19 parole officers who work with older parolees in a southern state. Through semi-structured, qualitative interviews, we explored parole officers’ primary role in the reintegration process to gain better understanding of demographics, management, and established goals when assisting older parolees.

노인범죄자의 처우에 관한 형사정책적 연구 -재범방지를 중심으로-

본 연구에서는 매년 꾸준히 증가하고 있는 노인범죄에 대하여 노인범죄자의 처우에 관한 형사 정책적 방안에 대하여 논의하였다. 이를 위해서 노인범죄 및 노인범죄자의 이론적 검토와 현재 발생되고 있는 노인범죄의 유형과 현황에 대하여 분석하였다. 이러한 연구결과를 토대로 현재 우리나라에서 시행하고 있는 형사정책에 대한 보완으로 노인범죄자의 범죄특성을 고려하여 강력범죄가 아닌 재산범죄 중 경미한 범죄의 경우에 따라 본인의 가택에 한정하여 구금하는 사회내 구금제도를 활성화시켜야 할 것이다. 또한, 노인수용자에 관한 시설내 처우의 개선으로 의료적 처우와 개방처우시설에 필요하며, 노인범죄자의 재범방지를 위하여 경제적 안정을 위한 일자리 창출 및 교정시설과 민간기업 간의 연계를 통한 취업지원의 확대에 대한 필요성을 제언하였다.

Consensus, Compassion, and Compromise? The First Step Act and Aging Out of Crime

The passage of the First Step (Act) represents an ambitious, bipartisan compromise to commence much-needed, genuine federal sentencing reform. However, as its name suggests, it is, in practice, simply one meager stride in what requires a marathon to affect true change. Its improvements fail to achieve the status of “groundbreaking.” This is particularly evident when considering its approach to reduction in sentence of elderly offenders. Since 2013, compassionate release has stood as the exclusive process available for worthy elderly offenders to request early release from prison. While the Act certainly expands access to compassionate release, it fails to do so generously. The Bureau of Prisons (BOP) continues to craft and preserve implementation guidelines that render compassionate release policies ineffective. The Act also revives the Second Chance Act of 2007 by providing a vehicle for early release of certain classes of elderly offenders. While this reauthorization appears appealing, it, too, fails to realize its full potential. This is so because BOP has again apprehended the system by refusing to include good time credits in release eligibility calculations. While the Act is a product of deliberate compromise between lawmakers, consensus concerning its practical application is non-existent.

Study on prevention of recidivism of elderly offenders in Japan

Study on prevention of recidivism of elderly offenders in Japan

Study on prevention of recidivism of elderly offenders in Japan

Study on prevention of recidivism of elderly offenders in Japan

A Current View for Introducing the Law Pertinent to a Characteristic of Elderly Crime and to the Treatment of Elderly Offenders

A Current View for Introducing the Law Pertinent to a Characteristic of Elderly Crime and to the Treatment of Elderly Offenders

A Study on the Introduction of Protective Disposition for Elderly offenders

A Study on the Introduction of Protective Disposition for Elderly offenders

Criminal Behavior among the Elderly: A Look into What People Think about This Emerging Topic

The elderly population is growing fast. With this changing demographic fact we can expect to see overall crime rates among the elderly growing right along with it. This study explored people’s knowledge about elderly crime and their perceptions about elderly offenders. Survey data were collected from 229 respondents living in Southern California. Statistical analyses on the key variables revealed a number of significant group differences in regard to age F(7, 221) = 2.15, p = 0.039, and ethnicity F(5, 223) = 2.60, p = 0.026. The data revealed that most of the respondents believe that elderly crime is going to get worse over time (58.5%) and that white-collar crimes were the biggest problem (44.5%). Male respondents (M = 1.80, SD = 3.83) on average knew more elderly offenders than female respondents (M = 0.99, SD = 2.39). Respondents from all ages tended to believe that older people were less likely to commit street crimes but were about as likely to commit white-collar crimes as younger people. There also appears to be a pattern of increasing drug use and drug abuse among both elderly men and women. Increasing problems with criminal offending among the elderly are going to have major implications across different social systems and institutions, such as political, economic, and legal systems, corrections, rehabilitation, and medical and mental health services.

Psychogeriatric Care in a Forensic Setting: Mitigating Stress and Burnout for Forensic Nurses

Background and Objectives With an aging population and projected increased prevalence of dementia, it has become increasingly important that nurses are equipped to provide appropriate psychogeriatric care. Patients with dementia are more likely to commit legal violations related to their behavioural and psychosocial symptoms, therefore there is a concern with how forensic nurses will be able to manage this population when psychogeriatric and forensic care intersect. Methods Stress and burnout from providing geriatric care is related to lack of knowledge in providing care for this population, conditions of work, including staffing, heavy workload; and taking care of clients with disabilities, agitation, or dementia. Thus, it is imperative that we explore how nursing staff can effectively manage psychogeriatric care in a forensic setting to minimize stress and burnout of staff. Results Five options for geriatric service enhancement will be explored: (1) Provide Gentle Persuasive Approach training to forensic staff; (2) hold an ethics review for staff to discuss the use of therapeutic lying; (3) modify existing policies and procedures to support appropriate geriatric care; (4) augment baseline staffing to include psychiatric care aides in skill mix; (5) and create a secure forensic unit for geriatric populations. Conclusion The author argues that further research is needed that will determine the design of a new Psychogeriatric Forensic Centre.

An Exploratory Study on Adopting Probation Case Management

본 연구는 사례관리의 구성요소인 사례관리자대상자, 사례관리자, 사회자원, 전달체계를 분석틀로 활용하여 보호관찰 사례관리의 적용 가능성을 모색한 것이다. 본 연구의 주요 연구결과는 다음과 같다. 첫째, 보호관찰 사례관리 대상자 선정에 있어 복합적인 범죄욕구를 안고 있는 자를 사례관리의 우선대상으로 선정할 것을 제시하였고, 이를 위해 위험욕구평가(risk and needs assessment)가 필수적임을 강조하였다. 이외에도 향후 노인, 장애인 범죄자의 증가에 따른 대비책의 필요를 강조하였다. 둘째, 보호관찰 사례관리 수행 인력과 관련하여 본 연구는 보호관찰소 내 전담직원을 배치할 것을 강조했다. 또한, 보호관찰 사례관리자는 임상과 행정 양면에서 능숙해야하며 보호관찰 사례관리의 핵심 기능 및 주요업무에 따라 다양한 역할을 수행할 수 있는 역량을 갖추어야 함을 제시하였다. 셋째, 사회자원은 보호관찰 사례관리의 성패를 좌우하는 매우 핵심적인 요소로서 지역사회의 공식, 비공식 자원, 그리고 보호관찰대상자에게 특화한 범죄예방위원과 민간기업 등의 사회자원의 적절한 혼합과 연계, 조정의 필요성을 제시하였다. 마지막으로 본 연구는 서비스전달체계로 보호관찰 내 사례관리, 중간기관 설치, 지역사회 위탁의 3가지 방안으로 정리하고 각각의 필요조건을 제시하였다.This study seeks the applicability of case management to probation system. In order to achieve the study objective, four components of case management including case management client, case manager, social resources, and delivery system, were applied as an analytical framework. The main results of this study are as follows. First, it is emphasized that the ‘risk and needs assessment’ is essential to selecting and screening for case management clients. This study proposes that those who have complex criminogenic needs should be first considered as case management clients. In addition, it emphasizes the necessity of preparation in order to cope with the increasing number of criminals with disabilities and elderly offenders. Second, in regard to staffing, this study proposes to place the dedicated staff members who can take full charge of case management within the probation department. Also, it is emphasized that the case managers in the probation field should be proficient in both clinical and administrative aspects. He or she should be skilled and competent in performing various roles according to the core functions and main tasks of the probation case management. Third, a core factor determining the success or failure of probation case management is social resources. This study emphasizes the use of a variety of social resources including formal and informal resources in the community, and specialized resources such as criminal prevention committees. Also, it suggests the referral and coordination of social resources and integrating them in a proper manner. Finally, three types of service delivery systems are suggested –operating case management within the probation department, interim agency which plays a role in connecting the probation department and community, and community consignment. Further, the requirements in implementing such systems are suggested.

Elderly Offenders and Criminal Procedure

Elderly Offenders and Criminal Procedure

Age, Actuarial Risk, and Long-Term Recidivism in a National Sample of Sex Offenders

Age at release has become an increasing focus of study with regard to evaluating risk in the sex offender population and has been repeatedly shown to be an important component of the risk assessment equation. This study constitutes an extension of a study of sex offender outcomes prepared for the Evaluation Branch, Correctional Service of Canada. The entire cohort of 2,401 male federally incarcerated sexual offenders who reached their warrant expiry date (WED) within 1997/1998, 1998/1999, and 1999/2000 fiscal years were reviewed for the study. Sexual and violent reconviction information was obtained from CPIC criminal records over an average of 12.0 years (SD = 1.7) follow-up. This study focused upon the cohort of sex offenders who were 50 years or older at time of release (N = 542). They were stratified according to risk using a brief actuarial scale (BARS) comprising six binary variables. For the most part, older offenders showed low base rates of sexual recidivism regardless of the risk band into which they fell. The exception was a small group of elderly offenders (n = 20) who fell into the highest risk band, and who showed high levels of sexual recidivism. The results of this combination of cross-sectional and longitudinal analyses of elderly sexual offenders may have important implications for offender management, particularly in light of the increasing numbers of offenders in Canada who fall into the over 50 age cohort.