NCJ Number
159158
Journal
Journal of Elder Abuse and Neglect Volume: 7 Issue: 2/3 Dated: special issue (1995) Pages: 131-156
Date Published
1995
Length
26 pages
Annotation
This chapter explains the overall goals of the criminal and civil systems, the rules governing them, their processes, and the ways in which they can prevent and combat elder mistreatment in an ethical context.
Abstract
The civil and criminal legal systems approach the prevention and resolution of elder mistreatment matters with common goals and certain rules that govern their handling. The goals of the legal response to elder mistreatment are to stop the unlawful, improper, or exploitive conduct that is being inflicted on the victim; protect the victim and society from the perpetrator; hold the perpetrator accountable; rehabilitate the offender; and make the victim whole by ordering restitution and return of property as well as the payment of expenses incurred by the victim. After examining the rules and the process of the legal system, the authors identify and discuss the ethical issues most apparent in legal proceedings with elder mistreatment; they are the promotion of autonomy and the least restrictive alternative. Ethical issues arise when evaluating these issues in the context of an older adult's mental competency. Three hypothetical cases of elderly mistreatment are used to illustrate the use of both civil and criminal proceedings to provide remedies. 33 notes