NCJ Number
145839
Journal
Journal of Elder Abuse and Neglect Volume: 4 Issue: 4 Dated: (1992) Pages: 121-130
Date Published
1992
Length
10 pages
Annotation
This author maintains that social service delivery systems are better equipped to handle various types of domestic abuse, including elder abuse, than the criminal justice system. Social services are in a position to define abusive behavior, develop investigative and reporting systems, and create viable solutions.
Abstract
Legislation that seeks to outlaw certain activities needs to identify those behaviors that meet the basic criteria and intent of criminal law, namely legal proscription prior to enforcement, a behavior of commission or omission, a causal relationship between the act and the harm, an occurrence of harm on legally protected entities, a concurrence of the act and the intent, criminal intent, and a legally proscribed punishment. There are several areas related to elder abuse which are inconsistent with criminal legislation, specifically, disagreement on precisely what the criminal behavior entails, the requirement of intent, and the mandatory reporting provisions of the adult protective services laws. A more effective approach than grouping elder abuse with other types of criminally sanctioned domestic abuse might be to provide State regulatory law to allow intervention by social service workers when necessary. 14 references