As the U.S. population ages, there will be more cases of elder abuse, neglect, and financial exploitation and, consequently, an increase in elderly criminal defendants in the criminal justice system. Because elderly persons appear in criminal court most frequently as crime victims, understanding the problems and needs of the elderly defendant receives less attention. This chapter reviews the cognitive and psychological changes with normal aging, the heterogeneous nature of elderly defendants, and assumptions that law enforcement and court personnel may make when interacting with the elderly population. The chapter reviews the adjudicative process from the perspective of the elderly defendant, focusing on detention, mental competence to stand trial, physical competence to stand trial, discovery and trial. Controversies in adjudicating and sentencing elderly defendants are discussed, as well as the impact of the sharp rise in elderly offenders in prison. Accommodations for elderly defendants during the process of adjudication and the need for expert medical and mental health involvement are reviewed.
A Study on the Introduction of Protective Disposition for Elderly offenders
