Should punishment be harder if a crime is committed to an elderly person?

[Shell Beau]

For instance, there was this 85 year old woman who was beaten almost to death while she was being robbed. The punishment was harsher because she was elderly.

Is that fair? What do you think?

[commander bunnypants]

1. good question?

but I think a judge would hand out the harshest penalty allowed in cases like that

CB

[Shell Beau]

3. Yes, I would think so.

Just as if it were against a child.

[flvegan]

2. Yes. Elderly, handicapped and children.

Crimes against them are crimes of not only intent but opportunity. I think that they're more devious because of that. I also think crimes such as rape should have a more harsh punishment for the same reason.

I'll also add animals to that list, as well. Someone will surely get pissy with me for "equating" animals with people, though.

[Shell Beau]

4. No, I agree. If you are defenseless (as animals are most of the time),

then it does seem to be a crime of opportunity and more despicable!

[nadine_mn]

5. Beware...Rant to follow

I am very biased because I am an elder abuse victim advocate.


In MN we have a statute that protects vulnerable adults (not elders) - anyone 18 and older with a mental or physical impairment. Some states (like CA) have an elder abuse law - at age 65 you are an elder and there are higher penalties for crimes committed. AT first I was against this blanket line in the sand however after over 3 years watching case after case not be picked up by prosectors because they are stuck on proving the vulnerable status rather that the actual crime. In the meantime I have watched victims lose everything, including their lives waiting for justice.

The facts are that (1) Elders who have been abused or financially exploited have a 30% higher mortality rate than those who are not.
(2) Physical effects of crime are more severe on elders - at 40 you may be able to take a punch, at 80 it could lead to fractures and hospitalization. Recovery time is much longer and more complicated.
(3) Financial crimes are devasting to elders - once their savings are taken, they cannot go back to work to replenish.
(4) Elder abuse is one of the most underreported crimes in the country - for every 1 case of abuse that it is estimated that anywhere from 5 to 14 go unreported.
(5) 90% of abuse is done by someone an elder knows
(6) 60& of elders 65+ murdered were killed by a loved one 42% by their offspring

Elder abuse is where domestic violence and child abuse was 30 years ago.



http://www.youtube.com/watch?v=NVDINkX4bWE

for info on these stats please go to elderabusecenter.org

There is a federal law pending for over 4 years called the elder justice act -

sorry it is a rant but on this I cannot be unbiased

[Shell Beau]

6. Very good to have passionate people in that field!

:thumbsup:

[commander bunnypants]

9. Almost went into that field

Social Work/gerentology

Now Social Work/ Mental Health.

and as me and my cowrkers say. Dont fuck with our clients. It will be the last thing you ever do.



CB

[Roon]

7. Yes

I may be biased...but yes, crimes against the elderly make me sick and the punishment should be harsher.

[Shell Beau]

8. I agree!

[philosophie_en_rose]

10. Yes.

It's not the age. It's the vulnerability. If anyone attacks someone, it's terrible. However, attacking someone that can't fight back deserves extra attention.

[BlooInBloo]

11. Punishment should be harsher when the crime is against *anyone* who...

... (a) Is significantly less able to defend themselves than average, or
(b) The victim is likely to be significantly more hurt by a given amount of abuse than the average person.

I assume these would almost always be considered aggravating factors.

[Deep13]

12. She was more vulnerable the assult put her in greater danger...

...than if it was a strong, young victim. So yes, that is relevant to sentencing.