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Criminology, Law Enforcement, Elder Abuse, and Senior Victimization: 2003 to 2007**
Many times, acts of elder abuse are also criminal acts. The study of criminology
and the role of law enforcement are significant in holding perpetrators accountable
for elder mistreatment and senior victimization. The analysis of elder mistreatment
as a crime also holds implications for implementing prevention and intervention
initiatives.The following bibliography highlights research and scholarly articles published
2003-2007** that examine criminological aspects of the victimization of older individuals.***
Investigative and training references, and resources that profile victim and offender
characteristics are among the topics featured. Of note, this is a selected annotated
bibliography, which does not include all published references related to this topic.
To search for additional references on this and related topics, please visit the
CANE Web site at: www.cane.udel.edu. To search
the CANE Bibliography Series, go to
http://www.ncea.aoa.gov/NCEAroot/Main_Site/Library/CANE/CANE.aspx.
Most of the reference materials can be obtained through local university and community
libraries or interlibrary loan services. Some must be ordered directly through the
publisher or production company. When available, contact and pricing information
is included with the abstract. Increasingly, many resources are available online,
and the web addresses are also included.****If you have difficulty obtaining any
of these materials, please contact the CANE office for assistance by emailing cane-ud@udel.edu or telephoning (302) 831-3525.
*Articles that have appeared in a previous CANE bibliography are denoted by an asterisk (*)
after the file number.
**Some references published before 2003 have been included; these references first
appeared in print during a different year and are denoted by a double asterisk
(**) following the publishing date.
***There is some debate regarding whether the term "elder
abuse" extends to acts of victimization perpetrated by strangers, including career
criminals. For a more detailed discussion on defining the problem, see
Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging
America
, Chapter 2: Concepts, Definitions, and Guidelines for Measurement; National Research
Council,
National Academy
Press, 2003.
****Web addresses may change without notice. If an address
provided is no longer accurate, we recommend using a generic search engine, such
as Google, to find a current link. If you cannot locate the online publication,
contact the CANE offices for assistance by e-mailing
cane-ud@udel.edu or telephoning (302) 831-3525.
The
National Center
on Elder Abuse (NCEA) serves as a national resource for adult protective services,
elder rights advocates, law enforcement and legal professionals, public policy leaders,
researchers, and citizens. It is the mission of NCEA to promote understanding, knowledge
sharing, and action on elder abuse, neglect, and exploitation.
This publication was supported, in part, by a grant No. 90AM2792 from the Administration
on
Aging, U.S.
Department of Health and Human Services. Grantees undertaking projects under government
sponsorship are encouraged to express freely their findings and conclusions. Therefore,
points of view or opinions do not necessarily represent official Administration
on Aging policy.
Copyright University of Delaware, 2007. All rights reserved.
2007
-
T6726-41
Stiegel, L.
Recommendations for the Elder Abuse, Health,
and Justice Fields about Medical Forensic Issues Related to Elder Abuse and Neglect
Journal of Elder Abuse & Neglect; Vol. 18 (1), 41-81; 2007.
Journal article (scholarship)
As quoted from the abstract: “Increased interest in pursuing criminal and civil
actions against alleged perpetrators of elder abuse and neglect has revealed that
efforts to assist victims and hold perpetrators accountable are often hampered by
the lack of knowledge about the detection and diagnosis of elder abuse and neglect
and by the lack of resources for development of research and assistance in these
matters. This report sets forth recommendations for the elder abuse, health, and
justice fields about medical forensic issues related to elder abuse and neglect.
The recommendations were developed by a 'working group' of experts representing
an array of disciplines that address the problem of elder abuse and neglect pursuant
to a grant project funded by the National Institute of Justice (NIJ), the research,
development, and evaluation agency of the U.S. Department of Justice (DOJ). The
project was conducted by the American Bar Association Commission on Law and Aging,
with the assistance of the
University of California
, Irvine School of Medicine. This was the final project report submitted to NIJ;
it has been updated to include information about the availability of reports and
products from other grant projects that are discussed in the report.”
2006
-
T6532-38
Blakely, B. & Dolon, R.
Elder Mistreatment (from
Crisis Intervention in Criminal Justice/Social Service)
Charles C. Thomas Publisher,
LTD;Springfield, IL; 2006.
Book chapter (scholarship)
After presenting an overview of the topic of elder mistreatment, this chapter focuses
on practical aspects of the identification of and intervention in cases of elder
abuse and neglect. The authors create a "novice adult protective services APS)
professional" in order to illustrate obstacles
in coordinating an effective response, in raising public awareness, and in engaging
mistreated seniors. Pragmatic guidelines are offered to assist the social worker
in the process from screening initial referrals to substantiation of allegations
to intervention. Comprehensive, multidisciplinary assessment around issues such
as physical and mental health status is vital, and the authors recommend a standardized
assessment protocol to ensure completeness and accuracy. The use of diplomacy and
creativity in gaining the rapport of the client and others is emphasized. Various
interventions are described, including legal (such as the establishment of guardianship
or of a representative payee appointment), social services (home care or counseling),
or medical (diagnosis or treatment). The chapter concludes with a series of study
and discussion questions and the appendix lists numerous relevant internet sources.
-
T6569-157*
Burgess, A.
Elderly Victims of Sexual Abuse and Their Offenders
Unpublished paper produced with funds from the U.S. Department of Justice; December
2006
Online report (research)
In this exploratory "hypothesis generating" study, data from a convenience sample
of 284 cases of actual or suspected elder sexual abuse referred for investigation
were analyzed and compared. Victim characteristics, offender characteristics, crime
characteristics, and case dispositions were examined. In addition, data was obtained
through interviews conducted with 25 convicted inmates. Of the cases examined, nearly
54 percent had been referred to
APS
, and 46 percent had been referred to law enforcement. In addition to gathering
descriptive data on elder sexual abuse crimes, victims, and offenders (including
motivational intent), and identifying institutional responses to allegations of
sexual abuse, the study examined differences between the
APS
and the criminal justice responses. In cases where there was a known relationship
between the perpetrator and the victim,
APS
investigations were less likely to result in criminal investigations, physical examinations
of the elder, and referrals for prosecution than were cases referred to law enforcement.
Dementia was present in 70 percent of the cases referred to
APS
compared to 43 percent referred to law enforcement. Victims with dementia were more
likely to have been abused by someone they knew. Multidisciplinary and collaborative
efforts, particularly among health care practitioners, criminal justice and law
enforcement professionals, and
APS
professionals were recommended to increase prevention, detection, and intervention.
(Note: This report is accessible online at: http://www.ncjrs.gov/pdffiles1/nij/grants/216550.pdf.)
-
T6548-5*
Cooper, G. & King, M.
Interviewing the Incarcerated Offender Convicted
of Sexually Assaulting the Elderly
Journal of Forensic Nursing; Vol. 3 (2), 130-133, 146; Fall 2006.
Journal article (scholarship)
This article provides guidelines for conducting research-based forensic interviews
with offenders convicted of elder sexual assault. Recommendations include: conducting
a detailed pre-interview assessment (including mental health and criminal history
assessments, and a thorough review of the case material); co-interviewing to enhance
the personal safety of the involved researchers; emphasizing to the perpetrator
that the purpose of the interview is to gain an understanding of his or her behavior,
rather than to criminally investigate (while understanding the responsibility to
report any unsolicited admissions of guilt for additional crimes); and developing
an interview protocol to be used consistently with each participant to enhance the
reliability of findings as well as the study's replicability. (Note: This article
is part of an issue dedicated to the topic of elder abuse.)
-
S6386-11*
Dubble, C. A Policy Perspective on Elder Justice Through APS
and Law Enforcement Collaboration
Journal of Gerontological Social Work; Vol. 46 (3/4), 35-55; 2006.
Journal article (scholarship)
In this overview, the historic, economic, political, ideological, and societal aspects
of policies that promote collaboration between adult protective services (APS) and law enforcement in response to elder mistreatment
are examined. The impact of the right to self-determination upon legal interventions
(such as reporting issues, prosecution) is one the topic considered. Efforts of
the AARP and the
National Center
on Elder Abuse (NCEA) to promote awareness of elder mistreatment are highlighted.
The conclusion discusses the need for and the costs associated with policies that
reflect elder justice.
-
T6623-9
Koehler, S., Shakir, A., & Omalu, B.
Cause of Death among Elder Homicide Victims:
A 10-Year Medical Examiner Review
Journal of Forensic Nursing; Vol. 2 (4), 199-204; Winter 2006.
Journal article (research)
This article describes the forensic epidemiological characteristics of 49 homicide
victims aged 65 and over who were examined by the Allegheny Medical Examiner's Office
in
Pennsylvania
from 1996 through 2005. Elder homicides accounted for 5.6 percent of all homicides
occurring during this time period. White females comprised nearly 37 percent of
all victims, followed by white males (34.7 percent), and black males and black females
(both at 14.3 percent). Death was most commonly caused by blunt force trauma (accounting
for 17 deaths). Homicides were next most commonly caused by gun shot wounds and
stabbing. Other homicides were caused by strangulation, asphyxiation, and non-contact
events, such as triggering cardiac death, dehydration and malnutrition, smoke inhalation
related to arson, and a combination of methods.
-
T6540-5
Marleau, J., Auclair, N. & Millaud, F.
Comparison of Factors Associated with Parricide
in Adults and Adolescents
Journal of Family Violence; Vol. 21 (5), 321-325; July 2006.
Journal article (research)
Parricide (which is estimated to account for two to four percent of all homicides
in western countries that have studied the phenomenon) is the murder of a parent
by one's son or daughter. This article reports the results of a study comparing
the profiles of two distinct groups of parricides: those involving adult perpetrators
(n=43) and those involving adolescent perpetrators (n=12). Distinctions were noted.
All adult perpetrators suffered from severe mental illness (including psychosis),
were more likely to have a history of violent behaviors, and were more likely to
have threatened their victims prior to committing parricide. The adolescents were
less predictable, were more likely to present with symptoms of personality disorder
rather than psychosis, were more likely to have experienced suicidal ideation, and
were more likely to have witnessed intrafamilial violence.
-
S6458-5*
Morgan, E., Johnson, I. & Sigler, R.
Public Definitions and Endorsementof the Criminalization of Elder Abuse
Journal of Criminal Justice; Vol. 34 (3), 275-283; 2006.
Journal article (research)
This article reports upon the findings of a longitudinal cross-sectional
study conducted to measure public definitions of elder abuse and the willingness
to endorse criminal sanctions for perpetrators. Data was collected through random
sample surveys conducted in the area of
Tuscaloosa, Alabama
in 1986-1987 (n=117), again in 1991-1992 (n=134), and in 1996-1997 (n=159). Results
suggest that the public perceptions of what constitutes physical elder abuse remained
constant over time. Perceptions of neglect and psychological abuse also appeared
relatively constant, with some exceptions. For example, not spending time with the
elder was viewed as more neglectful in the earlier survey results compared to later
findings. Perceptions of financial abuse appeared less consistent over time. Support
for the criminalization of elder abuse increased throughout the course of the study,
as participants endorsed the creation of misdemeanor and felony statutes, and prison
sentences for punishment of perpetrators.
-
S6295-00*
NASD Investor Education Foundation, in cooperation with WISE Senior Services and AARP
Off the Hook Again: Understanding Why the Elderly Are Victimized by Economic Fraud Crimes
NASD Investor Education Foundation, with WISE Senior Services and AARP; Washington, D.C.; July 2006.
Online report (research)
This study examines "why certain elderly investors are more susceptible
to investment fraud than others, exposes the various tactics used by criminals to
exploit seniors and offers strategies to help seniors avoid becoming victims....The
research results dispel common myths about who's actually being targeted and offers
effective strategies on how seniors can avoid these costly financial traps. Researchers
for the project analyzed undercover tapes of fraud pitches and surveyed victims
and non-victims to determine how they differ. The researchers used their findings
to develop practical messages to increase fraud awareness among seniors. Some of
the key research findings include: Investment fraud victims are more financially
literate than non-victims; Investment fraud criminals use a wide array of different
influence tactics, from friendship to fear and intimidation tactics, to defraud
the victim; fraud pitches are tailored to match the psychological needs of the victim;
Investment fraud victims are more likely to listen to sales pitches; Investment
fraud victims are more likely to rely on their own experience and knowledge when
making investment decisions; fraud victims experience more difficulties from negative
life events than non-victims; investment fraud victims are more optimistic about
the future; investment fraud and lottery victims dramatically under-report fraud...."
The authors recommend that financial literacy and fraud prevention programs include
education on persuasion tactics. (Note: To access the report and related materials,
including a PowerPoint presentation and an audio file of real-life fraud pitches,
visit http://www.finrafoundation.org/resources.asp.)
-
S6155-4*
National Institute of Justice (NIJ), the Research, Development, and Evaluation of the U.S. Department of Justice
Victim Satisfaction with the Criminal Justice System
NIJ Journal; No. 253; January 2006.
Journal article (research)
This brief article summarizes the findings from three NIJ-funded
research projects: "Victim Satisfaction with Criminal Justice Case Processing in
a Model Court Setting;" "Forgoing Criminal Justice Assistance: The Non-Reporting
of New Incidents of Abuse in a Court Sample of Domestic Violence Victims;" and "Effects
on Victims of Victim Service Programs Funded by the STOP Formula Grants Program."
In sum, the research suggests that victims of domestic violence (DV, also known
as intimate partner violence or IPV), may be so dissatisfied with the criminal justice
system intervention that they are unlikely to contact the police the next time they
need assistance. Among the women who chose not to report subsequent abuse were women
who were least likely to have resisted the arrest of the offender during the previous
incident, and those who were most likely to believe that the police action had negatively
affected their safety. Among other findings, this research suggests that mandatory
arrest policies have not resulted in more cases of DV being prosecuted. (Note: Although
this article is not specific to elders, it may hold implications for assisting victims
of elder mistreatment. It is accessible online at:
http://www.ojp.usdoj.gov/nij/journals/253/victim.html.)
-
S6463-4*
Nusbaum, N., Cheung, V., Cohen, J., Keca, M. & Mailey, B.
Role of First Responders in Detecting and Evaluating Elders at Risk
Archives of Gerontology and Geriatrics; March 2006.
Journal article (research)
Observing that first responders (such as police, fire fighters, and
emergency medical personnel) may have interactions with elders who live in relative
isolation, this study was designed to evaluate their approach to vulnerable elders
who may be victims of (or at risk for) elder abuse and neglect. One-hundred eighty-six
first responders from northern Illinois completed a brief survey regarding their interactions
with elders during the previous
six months. More than half had encountered at least one elder that they believed
may have been abused or neglected, and more than three-fourths estimated that they
had met an elder who posed a danger to self or others, but very few (2 percent)
had screened the elders for potential risk. Immediately following the survey, first
responders participated in an educational intervention designed to promote awareness
and routine screening. The results of the survey indicate that although first responders
have potential to identify abused, neglected and at risk elders, a structured approach
to screening for these conditions is warranted.
-
T6570-15
Payne, B. & Gainey, R
The Criminal Justice Response to Elder Abuse
in Nursing Homes: A Routine Activities Perspective
Western Criminology Review; Vol. 7 (3), 67-81; 2006.
Journal article (research)
Eight-hundred and one Medicaid Fraud Control Unit (MFCU) cases of nursing home abuse
investigated between January 1997 and May 2002 were analyzed from a criminological
perspective of the Routine Activities Theory. This theory suggests that three conditions
must be present for a crime to occur: a motivated offender; the absence of a capable
guardian or authority figure; and a suitable target. Over two-thirds of the cases
involved physical abuse, and nearly ten percent involved sexual abuse. In cases
that documented the offender's occupation, 73 percent were aides, 12.3 percent were
nurses, and approximately 13 percent were characterized as “others.” Among the cases
where motivation for the offender was implied, almost half (47.9 percent) of the
abuses were committed by perpetrators categorized as serial offenders, or individuals
who have an abusive history; 27.5 percent were committed by pathological/tormentor
types; and 25 percent were committed by perpetrators characterized as “stressed-out.”
In addition to ongoing efforts to reduce stress and improve conditions for staff,
the researchers emphasize the need for additional preventative measures. Recommended
strategies include: more effective screening, hiring, and training practices, and
empowering the “place manager” or the authority on site charged with monitoring
the vulnerable (supervising nurses, for example) to report problems. (Note: This
article is accessible online at:
http://wcr.sonoma.edu/v07n3/67.payne/payne.pdf.)
-
T6594-3
Safarik, M. & Wurtz, D.
Investigation, Science, and Research Partner to Solve Elderly Woman's Shocking Homicide
Journal of Forensic Nursing; Vol. 2 (3), 127-129; Fall 2006.
Journal article (scholarship)
This case study of the investigation of a sexual homicide of a 92 year old woman
demonstrates the successful coordination of law enforcement tactics, forensic evidence
collection, and behavioral analysis. Ultimately, a questionnaire customized to the
specifics of this case (and based upon data gathered through the analysis of previously
committed, similar homicides studied by the lead author) lead to the focus on the
perpetrator.
DNA
evidence sealed the conviction. Note: This article is part of an issue dedicated
to the topic of elder abuse.)
-
T6574-10
Yorker, B. et al.
Serial Murder by Healthcare Professionals
Journal of Forensic Sciences; Vol. 51 (6), 1362-1371; November 2006.
Journal article (research)
This study analyzed serial murders of patients perpetrated by 90 health care professionals
throughout the world. Cases from the 1970's through 2006 were identified through
a search of the Lexis-Nexis legal data base. The geographic location, perpetrator
and victim characteristics, crime characteristics, the health care setting, the
method of murder, toxicology, legal outcomes, and interventions were analyzed. When
available, researchers studied court transcripts, depositions, audio and video tapes,
toxicology reports and additional evidence. Among the findings, 45 of the defendants
were convicted of murdering a total of 317 victims, and nine others were convicted
of, or pled to, lesser charges. An additional 2113 suspicious patient deaths were
attributed to these convicts. Twenty-four other defendants have been indicted. Nursing
personnel were responsible for 86 percent of the cases (54 registered nurses or
RNs; 7 licensed practical nurses or LPNs or licensed vocational nurses or LVNs;
and 16 nurse's aides); two perpetrators were physicians; and one was a respiratory
therapist. Women comprise 49 percent of those convicted and 55 percent of those
prosecuted; however, males were disproportionately (highly) represented among the
nurses convicted. The majority of murders occurred in hospitals (70 percent), and
20 percent occurred in nursing homes. According to the researchers, "…Patients who
were critically ill, very old, very young, or otherwise vulnerable were most likely
to be victims...however, quite a few victims were ambulatory with intact cognition...."
The methods most frequently used to commit the murders were (in order) injections,
suffocation, drowning, air embolus, oral medications, tampering with medical equipment,
and poisoning. Successful prosecutions have relied upon confessions, toxicology
results, eye witness testimony, and other physical evidence. Recommendations based
upon this study include the need for routine collection of epidemiological, toxicological,
and psychological information surrounding patient deaths, and the need for enhanced
patient protection balanced against the protection of employee rights. Current practices
that allow easy access to uncontrolled medications should be reevaluated. (Note:
This article is not specific to elders.)
2005
-
S6382-9
Beard, H. & Payne, B.
The Portrayal of Elder Abuse in the National
Media
American Journal of Criminal Justice; Vol. 29 (2), 269-284; 2005.
Journal article (research)
This study examines how elder abuse is reported and characterized in the national
media. Researchers examined the LexisNexis news database (from 1999 through 2003)
and identified 530 relevant articles covering all geographic regions of the U.S.
Content analysis revealed a number of themes: processing themes, which identified
how the case was processed through the justice system; conceptual themes, which
address the magnitude and nature of elder mistreatment; civil law issues; program
implementation; and legislative actions. Most of the articles described issues related
to the criminal justice process, which suggests that elder abuse in the media is
viewed predominantly as a crime problem rather than a social problem. Of note, elder
sexual abuse and intimate partner violence among older couples were rarely reported,
as were cases of neglect. Implications for increased public awareness and education
and policy implementation are considered.
-
T6567-9
Brandl, B., Heisler, C. & Stiegel,L.
The Parallels Between Undue Influence, Domestic Violence, Stalking, and Sexual Assault
Journal of Elder Abuse & Neglect; Vol. 17 (3), 37-52; 2005.
Journal article (scholarship)
The authors present an overview of undue influence (UI) as a mechanism for financial
exploitation with patterns of manipulation that parallel tactics identified in domestic
violence (DV), stalking, and the "grooming" behaviors of some sexual predators.
UI is a process, not a single event, in which the perpetrator uses "their role and
power to exploit the trust, dependence, and fear of others." Although an elder may
have the mental capacity to make decisions regarding his or her finances, a number
of variables can increase one's vulnerability to UI: significant personal loss;
changes in physical, cognitive, or emotional status; certain personality characteristics
(such as naivety, or fearfulness); isolation; medication usage and/or substance
abuse; etc. Seven parallels are considered: the exploiter and the victim are involved
in an ongoing relationship; victims are often targeted and groomed (the act of gaining
the victim's confidence) by their perpetrators; exploiters typically use a stealth
campaign to influence, coerce, and exploit victims; perpetrators often use charm
and deception to manipulate victims and others; exploiters deny, minimize, and justify
their behaviors; victims often appear willing participants; victims often experience
trauma responses (such as helplessness, guilt and self-blame, denial, etc.) and
some reactions impede investigation. The analysis is synthesized into guidelines
to enhance the law enforcement and criminal justice response to such cases.
-
S6394-13*
Dietz, T. & Wright, J.
Age and Gender Differences and Predictors of Victimization of the Older Homeless
Journal of Elder Abuse & Neglect; Vol. 17 (1), 37-60; 2005.
Journal article (scholarship)
In general, rates of specific crimes among people who are homeless
differ from those among the population in general. Rape and homicide rates, for
example, are significantly higher. Employing the Routine Activities Perspective
as a theoretical framework, this descriptive study addresses age and gender differences
in criminal victimization rates of the homeless. The framework postulates that risk
for criminal victimization is based upon three factors: the absence of capable guardians
(such as the police); the presence of motivated offenders; and vulnerable targets.
Data was drawn from the National Survey of Homeless Assistance Providers and Clients
(NSHAPC). Older adults were defined as anyone aged 50 and over. Although increasing
age appears to be a protective factor against criminal victimization within the
general population, it does not appear to be among the homeless population; older
homeless individuals reported rates of victimization consistent with younger homeless
individuals. Older women were as likely as older men to report being robbed or physically
assaulted. Having a variety of health problems, including mental illness and substance
abuse, was also associated with greater risk for victimization.
-
P5845-4
Klaus, P., for the U.S. Department of Justice, Office of Justice Programs
Crimes against Persons Age 65 or Older, 1993-2002 (Bureau of Justice Statistics Special Report)
Bureau of Justice Statistics; Washington, D.C.; January 2005.
Online (report)
This publication reports characteristics and trends involving crimes
against individuals aged 65 and over from 1993 through 2002, and offers comparisons
to victimization of individuals in other age groups. Data was drawn from the National
Crime Victimization Survey (NCVS) and the Uniform Crime Reports. Of the findings,
elders experienced much lower rates of victimization than younger groups. Nonfatal
violent crime rates were 4 per 1,000 for this age group; elder head of households
experienced property crimes at a rate of 93 per 1,000; and personal larceny (such
as purse snatching) was the only category of crime experienced at rates similar
to other age groups. Homicide rates declined slightly for the elderly from 1993
through 1998 and have remained constant since that time. (Note: This report is available
online at:
http://www.ojp.usdoj.gov/bjs/pub/pdf/cpa6502.pdf.)
-
S6423-21
Safarik, M. & Jarvis, J.
Examining Attributes of Homicide Toward Quantifying Qualitative Values of Injury Severity
Homicide Studies; Vol. 9 (3), 183-203; August 2005.
Journal article (research)
Although the qualitative study of injuries can reveal information
about the dynamics between offender and victim, relatively little data is gathered
on the nature of injuries incurred during homicides. This article reviews the modification
and implementation of injury severity scales in the analysis of data from a sample
of 128 elderly female homicide victims (aged 60 or older). In a previous study,
these cases were comprehensively reviewed for information on the physical, sexual,
behavioral, and psychological details of the homicides. Multivariate analysis was
conducted to determine if there was a relationship among offender characteristics,
the offender-victim relationship, and the offender's geographical proximity to the
victim and the degree of injuries inflicted during the homicide. Of note, greater
severity of injuries appeared associated with younger offenders and offenders who
lived in closer proximity to their victims. Implications for criminal investigations
are considered.
2004
-
S6298-25*
Bachman, R., Lachs, M. & Meloy, M.
Reducing Injury Through Self-Protection by Elderly Victims of
Violence: The Interaction Effects of Gender of Victim and the Victim/Offender Relationship
Journal of Elder Abuse & Neglect; Vol. 16 (4), 1-24; 2004.
Journal article (research)
Although crime statistics suggest that older individuals are less
likely to be victims of violent crimes than younger individuals, when victimized
they appear to sustain more serious injuries than younger victims. In this study,
data from robbery and assault cases (excluding sexual assault) reported in the National
Crime Victimization Survey (NCVS, 1992 through 2000) is analyzed to understand the
general effect of self-protective behaviors on the risk of injury; whether the type
of self-protective behavior has an impact; and whether the effects of such behaviors
vary by the type of offender involved. Physically self-protective measures included
physically attacking or threatening the offender, using or threatening to use a
weapon against the attacker, chasing the attacker or running away from the scene.
Nonphysical resistance included stalling, arguing or reasoning with the offender,
trying to get attention from others, calling the police, or screaming or yelling.
Of significance, male and female elders who physically resisted known offenders
(intimates and acquaintances) were more likely to sustain injuries than those who
either did not resist, or resisted nonphysically. Those who resisted nonphysically
were more likely to avoid injury than those who resisted physically or took no self-protective
action. However, when attacked by a stranger, victims who took no action were at
greatest risk for injury, followed by those who resisted physically. Results suggest
that nonphysical self-protective behaviors decreased the risk of injury with both
known and unknown offenders, but appeared particularly effective when dealing with
offending strangers.
-
S6294-16*
Lachs, M., Bachman, R., Williams, C., Kossack, A., Bove, C. & Leary, J.
Older Adults as Crime Victims,
Perpetrators, Witnesses, and Complainants: A Population-Based Study of Police Interactions
Journal of Elder Abuse & Neglect; Vol. 16 (4), 25-40; 2004.
Journal article (research)
Drawing upon the New Haven EPESE study (Established Populations for
Epidemiological Studies in the Elderly), the goal of this research was to examine
the nature and extent of law enforcement contacts among older community members.
Police records from the cohort's catchment area for 1985 through 1995 were analyzed
to identify interactions between participants and law enforcement. The following
details were abstracted from the records of the elders who had police involvement:
their role (victim, perpetrator, complainant, or witness); type of crime; participant's
relationship to perpetrator; whether or not a weapon was used; number of offenders;
whether there was physical contact between the victim and offender; and if the victim
required medical attention. These details were merged with the corresponding EPESE
records to provide a police-health data set including demographic characteristics,
psychological/social characteristics, medical indicators, and functional ability.
Twenty-nine percent of the cohort members had at least one police contact during
this time frame, for a total of 1,651 incidents. Most commonly, participants were
victims (57.5 percent), followed by complainants (7.5 percent), offenders (4.2 percent),
and witnesses (3.4 percent). (Participants were also categorized as “other” and
nearly 20 percent had multiple contacts involving various roles.) Of the incidents
wherein participants were victims, 21 percent involved violence, including 42 episodes
occurring in nursing homes, primarily involving resident-to-resident abuse. Larceny
and burglary were the most common types of nonviolent crimes. Being male, African-American,
and/or younger members of the cohort appeared associated with a statistically greater
likelihood of police contact. An interesting finding was that cohort members who
had police contact were less functionally impaired than those with no contact. (Note:
This article draws upon the same data set as that of P5541-12, of this bibliography.)
-
22. R6058-3*
Palmer, A.
Law Enforcement and Adult
Protective Services Working Together: A Team Approach to Elder Abuse Cases
Age in Action; Vol. 19 (3), Summer 2004.
Journal article (scholarship)
This article highlights the Central Virginia Task Force on Older
Battered Women (OBW Task Force), a regional coalition of aging, domestic violence
(DV), law enforcement, and legal services agencies dedicated to raising awareness
of the needs of women who experience domestic violence/intimate partner violence
and sexual assault in later life. Established in 1998, the project focuses on developing
collaborative and interdisciplinary community responses to address violence against
older women. A case study is presented from
Henrico County
that illustrates how adult protective services (APS)
and the police department conducted a joint investigation of a sexual assault of
a 65 year old assisted living facility resident. The following key elements for
successful collaboration were identified: the need for all members to understand
and respect the expertise and distinct role of each member; the need for investigators
to attempt to conduct joint interviews whenever possible; and to the need to ensure
that time and resources are shared effectively. (Note: This article is available
online only at: http://www.vcu.edu/vcoa/ageaction/AGEsu04.htm.)
2003
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P5623-25
Heisler, C. & Stiegel
Enhancing the Justice System's Response to Elder Abuse: Discussions and Recommendations
of the "Improving Prosecution" Working Group of The National Policy Summit on Elder Abuse
Journal of Elder Abuse and Neglect; Vol. 14 (4), 31-54; 2002.**
Journal article (scholarship)
This article elaborates upon two of the recommendations identified through the "Improving
Prosecution" working group session of the National Policy Summit on Elder Abuse
(December 2001, Washington, D.C.): "improving the legal landscape by strengthening
elder abuse laws" and "increasing awareness within the justice system." The following
topics were considered: the role of the federal and state governments in increasing
elder abuse reporting and enhancing prosecution; the need for expert witnesses,
support, and technical assistance; the identification of barriers to accessing the
criminal justice system; the improvement of outcomes in criminal cases; and the
need for training of law enforcement, prosecutors, judges, coroners, court personnel,
and advocates. The authors also provide a historical perspective on the response
of the criminal justice system to elder abuse, which was initially minimal, based
in part upon the underreporting of the problem.
-
P5404-88*
Johnson, K., for the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS)
Financial Crimes Against the Elderly (Problem-Oriented Guides for Police - Problem-Specific Guides Series
No. 20)
U.S. Department of Justice, Office of Community Oriented Policing Services (COPS); Washington, D.C.; 2003.
Online (guidebook)
Part of the series of Problem Specific Guides for the police, this
publication provides a comprehensive overview of financial elder abuse and guidelines
for customizing a law enforcement approach to address the problem on a local level.
The topic of financial exploitation is broadly divided into those acts committed
by strangers and those committed by friends, family, and caregivers, by means of
coercion, intimidation, undue influence, deception and/or emotional abuse. The author
describes abuses of Power of Attorneys, living trusts, joint accounts, and transfers
of titles. Factors that contribute to financial crimes, including victim vulnerabilities,
are also discussed. The greatest predictor of future victimization is previous victimization,
which is in part due to the practice of generating and sharing "sucker lists" among
perpetrators. Understanding the victim's mental capacity and the issue of consent
are vital in terms of investigation. In describing perpetrator characteristics,
the "boiler-room" mobility structure of telemarketing fraud is highlighted. In order
to tailor the response to financial elder abuse in a given community, law enforcement
needs to analyze the current types of abuse occurring, and will need to develop
multidisciplinary/interdisciplinary efforts. The guideline includes a detailed list
of questions that responders should ask when assessing the crime(s). Pre- and post-intervention
measurements are needed in order to determine the effectiveness of the implemented
response, and quantifiable recommendations are provided. The publication also identifies
strategies that have proven ineffective, such as "stand alone" information dissemination,
mandatory reporting legislation, bonding telemarketers, and increasing sentences
in existing legislation. (Note: This publication is available online at
http://www.cops.usdoj.gov/mime/open.pdf?Item=963.)
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P5541-12*
Lachs, M. et al.
The Clinical Epidemiology of Crime Victimization in Older Adults: A Multidisciplinary Pilot Study
Journal of Elder Abuse & Neglect; Vol. 13 (3), 79-90; 2001.**
Journal article (research)
Researchers identified a gap in the literature
regarding the impact of crime on the health and mortality of elderly victims. In
this pilot observational cohort study, gerontology and criminology professionals
collaborated to explore these trends using data from the New Haven Established Populations
for Epidemiologic Studies of the Elderly (EPESE). At its inception in 1982, the
stratified sample consisted of 2,812 community dwelling individuals aged 65 and
over. Two-hundred randomly selected participants were matched with police records
to determine the rate of police involvement. Among the findings, 47 elders (23.5
percent) had 86 police department contacts. In these contacts, the elder was the
victim 43 percent of the time, the complainant 30 percent of the time, the alleged
offender 10.5 percent of the time, and the witness 9.3 percent. Most frequent complaints
involved burglary, followed by contacts with cognitively impaired or mentally ill
elders. As quoted from the abstract: “…this methodology can detect a relative risk
of mortality after crime of 1.4 with 90 percent power at an alpha level of 0.05
when all cohort members are matched to police records....” From this data, it appears
that elders have a higher prevalence rate of contact with police than with either
APS
professionals or professionals from other aging services fields. The findings suggest
that a similar methodology can be applied to the study of other health outcomes
of crime by drawing upon datafrom police records. (Note: This article draws upon the same data set
as that of S6294-16, of this bibliography.)
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P5421-73*
National Association of Triads, Inc. (NATI)
National Association of Triads, Inc. (NATI) Handbook
National Association of Triads, Inc. (NATI); 2003.
Handbook
To quote from the Introduction: “This handbook is designed to assist
law enforcement officers and senior citizens interested in implementing a comprehensive
crime prevention program for older persons...." It explains what Triad is, how it
works, and how to design and implement such a program in local communities. Triad
is a three-way coalition between police chiefs, sheriffs, and older and retired
leaders to reduce crime against older residents, which was first formed in 1988.
The handbook provides practical guidelines on developing the advisory council, often
known as SALT or Seniors and Lawmen Together, which is a key to the success of any
Triad. Initially, the representatives must survey the area seniors to determine
what needs must be addressed (violent crime, financial exploitation, etc.), and
conduct ongoing evaluation of the objectives identified. Triad offers advocacy and
support to older victims of crime at all stages of intervention (from reporting
through court room procedures), combats vulnerability (through prevention and education
programs), may develop reassurance programs (such as Adopt a Senior, senior buddy
systems, or telephone reassurance programs), and fosters a greater understanding
of the needs of older citizens among police officers through training. A detailed
discussion regarding the needs of older victims who have Alzheimer's dementia is
included. Appendices include such forms as cooperative agreement, departmental policy,
a sample letter of invitation, evaluation forms, survey forms, and informational
forms on various programs. (Note: This publication is available online. Access through
the http://www.sheriffs.org/default_html.htm
and linking on National Association of Triads, Inc.)
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S6188-10*
Payne, B.
Justification for Punishing Crimes Against the
Elderly: Perceptions of Police Chiefs, Nursing Home Professionals, and Students
Journal of Offender Rehabilitation; Vol. 38 (1), 33-51; 2003.
Journal article (research)
In this study, participants from two different occupational groups (police chiefs
and nursing home professionals) along with sociology and criminal justice students
were surveyed regarding their beliefs on punishment and rehabilitation of elder
abuse offenders, and the implications that these results hold for the processing
of cases of elder mistreatment. Respondents were asked to rank six different abuse
scenarios (including institutional intentional and unintentional abuse, white collar
crime, and theft) in terms of perceived severity, then to indicate what consequences
he or she would recommend for the offender and why. Justifications included the
following categories: specific deterrence, general deterrence, rehabilitation, retribution,
incapacitation, and victim compensation. In general, police chiefs and students
were more likely to hold punitive attitudes, while nursing home personnel demonstrated
more rehabilitative attitudes. The author points out that these results suggest
the need to foster an interdisciplinary, collaborative approach when designing interventions
for abusers.
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P5483-17*
Payne, B.
Understanding Differences in Opinion and ‘Facts’ Between Ombudsmen, Police Chiefs, and Nursing
Home Directors
Journal of Elder Abuse and Neglect; Vol. 13(3), 61-77; 2001.**
Journal article (research)
Little research has been conducted regarding
the readiness of various disciplines to work together in addressing elder abuse.
This study focuses on the philosophical differences and perceptions/misperceptions
of three occupational groups that address elder abuse in nursing home settings:
ombudsmen, police chiefs and nursing home directors. The research considers whether
the three groups differ in their opinions on issues regarding elder abuse, and whether
they vary in their knowledge of elder mistreatment. Seventy-three nursing home professionals,
119 police chiefs, and 203 ombudsmen from four states completed the mailed survey,
a 20-item instrument which included the following scales: crime facts; nursing home
facts; victim attribution opinions; media prevention opinions; crime and punishment
opinions; a general fact scale; and general opinion scale. Among the results, the
groups varied in their perceptions of the extent of both elderly victimization and
the extent of victimization within nursing homes, as well as in their beliefs regarding
the “appropriate” response of the criminal justice system. The research also assessed
gender differences; male ombudsmen appeared more likely to blame the victim and
underestimated the scope of institutional abuse than did female ombudsmen. The study
also revealed that a number of the differences were related to misinformation versus
opposing attitudes. (Note: This article draws upon the same data set
as that of P5686-21, of this bibliography.)
-
P5686-21*
Payne, B. & Berg, B.
Perceptions About the Criminalization of Elder Abuse Among Police Chiefs and Ombudsmen
Crime & Delinquency; Vol. 49 (3), 439-459; July 2003.
Journal article (research)
Employing general systems theory, researchers
analyzed the differences in sanctions favored by police chiefs and ombudsmen for
six different types of elder mistreatment. One-hundred nineteen police chiefs from
four states and 203 ombudsmen from 26 states were surveyed by mail. The survey described
six scenarios of abuse, including incidents of institutional abuse and neglect as
well as incidents of street crime and fraud. Respondents were asked to rank order
the perceived appropriateness of four sanctions: administrative reprimand, fines,
probation, and jail time. They were also asked to rank order the severity of the
offenses. While ombudsmen rated patient offenses as most serious, police chiefs
rated street crimes as most severe. In addition, they were also asked for agreement
or disagreement on five statements regarding policy in addressing elder abuse. While
both groups appear to support the criminalization of elder abuse and agree that
it should be a priority of the criminal justice system, they differed as to what
sanctions were most appropriate for most offenses. Policy implications are considered.
(This article draws upon the same data set as that of P5483-17, of this bibliography.)
To search for additional references on this and related topics, please visit the CANE Web site at:
www.cane.udel.edu
and the CANE Bibliography Series at:
http://www.ncea.aoa.gov/NCEAroot/Main_Site/Library/CANE/CANE.aspx.
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