Where Elder Abuse and the Justice System Collide: Police Power,<i>Parens Patriae,</i>and 12 Recommendations

Connolly, Marie-Therese

doi:10.1080/08946560903436338

Cited by 29 publications

(20 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Governments use their parens patrie authority when they step into the role of a parent or guardian, using the law to protect vulnerable citizens who lack legal capacity for decision-making. 1 Cases Brought Under Police Power Authority Federal, state, and local government entities prosecute violations of the law under their inherent police power, 1 but this article will focus solely on federal cases enforcing federal laws brought by DOJ (including divisions in the department's headquarters (called ''Main Justice'') in Washington, D.C., and by the 93 U.S. Attorneys Offices throughout the country).…”

Section: Legal Actions With a Potential Impact On Elder Self-neglectmentioning

confidence: 99%

Elder Self‐Neglect and the Justice System: An Essay from an Interdisciplinary Perspective

Connolly

2008

J American Geriatrics Society

Self Cite

View full text Add to dashboard Cite

Elder self-neglect is a complex issue for the legal system-one not always easily distinguished from other types of elder abuse, neglect, and exploitation. The issue inherently implicates several disciplines, and although self-neglect is not prosecuted per se, prosecutions of other types of elder abuse, neglect, and exploitation may affect self-neglect as well. In addition, other types of legal intervention, such as guardianship actions, may serve to protect vulnerable older people, but it is critical to ensure that such interventions do not inappropriately infringe on the older person's civil liberties or result in exploitation or worse. There are daunting challenges to doing work in this field-death; ageism; medical, legal, and ethical complexities; and a chronic paucity of funding. It is nevertheless imperative that researchers expand their efforts to elucidate the nature and scope of elder self-neglect; its interplay with other forms of abuse, neglect, and exploitation; and the most effective mechanisms for intervention and prevention. Such efforts, and in particular interdisciplinary approaches to these common problems, are critical to improving care for the nation's older people and assisting millions of families and practitioners.

show abstract

Section: Legal Actions With a Potential Impact On Elder Self-neglectmentioning

confidence: 99%

Elder Self‐Neglect and the Justice System: An Essay from an Interdisciplinary Perspective

Connolly

2008

J American Geriatrics Society

Self Cite

View full text Add to dashboard Cite

show abstract

“…Successful prosecution requires expertise and collaboration across multiple disciplines (Brandl et al, 2006; Connolly, 2010; Payne, 2002); yet it is perhaps the most difficult outcome to obtain because social services, law enforcement, and medical providers typically have little opportunity to collectively seek justice (Heisler, 2012; Wilber & Reynolds, 1996). …”

Section: Discussionmentioning

confidence: 99%

“…Enhancing investigation skills among first responders can help build stronger criminal cases by avoiding missed opportunities for evidence collection (Connolly, 2010). Elder abuse MDTs create a place for law enforcement and other agencies to learn about elder abuse and how they can work better together in the field (Blowers et al, 2012).…”

Section: Discussionmentioning

confidence: 99%

“…The one fact that cuts across all states is that abuse is very rarely prosecuted (Gibson & Greene, 2013; Quinn & Heisler, 2002). Barriers include a lack of awareness of elder abuse and few resources to investigate complex financial crimes (Connolly, 2010; Miller & Johnson, 2003). In a survey of attitudes towards elder mistreatment, only 16 % of law enforcement officers stated that they received enough training in elder abuse (Payne & Berg, 1999), yet with the increased criminalization of elder mistreatment, law enforcement and criminal justice workers are expected to take a greater role in helping prevent and intervene in abuse allegations (Payne, Berg, & Toussaint, 2001).…”

Section: Elder Financial Exploitationmentioning

confidence: 99%

See 1 more Smart Citation

Prosecutors’ Perspectives on Elder Justice Using an Elder Abuse Forensic Center

et al. 2016

View full text Add to dashboard Cite

Prosecution is a rare outcome in elder financial exploitation. Previous studies have shown that elder abuse forensic centers—multidisciplinary teams that help investigate and respond to elder mistreatment—increase prosecution rates by enhancing teamwork across agencies. Research is needed to identify what aspects of this intervention model lead to better elder justice outcomes. Six District Attorneys (DAs) were interviewed about their experiences working with other agencies at an elder abuse forensic center (the “Center”) and how participating in case discussions influenced their professional perspectives on elder abuse. Transcripts were analyzed qualitatively revealing three themes: (1) “goal-driven” versus “mission-driven” professional orientations; (2) role blurring; and (3) value added from participating in the Center team. Important factors for increasing rates of prosecution were: (1) having key decision-makers present at the meeting; (2) the forensic expertise provided by the geriatrician and neuropsychologist; and (3) cross-discipline learning. Influenced by the other disciplines, DAs sought goals beyond prosecution as the default approach to resolving elder financial abuse and advocated for interventions that could best respond to the victim’s needs, such as restitution or protection.

show abstract

“…Abuse of such adults is an objectively important problem, whether the abuse takes the form of physical abuse, verbal abuse, theft, financial abuse, or neglect (see Harris, 1999;Page, Conner, Prokhorov, Fang, & Post, 2009;Post, Page, Conner, Prokhorov, Fang, & Biroscak, 2010;Rabiner, O'Keeffe, & Brown, 2004;Zhang et al, 2011). Background checks or criminal history screenings for those persons potentially working with vulnerable adults are among the potential protection mechanisms (see Connolly, 2010;Radcliff, White, West, Hurd, & Côté, 2013). The present study examines stakeholder perceptions of fingerprint-based criminal history background checks (hereafter "fingerprintbased background checks") for personal care workers (PCWs) as part of a pilot project in Michigan.…”

mentioning

confidence: 99%

Fingerprint-based background checks for personal care workers: Stakeholder views of policy criteria

Raile

Swierenga

Dennis³

et al. 2017

Journal of Elder Abuse & Neglect

View full text Add to dashboard Cite

Decision makers face difficult choices when tasked with identifying and implementing appropriate mechanisms for protecting the elderly and other vulnerable adults from abuse. A pilot project involving fingerprint-based criminal history background checks for personal care workers in Michigan has supplied an opportunity to examine one such mechanism. In conjunction with the pilot project, we have conducted a stakeholder analysis with the aim of informing decision makers about stakeholder perceptions of standard policy criteria like effectiveness, efficiency, and equity. We employed focus groups and a Web-based survey to collect data from stakeholders. While stakeholders generally see fingerprint-based background checks for personal care workers as potentially effective and as a net benefit, they also point to a variety of contingencies. They also recognize difficulties and constraints for government involvement. This preliminary analysis provides solid foundational information for decision makers and for more extensive benefit-cost analysis.

show abstract

Where Elder Abuse and the Justice System Collide: Police Power,Parens Patriae,and 12 Recommendations

Abstract: This article discusses the intersection of the justice system and elder abuse, arguing for a multidisciplinary framework for approaching the problem. It concludes with 12 recommendations for enhancing the justice system's response to elder abuse.

Cited by 29 publications

References 0 publications

Elder Self‐Neglect and the Justice System: An Essay from an Interdisciplinary Perspective

Elder Self‐Neglect and the Justice System: An Essay from an Interdisciplinary Perspective

Prosecutors’ Perspectives on Elder Justice Using an Elder Abuse Forensic Center

Fingerprint-based background checks for personal care workers: Stakeholder views of policy criteria

Contact Info

Product

Resources

About