ELDERLY MISUSE AND THE SIGNS

Elderly Abuse and the Signs

Elderly Abuse and the Signs

Defining Elder Abuse

Elder misuse is an underdeveloped locality of study. Part of the problem inhibiting the development of research in this area hinges on the lack of uniform definitions of elder about. Generally speaking, elder abuse can be defined in several ways:

Elder misuse as a violation of the lawless person law

Elder abuse as a violation of regulatory law

Elder misuse as a communal construction

Elder misuse as communal Harm

Elder Abuse as a Violation of the Criminal Law

In considering elder abuse as a violation of the criminal law, one can evaluate how elder abuse is criminally defined across the United States. The criminalization of elder abuse is a relatively recent phenomenon. This criminalization involves a surge of criminal justice activity in an effort to apply criminal laws in the area of elder abuse. Criminal laws related to elder abuse can be characterized in three ways. These include (1) laws penalizing offenders for crimes against older individuals, (2) laws specific to the treatment of older persons, and (3) general criminal statutes. First, laws that penalize offenders for crimes against older persons are criminal statutes that call for increased penalties for crimes against persons over a certain age. Known as penalty enhancement laws, they provide for stiffer penalties for individuals who victimize older persons. For example, if an offender robs a 30-year-old victim, the recommended penalty might be 5 years in prison. However, if that offender robs an 80-year-old victim, the penalty might be 8 years.

Elder Abuse as a Violation of Regulatory Law

Elder abuse can also be conceptualized as a violation of regulatory law. Indeed, there may be instances when an institution or agency harms an older person. In these cases, it is rare that criminal statutes are used to govern or ...