U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

LEGAL SYSTEM AND THE ELDERLY - 'JUSTICE FOR ALL?'

NCJ Number
61898
Author(s)
M A Y RIFAI
Date Published
1976
Length
48 pages
Annotation
THIS PAPER CRITICALLY REVIEWS LAWS THAT AFFECT THE INCOME AND MEDICAL CARE OF OLDER PERSONS AND HIGHLIGHTS THEIR DIFFICULTIES WITH THE CRIMINAL JUSTICE SYSTEM.
Abstract
MANDATORY RETIREMENT LAWS ARE A MAJOR SOURCE OF VICTIMIZATION FOR OLDER PERSONS WITHIN THE LEGAL SYSTEM. THE GRADUATED BENEFITS FROM SOCIAL SECURITY REDCUE MANY OLDER PERSONS TO POVERTY AND ENFORCED DEPENDENCY, AND THEIR APPLICATION PROCEDURES ARE OFTEN CUMBERSOME. CRITICS CLAIM THAT THESE AND OTHER PROVISIONS DISCRIMINATE AGAINST THE LOW-INCOME ELDERLY AND THOSE WITH EARNED INCOME. ELDERLY CONSUMERS ARE VULNERABLE TO UNFAIR CONTRACTS AND FRAUDULENT SCHEMES BUT HAVE LITTLE KNOWLEDGE OF PROTECTIVE LAWS AND TYPICAL CONFIDENCE GAMES. MEDICARE-MEDICAID WAS DESIGNED FOR ACUTE ILLNESS, WHEREAS APPROPRIATE LONG-TERM CARE IS A MAJOR CONCERN FOR THE ELDERLY. MOREOVER, ITS REIMBURSEMENT MECHANISMS HAVE ENCOURAGED INAPPROPRIATE NURSING HOME PLACEMENTS. PROTECTIVE SERVICES FOR ADULTS INVOLVE MANY COMPLEX ISSUES, LARGELY BECAUSE THE DEFINITION OF A CLIENT OR SERVICE IS IMPRECISE. LEGAL PROBLEMS FOCUS ON THE EXTENT THAT AGENCIES CAN USE LEGAL INTERVENTION TO SERVICE CLIENTS AND WHETHER THEY CAN EMPLOY COERCION TO ACCOMPLISH INTERVENTION. CURRENT LEGISLATION HAS FAILED TO PROTECT PATIENTS IN NURSING HOMES FROM POOR TREATMENT AND LOSS OF INDIVIDUAL RIGHTS. PROBLEM AREAS IN THE CRIMINAL JUSTICE SYSTEM'S IMPACT ON ELDERLY CITIZENS ARE THE EFFECTS OF CRIME ON ELDERLY VICTIMS, VICTIM SERVICES, AND CITIZEN PARTICIPATION IN CRIME CONTROL EFFORTS. APPROXIMATELY 50 REFERENCES ARE PROVIDED.