In deciding on public policy regarding crimes by the elderly, policymakers must determine whether the problem as portrayed by criminal justice professionals, the media, and researchers is a fact supported by empirical data or an artifact constructed by institutions and agencies. The constructionist argument is that there has been no significant change in the crime rate of the elderly, while criminal justice agencies, the mass media, and scholars have focused on the crimes of the elderly out of self-interest. The traditionalist argument, on the other hand, is that the increased attention to crimes by the elderly reflects actual increases in crimes committed by this age group. A review of Index crimes committed by persons 65 years old and older for 1965-84 as published by the Federal Bureau of Investigation shows a 322-percent increase in crimes of the elderly. This effect is quelled, however, when the increase is viewed as part of total Index crimes. This perspective shows that the elderly are almost 12 percent of the population but commit less than 1 percent of the total Index crimes. Since the interest in the crimes of the elderly has significantly surpassed the seriousness of the problem, the constructionist argument is supported. The problem still warrants public concern, however. 2 tables, 1 figure, and 3 notes.