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Attitudes of the Elderly Toward the American Legal System

NCJ Number
74188
Author(s)
M C Sengstock; J Liang
Date Published
1979
Length
23 pages
Annotation
Following a review of research on victims' treatment by the courts, data collected from the National Opinion Research Surveys (NORS) conducted between 1972 and 1977 are analyzed concerning the attitudes of the elderly toward the justice system.
Abstract
Because courts have been established to deal primarily with offenders, the victim has been neglected. Research studies have shown that the status of the victim has some effect on the outcome of the legal process, and that when a victim is attractive, respectable, or of high prestige, the case is less likely to be dropped. Prosecutors, however, face a dilemma in cases involving elderly persons or children where the victims are pathetic and in need of protection, but make poor court witnesses. An analysis of victim's responses to their court experiences found that most were relatively satisfied and discovered no significant differences between the elderly and other age groups. Victim advocacy programs could help elderly individuals during the judicial process, but are opposed by many judges and prosecutors. In the General Social Surveys conducted by the NORC, attitudes toward the legal system were measured by opinions on the harshness of court decisions, expenditures on a national level to halt crime, and extreme crime control measures, principally capital punishment. Analysis of the responses indicated that elderly persons were more likely to think that the courts were not harsh enough, although this attitude was also characteristic for persons who were white, married, and had higher incomes. Attitudes for all groups toward expenditures on crime prevention and control varied from year to year, and no consistent pattern was discovered. The elderly, along with whites, the less educated, and city dwellers were more favorable toward the death penalty. A comparison of victim and nonvictim attitudes based on the 1966 NORS victimization survey did not reveal any differences in approval of defendants' rights to legal counsel during police questioning. Respondents were also asked if they had a family lawyer. Males were more likely than females to have an attorney, and victims were less likely than nonvictims to have legal advice available. Tables and 17 references are provided.