‘The Accidental Tourist’: A Personal Narrative of the Evolution of Elder Abuse in the Criminal Justice System Distinguished Lecture Candace J. Heisler.

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‘The Accidental Tourist’: A Personal Narrative of the Evolution of Elder Abuse in the Criminal Justice System Distinguished Lecture Candace J. Heisler cjheisler@aol.com

The Context “No place for a woman” Law school Feminism 8% women “65 Club” Feminism “Not me!”

“In the Beginning” The Early 1970s The District Attorney’s Office Law Enforcement Environment Domestic Violence and Elder Abuse

Political Environment The Rise of Domestic Violence Accidental Tourist, Part 1 Legal Changes

Domestic Violence Legal Changes Felony DV Battery with Injury (Penal Code 273.5) Mandates and Training (Penal Code 13700, 13701, 13519) Then What Happened?

What does this all have to do with elder abuse?

The Early Days of Elder Abuse The Problem No Voices Demanding Justice Our Response “Be careful what you wish for”

Accidental Tourist, Part II Aging Imperative Basic Principles Victim safety Offender accountability Domestic Violence Tactics and Dynamics System Accountability

Confronting Myths and Misconceptions Victim “prosecutes” Victims are poor and unreliable witnesses Victims do not desire prosecution Elderly offenders “Not thrive in jail” Can’t send grandpa to jail Not dangerous

Addressing Justifications for Elder Abuse Stress “It’s civil” Victim’s fault

Lessons Learned Need for multidisciplinary response Mrs. F Value of specialized teams Criminal Justice System must work with civil bar Ms. D Need for good laws

Legal Changes Elder Abuse Crime (PC 368) Arrest authority (PC 836(d)) Restitution orders roll into civil judgments (PC 1214(b)) Trial setting priority (PC 1048) Right to support persons (PC 868.5) Admissibility of prior bad acts (Evidence Code 1109) Conditional examinations (PC 1335-1345)

Good Laws Are Not Enough Training Law Enforcement Prosecutors Advocates Court Officials Court Involvement and Awareness Effective Court Practices for Abused Elders (2008) Specialized victim-advocacy

No Criminal Law? Borrow or Import Child abuse MDT and Information sharing Framework for elder abuse (PC 368) Reporting Law Child Death Review Teams Criminal Law Strangulation Civil Law Restitution orders Undue Influence Depositions were model for conditional examinations

Challenges How big is the problem? No national definition Not in FBI’s NIBRS (National Incident-Based Reporting System)

Lack of specialized experts Challenges Lack of specialized experts Forensic centers Medical examiners, geriatricians, gero-psychiatrists and gero-psychologists Shrinking numbers of specialized law enforcement and prosecution units

"The moral test of government is how it treats those who are in the dawn of life, the children; those who are in the twilight of life, the aged; and those in the shadows of life, the sick, the needy and the handicapped." -Senator Hubert H. Humphrey at the dedication of the Hubert H. Humphrey building in Washington, DC, November 4, 1977