Encyclopedia of Psychology and Law

included those in which a daughter throws a frying

pan at her mother, a daughter threatens to poison her

mother’s food, a daughter withholds money belong-

ing to her mother, and a daughter refuses to take her

mother to a doctor’s appointment. Students also

answered questions about their relationships with

their grandparents. Results showed that students

found caregiver abuse to be more justifiable when the

older adult was portrayed as being agitated or senile

but less so when the older adult was helpless.

Students who reported closer contact with their own

grandparents found more instances of abuse to be

unjustifiable than those students who did not main-

tain close ties with grandparents.

Psychologists have increasingly been part of inter-

disciplinary teams of professionals involved in the

prevention and treatment of victims of elder abuse.

Important to the definition of elder abuse and to the

design of services and care programs, psychologists

have helped improve prevention and treatment

efforts. Those with psychology and law training have

the potential to make the greatest impact. In addition

to the need for more funding and staff, state adult

protective agencies reported in a 2004 survey that

they had a pressing need for training. Specifically,

they cited that forensic interviewing, cross-training

with professionals in the legal system, and improved

law enforcement were critical to improving services

for their clients. Clearly, increased and continuing

funding and research are needed in all areas of elder

abuse to help ensure the health and well-being of

vulnerable elders.

M. Cherie Clark and Paul W. Foos

See also Financial Capacity; Guardianship; Proxy Decision

Making

Further Readings

American Bar Association Commission on Law and

Aging. (2005). Information about laws related to

elder abuse.Available at http://www.ncea.aoa.gov

Lachs, M. S., & Pillemer, K. (2004). Elder abuse. Lancet,

364,1192–1263.

National Center on Elder Abuse. (2005). Fact sheet: elder

abuse prevalence and incidence.Available at

http://www.ncea.aoa.gov

U.S. Administration on Aging. (2006). Elders rights and

resources.Retrieved July 17, 2007, from http://www

.aoa.gov/eldfam/Elder_Rights/Elder_Rights.asp

ELDERLYDEFENDANTS

As the average life span increases, the population of

elders involved in the court system grows. Thus, there

has been some concern about how elders are treated

when in court, in prison, and on death row.

Elders on Trial

Although research is limited, some studies have shown

that elders are perceived to be less credible as wit-

nesses, perhaps because the accuracy of their memory

is in doubt. There is also scant research as to how elders

are treated when they are defendants. Anecdotal evi-

dence suggests that age may affect the decisions of

some jurors and judges. In 2006, 89-year-old George

Weller was on trial for driving his car through a farm-

ers’ market and killing 10 people. The jury found him

guilty of manslaughter, which was the most severe of

their verdict options. Several members of the jury told

the media that the jury had decided that the defendant’s

age should not affect their verdict. The judge sentenced

him to probation, noting that Weller’s frail health would

pose difficulties for the prison system. Furthermore, the

judge feared that Weller’s health would suffer if he was

sent to prison. Thus, both jurors and the judge com-

mented on the defendant’s age when discussing their

decisions. In a second case, 86-year-old Edgar Killen

was on trial in 2005 for killing three men in 1964.

During voir dire, the prosecutor asked potential jurors

whether the defendant’s age or health would affect their

decisions. The jury rejected the murder charges and,

instead, found the defendant guilty of manslaughter.

The judge awarded Killen the maximum sentence of 60

years. In his official opinion, the judge recognized that

the lengthy sentence was essentially a life sentence but

noted that age is not a factor in sentencing. As these

cases illustrate, age could be influential in determining

the outcome of a trial in some cases. Research is needed

to determine if age has a statistically significant effect

on trial outcomes.

Elders in Prisons

In recent years, the number of elderly prisoners has

grown. This has led to concern that prisons are ill

equipped to meet the special needs of elders, such

as special dietary needs and those arising from physi-

cal limitations. Prisons have implemented a variety of

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