An aging offender or an elderly offender is an individual over the age of 55 who breaks the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
or is in
prison
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
. The numbers of elderly individuals breaking the law and being placed in prison is increasing, and presents a number of problems for correctional facilities in terms of health care and provision, as well as mental, social and physical health and healthcare issues for the inmates themselves. Incarceration also tends to accelerate the aging process.
History of the concept
The First Annual Conference on Elderly Criminals took place in 1982 in
Albany, New York
Albany ( ) is the List of capitals in the United States, capital city of the U.S. state of New York (state), New York. It is located on the west bank of the Hudson River, about south of its confluence with the Mohawk River. Albany is the oldes ...
. This, along with the dates of a number of investigations into the issues surrounding aging offenders, highlights the issue as one that has come to notice only recently. This is mainly a result of general views of criminologists that age has no impact on offending, and that offenders tail off as age increases. This issue is also compounded due to the vague definition of the term "old" in a quantitative state.
Early investigations in 1984 were the earliest into links between age and crime, investigating rates of murder, abuse and theft through different age ranges. Concerns over differing sentences for those of different ages were also raised. Criminal Justice System officials of
Maryland
Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
in the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
recorded a rise in the percentage of inmates over 55 from 4.9% to 6.8% between 1990 and 1997, and in 2001 Maryland predicted that 225,000 elderly offenders would be incarcerated by 2005.
[Aging Offenders and the Criminal Justice System](_blank)
Maryland State Commission, retrieved June 22, 2007 Again by 2001, the
National Institute of Corrections
The National Institute of Corrections (NIC) is an agency of the United States government. It is part of the Federal Bureau of Prisons.
History
The NIC was created by the United States Congress in 1974, based on the recommendation of the Nationa ...
recorded that 23 of the 50 Departments of Corrections across the US provided for elderly inmates.
Issues of an aging prison population
The US National Institute of Corrections identified a number of issues relating to an aging prison population structure, including both physical and mental health, death, nutritional problems, the social and emotional needs of elderly inmates, and the need to recognise differences between normal aging and aging accelerated by being in prison.
Health
Health care is identified as a paramount concern,
[Wahidin p. 183] because in many countries elderly inmates do not qualify for state funded healthcare, with the US National Institute of Corrections identifying that inmates over 60 cost three times more than those of a younger age to house in prison.
It was calculated in 2006 that prisoners over the age of 55 on average suffer from three chronic ailments for which continual medication is required.
Such issues were highlighted in both Maryland,
Iowa
Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...
and
Utah
Utah is a landlocked state in the Mountain states, Mountain West subregion of the Western United States. It is one of the Four Corners states, sharing a border with Arizona, Colorado, and New Mexico. It also borders Wyoming to the northea ...
State corrections reports for 2001, 2004 and 2006 respectively. The latter recorded an increase from 3.5% to 5.2% of the total prison population being classed as elderly offenders. A total of 13% was calculated for 2010, with Utah also concluding that medical care would be the most costly problem of the aging prison structure.
The Alberta Law Foundation Situational Report of 1995 also stated that: "aging is an ongoing process and is effected by cultural and environmental experiences that may influence coping, adaptation and behaviour. Incarceration tends to accelerate the aging process"
[Armstrong-Ester, D. & Armstrong-Ester, C. (1995). ''Crime and the elderly: The extent and type of elderly offending and its possible effect of the administration of justice'' Alberta Law Foundation Situational Report - 1995.]
Adjustment
Surveys conducted of criminals over the age of 55 being imprisoned for the first time revealed higher stress rates and a greater difficulty to adjust. This is both due to the culture shock, and overcoming the difficulties of having led a criminal-free life for a longer period of time and thus finding it more difficult to come to terms with breaking the law.
[Aday p. 115] Physical weakness or mental fragility in relation to younger inmates, and the fact that offenders are cut off from their families can also have a great impact on aging offenders.
Evolution of criminal tendencies
In many cases, as the age of an offender increases the likelihood of re-offending decreases, as the elderly are less capable of coping with a criminal lifestyle and grow tired of being punished.
[Kastenbaum p. 103] However, as a criminal ages the type of crime can evolve, with crimes such as embezzlement, fraud, gambling and drunkenness either being unlimited by age or peaking when a criminal is of the age of 50 or above.
Notes
References
* Aday, Ron H. ''Aging Prisoners: Crisis in American Corrections'', 2003
* Chaneles, Cathleen Burnett ''Older Offenders: Current Trends'', 1989
* Kastenbaum, Robert ''Encyclopedia of Adult Development'', 1993
* Wahidin, Azrini ''Ageing, Crime And Society'', 2006 {{ISBN, 1-84392-152-9
Criminology
Age and society