The Role of the Criminal Justice System in Addressing ...
Transcript of The Role of the Criminal Justice System in Addressing ...
The Role of the Criminal Justice System in Addressing Elder Abuse Perpetrators
Candace Heisler, Heisler & Associates Shelly L. Jackson, Consultant, Elder Justice Initiative
Karl Urban, Research Manager, APS TARC
June 29, 2021
DisclaimersCandace Heisler
Some of the content of Ms. Heisler’s presentation is taken from NAPSA Core Competency 22 “Working with the Criminal Justice System” which Ms. Heisler wrote. It is available at https://theacademy.sdsu.edu/programs/apswi/core-competency-areas/working-with-the-criminal-justice-system-instructor-led-training/
Shelly L. Jackson The opinions, findings, and conclusions or recommendations expressed do not
necessarily represent the official position or policies of the U.S. Department of Justice.
Karl Urban The National Adult Maltreatment Reporting System (NAMRS) and the Adult Protective
Services Technical Assistance Resource Center (APS TARC) are a project of the U.S. Administration for Community Living, Administration on Aging, Department of Health and Human Services, administered by the WRMA, Inc. Contractor’s findings, conclusions, and points of view do not necessarily represent U.S. Administration for Community Living, Administration on Aging, Department of Health and Human Services official policy.
Adult Protective Services Technical Assistance Resource Center 2
About the APS TARCThe mission of the APS TARC is to enhance the effectiveness of state APS programs by:Supporting federal, state, and local partners’ use of data and analytics, Applying research and evaluation to practice, andEncouraging the use of innovative practices and strategies.
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Peer to Peer Calls
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Have you ever wished that you could tap into the expertise of other APS workers, supervisors or state administrators who are struggling with the same issues and concerns that you deal with daily? The APS TARC provides Peer to Peer calls for workers, supervisors and managers/state administrators.
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Administrators’/Managers’ Call: The 4th Wednesday of each month
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Quick Attendee PollWhich of the following do you identify the most with?Adult Protective Services ProfessionalOther Social Services ProfessionalMedical ProfessionalLegal ProfessionalOther
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Our Speakers
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Candace HeislerHeisler & Associates
Shelly JacksonConsultant
Elder Justice Initiative
Karl UrbanSr. Research Manager
APS TARC
Workshop Objectives
• Understand the roles and goals of the criminal justice system in cases of elder abuse
• Recognize the potential of perpetrator and interagency coordination data in guiding the criminal justice system in assessing cases
• Describe the importance and role of community partners in addressing the needs of perpetrators whose cases are referred to the criminal justice system
• Identify ways APS programs can use and improve data collection about perpetrators and interagency coordination
Overview of Criminal Justice System and Prosecutor FunctionCandace Heisler
Poll Question
What has been your experience sending cases to the prosecution?
Never sent a case to a prosecutor
Have sent cases I thought should be prosecuted but they have never been prosecuted
Have sent cases that I thought should be prosecuted and at least some have been filed
All cases I have sent have been filed
ABA Standards Related to the Prosecution Function
“The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances…” (3-1.2)
National Institute on the Prosecution of Elder Abuse
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The Prosecutor Is NOT
• The lawyer for APS• The lawyer for law enforcement• The lawyer for the victim• The lawyer for the perpetrator
• The prosecutor’s duty is to the community
Proving Cases: APS vs. Prosecution
Adult Protective Services• Investigate to determine eligibility, risk,
and harm reduction• Use (typically) preponderance
standard* • Every element of definition of abuse
• Don’t have criminal admissibility standards for information/ evidence (e.g., hearsay, 4th, 5th Amendments to US Constitution)
*States may use higher standards for perpetrator registry
Prosecution• Do not (typically) investigate• Use beyond a reasonable doubt
• Every element of the crime
• Evidence must be admissible under rules of evidence and US and State Constitutions, Tribal Codes
Prosecutor’s Decision to
Proceed: “Could I, Should I”
Has a crime occurred and can very element be proven beyond a reasonable doubt• Factual and objective process• Legal standard—beyond a reasonable doubt• Analysis
• Is there sufficient admissible and credible evidence and witnesses to prove every element?
• What are the likely defenses? Does the available evidence refute those defenses?
• If no, cannot proceed with case
If yes,
• Considerable discretion to decide whether and what to charge
• What is in “interests of justice”?
Could I, Should I?
Should the case be prosecuted?
• Even if charges can be filed, prosecutors should exercise sound discretion in charging decisions to assure that prosecution serves the interests of justice• What end does prosecution serve?
What is weighing process for the “Interests of justice”?• Honoring the Victim’s voice -- Victim’s wishes, preferences,
reasons• Perpetrator’s situation and relationship with victim• Nature of offense• Does abuser pose a danger to the community?• Does prosecution communicate a message of offender
accountability to community and/or prevent other abuse?
Resolving the Case If case should be filed, how should case be resolved? What meets….• Victim’s needs and wishes? • Community’s needs and expectations? • Defendant’s needs?
What are the options?• Incarceration (jail, prison)• Probation • Community rehabilitation • Restitution before case is filed or
before plea• Mental health commitment or
proceedings in lieu of prosecution (e.g., guardianship)
• Restorative justice • Civil restraining order• Specialized courts• Diversion
Offender Needs
Community Needs
Victim’s Needs
Thoughts for APS - APS role is critical
• Follow law and policy in referring cases to criminal justice agencies
• Have realistic expectations about your goals and expectations
• Prosecutor may have similar goals for a case but may have different approaches and tools
• Meet with prosecutor in advance to discuss case and whether it can and should be filed
• Value of case review process, such as an MDT• Benefits of relationships and communication with
LE and prosecutors• Office priorities and resource
Perpetrators in the Criminal Justice ContextShelly L. Jackson
Abuser Psychopathology Theory(Pillemer, 2005)
Criminalization of Elder Abuse(Heisler, 2000; Kohn, 2012)
Gerontology/Social Work
Criminology
Victims(excludes elder abuse offenders)
Offenders (excludes elder abuse offenders)
Burnes et al., 2020
Why are we interested in offenders?
Offender
Victim
Context
RelationshipAbuse Intervention Model
Mosqueda et al., 2016
ELDER ABUSE OFFENDER TYPOLOGIES
Anetzberger (1987)• Hostiles• Authoritarians• Dependents
Ramsey-Klawsnik (2000)• Overwhelmed• Impaired• Narcissistic• Domineering/bullying• Sadistic
DeLiema, et al. (2017)• Caregiver • Temperamental• Dependent caregivers• Dangerous
Santos, et al. (2019)• Physical by children/grandchildren• Physical IPV• Physical and psychological by
children• Polyvictimization by others• Physical abuse by others• Physical and psychological IPV
Typology Intervention
EXAMPLES OF CRIMINAL JUSTICE RESPONSES
• Innovative (new) responses
• Incarceration (& Parole)
• Restraining Order
• Probation
• Specialty Courts
• Diversion Programs
• Batterer Intervention Programs
• Restorative Justice
• Referral to Community Partners
Adult Protective Services Prosecutors
Pet Foster Care
Health Care
Capacity Assessment
Civil Legal
HousingFinances
Social Support
Criminal Justice
Nutrition
Victim Safety & Recovery
(Brandl et al. 2006)
Criminal Justice
Mental Health
Substance Abuse
Probation
Incarceration
Job Training
Housing
Social Support
Health Care
Respite Care
Offender Accountability
& Services
Adult Protective Services Criminal Justice System
Offender
Victim
Context
RelationshipAbuse Intervention Model
Mosqueda et al., 2016
Poll Question
Are you a member of or participate on an MDT?
• Yes • No• Not sure
elderjustice.gov
elderjustice.gov/mdt
NAMRS Perpetrator and Law Enforcement Referral DataKarl Urban
Data Overview and Limitations
Data Source: FFY 2200 National Adult Maltreatment Reporting System (NAMRS) collects data on perpetrators and on law enforcement referrals Data Lens: NAMRS collects data from state APS programs on APS cases. The lens for NAMRS data is APS not Criminal Justice. Data Completeness: NAMRS has gaps in perpetrator and especially law enforcement referral data.
• We only included data for perpetrators which was complete enough for analysis
• Data for law enforcement referrals is a small sample so it should not be considered representative of all APS programs
NAMRS Perpetrator Completeness of DataData Element Completeness of Data
Age Good
Gender Identity Good
Disabilities Poor
Behavioral health conditions Poor
Kinship Fair
Type of Caregiver Poor
Cohabitation Poor
Substitute Decision-Maker Poor
Legal Remedies Sought Poor
Perpetrator Demographic Information
Source: NAMRS, 2020. Case component data from 29 states. Perpetrators with unknown (missing) data were excluded.
Perpetrator Demographic Information
Percent of Perpetrators by Gender
Female Male Transgender
Source: NAMRS, 2020. Case component data from 29 states. Perpetrators with unknown (missing) data were excluded.
National Perpetrator Kinship Relationship by Maltreatment Type: % Known Cases
Maltreatment Type ChildDomestic partner Grandchild Grandparent Parent Sibling Spouse Other relative Not Specified No Kinship
Abandonment 11% 0% 2% 0% 6% 4% 8% 5% 2% 62%
Emotional abuse 29% 1% 6% 0% 4% 2% 15% 16% 3% 23%
Financial exploitation 26% 1% 5% 0% 2% 2% 2% 13% 8% 40%
Neglect 21% 1% 2% 0% 7% 3% 12% 9% 5% 41%
Other exploitation 22% 1% 6% 0% 2% 1% 3% 25% 7% 34%
Physical abuse 26% 2% 6% 0% 5% 3% 17% 10% 3% 27%
Sexual abuse 1% 1% 0% 0% 10% 4% 7% 10% 7% 60%
Source: NAMRS, 2020. Case component data from 29 states. Perpetrators with unknown (missing) data were excluded.
Poll Question
What percent of APS cases nationally do you think are referred to law enforcement?• 0 – 10%• 10 – 50%• 50 – 75% • 75 – 100%
Law Enforcement Referral Data
Overview
• NAMRS collects data on “Interagency Coordination” for referrals to law enforcement or prosecutorial offices (referred to as law enforcement referrals), protection and advocacy programs, long-term care ombudsman, among others
• Interagency coordination was provided to 50% of clients, although specific agency not identified for 66% of clients
• Overall, the percent of clients referred to law enforcement was 7.5% nationally and the highest state was 55%.
Gender of All Clients and Clients Referred to Law Enforcement/Prosecutor
Notes: NAMRS 2020. Case component data from 21 states.
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0%
Female
Male
Transgender
Chart Title
All Clients Referred Clients
Age of All Clients and Clients Referred to Law Enforcement/Prosecutor
Notes: NAMRS 2020. Case component data from 21 states.
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0%
Age 18-29
Age 30-39
Age 40-49
Age 50-59
Age 60-69
Age 70-74
Age 75 through 84
Age 85 and older
All Clients Referred Clients
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0% 45.0%
Abandonment
Emotional abuse
Exploitation (non-specific)
Financial exploitation
Neglect
Other
Other exploitation
Physical abuse
Self-neglect
Sexual abuse
All Clients Clients Referred
Maltreatment Type of All Clients and Clients Referred to Law Enforcement/Prosecutor
Notes: NAMRS 2020. Case component data from 21 states.
FUTURE DIRECTIONS AND RESEARCH
• Improve NAMRS Perpetrator and Interagency Coordination Data
• Complement NAMRS Data (CDC, 2016; Dion et al., 2020; Burnes et al., 2020)
• Description of cases (Rosen et al., 2019)
• Analysis of different time periods (Morgan et al., 2017, Daly et al., 2017)
• Comparison of jurisdictions (Dion et al., 2019)
• Impact of the CJS on offenders (and victims) • Develop innovative (new) responses• Offender services• Deterrence theory• Recidivism • Accountability
So What?
• It is important for APS to understand how prosecutors analyze cases for charging and resolution
• In seeking justice, prosecutors are guided by victim needs and preferences, community needs, and offender accountability
• APS and the criminal justice system are natural allies and have complementary roles that can ensure well-being of APS clients
• To address APS client safety and other concerns, it may be necessary to address offender needs
• MDTs are valuable and powerful resources for both systems for meeting victim, community, and offender needs
• NAMRS can provide valuable information but we need to work together to address data gaps to improve the value of the data
KEY TAKEAWAYS
Discussion QuestionWhat are the implications of what we have discussed for your work?
References• Anetzberger, G. J. (1987). The etiology of elder abuse by adult offspring. Charles C Thomas, Publisher.
• Brandl, B., Dyer, C. B., Heisler, C. J., Otto, J. M., Stiegel, L. A., & Thomas, R. W. (2006). Enhancing victim safety through collaboration. Care Management Journals, 7(2), 64-72.
• Burnes, D., MacNeil, A., Nowaczynski, A., Sheppard, C., Trevors, L., Lenton, E., ... & Pillemer, K. (2020). A scoping review of outcomes in elder abuse intervention research: The current landscape and where to go next. Aggression and Violent Behavior, 101476.
• Burnes, D., Kirchin, D., Elman, A., Breckman, R., Lachs, M. S., & Rosen, T. (2020). Developing standard data for elder abuse multidisciplinary teams: Acritical objective. Journal of Elder Abuse & Neglect, 1-8.
• DeLiema, M., Yonashiro-Cho, J., Gassoumis, Z. D., Yon, Y., & Conrad, K. J. (2018). Using latent class analysis to identify profiles of elder abuse perpetrators. The Journals of Gerontology: Series B, 73(5), e49-e58.
References-2• Dion, S., Gogia, K., Elman, A., Clark, S., Ulrey, P., Connolly, M. T., ... & Wartell, J. (2020). Developing a rigorous, systematic methodology to identify and categorize elder mistreatment in criminal justice data. Journal of Elder Abuse & Neglect, 32(1), 27-45.• Heisler, C. J. (2000). Elder abuse and the criminal justice system: New awareness, new responses. Generations: Journal of the American Society on Aging, 24(2), 52-58.• Kohn, N. A. (2012). Elder (in) justice: A critique of the criminalization of elder abuse. Am. Crim. L. Rev., 49, 1.• Mosqueda, L., Burnight, K., Gironda, M. W., Moore, A. A., Robinson, J., & Olsen, B. (2016). The abuse intervention model: A pragmatic approach to intervention for elder mistreatment. Journal of the American Geriatrics Society, 64(9), 1879-1883.• Pillemer, K. (2005). Elder abuse is caused by the deviance and dependence of abusive caregivers. In D. R. Loseke, R. J. Gelles, & M. M. Cavanaugh (Eds.), Current controversies on family violence (2nd ed., pp. 207-220). Thousand Oaks, CA: SAGE.• Ramsey-Klawsnik, H. (2000). Elder abuse perpetrators: A typology. Generations, 24(2), 7-22.
References - 3
• Rosen, T., LoFaso, V. M., Bloemen, E. M., Clark, S., McCarthy, T. J., Reisig, C., ... & Sharma, R. (2020). Identifying Injury Patterns Associated With Physical Elder Abuse: Analysis of Legally Adjudicated Cases. Annals of Emergency Medicine.
• Rosen, T., Bloemen, E. M., LoFaso, V. M., Clark, S., Flomenbaum, N. E., Breckman, R., ... & Pillemer, K. (2019). Acute precipitants of physical elder abuse: qualitative analysis of legal records from highly adjudicated cases. Journal of interpersonal violence, 34(12), 2599-2623.
• Santos, A. J., Nunes, B., Kislaya, I., Gil, A. P., & Ribeiro, O. (2019). Elder abuse victimization patterns: latent class analysis using perpetrators and abusive behaviours. BMC geriatrics, 19(1), 117.
Feedback and ContactShelly L. Jackson
[email protected] Urban
Candace Heisler [email protected]
https://apstarc.acl.gov/[email protected]