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Elder Justice Viewpoints

Restorative Justice and Elder Abuse: A Promising Match?

3/20/2019

2 Comments

 
Restorative-Justice (RJ) is a form of justice that recognizes that abuse is a violation of people’s relationships rather than only a violation of formal law. Its focus is on healing ruptured relationships between victims, offenders and others involved. The typical response to abuse has been retributive, which assumes that only by punishing offenders can the problem be resolved. The reality is that punishment alone does little to repair damaged relationships or restore peace. If anything, punishment aggravates relationships and rarely heals victims' wounds or improves offenders' behavior. Many offenders blame their victims for reporting crimes and  seek revenge after completing their sentences. Not only is this not in victims' or offenders' best interests, it does not serve the needs of society.
...punishment alone does little to repair damaged relationships or restore peace. If anything, punishment aggravates relationships and rarely heals victims' wounds or improves offenders' behavior. Many offenders blame their victims for reporting crimes and  seek revenge after completing their sentences. Not only is this not in victims' or offenders' best interests, it does not serve the needs of society.
The roots of RJ are found among many of the world's indigenous people. To survive, these groups need methods to deal with internal strife so that after conflicts are resolved, resulting in a lasting peace. The methods often cited are family group meetings of the Maoris of New Zealand and the tribal circles of many American Natives. In both methods, those affected--victims, offenders, their families, witnesses and those of the larger social group (stakeholders)--take part in special gatherings. The primary objectives are to provide open forums with full disclosure of what caused the conflict, what actually happened, how the abuse affected those involved; and finally, what is needed to restore relationships for a lasting community peace. Typically, negotiations take place which allow all the stakeholders to propose how to repair the harm done. Usually the focus is on “how to make whole that which had been broken.” Apology, forgiveness, compensation, mediation and restitution are major parts of these discussions. All participants are given the chance to speak, and ultimately, mutually agreed-to solutions are found. Modern-day RJ practices, which embody these same principles, have been adapted and successfully applied in the USA, Canada, Australia, and New Zealand.
Usually the focus is on “how to make whole that which has been broken.” Apology, forgiveness, compensation, mediation and restitution are major parts of these discussions. 
The question is, how can Restorative Justice principles and practices be applied today, especially for Elder Abuse responses? RJ philosophy, principles and practices have been put into action in collaboration with many justice systems; however, usually outside of formal systems. Responses to elder abuse include the use of mediation (see the Center for Social Gerontology, Inc. (TCSG) and the Elder Mediation Program in Ann Arbor, Michigan) and conferencing (see the Restorative Justice Approaches to Elder Abuse Project in the Waterloo region of Ontario and the S’Klallam Tribe in Seuim, Washington). I think, these applications move us much closer to real elder justice. Obviously, these applications are challenging to implement as they are major paradigm shifts away from retributive models. My take is, if we want to see real change and restoration, we must embrace and commit to these concepts and actions. Even though the benefits of RJ are obvious, another challenge is how to cope with systemic resistance. In addition to organizational activism, to reach these objectives, innovative attempts must include a high amount of “frustration tolerance.” Collaborations between new ideas and traditional justice can be tough. 

In Fresno, California we have been trying to implement a model with the possibility to include restorative justice options when appropriate. Ten years ago, we created an NGO to establish a special emergency shelter for elder victims in imminent danger with immediate protection with an RJ option. Elder Abuse Services, Inc. (EASI) was formed as the vehicle to bring these ideas to fruition. We discovered that all but one city (Sacramento) in California had such a dedicated facility! We also learned that a significant number of elder abuse cases existed where such a shelter was needed. However, currently victims are either placed in a cheap hotel room, temporarily shuttled off to a friend or relative or encouraged to “tough it out” at home. These cases rarely self-correct and often end up with the victim taking to the streets and becoming homeless or suffering further abuse sometimes leading to premature death. These are not rational solutions. Our plan is to provide a victim with a safe-haven and social services up to 90 days in collaboration with local prosecutors to find a solution and, if appropriate, with an RJ option. Despite consensus on the need for such a program and support for our objectives, we have not yet been successful in our search for resources. We are passionate about our cause and dedicated to our mission. We believe that all elders deserve to live out their golden years with self-reliance and dignity. I am sure that with this model EASI and other like-minded programs could fill this glaring gap in elder abuse services. Please visit our website: www.easi-fresno.org.

About the author

John Dussich

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John Dussich was Criminology Professor Emeritus at California State University, Fresno and the creator/founder of the National Organization for Victim Assistance (NOVA), which he launched in Fresno in 1976 serving as Executive Director for four years. He also served as founding Secretary General and President of the World Society of Victimology (WSV).  He served in the US Army for 29 years in the Military Police Corps, retiring as full Colonel, and taught for 20 years in Japan where he was also creator/director of the Tokiwa International Victimology Institute (TIVI) and editor-in-chief of its journal, International Perspectives in Victimology. He created the Mito Victim Support Center in Japan (now called the Ibaraki Victim Support Center). 

As a crisis responder, John has logged hundreds of volunteer hours in disasters around the world. He has published 16 books, 106 articles and made 203 presentations, the bulk of which have been on victim support and victimology. His most recent international work was as chair of the WSV’s United Nations Liaison Committee for victims’ rights. On April 12th, 2016, he received the Ronald Reagan Public Policy Award from the US Attorney General.
2 Comments

How Not to Be a Victim: Remembering Jenny

2/18/2019

7 Comments

 
By Georgia Anetzberger, PhD, ACSW
A friend of mine died last year. I’ll refer to her as “Jenny”.  Some of us might ask ourselves, “How was it that Jenny didn’t become a victim of elder abuse?”  By most accounts, she should have.  After all, towards the end of her life Jenny was the embodiment of many established elder abuse risk factors.  For self-neglect, these included frailty, functional limitations, living alone, and lack of a primary caregiver. For elder mistreatment, these included physical disability, impairment, or frailty along with advanced age.  Yet, Jenny managed to reside alone in her home of decades until age 89, when she elected to move into a hospice facility for her final weeks.  She was able to live life on her own terms, because Jenny also possessed protective factors from elder abuse, the most important of which are described below.
How was it that Jenny didn’t become a victim of elder abuse?”  By most accounts, she should have.

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Turning the Corner on LTSS for California Seniors ?

12/10/2018

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When I learned that Senator Pan,  Chair of the Senate Budget Health and Human Services Subcommittee, had scheduled  the informational hearing “The State of Long-Term Services and Support for California Seniors," I thought, maybe we "doom-sayers" had turned a corner in achieving legitimacy! What else could it mean when you had advocates and State officials who provide many of the services utilized by older adults coming together at the request of the Legislature? I choose to believe the November 15th hearing is a sign that the State Legislature is poised to address long-term services and supports (LTSS) as a priority and an indication of much-needed political will.

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Resources on Undue Influence

10/31/2018

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To our readers.

​Our June 15 post, UNPACKING UNDUE INFLUENCE by Mary Joy Quinn, has continued to generate requests for advice on specific cases in which undue influence is suspected. While we welcome comments, we are unable to consult or advise on specific circumstances or cases. In response to the high level of interest in this topic, we are providing the following resources.
  • The National Center on Law and Elder Rights  provides advice and resources to lawyers and professionals over e-mail or the telephone. The ABA Commission on Law and Aging provides subject matter expertise to the Center on elder abuse issues, including undue influence.
  • The National Academy of Elderlaw Attorneys has a national lawyer referral service that helps people find attorneys with special expertise around the country.
  • Local legal assistance programs for the elderly. Every community has a program of free legal services for older adults. To find one near you, go to the ElderCare Locator.
  • Bar Associations. Some local and state bar associations offer referrals and free or affordable legal assistance. 
  • You can find general information on our Undue Influence Toolkit page.
Please let us know if you are aware of other resources for helping victims of undue influence.
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Creating A National Network of State Elder Justice Coalitions

10/16/2018

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In March 2017, CEJC's National Elder Justice Advocates Academy hosted "Building an Elder Justice Movement State by State," a panel featuring representatives from five state elder justice coalitions* at the annual conference of the American Society of Aging in San Francisco. As is often the case, the planning and lead-up turned out to be as engrossing as the event itself. Georgia Anetzberger, Iris Freeman, Paul Caccamise, Risa Breckman, and I used the opportunity to catch up on how our groups were coping with the unnerving setbacks and threats to elder justice we're witnessing and to marvel at unforeseen opportunities.

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UNPACKING UNDUE INFLUENCE

6/15/2018

2 Comments

 
By Mary Joy Quinn

When I went to work for San Francisco Superior Court in the Probate Department, I had much to learn.  My previous work as an operating room nurse, public health nurse and gerontologist had not prepared me for immersion in the judicial system. And yet, the work of a conservatorship investigator was decidedly related because the work involved interviewing elders wherever they were living, contacting their families and friends and the professionals with whom they were involved: attorneys, physicians, adult protective services staff, accountants, clergy, bank personnel, and others. The differences were adherence to law and writing reports for the judge to review and to base decisions upon
. 
    
​The probate law provided structure and direction.  However, there was one term that was most mysterious and murky:  undue influence.  There was no definition of it in the Probate Code and yet it was mentioned more than 25 times in various contexts: marriage, gifts, conservatorship of estate, powers of attorney, trusts, wills. Some observers have subjectively noted, “It’s like pornography.  I know it when I see it.”
Some observers have noted, “It's like pornography.  I know it when I see it.”  

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Awash in a Sea of Fraud: No Guns, No Action

4/24/2018

0 Comments

 
By Steve Baker, International Investigations Specialist, 
Better Business Bureau
of Chicago, Omaha, Dallas, Oakland, and St. Louis

Every day we and our friends and neighbors are robbed over the phone or through emails and the Internet.  Victims almost never meet the fraudsters in person. Why does this continue and what can be done?  Although consumer education is useful, most of these thieves are only going to stop if they believe there is a real risk of going to jail – and maybe not even then. 


There are, of course, hard-working law enforcers who pursue cases, but most police are used to situations where the witnesses, victims, and perpetrators are all in their jurisdictions.  Most look for perpetrators by following the money. When law enforcers find trails that lead outside the US, many either give up or pass the information along to federal agencies, which face similar difficulties.  Even when suspects are identified, extradition is often something prosecutors are not familiar with, and it can take months or years to bring someone back to the U.S.  Fraudsters have also learned to use “mules,” such as romance fraud victims, to receive the money and send it on to them.  Thus many, perhaps most, prosecutions, are of these intermediaries who have gone beyond unwitting assistance to providing active help in committing crimes.
It is hard to convince criminal enforcers to take action unless there are “guns, drugs, or blood.”

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Elder Justice Writ Large

2/16/2018

1 Comment

 
By Lisa Nerenberg   
At a time when America's values are being ruthlessly challenged and aggressively defended, it seems like the perfect time to launch CEJC's National Elder Justice Academy. Our goals for the Academy, which is supported by a generous grant from the Huguette Clark Family Fund for Protection of Elders, are to sharpen advocates' tactical skills, provide information and promising models, and share ideas. Beyond that, we hope to start a national dialogue about elder justice—what it is and why we need it.

I like to think of elder justice as the interface between aging policy, elder abuse prevention, and human rights. Those of us who come from the elder abuse field have largely appropriated the term, defining it narrowly as the right to live free from abuse, neglect, and exploitation. That's how it's used in the Elder Justice Act and other policies and programs.

​But elder justice isn't just about abuse.

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  • Home
  • About Us
    • Our Core Values
    • Our Team
    • Our Supporters
    • Contact Us
  • Policy
    • 2022 Elder Justice Legislative Update
    • Advocacy
    • Policy Development
    • A*TEAM
  • Learn
    • Toolkits >
      • Adult Protective Services
      • Long Term Care Facilities
      • Undue Influence
      • Elder Homelessness
      • Financial Crime
      • Victims' Rights and Services
      • International
      • Opioid Crisis
      • Restorative Approaches to Elder Abuse
    • Webinars and Events
    • CEJC Publications
    • Awareness Snapshots
    • Blog: Elder Justice Viewpoints
  • Join Us
    • Renew
    • Donate
  • NNSEJC