Role of the Elderly Defendant in the Criminal Court: Full-Dress Adversary or Reluctant Penitant? (From Older Offenders: Perspectives in Criminology and Criminal Justice, P 123-142, 1988, Belinda McCarthy and Robert Langworthy, eds. -- See NCJ-110145)

• NCJ Number: 110153
• Author(s): G Feinberg
• Date Published: 1988
• Length: 20 pages
• Sale Source: Praeger Publishers
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study examines how elderly misdemeanants are using three traditional due process protections: the right to plead not guilty, the right to be represented by an attorney, and the right to a jury trial.

Abstract

Data were obtained from an analysis of 4,976 elderly defendants (aged 60 and over) who had been charged with a misdemeanor and docketed in the Dade County Court, 11th judicial district, Miami, Fla. The study covered 1974, 1979, and 1984. The vast majority of the elderly misdemeanants did not avail themselves of basic due process protections. They typically pled guilty (92 percent), were not represented by an attorney (93 percent), and only occasionally requested jury trials (14 percent). The elderly females were more likely than the elderly males to plead not guilty and be represented by an attorney. To address this problem, criminal justice personnel should be exposed to a diversified education program that provides the skills, insights, and rationales necessary for mediating justice in elderly offender cases. Empirical studies should determine whether the elderly have ready access to legal services, and persons responsible for selecting criminal justice personnel should consider the candidates' ability and knowledge pertinent to the processing of the elderly in the criminal justice system. Future research on elderly offenders should include attention to their behavior at various stages of criminal justice processing. 4 tables and 3 figures.