Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-21T08:07:29.441Z Has data issue: false hasContentIssue false
  • English
  • Français

Improving access to justice for older victims of crime by reimagining conceptions of vulnerability

Published online by Cambridge University Press:  06 August 2020

Kevin J. Brown Open the ORCID record for Kevin J. Brown [Opens in a new window]  and
Faith Gordon
Kevin J. Brown*
Affiliation:
School of Law, Queen's University Belfast, Belfast, UK
Faith Gordon
Affiliation:
School of Law, The Australian National University, Canberra, Australia Information Law and Policy Centre, Institute of Advanced Legal Studies, London, UK Centre for the Study of Democracy, University of Westminster, London, UK
*
*Corresponding author. Email: [email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

This article investigates the implications of recent research findings that establish that older victims of crime are less likely to obtain procedural justice than other age groups. It explores original empirical data from the United Kingdom that finds evidence of a systemic failure amongst agencies to identify vulnerability in the older population and to put in place appropriate support mechanisms to allow older victims to participate fully in the justice system. The article discusses how the legally defined gateways to additional support, which are currently relied upon by many common law jurisdictions, disadvantage older victims and require reimagining. It argues that international protocols, especially the current European Union Directive on victims’ rights, are valuable guides in this process of re-conceptualisation. To reduce further the inequitable treatment of older victims, the article advocates for jurisdictions to introduce a presumption in favour of special assistance for older people participating in the justice system.

Keywords

crimeelder abusejusticespecial measuresvictimsvulnerability
Type
Article
Information
Ageing & Society , Volume 42 , Issue 3 , March 2022 , pp. 614 - 631
Copyright
Copyright © The Author(s), 2020. Published by Cambridge University Press

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Action on Elder Abuse Northern Ireland (2019) An Analysis of Clearance Rates for Crimes Committed Against Older People in Northern Ireland Between 2010/11 and 2016/17. Belfast: Action on Elder Abuse Northern Ireland.Google Scholar
Age, UK (2015) Improving Later Life: Vulnerability and Resilience in Older People. London: Age UK.Google Scholar
Andrews, R (2015) Doorstep Crime Project Report 2014/15. London: National Tasking Group.Google Scholar
Bows, H (2019) Domestic homicide of older people (2010–15): a comparative analysis of intimate-partner homicide and parricide cases in the UK. British Journal of Social Work 49, 1234–1253.CrossRefGoogle Scholar
British Society of Criminology (2015) The British Society of Criminology Statement of Ethics. Available at https://www.britsoccrim.org/ethics/.Google Scholar
Brown, KJ and Gordon, F (2019 a) Improving Access to Justice for Older Victims of Crime: Older People as Victims of Crime and the Response of the Criminal Justice System of Northern Ireland. Belfast: Commissioner for Older People for Northern Ireland.Google Scholar
Brown, KJ and Gordon, F (2019 b) Older victims of crime: vulnerability, resilience and access to procedural justice. International Review of Victimology 25, 201–221.CrossRefGoogle Scholar
Bunting, L, Hayes, D and Clifford, G (2013) Special Measures for Vulnerable Witnesses in Northern Ireland. Belfast: Department of Justice.Google Scholar
Burton, M, Evans, R and Sanders, A (2006) An Evaluation of the Use of Special Measures for Vulnerable and Intimidated Witnesses. London: Home Office.Google Scholar
Cahill, E, Lewis, LM, Barg, FK and Bogner, HR (2009) ‘You don't want to burden them’: older adults’ views on family involvement in care. Journal of Family Nursing 15, 295–317.CrossRefGoogle Scholar
Christie, N (1986) The ideal victim. In Fattah, EA (ed.), Crime Policy to Victim Policy. New York, NY: St Martin's Press, pp. 17–30.CrossRefGoogle Scholar
Cooper, P and Mattison, M (2017) Intermediaries, vulnerable people and the quality of evidence: an international comparison of three versions of the English intermediary model. International Journal of Evidence and Proof 21, 351–370.CrossRefGoogle Scholar
Criminal Justice Inspection Northern Ireland (CJINI) (2012) The Use of Special Measures in the Criminal Justice System in Northern Ireland. Belfast: CJINI.Google Scholar
Criminal Justice Inspection Northern Ireland (CJINI) (2015) The Care and Treatment of Victims and Witnesses in the Criminal Justice System in Northern Ireland, Incorporating the Use of Special Measures: A Follow-up Review of Inspection Recommendations. Belfast: CJINI.Google Scholar
Crown Prosecution Service (2019) Policy Guidance on the Prosecution of Crimes Against Older People. London: Crown Prosecution Service.Google Scholar
David, CD and Sutton, M (2011) Social Research: An Introduction, 2nd Edn. London: Sage.Google Scholar
Dominguez S, Fraga, Storey, JE and Glorney, E (in press) Help-seeking behavior in victims of elder abuse: a systematic review. Trauma, Violence, and Abuse. Available online doi:10.1177/1524838019860616.CrossRefGoogle Scholar
Ewin, R (2015) The vulnerable and intimidated witness; a socio-legal analysis of special measures. Journal of Applied Psychology and Social Science 1, 31–54.Google Scholar
Fairclough, S and Jones, I (2017) The victim in court. In Handbook of Victims and Victimology. Oxford: Routledge, pp. 211–228.CrossRefGoogle Scholar
Fitz-Gibbon, K and Walklate, S (2018) Gender, Crime and Criminal Justice. London: Routledge.CrossRefGoogle Scholar
Gorvin, L and Brown, D (2012) The psychology of feeling like a burden: a review of the literature. Social Psychology Review 14, 28–41.Google Scholar
Green, S (2007) Crime, victimisation and vulnerability. In Walklate, S (ed.), Handbook of Victims and Victimology. Cullompton, UK: Willan, pp. 91–118.Google Scholar
Hale, C (1996) Fear of crime: a review of the literature. International Review of Victimology 4, 79–150.CrossRefGoogle Scholar
Hall, M (2017) Victims of Crime: Construction, Governance and Policy. London: Palgrave Macmillan.CrossRefGoogle Scholar
Harbison, JR (2016) Contesting Elder Abuse and Neglect: Ageism, Risk, and the Rhetoric of Rights in the Mistreatment of Older People. Vancouver, Canada: UBC Press.Google Scholar
Her Majesty's Crown Prosecution Inspectorate (HMCPI) and Her Majesty's Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) (2019) The Poor Relation: The Police and CPS Response to Crimes Against Older People. London: HMICFRS.Google Scholar
Her Majesty's Inspectorate of Constabulary (HMIC) (2016) Peel: Police Effectiveness (Vulnerability). London: HMIC.Google Scholar
Hohl, K and Stanko, EA (2015) Complaints of rape and the criminal justice system: fresh evidence on the attrition problem in England and Wales. European Journal of Criminology 12, 324–341.10.1177/1477370815571949CrossRefGoogle Scholar
Kharicha, K, Iliffe, S, Harari, D, Swift, C, Gillmann, G and Stuck, AE (2007) Health risk appraisal in older people 1: are older people living alone an ‘at-risk’ group? British Journal of General Practice 57, 271–276.Google Scholar
Lee, M (2013) Inventing Fear of Crime: Criminology and the Politics of Anxiety. Abingdon, UK: Routledge.CrossRefGoogle Scholar
Munanga, A (2019) Cybercrime: a new and growing problem for older adults. Journal of Gerontological Nursing 45, 3–5.CrossRefGoogle ScholarPubMed
Napier, RJ, Gallagher, BJ and Wilson, DS (2017) An imperfect peace: trends in paramilitary related violence 20 years after the Northern Ireland ceasefires. Ulster Medical Journal 86, 99–102.Google ScholarPubMed
Nerenberg, L (2019) Elder Justice, Ageism, and Elder Abuse. New York, NY: Springer.CrossRefGoogle Scholar
Noaks, L and Wincup, E (2004) Criminological Research – Understanding Qualitative Methods. London: Sage.CrossRefGoogle Scholar
Northern Ireland Assembly (2020) Official Report of the Northern Ireland Assembly, 3 March. Available at http://aims.niassembly.gov.uk/officialreport/report.aspx?&eveDate=2020/03/03&docID=296420.Google Scholar
Northern Ireland Audit Office (2018) Speeding Up Justice: Avoidable Delay in the Criminal Justice System. Belfast: Northern Ireland Audit Office.Google Scholar
Pillemer, KA and Wolf, RS (eds) (1986) Elder Abuse: Conflict in the Family. Dover, MA: Auburn House.Google Scholar
Police Service of Northern Ireland (PSNI) (2018) Trends in Police Recorded Crime in Northern Ireland 1998/99 to 2017/18. Belfast: PSNI.Google Scholar
Schoon, I (2006) Risk and Resilience: Adaptations in Changing Times. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Sharp, D and Atherton, S (2007) To serve and protect? The experiences of policing in the community of young people from black and other ethnic minority groups. British Journal of Criminology 47, 746–763.10.1093/bjc/azm024CrossRefGoogle Scholar
Sherry, M (2010) Disability Hate Crimes: Does Anyone Really Hate Disabled People? London: Routledge.Google Scholar
Smith, O (2018) Rape Trials in England and Wales: Observing Justice and Rethinking Rape Myths. Cambridge: Palgrave Macmillan.CrossRefGoogle Scholar
Sparks, RF (1982) Research on Victims of Crime: Accomplishments, Issues, and New Directions. Washington, DC: US Department of Health and Human Services.Google Scholar
Victor, CR, Scambler, S and Bond, J (2000) Being alone in later life: loneliness, social isolation and living alone. Reviews in Clinical Gerontology 10, 407–417.CrossRefGoogle Scholar
Walklate, S (2011) Reframing criminal victimization: finding a place for vulnerability and resilience. Theoretical Criminology 15, 179–194.CrossRefGoogle Scholar
Walklate, S (2016) The metamorphosis of the victim of crime: from crime to culture and the implications for justice. International Journal for Crime, Justice and Social Democracy 5, 4–16.CrossRefGoogle Scholar
Walklate, S, McGarry, R and Mythen, G (2014) Searching for resilience: a conceptual excavation. Armed Forces and Society 40, 408–427.CrossRefGoogle Scholar
Wiles, JL, Wild, K, Kerse, N and Allen, RE (2012) Resilience from the point of view of older people: ‘there's still life beyond a funny knee’. Social Science and Medicine 74, 416–424.CrossRefGoogle ScholarPubMed