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The Prosecutor's Resource Elder Abuse Current as of April 2017 Issue #18 | May 2013 TABLE OF CONTENTS Introduction .....................................................................................................................................................................4 Part One: Overview of Elder Abuse ...........................................................................................................................5 .................................................................................................................................................................................................................5 ..........................................................................................................................................................................................................6 A. Defining Elder Abuse ...........................................................................................................................................................................................7 1. Financial Exploitation 2. Settings Where Abuse Occurs .............................................................................................................................................................................8 B. Characteristics of Elder Abuse Victims ................................................................................................................................................................11 C. Characteristics of ......................................................................................................................................................................................................................... Elder Abuse Perpetrators 12 D. The Aging Body ....................................................................................................................................................................................................16 ..................................................................................................................................................................18 E. Competency and Capacity ..........................................................................................................................................................................18 1. “Financial Decision-Making Capacity” ......................................................................................................................................................................20 2. Screening and Assessing Capacity 3. Locating and Working with Experts .............................................................................................................................................................................2 ............................................................................................................................................................................................2 F. Community Partners for Prosecution 1 ...............................................................................................................................................2 1. Adult Protective Services 1 .................................................................................................................................................................2 2. Long-Term Care Ombudsman (LTCO) Program 2 4. ....................................................................................................2 3. The National Aging Services Network 3 .......................................................................................................................................................................................2 Community-Based Domestic Violence and Sexual Assault Advocates 3 Part 5. Two:Multidisciplinary Approach Prosecuting Elder Abuse ....................................................................................................................... 24 ................................................................................................................................................................................................2 ....................................................................................2 A. Working with Older Victims 5 ..................................................................................................................................................................... 2 1. Working with Systems-Based Advocates/Coordinators and Related Entities 5 ................................................................................................................................... 2. Interviewing Victims and Witnesses . 6 ...............................................................................................3 3. Screening for Co-Occurring Crimes and Intimidation 28 4. Interviewing Victims with Apparent/Confirmed Cognitive ..................................................................................................................................................................................................................3Limitations 0 1. ........................................................................................................................................................................................................3 B. Charging Decisions 2 ..........................................................................................................................................................................................3 Older Perpetrators 3 .......................................................................................................................3 2. Intimate Partner Violence 4 ...............................................................................................................................................................................................................3 3. Neglect, Sexual Abuse, and Emotional Psychological Abuse 4 4. Financial Abuse ...............................................................................................................................................................................................35 a. Nature of the Taking .......................................................................................................................................................................... 5 b. Knowledge of Victim’s Status ...........................................................................................................................................................................................3..36 c. Capacity of the Victim ......................................................................................................................................... 6 d. Legal Authority of Surrogate Decision-Makers ........................................................................................................................................................................................................................37 e. Consent .......................................................................................................................................................................................................38 f. Undue Influence ............................................................................................................................................................................39 C. Arraignment and Bail Considerations ...............................................................................................................................................................439 D. Victims and Witnesses Unavailable for Trial 2 1 Current as of April 2017 The Prosecutors’ Resource ....................................................................................................................................... ................................................................................................................................................................................4 1. Crawford and Its Application in Elder Abuse Cases 42 2. Preserving Witness Testimony ............................................................................................................................................................ 5 a. Preliminary/Probable Cause Hearing ........................................................................................................................................................46 ......................................................................................................................................................................................... b. Deposition or Conditional Examination 46 3. Forfeiture by Wrongdoing ............................................................................................................................................................................................................47 E. Working with Experts ........................................................................................................................................................................................................................48 F. Pretrial Motions ................................................................................................................................................................... 49 G. Defense Challenges to Victim Competency ........................................................................................................................................50
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