In 1983, while I was the district attorney in Boston, I had the honor of serving with Attorney General John Ashcroft (then the AG of Missouri) on the U.S. attorney general’s “Task Force on Family Violence.” Our final report, published in September 1984, was the basis of many of the initiatives we have seen adopted in this country regarding child abuse and domestic violence and it is still a harbinger of things to come.
One statement from the report sticks in my mind as being particularly important to our members as prosecutors:
The legal response to family violence must be guided primarily by the nature of the abusive act, not by the relationship between the victim and abuser.
Although seemingly simple and straightforward, this statement has not yet reached the full level of its import when it comes to the abuse, neglect and financial exploitation of the elderly.
In 1986, two years after this report, the NDAA Board of Directors adopted its first policy on elder abuse stating that:
Vast numbers of our country’s elderly citizens have silently endured physical trauma, financial devastation, and emotional distress because they have been victimized by anonymous criminals—or perhaps worse—by once trusted caretakers or family members. Just as the criminal justice system has rightly recognized that child abuse can be curbed by the enactment of new laws and the use of special procedures, so too should the system be amenable to changes on behalf of our growing elderly population.
The resolution then went on to list the steps that NDAA believed necessary to deal with the growing problem of elder abuse. Among these were specialized units in police and prosecutors’ offices to handle these crimes; enactment of new laws enhancing punishment; and the establishment of special hotlines to report incidents of crimes against the elderly. The resolution also called for a “high visibility” campaign against elder abuse to deter offenders.The policy concluded by saying:
All segments of the community must unite to protect the victims, prosecute the offenders and prevent the recurrence of the outrageous acts against these citizens who deserve our respect and reverence.
Since then, NDAA has tried to make this policy a reality by working with the Department of Justice, with congressional committees which have oversight on issues involving the elderly and with other organizations that specialize in elder law.
We have all seen, and prosecuted, the horrific crimes that are committed against our elderly citizens. As difficult as it is to understand how a parent can abuse a child, it is as difficult to comprehend how a child can brutalize its mother or father. There are also those who prey on the financial well-being of our elderly—employing the Internet or telemarketing schemes to steal hard-earned retirement funds or swindle a lifetime of thrift and savings.
It is time for local prosecutors to renew their efforts to fight this growing threat and, once again, NDAA’s Board of Directors has stepped to the forefront. At its most recent meeting, the board took another significant step in our two-decade effort to end abuse of the elderly. At that meeting, a policy was adopted that set out the priorities of local prosecutors in meeting the threat of elder abuse. In its opening statement, NDAA stated:
The National District Attorneys Association recognizes that elder abuse is a serious crime and public health issue with far reaching consequences for both the victims and society. The National District Attorneys Association endorses the vigorous prosecution of cases of elder abuse, neglect, and financial exploitation.
I urge you to review this policy on our Web site (www.ndaa-apri.org) and consider using it as the basis for a similar policy in your own office.
The closing paragraph of the 1984 report from the Task Force on Family Violence stated that:
The family is the bedrock of civilization. America derives its strength, purpose and productivity from its commitment to strong family values. For our nation to thrive and grow, we must do all that we can to protect, support and encourage America’s families.
We must remember that our freedom and prosperity are based upon the sacrifices of our parents and grandparents—what Tom Brokaw has called the “Greatest Generation.” Now it is our responsibility and our obligation to make sure they are free from harm. NDAA has been a leader in taking the initiative to protect our most vulnerable citizens—our young children and our elderly. We must all continue to fulfill this obligation to the utmost of our ability. We owe them nothing less because we owe them everything.
