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Some promising criminal justice initiatives in sub-national strategies, new review shows

8/16/2017

 
The Dementia Justice Society of Canada recently completed its review of 65 sub-national dementia (and some aging and health) strategies to see whether they mention criminal justice, in the context of people with dementia coming into conflict with the criminal justice system as accused persons, offenders, or prisoners. The review analyzed strategies from sub-national jurisdictions within Australia (4), Canada (13), Germany (2), and the United States (46).

​Clear references to criminal justice in such contexts were rare. There were three notable exceptions: Florida; Rhode Island; and Bavaria, Germany. Florida’s State Plan included a detailed discussion of various scenarios in which law enforcement may encounter someone with dementia, and it stressed the importance of having officers trained in dementia and its associated behaviours. 

Rhode Island’s State Plan identified a training initiative underway in the state that is a “collaboration between the [Drug Enforcement Agency], the Rhode Island Alzheimer’s Association and the Department of Corrections to provide Alzheimer’s disease education and training to prison wardens and clinicians.” The plan’s legal subgroup also stressed the importance of addressing housing placement challenges by people living with Alzheimer’s disease who have spent time in prison.

The dementia strategy in Bavaria, Germany identified a two-hour training course for police, which included information on responding to reports of shoplifting, which can be a common transgression by people with dementia (e.g., due to forgetting to pay, disinhibition). The strategy also identified a training program for newly appointed judges.

Among all the strategies, four themes connected or potentially connected to an aspect of the criminal justice system emerged:   


  1. Training of law enforcement. This was largely in the context of identifying and assisting people with dementia who wander and become lost, and increasing knowledge about programs such as Silver Alert and Safely Home.
  2. Training community members and others who may interface with persons with dementia, such as lawyers, pharmacists, dentists, postal workers, and bank tellers. This was largely in the context of developing dementia-friendly communities, and regarding legal and financial issues, it was mostly in relation to advanced care planning.
  3. Progressive driving impairment and the threat to public safety. Several strategies identified the challenges and concerns of balancing an individual’s independence in relation to driving with personal and public safety.
  4. Elder abuse. Several strategies referred to criminal justice in the context of persons with dementia as victims or potential victims of crime.
 
It is encouraging to see criminal justice addressed in several of the plans. There are some promising initiatives underway. However, overall, the findings underscore our observation that there is still considerable work to be done to address the challenges that persons with dementia may face when they come into conflict with the criminal justice system. 

To read the full review, please follow the link below.
 
Documents
Criminal Justice in Sub-National Dementia Strategies: A Review

About Dementia Justice
Dementia Justice is a federally incorporated non-profit society dedicated to advancing the rights, needs and dignity of people with dementia who are, or are at risk of becoming, involved with the criminal justice system. It strives to achieve its objectives through public advocacy, awareness-raising, education and research.

Contact
Heather Campbell
Director
​dementiajustice@outlook.com


Revised August 20, 2017

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We do not provide legal advice or representation.
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