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No excuse for Elder abuse

No excuse for Elder abuse. Veterans Memorial Building San Luis Obispo May 21st, 2018. Presented by. Paul Greenwood, Newly “retired” Deputy District Attorney, San Diego County, California. My Elder Abuse journey began. January 1996. I had an office, a phone, a computer but. No cases!.

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No excuse for Elder abuse

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  1. No excuse for Elder abuse Veterans Memorial Building San Luis Obispo May 21st, 2018

  2. Presented by Paul Greenwood, Newly “retired” Deputy District Attorney, San Diego County, California

  3. My Elder Abuse journey began

  4. January 1996

  5. I had an office, a phone, a computer but....

  6. No cases!

  7. Just silence!

  8. So how do we go about breaking through that silence?

  9. Who are the victims?

  10. Penal Code section 368

  11. Elders = ?

  12. 65+

  13. Dependent adults: aged 18 - 64 with “physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights”

  14. Prosecution: Reactive or proactive?

  15. Networking

  16. Start local…think global..

  17. The importance of the 3 Cs in building a multi disciplinary team approach

  18. Collaboration

  19. Cooperation

  20. Communication

  21. I began with a key triangle concept…

  22. Social services - APS, Ombudsman & Public Guardian Law Enforcement Prosecutors

  23. Social Services…

  24. APS/ OmbudsmanCreating/promoting referral line: • Every County must have a reporting line • Billboards • Posters • Radio and TV PSA’s • # of calls WILL increase

  25. Local law enforcement..

  26. For the first 7 months I did not prosecute any elder abuse case; instead I went around our county talking with law enforcement....

  27. What did I learn?

  28. All victims deserve our utmost response • Sadly, some victims are overlooked, ignored, disbelieved, or simply are abandoned

  29. I discovered that law enforcement - through no fault of their own - were falling into common misconceptions...

  30. I have learned that to bring elder abuse out of the shadows, we need to recognize what is standing in our way…

  31. Myth #1 • Elderly people make terrible witnesses

  32. Most common answer… forgetfulness

  33. AVOID STEREOTYPING OF SENIORS • Forgetful • Senile • Longwinded • Grumpy • Disabled • Fragile

  34. Myth # 2 • If elderly victim refuses to provide information, there is nothing that can be done

  35. We can still build a case by talking to other key witnesses • Start on the outside and work your way to the middle • Let the DA figure out a way to break through victim’s wall of silence

  36. LESSONS LEARNED FROM DOMESTIC VIOLENCE • Self -determination is not the answer

  37. “Victim declines prosecution”

  38. Why self-determination is a problem • If not punished, the perp WILL abuse again • We CAN convict even without the assistance of the victim • Abuse is a crime against NOT JUST the abused

  39. Why I am SO determined about the fact that victims should not get to “press charges” or choose which cases get filed…..

  40. Myth # 3 • If elderly victim gives the money voluntarily, it is not a crime

  41. The “it’s a civil matter” mindset is pervasive

  42. But things are not always how they first appear

  43. There are times when the apparent voluntariness has been diluted by fraud, undue influence or by exploiting the mental limitations of the victim

  44. Myth # 4 • A Power of Attorney does not provide a license to steal and plunder

  45. A family member who is the suspect - accelerated inheritance is not a good defense!

  46. Myth #5 • If victim is deceased before we discover the theft, we cannot prosecute

  47. Wrong! • Treat such a case as if it were a murder • There are some situations in which we do not need the victim for a prosecution

  48. After discussing these misconceptions with law enforcement, the next step was to persuade them to designate a “go to” person within the agency

  49. Prosecutors…how can we get their buy in?

  50. Things I have learned about prosecution along the way…

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