Elderly Defendants

Elders on Trial

Although research is limited, some studies have shown that elders are perceived to be less credible as witnesses, perhaps because the accuracy of their memory is in doubt. There is also scant research as to how elders are treated when they are defendants. Anecdotal evidence suggests that age may affect the decisions of some jurors and judges. In 2006, 89-year-old George Weller was on trial for driving his car through a farmers' market and killing 10 people. The jury found him guilty of manslaughter, which was the most severe of their verdict options. Several members of the jury told the media that the jury had decided that the defendant's age should not affect their verdict. The judge sentenced him to probation, noting that Weller's frail health would pose difficulties for the prison system. Furthermore, the judge feared that Weller's health would suffer if he was sent to prison. Thus, both jurors and the judge commented on the defendant's age when discussing their decisions. In a second case, 86-year-old Edgar Killen was on trial in 2005 for killing three men in 1964. During voir dire, the prosecutor asked potential jurors whether the defendant's age or health would affect their decisions. The jury rejected the murder charges and, instead, found the defendant guilty of manslaughter. The judge awarded Killen the maximum sentence of 60 years. In his official opinion, the judge recognized that the lengthy sentence was essentially a life sentence but noted that age is not a factor in sentencing. As these cases illustrate, age could be influential in determining the outcome of a trial in some cases. Research is needed to determine if age has a statistically significant effect on trial outcomes.

Elders in Prisons

In recent years, the number of elderly prisoners has grown. This has led to concern that prisons are ill equipped to meet the special needs of elders, such as special dietary needs and those arising from physical limitations. Prisons have implemented a variety of [Page 252]solutions. Some prisons have released nonviolent elderly prisoners; others have released prisoners who are very ill and deemed to be at low risk of recidivating. Some prisons have developed programs that release prisoners with ankle bracelets that monitor their movement. Finally, some prisons have created separate geriatric units for elder prisoners. These units are tailored to the needs of the elderly. Most of these options are implemented because prisons are not physically or financially able to meet the needs of elder prisoners.

Elders on Death Row

The approximately 100 elders who are on death row present a different kind of challenge; in recent years, several court cases have challenged the constitutionality of executing elders. One case involved 76-year-old Clarence Allen, a wheelchair-bound death row prisoner, who suffered from many ailments, including blindness. Before his 2006 execution, he claimed that his execution would violate the Eighth Amendment prohibition on cruel and unusual punishment.

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