klaus
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Mar 29, 2011, 8:02 AM
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North American jurisprudence is based on a provision that anyone charged with a crime be of sufficient mental stability to understand the crime and the ensuing court proceedings dealing with that crime. Certainly these provisions apply to cases where children are charged with serious crimes, as most jurisdictions on the continent provide safeguards for minors. But what about older people, those suffering from dementia or Alzheimer’s disease?
An interesting case dealing with this eventuality recently reared its head in Winnipeg, Manitoba, where a 70-year old Alzheimer’s patient shoved an 86-year old Alzheimer’s patient at a nursing home, causing an injury that left the older man brain dead.
The 70-year old was charged by police with aggravated assault and is likely to be charged with second degree murder should the older man die as a result of this incident. Last year, the 70-year old was held in a jail for over a month, following an incident wherein he shoved his wife. It was only after a public outcry that authorities confined the man to a long-term care facility. Problem is that the facility to which the man was confined was not equipped to deal with patients prone to Alzheimer’s-related violence. Hence the incident that caused the older man to be brain dead.
Given that our population is rapidly aging and the extended lifespan resulting from improved medical care, healthcare researchers agree that the incidence of Alzheimer’s disease will double over the next two decades. Currently there are over 500,000 people with Alzheimer’s in Canada and close to six million in the U.S. A doubling of these numbers will result in tremendous pressure on healthcare systems in both countries. More importantly, however, the law must recognize that people suffering from Alzheimer’s cannot be held criminally responsible for their actions and legislators must anticipate that in the near future there will be a rash of Alzheimer’s related “crimes” that need to be dealt with fairly and compassionately.
Charging someone suffering from Alzheimer’s with a crime and confining him to prison may work for staunch law-and-order types, but it isn’t doing anything for our reputation as a fair and just culture. Given what we know about future anticipated increases in Alzheimer’s and dementia rates, it is important we be prepared to meet the challenges these developments will present. Judging by the recent events in Winnipeg, there’s every indication that yet another healthcare crisis is developing and this is not a crisis that came without warnings.
Klaus Rohrich is President and Creative Director of Taylor/Rohrich Associates Inc., a marketing and advertising firm that specializes in niche marketing retirement real estate developments
http://www.maturitymarketing.com.
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