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By Pamela D. Wilson, CSA, MS, BS/BA, CG, The Care Navigator
Last week I participated in a court hearing for a client who had experienced theft. When the theft initially occurred, there was the question about proceeding to report the crime especially since the items in question were recovered. I was disturbed about this event occurring again to another vulnerable older adult and felt there was no option but to report the crime. While I had little knowledge of crime reporting or the related legal system, at the end of the journey I was glad I didn't ignore the issue. It was nearly six months from my initial call to the local police department until the final hearing. At the hearing, I learned that this was not the person's first offense. In fact the individual was on probation from a previous offense when this theft was committed. The individual also fully intended to go back to the same line of work assuming release by the court. I was able to address the judge with a summary of events. Not only did I express concern about the vulnerability of older adults but also concern that that this individual might be allowed to work with older adults or children especially since a similar event already occurred twice.
The isolation and vulnerability of older adults to individuals selling products, to the internet, to well meaning neighbors, to telephone scams, to lotteries is widespread. Those of us working with this population have a duty to assist in reporting issues so they do not occur again to another unsuspecting individual. This type of incident is significant. How would you feel if your parent or a family member experienced a crime and you later met someone who had knowledge of a similar crime by the same individual and did nothing?
While you may be troubled by the ethical and moral issues of reporting a crime and the effect on the life of another individual, it's my opinion that if you have knowledge you have responsibility to take action. Statistics indicate that the majority of these crimes are not reported. We must change this statistic.
Here is a very brief description of the process in reporting crimes. Note that this may vary by county or state. The process begins with a crime being committed. The individual, family member or advocate contacts the local police department to make a report. The police then investigate the crime and determine the degree of seriousness, for example whether the event is a misdemeanor or a felony. If it is determined that a crime was likely committed a warrant is issued. Determination is then made whether or not the individual should be charged with a crime. If yes, the suspect is arrested and held for court arraignment. At this time, the defendant is advised of the charges, penalties if convicted, constitutional rights and appointed attorney. All subsequent pre-trial procedures are determined whether the defendant is charged with a misdemeanor or a felony.
In Jefferson County, Colorado, a Victim & Witness Assistance program exists, visit http://co.jefferson.co.us/da/da_T99_R27.htm for additional information. Persons from this department are available to support individuals throughout the entire process. The importance of completing a written victim and witness statement cannot be understated. While words spoken in court are in a sense lost after the hearing, a written document becomes part of a permanent file and may be reviewed at future times.
No matter where you live, there is most likely a similar program. Contact the district attorney's office in your county. Knowledge bears responsibility, don't let a crime go unreported. You can make a difference.
Copyright © 2009 Pamela D. Wilson All rights reserved. This publication may not be reproduced by any mechanical, photographic or electronic process, transmitted or otherwise copied for public or private use without prior written permission from the author. Website: www.thecarenavigator.com
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