Aging Prisoners: A Brief Report of Key Legal and Policy Dilemmas

Background: The social phenomenon of the aging of the prison population has raised various legal and policy challenges. Objective: The goal of this brief report is to describe the current key legal-policy dilemmas in this field. Methods: A computerized search for legal documents, articles and studies using relevant key words was conducted in computerized databases. Results: Five key dilemmas were found: (1) Early and compassionate release of older prisoners; (2) Segregation or integration of older prisoners; (3) Heaven or hell? The meaning of imprisonment in old age; (4) Fixed v. tailored sentences to older offenders; and (5) Is prison the right place to send older offenders? Conclusion: Evidence regarding the unique socio-medical needs of older prisoners does not provide easy or simple answers to the legal-policy dilemmas in this field. Hence, as of today, the scholarly discussions in this field seem to be more normative (what "should" be the solution) rather than empirical (what "is" the evidence-based solution). Therefore, more empirical evidence is needed in order to design old-age based legal-policies towards older prisoners

Thinking Locally: Law, Aging and Municipal Government: Findings from a National Survey

Municipal law, which has been largely ignored in the body of elder-rights scholarship, often plays a far more important role in the everyday lives of older persons than the principally aspirational concepts of international law. Accordingly, this article examines how well modern cities have fulfilled their potential role in assuring the civil and human rights of older persons. The author concludes, based on the results of a national study, that local law is not currently fulfilling its potential as a means to expand the rights of older citizens. Few cities across the country appear to have taken more than minor steps in the direction of developing clear, ordinance-based policies that will truly foster age-friendly cities. Finally, the article makes three recommendations: First, that elder-rights advocates should participate in the legislative process at the municipal level; second, that attorneys who represent older clients should better utilize local legislation that exists, and should assist in the proposing, drafting, and implementing of local ordinances pertaining to older persons; and third, that municipal leaders and administrators should be educated on the potential economic benefits of using local law as a vehicle for social change in this field, especially in light of the growing political power of older residents

Municipal Elder Law: A Minnesota Perspective

The field of elder law has developed dramatically over the past several decades and is primarily regarded as a creature of state and federal law. This area of law will be of paramount importance in the coming years as the elderly population continues to increase dramatically. Indeed, nearly every community in the United States will undoubtedly be impacted in some way by the influx of older residents. Notably, however, the effect of an aging society will impact each local community differently. For these reasons, Professors Kimberly Dayton and Israel (Issi) Doron sought to examine the role that municipal elder law has and could play in local government. In exploring this unique avenue for the advancement of elder rights, the authors conducted a study on municipal elder law in Minnesota communities to determine the extent to which local governments have attempted to embrace the field of elder law