Yelena Yukhvid referenced in an Elder Law Journal article, “Jailed While Frail: Examining Rationales for Incarcerating Aging and Infirm Criminal.”
As the aging population in the United States increases, the number of elderly criminals also rises. The four theories of criminal punishment play an important role in sentencing decisions for elderly offenders. Given the physiological changes that accompany aging, current prisons are not fully equipped to handle the health and care concerns of elderly inmates. There is an emerging need to analyze whether longer sentences truly serve to deter and rehabilitate elderly offenders. This Note examines the various judicial considerations that inform sentencing decisions under the Federal Sentencing Guidelines and case law, the increased costs associated with caring for elderly offenders, and the role of the four theories of punishment. This Note recommends that an offender’s age and mental and physical condition be afforded more consideration in sentencing decisions, similar to how juvenile delinquency cases are handled. This Note further recommends the implementation of alternative treatment programs for elderly offenders, targeting individualized treatment for offender rehabilitation.
Yelena’s article served as a secondary source of authority that was drawn upon to support the point that older inmates are rarely given any special treatment and usually receive the same work assignments as younger individuals.
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