A Criminologist's Diary-43

A Criminologist’s Diary-43

Account Criminology and Criminal Ju...

Criminal Justice Policy (Incarceration) for the AGED and the INFIRM

The God, Almighty is always painted as an old man- with grey beard and hairs.’ Respect the old and the aged’ is as old as humanity. .’Old is Gold’, ‘ Old men for Wisdom’, ‘Old men’s counsel is the Best’, ‘New brooms sweep better, but the OLD know the corners’-and thus there exist a lot of wise saying glorifying the old-honouring the aged and respecting the old and the aged. Internationally too, there is a growing awareness about respecting the old not by showing sympathy to them, but by recognizing them. They get travel concessions, income tax benefits, special care in public transport systems, in hospitals, in health care, in laboratories, old age homes etc.

Yes, ‘the old age is when all telephone numbers in one’s directory belong to doctors’. O.K., all said and done, no one sees anything specially done for the old either in administration of justice or in its delivery. They and the robust young are treated alike throughout the process and progress of the investigation, trial, prosecution and incarceration. It is a time now that Governments in many countries have formed special policies for the old, the infirm and the aged by classifying them as ‘the old, the older old, and the oldest old’ and so on. In such a situation, it is time that we may give shape to a criminal justice policy and its delivery for the old, the infirm and the aged. I am not giving the points for deliberation at every stage of the criminal justice policy and its delivery hereunder.

Look at the points given here and consider them to make a policy for incarceration.

(1) Decide the age to specify who is ‘the old, the older old, the oldest old’ under law and who are to be treated as’ the infirm’ and ‘the aged’ under law?

(2) If incarceration is intended for the development of human personality formed in an upright way in the right direction, then decide the need and objectives of such an approach to them.

(3) If incarceration is with hard labour, what type of labour, what type of food, what type of medical care, what type of education and what type of leisure time activities are to be given to the old, the infirm and the aged?

(4) If incarceration is for correction, reformation rehabilitation, resocialization and reintegration to the society back, then how must they be executed?

(5) If incarceration is not required, then what other methods must be enforced for administration of criminal justice and its delivery?

(6) Is incarceration necessary at all for the old, the infirm and the aged? Some exploit it for getting expert treatment at Government expense or public exchequer.

I met a middle aged man and honestly he told me: “Look, I am old and if I do not have anybody or anyone to look after me during my old age, I will simply commit a crime, confess it in the court and get a conviction to go to jail, and thereafter I will gladly go to prison to get me treated at the Government expense. Jails, in my view, are better than many old age homes for the poor and the destitute in our country”