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Criminal Justice
Family Violence
Legal Definitions of Elder Abuse and Neglect
Legal Definitions of Elder Abuse and Neglect
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TABLE OF CONTENTS
EXECUTIVE SUMMARY
1.0 INTRODUCTION
1.1 Project overview
1.1.1 "Legal" definitions of elder abuse
1.1.2 Scope of research and methodology
1.2 Summary of findings
2.0 CANADA
2.1 Legislation
2.1.1 Provinces and territories
2.1.2 Federal Legislation—An overview of the Criminal Code framework
2.2 Court decisions
2.2.1 Criminal Neglect: Failure to provide the necessaries of life
2.2.2 Acts of violence against elders: The home invasion and assault cases
2.2.3 Fraud and undue influence—civil and criminal jurisprudence
2.2.4 Conclusion
2.3 Policy
2.3.1 Elder abuse and relationships of trust
2.3.2 Alternatives to the term "elder"
2.3.3 Types of abuse
2.4 Conclusion
3.0 THE UNITED KINGDOM
3.1 Legislation
3.1.1 England & Wales
3.1.2 Scotland
3.2 Policy
3.2.1 Alternatives to the category "elder abuse"
3.2.2 Types of abuse
3.3 Court decisions
3.3.1 Vulnerability and older adults
3.3.2 Targeting elderly victims
3.4 Conclusion
4.0 AUSTRALIA
4.1 Legislation
4.2 Policy
4.2.1 Emphasis on relationships of trust
4.2.2 "Elder" abuse and indigenous cultures—Problems with the term
4.3 Conclusion
5.0 NEW ZEALAND
5.1 Legislation
5.2 Policy
5.2.1 Relationships of trust
5.2.2 Elder abuse as a form of family violence
5.2.3 Cultural aspects to elder abuse
5.3 Court Decisions
5.3.1 Vulnerable elderly victims of crime
5.4 Conclusion
6.0 SOUTH AFRICA
6.1 Legislation
6.2 Policy
6.3 Court decisions
6.4 Conclusion
7.0 THE UNITED STATES
7.1 Legislation
7.1.1 The federal framework: The Older Americans Act
7.1.2 State legislative responses to elder abuse
7.2 Policy
7.2.1 National
7.2.2 The state level
7.3 Conclusion
8.0 Concluding Remarks
APPENDIX A: Canadian Legislation—Comparative Chart
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Date modified:
2021-12-08