Elder Restorative Justice

Authors

Mary Helen McNeal, Syracuse University College of Law
Maria Brown, Syracuse University School of Social Work

Abstract

This article explores the viability of utilizing restorative principles to address elder abuse and recommends the continuing implementation of an "elder restorative justice" paradigm. Part I describes the widespread problem of elder exploitation and possible reasons for it, and Part II outlines current strategies to address it. Part III offers an overview of restorative principles, with a description of selected models. In Part IV, this paper reviews restorative approaches currently addressing elder abuse, and their benefits and challenges. Part V analyzes the applicability of the restorative models outlined above to the elder abuse context, assessing the most effective options for addressing this rapidly expanding societal problem. Finally, the article concludes with recommendations for specific pilot projects. Although restorative processes are not a panacea, they do provide viable alternatives in certain elder abuse contexts. The goal of this article is to examine past and present projects using restorative justice principles to assess the potential for broader adoption of these models. This analysis is a step towards identifying alternative remedies to assist older people confronted with elder abuse, enabling them to repair the underlying relationships, and enhancing their ability to continue their aging processes in safer and genuinely supportive environments.

Disciplines

Civil Rights and Discrimination | Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Elder Law | Law

Recommended Citation

Mary H. McNeal & Maria Brown, Elder Restorative Justice, 21 Cardozo J. Conflict Resol. 91 (2019).
Available at: https://larc.cardozo.yu.edu/cjcr/vol21/iss1/5