post by Sam C.
The legal system places much in store on its credibility and indefeasibility. To the layman looking in, the court must appear to be infallible; ensuring that justice is done whilst taking into account any mitigating circumstances, for justice is about fair punishment rather than retribution. It is because of this that a number of pleas negating mens rea have developed, some examples being insanity and diminished capacity.
The problem is particularly acute as we get older. Many elderly people suffer from various forms of dementia, and it is very important that the court has this in mind throughout the trial. Take, for example, a situation where a case hinges upon the testament of an elderly person who is suffering an advanced form of dementia. If great weight is placed upon this evidence it is very possible that the decision will always be seen as somewhat unsafe, for the conviction may be based upon evidence given by somebody whose account may be in doubt. Similarly, if a person with dementia commits a crime and is forced to enter a plea the case may be seen as unsafe, for a person who is not laboring under the ailment may be able to construct a case and defend themselves in a much more effective way. The law depends upon the confidence of the public, and unsafe convictions do much to undermine this confidence.
It is therefore essential that geriatrics expert witness is consulted in any case that involves an elderly person. This should really be a precursor to the actual trial, particularly where the case involves the elderly person as the defendant, for the court needs to know before any plea is entered whether the person involved has the capacity to enter such a plea. If the expert witness decides that they cannot, the court has a number of options open to it, ranging from allowing them to walk free to detaining them in a mental health hospital. Where the elderly person is giving evidence, it is also important to gain the advice of a geriatrics expert witness as soon as possible; the last thing that you want is to put a large emphasis on the evidence of a person who is later found to be incapable of giving such evidence.
Of course, not all elderly people suffer from dementia but it is much better to be safe rather than sorry. More importantly, the geriatrics expert witness reinforces the credibility of the legal system, which is, in itself, an essential endeavor.
Is A Geriatrics Expert Witness Necessary?
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