Too old for jail?

[froglady]

Your reason was arbitrary (70 years old) so was mine (poor writing skills.) Advanced age does not mean a person is unable to drive.

It's very easy for a teenager, or someone in their twenties, to say that 70 is too old to be driving. As someone in her 50s, with a DH who just turned 60, 70 doesn't seem all that old anymore!

No way will DH be ready to stop driving in 10 years....UNLESS something happens before then to incapacitate him.

That being said, I made my mother stop driving at age 80, after she broke her hip. She never gained full mobility in that leg (her right) and I felt that she would definitely be one of those "hit the wrong pedal" drivers. It's not that all of them actually hit the wrong pedal, but they lift the right foot, and THINK they've shifted it over to the brake, but because of limited flexibility, it just goes back down on the gas. I'm always frightened when I see elderly people who can barely lift their feet to walk (like my mother) get into a car and drive off.

As to the OP, I also feel that incarceration in a nursing type facility with no car would serve him better. Perhaps they could give him some sort of community service there? I wouldn't be so much concerned with depriving him of his freedom, but would be concerned about his becoming a victim of younger prisoners.

I guess it's the punishment vs protecting society question. Do we just want to punish him, or do we want to protect society from his repeating his actions? If the first, lock him up. If the second, take away his car, and put him someplace where he can't get another.

But as our society ages, we MUST find some way to provide the elderly with efficient transportation and/or living arrangements so that they will not feel that they must drive themselves.

 

[JunieJay]

My FIL passed away 2 weeks ago. He basically lived the last 3 years of his life in his own prison, having fallen asleep at the wheel after driving for 14 hours, resulting in an accident that claimed the life of his beloved wife of over 50 years.

I'm glad no one thought he deserved to be locked away with the key thrown away......and I pray that he is finally at peace. An accident is just that, an accident.

 

[ericamanda01]

You all are so helpful, you have no idea! I am writing a paper on this topic and didn't know where to start. OP I am a little torn, I think I would need more info on the driver to make that decision. I mean if I were to just go on facts I would say yes he needs to go to jail. But what good would that do him. Jail is supposed to be about rehabilitating someone for society.

But I do believe that the elderly should be required to take a driving and vision test at the DMV at a certain age. We require it at the age of 16, why not at the age of 70, when our vision isn't as good and our reflexes aren't as fast as they used to be.

 

[Stitchfans]

yes I think he is too old for jail, but I do think that he would be better served to be placed in a nursing home and not allowed to leave. Lets face it, our prison system isn't set up to deal with the elderly, but thats not to say he shouldn't be punished. I just don't think prison is the answer.

Worded nicely. This is exactly what I was thinking.

 

[Dragonlord11_7]

The victims ranged in age from 7 months to 78 years.

Sorry to point this out but there was a 7 MONTH OLD BABY among the dead. I can't stand infant deaths... I say to jail with him, but if a nursing home is willing to take such a man in let him go. He had a VERY REASONABLE amount of time to stop... I agree with everyone who said that there should be a vision and mobility test for the elderly drivers.

 

[teacherforhi]

My FIL passed away 2 weeks ago. He basically lived the last 3 years of his life in his own prison, having fallen asleep at the wheel after driving for 14 hours, resulting in an accident that claimed the life of his beloved wife of over 50 years.

I'm glad no one thought he deserved to be locked away with the key thrown away......and I pray that he is finally at peace. An accident is just that, an accident.

This is going to sound mean...but that wasn't an accident. There are very few people who could drive for that long and do it safely. If he was that tired, he deliberately put his life and the lives of others in danger and his wife paid the price.

About four years ago, a man who had been driving all night fell asleep at the wheel and hit a group of children at a bus stop. My school lost three students that day and the elementary school that picks up at the same stop lost four.

He was convicted of seven counts of vehicular manslaughter and sentenced to 50 years. I hope he dies in prison. He could have pulled over somewhere and rested.

 

[Toby'sFriend]

I guess a "nursing home" would be an ok solution, if there were a Nursing Home able to take on such a responsibility. Unless he is placed in an Alzheimer's type of unit, Nursing Homes simply are not equipped for lockdown situations.

Lets face it, our prison system isn't set up to deal with the elderly, but thats not to say he shouldn't be punished. I just don't think prison is the answer.

Actually that is not true. Most states have had to address the issue of aging prison situations due to the increase in life sentences, no parole's, 3 strike laws etc etc etc. There is an increasingly larger number of people growing old and dying in Prison.

I have to imagine that if he were given a prison sentence, he would be sent to the equivalent of the Prison Nursing Home, which if you Google you can see that Florida does in fact have such a place.

 

[Chuck S]

In truth, the man may have had a stroke (maybe not)...but there are obvious problems with his mental health...most likely due to aging. Anyone that would say "They should have moved" is not thinking with a clear mind, perhaps because of Alzheimer's or even simply demensia. He should have been in a supervised care facility.

Now that the accident has happened, it is clear our penal system is not equipped to properly care for someone of that age. Somewhere there needs to be a facility built too care for these aging inmates, and he should be placed there. Until such a facility exists, he should be confined to a nursing facility with an ankle alarm.

 

[Keli]

Home incarceration yes, prison NO. He is just too old IMHO. At some point, say 85 yrs and up I am ready to let every elderly prisoner go home to die if they have a home and someone willing to live there with them. Even if they are murders, etc. I believe at that age they are too old to perpetrate more crimes even if they aren't reformed.

 

[skuttle]

I don't think he should go to prison. I do think he should pay for his actions, and home incarceration sounds like a good idea. It really isn't his fault that he is still driving, IMO. A lot of elderly people become very stubborn when it comes to giving up some independence, like driving. I think we should have stricter laws when it comes to the elderly...after a certain age, give them tests regularly and also maybe a note from their doctor.

Also, his family should have tried to keep an eye on his driving to determine if he was still capable. My grandpa turned 81 in August and he still drives. He doesn't go too far anymore, just around the small town they live in, but he still drives. So does my grandma and she's in her late 70s. I know my mom and her brothers are watching out for them, making sure they are doing okay.

 

[DISUNC]

Throw the book at him!

If one is OLD enough to have a drivers licence, then one should be held accountable for their actions, regardless if they are 17, 37 ,77 or even 97!

 

[JunieJay]

This is going to sound mean...but that wasn't an accident. There are very few people who could drive for that long and do it safely. If he was that tired, he deliberately put his life and the lives of others in danger and his wife paid the price.

About four years ago, a man who had been driving all night fell asleep at the wheel and hit a group of children at a bus stop. My school lost three students that day and the elementary school that picks up at the same stop lost four.

He was convicted of seven counts of vehicular manslaughter and sentenced to 50 years. I hope he dies in prison. He could have pulled over somewhere and rested.

My point is people like you didn't need to tell him they hoped he died in prison. He already did...in his own personal prison. People make mistakes, and yes, it was an accident. Just not one he ever forgave himself for. Can't think of a tougher sentence than that.

 

[noodleknitter]

My point is people like you didn't need to tell him they hoped he died in prison. He already did...in his own personal prison. People make mistakes, and yes, it was an accident. Just not one he ever forgave himself for. Can't think of a tougher sentence than that.

That poor man. I'm so sorry.

 

[VSL]

I think they should lock him up and throw away the key. What if it had been a 15 year old child who did this same thing? We wouldn't hesitate to treat him as an adult, so why would an elderly man be any different?

I have some very strong opinions about elderly drivers.

ITA

 

[MushyMushy]

My point is people like you didn't need to tell him they hoped he died in prison. He already did...in his own personal prison. People make mistakes, and yes, it was an accident. Just not one he ever forgave himself for. Can't think of a tougher sentence than that.

You're right, but in your FIL's case, there was no worse punishment for him than losing his own wife to his poor decision. In the case of the man who killed all those people, he himself didn't suffer a loss! Letting him walk free to possibly kill again is no answer. He needs to be punished.

That's why we need flexible laws and judges who will look at every facet of a case and make a decision based on what's best for every circumstance.

 

[ZipaDeeDooDah]

This is such a sad case, but it is not so black and white to me considering the man's age. In my opinion, the government needs to change how and how often they evaluate elderly drivers.

 

[AKLRULZ]

He killed 10 people. I don't care how old he is, he should go to jail.

100% agree.

What's next? I'm too cute for jail, too tall, too skinny, too fat, too ugly, too smart, too dumb, too young, too rich, too poor, too black, too white..... the list could go on forever. We're on a slippery slope if we allow this man a pass just because of his age.

 

[Chuck S]

100% agree.

What's next? I'm too cute for jail, too tall, too skinny, too fat, too ugly, too smart, too dumb, too young, too rich, too poor, too black, too white..... the list could go on forever. We're on a slippery slope if we allow this man a pass just because of his age.

There have been times in the justice system where someone is considered too ill, and is sentenced to an alternative location, like a hospital. Whether he is in jail or a supervised nursing facility, incarceration is still incarceration, he would not be "passing."

 

[LoriMistress]

Lock him up and throw away the key. Doesn't matter if the person is ten-years-old or ninty. A criminal is a criminal. He showed no empathy for what he did, and his own family thought it was amusing that their own father was a horrible driver. (Old tapes was used in court showing how their own father was not a safe driver. Ex.: Cannot pull into his own garage and knocking down part of his garage wall, etc.) The family are just as reponsible has he has. They knew that he wasn't a safe driver, yet they encourage his behavior.

 

[castleview]

Wow! I am totally in the minority here. We're all going to be elderly one day and I'm curious to see how many of the posters here would give up their licenses and independence so easily. Are we ready to drive the elderly everywhere - given that many have to refill their meds and see doctors multiple times during the week?

I'm also curious about these comments he made and if they were taken out of context. When my grandmother became disoriented and totally missed a shelf when she was putting some dishes away (she's in her 80s), she immediately blamed and yelled at everyone around her. She was embarrassed, upset, and confused...and that was about the only reflex working for her at her age.

Sorry, I just don't see this man as a "criminal". I don't know what the right answer is or even if one exists in this case.