12 - Persons Living with Dementia and The Criminal Legal System: What Neuropsychology Can Offer

As the U.S. population ages, there is growing concern about persons living with neurocognitive conditions (hereafter, “dementia”) who have become involved with the criminal legal system. This includes inmates who develop dementia while aging in place in correctional facilities, as well as older adults with dementia entering the criminal legal system for perhaps the first time (e.g., due to disinhibited behavior associated with their condition). Despite the growing numbers and special needs and vulnerabilities of this population, little systematic information exists about older adults with dementia in the criminal legal system upon which to base policy and practice recommendations. In particular, neuropsychologists are uniquely situated to provide important information to the legal system about the deficits and needs of older adults with dementia, but legal personnel may not recognize the importance of neuropsychological expertise or may not have a way to access it. To address these gaps, a team of researchers, led by the American Bar Association Commission on Law and Aging, undertook a broad project to investigate this problem from multiple angles, including surveys and individual interviews with psychologists and neuropsychologists who work with older adults with dementia involved in the criminal legal system. Study results highlight the need for new paradigms and systems for addressing the needs of this vulnerable population.