The Cruel and Unusual Punishment of Being an Elderly Woman in the U.S. Prison System

The United States has an extensive and complicated relationship with its ever growing population of geriatric individuals within the criminal justice system. People in prison are considered elderly at the age of fifty, which is fifteen years younger than the age a civilian would be given that same title. Elderly individuals in prison require more medical care and accommodations due to the natural side effects of aging, which leads to an overall higher cost of care for said individuals. Subsequently, many correctional institutions have cut corners and provided less than adequate accommodations. Elderly women in prison have an even more uniquely terrifying experience in correctional facilities because of their double-minority status and their heightened risk of sexual abuse. This phenomenon is dangerous and is a direct violation of these women’s basic human rights. United States prisons are constitutionally required to provide health care and protect the human rights of all people in prison, regardless of what their crime, sentence, gender, or health status is. This shameful mistreatment of elderly women in prison qualifies as a form of cruel and unusual punishment under the eighth amendment of the United States Constitution. In this paper, I will argue that elderly female women in prisons within the United States criminal justice system must be provided with a higher level of care than what is currently provided because the criminal justice system is disregarding their basic human rights, which are afforded by the United States Constitution. 

Abbey Gildehaus

Abbey is a senior from Augusta, MO and she will be graduating with her Bachelor of Arts in Bioethics and Health Studies. After graduation, Abbey will be taking a year to work in the legal field and apply to law school. Throughout her academic career at SLU she has been involved in the Zeta Zeta chapter of Phi Mu as the Diversity, Equity, and Inclusion Chairwoman. 

Abbey would like to thank all the faculty in the Health Care Ethics department, especially Dr. Erica Salter. Her approach to human dignity and compassionate end-of-life care have been a  huge inspiration for Abbey during her research. Dr. Salter's passion, kindness, and support will always be cherished memories from Abbey's time at SLU.