Many states in the US have laws enacted to protect the sick and elderly against mistreatment. Law enforcement officers have the right to charge persons deemed to have broken such laws. However, the officers have to make a proper interpretation of the rules to avoid wrongful prosecutions. The state of Florida charged Mr. and Mrs. Pestinikas for exploiting and failing to take care of a 92-year-old woman. It is my opinion that the State wrongfully prosecuted the couple.
The State of Florida statute, 18 Pa.C.S. & 301(b), concerning the case states that liability for action may not be based on omission unless the omission is sufficiently defined by criminal statutes or the duty to perform the laws imposed the omitted act. In this case, there was no law requiring the Pestinikas to take care of the senior woman. Additionally, Florida's criminal Law states that a caregiver who fails to [provide and care for the elderly commits a felony of negligence. Here, the law is unambiguous that for the person to be criminally prosecuted, there must be proof that the person was the caregiver. Mr. and Mrs. Pestinakas only verbally agreed to take care of the senior woman, and it is not clear for how long. Therefore, the State can't prove that they were the caregivers.
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The state can't also provide proof that the senior woman had been neglected. After the woman's death, it's is the Pestinikas who phoned ambulance services. This disqualifies the neglected argument. More so, the woman may have died of natural causes due to her advanced age. The couple can’t be convicted of exploitation since the woman willingly agreed to have them as signatories to her bank account to enable them to withdraw funds for her upkeep. The amount withdrawn by the couple was for Kly's maintenance for the period that she was under their care.
The mitigating factors in the Pestinaks case face may be that Mrs. Kly remained under their care for an extended period, two years, after leaving the hospital. Providing for her for such a long time before her death is enough reason to portray their caring nature. Another mitigating factor is that the senior woman died in a flat owned by the couple. This proves that they provided shelter for her.
In conclusion, Kly’s death canot be convincingly proved to have been caused by the Pestinakas acts of omissions. Furthermore, there was no written contract stating that the couple was Kly’s caregiver. All these factors have to be considered and the Pestinakas duly acquitted.
