Justice is blind and will sometimes result in the incarceration of the elderly, either due to crimes they have committed or due to the service of long sentences. With the continued opposition to the death sentence which was erstwhile preferred for aggravated offenses , the concept of being sentenced to “die in jail” has taken root (Horwitz, 2015) . Individuals who are sentenced to life without parole will sometimes live to a grizzled old age while still in prison. Added to the burden of the few elderly criminals incarcerated while relatively elderly, the result is a serious problem of having to cater for the old and infirm in prison. The primary solution to this problem is not to find a way to take better care of the elderly in prison but rather to keep the old and infirm out of prison. Cohen, 2016)
One of the primary costs of having incarcerated people in prison is the absence of cost-sharing programs. It takes a lot of money to keep any prisoner in jail but the cost is extenuated because the prisoners are able to do most duties for themselves or for one another (Horwitz, 2015) . Further, prisoners are sometimes involved in vocational activities in prison hence generate income. The elderly are unable to take care of themselves and need care, which comes at an expense. They are also too frail to be involved in any economic activity. Secondly, old age comes with both acute and chronic illnesses most of which are expensive to treat and require constant care (Cohen, 2016) . These illnesses create the extra cost of medication and specialized care by healthcare professionals all at the expense of the taxpayer. Elderly prisoners may also not be able to handle the ordinary prison diet and will require a special prescribed diet that will also come at an extra cost (Horwitz, 2015) . Finally, most American prisons, more so the maximum security prisons are among the most dangerous places on earth from the perspective of violence. Keeping the elderly safe and treating them when they are hurt will also add costs to the taxpayer.
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Whereas the above financial burdens are inordinately high, they are also unavoidable as long as the elderly continue being incarcerated. Modern laws, backed by solid judicial precedent have placed the obligation of catering for all prisoners on the government and by extension on the taxpayer (Cohen, 2016) . Indeed, prisoners have universal primary health care , unlike those who are free. The only way to solve the problem of the high cost of maintaining the elderly and infirm in prison is to ensure their release. This suggestion is not easy based on two primary reasons. First, elderly is an extremely relative term. Some people can be considered as old and infirm by their mid-sixties while others will still be strong beyond their 80 th birthday. Secondly, prison is meant for punishment and rehabilitation (Horwitz, 2015) . It would be unfair for people to escape consequences of their actions just because of their age.
To solve these two problems, the issue of releasing the old and infirm can be considered under the same approach as parole. The fact that one is eligible for parole does not mean that the individual will be released on parole at all. Every case is considered on its own merits. If only those who are confirmed to be elderly and infirm are released due to their individual's conditions, not just age are released, the two problems will have been solved. Instead of looking at age, a team that includes a medical practitioner will evaluate and confirm that the prisoner is old enough to be considered infirm. Such a person will be released forthwith but remain under the kind of close watch that parolees are kept under. Secondly, the issue of escaping punishment and reconciliation will no longer be a factor since those confirmed to be clinically old and infirm understand neither punishment nor rehabilitation.
References
Cohen, A. (2016, November 16). Older prisoners, higher costs. Retrieved March 12, 2018, from https://www.themarshallproject.org/2015/05/06/older-prisoners-higher-costs
Horwitz, S. (2015). The painful price of aging in prison. Retrieved March 12, 2018, from http://www.washingtonpost.com/sf/national/2015/05/02/the-painful-price-of-aging-in-prison/?utm_term=.f1720d5d154b
