Children and the elderly are sometimes mistreated or neglected by those responsible for caring for them. Many states in the US have laws enacted to protect the old and sick from such actions. However, the laws in some states are not evident in some situations, and the perpetrators of inhuman acts may go unpunished.
I concur with the student’s conclusion that the elderly are at times are mistreated in the country, and there are no laws or jurisdictions to protect them. One notable case is the 1992 Supreme Court Case of the Commonwealth v. Pestinikas. The principal issue was whether one could be held criminally responsible for failing to meet a verbally agreed contract to care for an older adult, the neglect leading to suffering, injury or death. In this case, Mr. and Mrs. Pestinikas orally decided to take care of Mr. Kly by providing food, shelter, and clothing. The couple failed to honor their part of the contract leading to Kyle's death. The court affirmed that the couple could be criminally prosecuted for their actions and the jury eventually found them guilty of 3rd-degree murder. However, an appeal was filed, and the couple acquitted .
Delegate your assignment to our experts and they will do the rest.
To the best of my knowledge, the Pestinikas were morally responsible for the death of Kly. However, the law did not provide for statutes to charge the couple for their malicious acts. This was a weakness the part of the laws of the state of Pennyslavia. The state’s laws only provided for criminal liability for the omission of duty by one individual to another if the mission was a legal duty but not a moral obligation.
Lessons from this example highlight the importance of states to enact strict laws to protect old people from mistreatment. It is my opinion that States adopt a more dynamic model like the one applied in countries like Sweden. Such laws will help in for caring for essential but forgotten people in the society.
