3 Analyzing factors for the increase in number of elderly offenders by major type of offense

(1) Major offences in which the increase of elderly offenders is noticeable
  The number of persons cleared for non-traffic penal code offenses by type of offense in each age group shows that the ratio of theft cases was the highest for every age group. Among elderly, theft cases accounted for nearly 2/3 of the total number, followed by embezzlement (of which 99.3% was embezzlement of lost property; although not limited to the elderly, 96.6% of cleared cases for embezzlement of lost property was for bicycles in 2007) at 22.0%, assault at 3.7%, and injury at 2.3% (see Chapter 2, Section 1). Theft cases were noticeably high, especially among elderly females, at a little less than 90%. By modus operandi, shoplifting was dominantly high among theft cases at about 90%. Shoplifting is an offense with which the female rate is high (the female rate for persons cleared for shoplifting was 44.2% and 48.4% for elderly; see Table 7-2-1-4) and may be a major factor in raising the female rate in elderly offenders. Shoplifting and embezzlement of lost property accounted for 75.0% for elderly offenders cleared for non-traffic penal code offenses. Changes in the number of elderly offenders cleared between 1988 and 2007 shows that it increased by nearly 39,000 persons in total, of which theft accounted for 62.2% and embezzlement of lost property 24.1%, thus these two types of offenses accounted for nearly 90% of the total increase. In addition, most of the increase in theft was for shoplifting (see Chapter 2, Section 1).
  The increase in number of elderly offenders cleared for injury/assault and its rate per population were remarkable as well. Hence the major cause of the increase in number of elderly offenders, in terms of the type of offense, is the increasing number of theft/embezzlement of lost property cases, followed by that of injury/assault cases.
  For homicide cases, the rate per population (elderly) of persons cleared in 2007 was about 1.4 times of that in 1988. The number of persons cleared for homicide and its rate per population have both been increasing over the last 20 years, and it is noticeable that the elderly rate is at a high level next to theft and embezzlement of lost property.
  Accordingly, investigating the causes of the increase in number of theft, injury/assault, and homicide cases is important. The cause and background of characteristic cases of these offenses are discussed below.

(2) Theft (repeat offenders and shoplifting cases by females stand out)
  Although the increase in number of theft cases committed by elderly is remarkable, most of the increase at the clearance stage is for shoplifting, as described above. Of course, including those who had committed other offenses than theft, some were disposed by police as trivial offenses and not referred to public prosecutors offices, and some were also granted suspension of prosecution, etc., and hence the number of persons imprisoned without suspension of execution of sentence is small. However, the numbers in the later stages have also been increasing significantly over time (see Chapter 2, Section 4, 1 (6)).
  The problem of deteriorating living situations was pointed out in this research, for over 50% of elderly theft offenders had previous imprisonment records and the ratio of shoplifting is high when compared to non-elderly theft offenders, with those having little money being more prevalent among elderly male theft offenders than females, and with a little less than 50% of elderly male theft offenders being homeless or had no stable residence.
  Under such circumstances, the fact that the number of repeat offenders is increasing must be addressed first. Normally, as those who had committed theft, etc. at young or prime ages become older, they will refrain from committing offenses such as theft due to declining physical strength or having reached social maturity. However, as shown in Fig. 7-2-4-6, the number of reimprisoned elderly is increasing. The direct causes for repeat offenders committing theft may vary, but their high criminal tendencies would appear to play a major role.
  In addition, the number of persons who had committed offenses for the first time at an elderly age is also increasing. The number of professional theft cases such as burglary and pick-pocketing is quite small (see Chapter 3, Section 2, 2 (3)). The cause and background of this cannot be generalized, but many males had become homeless and committed shoplifting to make a living while many females committed shoplifting not only from financial difficulties but due to their defiant/dependent attitude (see Fig. 7-3-2-30 and Fig. 7-3-2-31). These cases may be the cause for the increase in number of elderly first-time offenders committing theft.

(3) Injury/assault (violence under the effect of alcohol and getting into trouble with neighbors stand out)
  The number of elderly offenders in injury/assault cases is also increasing in each procedural stage, as in theft cases. The special research also analyzed elderly injury/assault offenders. The conventional image of elderly is that they are calm and gentle compared to those at young and prime ages. However, contrary to such an image, offenses against persons are increasing. Unlike elderly theft offenders described above, in general, many of elderly injury/assault offenders lived with their families and did not have financial difficulties. As described in 3 of Section 2 in Chapter 3 in detail, their living situations suggest that they were still active and were not significantly different to non-elderly injury/assault offenders. However, quite a few elderly got into trouble with their neighbors and committed offenses. This is a noticeable trend that differs to that with non-elderly injury/assault offenders. Hence this should be taken into consideration when discussing their reintegration into society. In addition, a number of elderly injury/assault offenders were under the effect of alcohol at the time of their offense. They were isolated in society and had no one to talk to about their problems, etc. And as a result they could not remedy their habit of drinking alcohol to relieve their mind and thus committed offenses. Probably because the damages were minor and in light of the circumstances, such as their being isolated in society, many of those cleared and referred to public prosecutors offices were not indicted and most of them were put on summary trial procedure (68.4% for injury and 80.5% for assault; see Chapter 2, Section 2). The special research also showed that 80% of injury/assault offenders were sentenced to fines, with the number of those sentenced to imprisonment without suspension of execution of sentence being small (see Fig. 7-3-2-33).
  Unlike theft cases, their habitual criminal tendencies such as the number of previous convictions were not considered as a cause for the increase in number of offenses. Whether they had records of previous convictions or not, they simply committed offenses in rage/anger (see Fig. 7-3-2-39) or due to stubbornness or pride (see Fig. 7-3-2-40).

(4) Homicide (many cases were against relatives)
  The number of elderly offenders who had committed homicide is also on an increasing trend. In homicide cases, details and trends differ significantly between those cases against relatives and those against non-relatives. According to the special research, of 50 elderly homicide offenders, those against relatives accounted for the majority at 28 persons. The homicide cases by elderly female offenders in particular were all against relatives (see Chapter 3, Section 2, 4 (3)). In addition, the majority of elderly female homicide offenders against relatives gave “exhaustion from nursing care” as a cause for their offenses (see Fig. 7-3-2-49 [3]). Hence one of the causes for the increase in number of elderly homicide offenders may be that they were exhausted in their daily lives where they had family members requiring nursing care due to the progress of aging society.