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July 20, 2015
Judge Tom
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2

Can you be too old to be prosecuted for a crime?

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Auschwitz

Every now and then, you hear about an elderly person in court facing criminal charges. It may be for something like shoplifting or negligence while driving. However, even seventy years after World War II, participants in the Holocaust are and have been brought to justice.

Consider the case of Oskar Groening who recently confessed during his trial to feeling “moral guilt” for serving as an SS sergeant at Auschwitz. Referred to as the “accountant of Auschwitz,” the 94-year-old, testified that he oversaw the collection of prisoners’ belongings including valuables and cash. Following a 2 1/2 month trial, the court ruled that he was guilty of being an accessory to the murder of 300,000 Jews and sentenced him to four years in prison in July, 2015.

“This verdict was critical, because this is the first case brought where the prosecution charged a person who wasn’t involved in the physical side of mass murder,” said the Simon Wiesenthal Center’s head Nazi hunter, Efraim Zuroff. “What you, Mr. Groening, see as moral guilt is exactly what the law sees as accessory to murder,” the judge said.

As one party to the case commented after sentencing, the moral is that “no matter how old you are, you will have to face justice.”

Update: Groening’s attorneys filed an appeal arguing that he deserves a reduced sentence since it took so long to bring his case to trial. He will remain out of prison until his appeals are heard.

In January, 2016, it was reported that 95-year-old, Hubert Zafke, a medic at Auschwitz, will go on trial in February in Germany for charges of being an accessory to 3,681 murders that occurred in one month at the prison camp in 1944.

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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2 Comments

  • John Held
    October 25, 2015 7:12 pm count( 0 )

    Yes you can be too old to be prosecuted for a crime. I say this because if you are 85 years old and you are sent to jail for 5 Years for a crime that is non violent you are technically giving the person a life sentence for a non violent crime. But when it comes to violent crimes like murder there is no such thing as “too old”
    Dear John: Americans are living longer for a variety of reasons. So, a five-year sentence at age 85, may not necessarily mean a life sentence. The real point is that no one is beyond the law and age is not a defense (unless you’re under the legal age to be prosecuted (age 8 or 10, for example).

  • Bert Cundle Sr.
    July 22, 2015 11:55 pm count( 1 )

    Can you be too old to be Prosecuted for a crime?
    NO… But , you can be too feeble.
    Dear Bert: If by “feeble” you mean unable to understand the charges filed against you and unable to help your lawyer in your defense, then you’re right. One must be legally competent to proceed to trial in a criminal case. Thanks for writing.
    (This is information only – not legal advice).