California Civil Jury Instructions for Elder Abuse Cases

Elder abuse is one of California’s most pressing issues, especially when you consider that California has the nation’s highest percentage of elderly people in its population. Data from the California Department of Consumer Affairs found that our state has more than 4.2 million people aged 65 and older, or 11% of the state’s population. Moreover, projections have that number increasing to 20% within the next 20 years. This is significant because it is this sector of the population that either currently resides in or eventually will need care in a nursing home or other facility.

Not only is elder abuse a serious issue in California, and it can take many different forms. This is also important because, as a California citizen, you may be called to sit on a jury for one of these cases. Thus, it’s important to understand the scope of the problem, as well as what you’ll need to know if you do find yourself part of a jury for a California elder abuse case.

Maison Law Provides Answers For California Elder Abuse Victims

Whether you have been a victim of elder abuse, your loved one is suffering abuse in their nursing home, or you have received a jury summons for an elder abuse case, Maison Law can help. Our team of experienced California lawyers have the knowledge and experience to get you the answers you need. If you would like to learn more, contact us for a free consultation.

What are California Jury Instructions?

California jury instructions are the legal guidelines given by the judge to the jury during a trial. The instructions are designed to help the jury understand the law that applies to the case and to guide them in their deliberations.

Jury instructions, which are formally laid out in the California Civil Jury Instructions (CACI),  cover a range of legal topics, including:

• Elements of the offense
• Burden of proof
• Credibility of witnesses
• Damages

These instructions are an important part of the trial process because they help ensure that the jury applies the law correctly to the facts of the case. If the jury applies the law incorrectly, it can result in an unjust verdict. At the same time, these instructions are fairly dense and can be difficult to understand. For that reason, these instructions are divided into different areas of the law to provide a bit more focus.

California Jury Instructions and Elder Abuse Cases

Found in Section 3100 of the CACI, the instructions for jurors in a California elder abuse or neglect case covers a wide range of different topics. First and foremost, elder abuse is defined by the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). The provisions of the law define elder abuse, with the jury instructions providing how the law applies to the specific case.

In taking a closer look at this section of the CACI, it provides the following information for potential jurors:

• Definition of elder abuse – Elder abuse in California is defined as any physical or emotional abuse, neglect, abandonment, abduction, malice, recklessness, financial abuse, or any other treatment resulting in physical harm, pain, or mental suffering of an elder.
• Definition of an elder – An elder is defined as any person aged 65 or older who is a resident of California.
• Essential elements of an elder abuse case – In an elder abuse case, the burden of proof falls on the plaintiff, or person bringing the claim for abuse. In order to prove elder abuse, the plaintiff must establish three essential elements:
  • The defendant (care provider) either took action or failed to take action which caused harm to the plaintiff.
  • The defendant knew or should have known that the plaintiff was an elder.
  • The defendant’s conduct constituted neglect, physical abuse, financial abuse, abandonment, isolation, abduction, or other treatment that resulted in physical harm, pain, or mental suffering.
• Jury instructions – In an elder abuse case, the judge will give instructions to the jury to help them understand the law and how it applies to the case. These instructions will define key terms, explain the legal standard for proving elder abuse, and guide the jury in their deliberations.
• Preponderance of the evidence – The jury will be instructed that the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the evidence supports the plaintiff’s claims.
• Causation – The jury will be instructed that the plaintiff must prove that the defendant’s actions or inactions caused the harm suffered by the plaintiff.
• Damages – If the plaintiff prevails in an elder abuse case, they may be awarded damages, which may include compensation for medical expenses, pain and suffering, and other losses.
• Statute of Limitations – It is important to note that there is a statute of limitations for filing an elder abuse claim in California. Generally, the claim must be filed within two years of the date of the abuse or within two years of the date the plaintiff discovered or should have discovered the abuse.

Again, these are the main elements of an elder abuse case in California. As a potential juror in one of these cases, this information should guide your decision-making process. But the question remains, what should you do if you are selected to be a juror in an elder abuse case?

What Should I Do if I’m Called to be a Juror in a California Elder Abuse Case?

No matter what type of case, being a juror is a serious responsibility. While this can be intimidating, it’s also one of the most common types of civic duty that you will find in California. When you have been called to serve as a juror in an elder abuse case, it is important to approach the task with an open mind and a commitment to fairness and justice.

In order to do that, here are some steps you can take to prepare for your role as a juror:

• Familiarize yourself with the case – Before the trial begins, you may receive information about the case, including the names of the parties, the nature of the allegations, and the potential witnesses. Take the time to review this information and get a basic understanding of the case.
• Listen carefully to the evidence – During the trial, you will hear testimony from witnesses and see the evidence presented by the parties. It is important to listen carefully and evaluate the evidence objectively, without bias or preconceptions.
• Follow the judge’s instructions – The judge will provide instructions to the jury at various points during the trial, including at the beginning and end of the case. It is important to follow these instructions carefully, as they will help guide your deliberations and ensure that you apply the law correctly to the facts of the case.
• Deliberate with an open mind – Once all the evidence has been presented and the parties have made their arguments, you will be asked to deliberate with your fellow jurors to reach a verdict. It is important to approach this process with an open mind and a willingness to consider all the evidence and arguments before reaching a decision.|
• Maintain confidentiality – Jurors are required to maintain the confidentiality of the deliberations and the verdict. This means that you cannot discuss the case with anyone outside the jury room, including family, friends, or the media.

Elder abuse cases are among the most tragic in the California legal system, involving the abuse and harm of an elderly individual by the very people that have a duty to protect them. Still, as a juror in this California elder abuse case, you are entrusted with the responsibility of upholding the law and ensuring justice is served. Thus, it’s extremely important to carefully consider all the evidence and to remember to remain impartial so that you can reach an informed decision.

Contact Maison Law For a Free Consultation

Because elder abuse is such a common–and unfortunate–issue in California, the likelihood that you or a loved one will experience it is increasingly likely. This also means that elder abuse cases will be on the rise, and you may be called to be a juror in one of these important cases. No elderly person should suffer abuse of any kind, but it still happens. When it does, and the case goes to trial, you may be selected as a juror.

At Maison Law, our team of experienced California elder abuse lawyers can answer any question you may have about being a juror or any other legal question you have. If you’ve received a jury summons or simply would like to know more about the process, contact us for a free consultation.