NCJ Number
123619
Journal
Oregon State Bar Bulletin Volume: 49 Issue: 5 Dated: (March 1989) Pages: 15,26,39-40,44
Date Published
1989
Length
5 pages
Annotation
This analysis of the role of the criminal justice system in addressing the HIV epidemic concludes that this role should be a minor one and that the challenge in any case involving AIDS is to determine the public interest, based on medical and scientific accuracy rather than irrational fear.
Abstract
Making HIV transmission a crime is both impractical and scientifically questionable, especially because of the lengthy incubation period for the disease. Trying to bring charges based on lack of consent, the mental state of recklessness, or other factors would thus be difficult. However, Oregon's law forbidding the willful spreading of a communicable disease appears to be a reasonable approach. Another issue relates to the concerns of correctional and court staff regarding HIV transmission from defendants and inmates. However, measures like isolation of HIV seropositive inmates or the use of rubber gloves are excessive. Finally, the criminal justice system cannot prevent disease, and the main problems relating to AIDS and the criminal law are the irrational fears related to the disease.