NCJ Number
117484
Journal
New Jersey Lawyer Issue: 126 Dated: (January/February 1989) Pages: 36-39,77
Date Published
1989
Length
5 pages
Annotation
This article highlights the most urgent AIDS challenges facing the criminal justice system, including what type of infectious conduct is punished and how to manage AIDS-infected persons in prisons.
Abstract
Legislation introduced in New Jersey's Assembly would criminalize the knowing infection of others with the AIDS virus. In the absence of an AIDS-specific statute, the traditional offenses of homicide and assault have been used to prosecute those who transmit or attempt to transmit the AIDS virus. The difficulties in such a prosecution are proving intent and causation (proof that the defendant actually transmitted the AIDS virus to the victim). An AIDS-specific statute, which creates a new criminal offense, will encounter difficulty in balancing the severity of the harm done and the punishment of persons who intentionally transmit the virus with the legitimate concerns of those whose lifestyles place them at risk. AIDS policy in prisons must also balance competing interests. Those inmates who have not been infected or exposed to the virus are entitled to protection from exposure while in the State's custody. Those who have been infected are entitled to appropriate care and treatment. Whether these competing demands on the penal system will require specialized facilities to house AIDS-infected inmates remains to be determined. Mandatory testing is the first step toward providing the penal system with the information necessary to make an informed decision on the issue. 38 footnotes.