NCJ Number
122749
Date Published
1990
Length
9 pages
Annotation
The courtroom issues raised by HIV and AIDS require new applications of established legal precedents in an effort to balance the rights of the defendant and those of courtroom personnel.
Abstract
Thus, questions such as the extent of voir dire, whether trials should be postponed, and the competence of a defendant to stand trial can all be answered by reference to fairly well-established case law and statutes. Courts must also recognize that their duty to protect the safety of court personnel, jurors, and counsel cannot interfere with the defendant's right to a fair trial. They should consider this requirement in deciding whether court personnel and infected defendants should use protective measures and whether the defendant should be physically present in the courtroom during the proceedings. The resolutions recently adopted by the American Bar Association (ABA) are more appropriate than some of the other guidelines that have been established. The ABA guidelines discourage courts from using unusual precautions unless the infected inmate is violent, poses a demonstrated risk of escape, or is seriously ill. These guidelines also encourage all criminal justice agencies to develop and implement appropriate policies to reduce staff fear and avoid responses based on misinformation. List of cases and 21 references.