NCJ Number
114631
Date Published
1988
Length
21 pages
Annotation
This paper presents a Maryland judge's perspective on the legal issues posed by AIDS and the existing capacity of the courts to address these issues.
Abstract
The AIDS crisis for the most part does not present new legal issues. The courts can address AIDS issues under the rubrics of existing law and legal concepts. The issues that AIDS presents can be grouped into fairly straightforward categories. One category of issues question when it is proper to identify people with AIDS or as HIV carriers. This issue focuses on whether mandatory testing is ever appropriate; and if it is, what populations should be tested. Another category of legal issues involves who is entitled to know about AIDS testing results. In addition to medical personnel, should such persons as criminal justice personnel, crime victims, public health authorities, spouses or sexual partners, and coworkers also know. A third category of legal issues relates to what can be done with persons having an AIDS-related condition once they have been identified. This involves such issues as the right to treatment, segregation, and discrimination. Although there are some unique aspects to AIDS in the courtroom setting, even these issues are not entirely unfamiliar to judges. Overall, judges are capable of confronting whatever legal challenges AIDS presents. 45 footnotes.