AIDS: A Judicial Perspective

• NCJ Number: 115467
• Journal: Judicature Volume: 72 Issue: 4 Dated: (December-January 1989) Pages: 205-209
• Author(s): P J Messitte
• Date Published: 1989
• Length: 5 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: This article is adapted from a speech to the Maryland Judicial Conference, Greenbelt, Md., May 6, 1988.

Annotation

This article considers whether AIDS poses new issues for the courts, the grouping of AIDS legal issues, and the management of defendants with AIDS in the courtroom.

Abstract

The AIDS crisis, for the most part, does not present new legal issues, and the issues can be grouped into straightforward categories. One group of legal issues pertains to when, if at all, it is proper to attempt to identify people with AIDS or carriers of the AIDS virus. A second grouping of issues concerns the confidentiality of medical information on people with AIDS and AIDS carriers. A third grouping of legal issues focuses on what can legally be done with those who have an AIDS-related condition. The judges' task is to determine whether, once policy decisions have been made, they properly conform to such constitutional considerations as the legitimate exercise of police power, due process and equal protection of law, and the right to privacy. The managing of persons with AIDS in the courtroom setting poses familiar issues, i.e., maintaining public health/safety and ensuring the defendant a fair trial, due process, equal protection, and privacy. 45 footnotes.