Prisons (From AIDS and the Law: A Guide for the Public, P 235-250, 1987, Harlon L Dalton and Scott Burris, eds. -- See NCJ-107949)

• NCJ Number: 107954
• Author(s): U Vaid
• Date Published: 1987
• Length: 16 pages
• Sale Source: Yale University Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper discusses some of the legal and management problems posed by acquired immune deficiency syndrome (AIDS) among inmates.

Abstract

After an overview of prison life and the effect the prisoners' rights movement has had on confinement conditions, the discussion focuses on the demographics of AIDS among prisoners. A consideration of the transmission of AIDS in prisons and the roles of antibody testing, segregation, and education in preventing its spread is followed by an examination of the potential liability of prison officials regarding inmates who contract AIDS in prison. A review of the legal duties of prison officials to care for inmates with AIDS outlines the provisions of adequate health care. Prison officials' responsibility to protect inmates from AIDS infection by sexual assault is also noted. In addressing obstacles to a progressive and humane response to AIDS among inmates, the paper discusses hysteria about the illness, the political unpopularity of sexual activity and drug use in prison, inadequate financial resources, overcrowding, and the fundamental paternalism and chauvinism of the criminal justice system.