U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Is the Segregation of HIV-Positive Inmates Ethical?

NCJ Number
186413
Journal
Prison Journal Volume: 79 Issue: 1 Dated: March 1999 Pages: 101-118
Author(s)
Penny A. Robinette; Billy Long
Date Published
March 1999
Length
18 pages
Annotation
This article presents pro and con arguments regarding whether the segregation of HIV-positive inmates is ethical.
Abstract
The argument for the segregation of HIV-positive inmates maintains that testing and segregation are the safest and most beneficial options for resolving the issue of HIV and AIDS in State and Federal prisons. It reasons that prison inmates are much more likely to participate in risky behaviors than the general public. It is therefore in the best interest of the general population to test each inmate, segregate all HIV-positive inmates, and use the average of 2.5 to 3 years of time served to educate and counsel the inmates about their disease and how it affects them and the community. Currently, the Federal courts have remained supportive of prison officials' expertise in resolving issues related to communicable diseases. The argument against the segregation of HIV-positive inmates is that it is not necessary to achieve the desired result, i.e., low seroconversion in prison. Rather, resources should be used to educate inmates regarding HIV disease and its modes of transmission, as well as provide inmates with the appropriate barrier protection, such as condoms and information on the cleaning of needles used in intravenous drug injection. This is considered to be a far more effective way of dealing with the spread of HIV than to resort to "cruel and demoralizing policies that isolate inmates simply because they carry a virus." The two authors provide rejoinders to one another's arguments. 13 references

Downloads

No download available

Availability