NCJ Number
112416
Journal
Washington Post Health Dated: (April 19, 1988) Pages: 6-7
Date Published
1988
Length
2 pages
Annotation
The criminal prosecution of those who recklessly and knowingly place others at risk for developing acquired immune deficiency syndrome (AIDS) is a matter of heated debate.
Abstract
The President's Commission on the Human Immunodeficiency Virus (HIV) epidemic noted that guidelines are needed to protect people from AIDS carriers who try to spread the virus. While the prospect of criminal prosecution raises issues related to doctor-patient confidentiality and raises the possibility of turning physicians into police, the American Medical Association favors criminal charges as a last resort. Others argue that prosecuting those who try to spread AIDS is no different from trying those who attempt murder with a gun or knife. An alternative to prosecution would be to permit physicians to notify spouses or partners of HIV-positive individuals who endanger others. As the controversy grows, so does the number of cases. At least six court-martial cases have resulted in relation to a 'safe sex' order in the military. While the number of criminal prosecutions is increasing, public health officials and lawyers agree that most HIV-positive individuals conscientiously avoid spreading the virus to others. They also note that something must be done to stop those who deliberately try to endanger others.