AIDS: A Judicial Perspective (From AIDS: The Impact on the Criminal Justice System, P 51-60, 1990, Mark Blumberg, ed. -- See NCJ-122746)

• NCJ Number: 122748
• Author(s): P Messite
• Date Published: 1990
• Length: 10 pages
• Sale Source: Merrill Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Reprinted from Judicature, V 72, N 4 (December-January 1989), P 205-209

Annotation

Judges in the United States are well equipped to deal sensibly with the legal issues that AIDS raises, using the case-by-case approach that is a central feature of our common law system and recognizing that AIDS generally does not present new legal issues.

Abstract

Legal issues may involve marriage, the family, education, employment, discriminatory treatment of individuals, torts, and crimes. Thus, judges may need to decide such issues as whether someone who knowingly transmits a disease can be civilly or criminally liable, whether disease is ever a proper basis for terminating someone's employment, whether medical screening of prison or jail inmates is ever appropriate, how inmates who test positive for HIV should be handled, and the degree of confidentiality of information about inmate test results. In deciding these and other issues, judges should focus on whether policy decisions conform to constitutional requirements and whether AIDS fits within statutory definitions that confer rights or impose duties. Similar issues are involved regarding seropositive defendants in the courtroom. 45 reference notes.