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Shed Your Robes: Three Reasons for Aggressive Judicial Leadership in Coping with the HIV Epidemic

NCJ Number
125174
Journal
Judges' Journal Volume: 29 Issue: 2 Dated: (Spring 1990) Pages: 4-7,60-61
Author(s)
R T Andrias
Date Published
1990
Length
6 pages
Annotation
This article suggests that aggressive judicial leadership is warranted to ensure sound legal and medical resolution of AIDS policy issues.
Abstract
Three reasons are given as to why judges should be involved in AIDS and HIV policy issues. The first relates to the pervasive nature of HIV disease. Statistics demonstrate that the increasing trend in the number of HIV-positive persons is not limited to correctional facilities and parole and probation components of criminal justice, but also includes emergency room patients in State hospitals and newborn babies. The second reason concerns the harm that can occur when an HIV or AIDS litigant is denied his rights or proper treatment. A breach of confidentiality regarding HIV-antibody status is irreversible. The third reason involves the unique role of leadership a judge plays in our society, particularly in areas of education, bar association activities, and development of AIDS guidelines such as those of the American Bar Assocation. The response of the justice system will have a far reaching impact both on the course of HIV disease and on the survivors. 7 notes.

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