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AIDS Before the Bench: The ABA Criminal Justice Section Guidelines Can Help You

NCJ Number
125179
Journal
Judges' Journal Volume: 29 Issue: 2 Dated: (Spring 1990) Pages: 47-51,59-60
Author(s)
L S Branham
Date Published
1990
Length
7 pages
Annotation
The policy of the American Bar Association (ABA) regarding AIDS issues and the criminal justice system is presented.
Abstract
It describes recommendations drafted by the Ad Hoc Committee on AIDS and the Criminal Justice System concerning the appropriate response to problems arising from the HIV epidemic, and approved by the ABA House of Delegates. Recommendations concern the use of HIV specific criminal sanctions to prevent the spread of HIV, modifications of criminal procedure and courtroom procedures because of concerns of HIV contagion, and steps to be taken to combat the spread of HIV in correctional facilities. Because of the limited efficacy of criminal sanctions, education of all criminal justice personnel is emphasized as the more effective route in combating AIDS and the fear accompanying it. Other specific recommendations include HIV counseling and testing; defendants' access to counsel; privacy of defendants' HIV status unless legitimate need to know; and an educational program dealing with AIDS in the jail, in medical care, and in desegregation of HIV positive prisoners. 12 notes.