skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 115467 Add to Shopping cart Find in a Library
Title: AIDS: A Judicial Perspective
Journal: Judicature  Volume:72  Issue:4  Dated:(December-January 1989)  Pages:205-209
Author(s): P J Messitte
Date Published: 1989
Page Count: 5
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article considers whether AIDS poses new issues for the courts, the grouping of AIDS legal issues, and the management of defendants with AIDS in the courtroom.
Abstract: The AIDS crisis, for the most part, does not present new legal issues, and the issues can be grouped into straightforward categories. One group of legal issues pertains to when, if at all, it is proper to attempt to identify people with AIDS or carriers of the AIDS virus. A second grouping of issues concerns the confidentiality of medical information on people with AIDS and AIDS carriers. A third grouping of legal issues focuses on what can legally be done with those who have an AIDS-related condition. The judges' task is to determine whether, once policy decisions have been made, they properly conform to such constitutional considerations as the legitimate exercise of police power, due process and equal protection of law, and the right to privacy. The managing of persons with AIDS in the courtroom setting poses familiar issues, i.e., maintaining public health/safety and ensuring the defendant a fair trial, due process, equal protection, and privacy. 45 footnotes.
Main Term(s): Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
Index Term(s): AIDS/HIV in correctional facilities; Constitutional Rights/Civil Liberties; Prisoner's rights
Note: This article is adapted from a speech to the Maryland Judicial Conference, Greenbelt, Md., May 6, 1988.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=115467

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.