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NCJRS Abstract

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NCJ Number: 122748 Find in a Library
Title: AIDS: A Judicial Perspective (From AIDS: The Impact on the Criminal Justice System, P 51-60, 1990, Mark Blumberg, ed. -- See NCJ-122746)
Author(s): P Messite
Date Published: 1990
Page Count: 10
Sponsoring Agency: Merrill Publishing Co
Columbus, OH 43216
Sale Source: Merrill Publishing Co
P.O. Box 508
Columbus, OH 43216
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
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.
Main Term(s): Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS)
Index Term(s): AIDS/HIV in correctional facilities; Discrimination; Legal doctrines; Legal privacy protection
Note: Reprinted from Judicature, V 72, N 4 (December-January 1989), P 205-209
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