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NCJ Number: 135650 Find in a Library
Title: Prosecution of AIDS-Related Offenses in the Military Justice System
Journal: American Criminal Law Review  Volume:28  Issue:4  Dated:(1991)  Pages:863-885
Author(s): E A Miller
Date Published: 1991
Page Count: 23
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: Several criminal tools and theories have been used in the U.S. military justice system to address AIDS-related offenses stemming from behaviors that deliberately risk transmission of the virus.
Abstract: Three different charges are available under the Uniform Code of Military Justice to prosecute such offenders. The first charge is willful disobedience of an order to inform all future partners of HIV-infection and failure to use protection during all sexual activities. This charge raises the constitutional question of invasion of privacy. The second charge, aggravated assault with means or force likely to cause death or grievous bodily harm, stems from the idea that HIV transmission is an assault upon the recipient. This charge can raise significant evidentiary problems. The final charge is conduct prejudicial to good order and discipline within the armed services; this charge is easier to prove than assault and has less constitutional difficulties than does a charge of willful disobedience. This author supports that the use of criminal sanctions against AIDS-related offenses is both appropriate and necessary, particularly within a military context. 152 notes
Main Term(s): AIDS/HIV transmission; Military justice
Index Term(s): Right of privacy
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