An introduction to the criminalization of knowingly transmitting aids

Under section 79 3 it is a defence, if the court is satisfied, that the defendant took reasonable precautions to prevent the transmission. The recipient of the virus will, in almost every case, die rather quickly of an AIDS related disease. They acknowledged that there could be a higher standard of disclosure expected of someone in a relationship, compared with the "known risks" involved in casual sex.

Hanlon was a gay man who infected another man from Michigan while he was in New York. The first person to go to court under these laws in Michigan was Jeffrey Hanlon. Both of them feel that intentionally passing AIDS on to another person is murder. It is also seen as wrong by the public.

HIV-Specific Criminal Laws

If you need a custom term paper on Sociology Essays: Our writing service will save you time and grade. If it is done intentionally, it is murder in the first degree. However, in Mabior the Supreme Court rejected the view that consent will always be vitiated by non-disclosure of HIV-positive status, substituting the rule that there will be no consent only if in addition to the non-disclosure there was a realistic possibility of transmission of HIV.

AIDS is transmitted in three ways: However, they are very convincing arguments. See all college papers and term papers on Sociology Essays Free essays available online are good but they will not follow the guidelines of your particular writing assignment.

The criminalization of intentionally spreading AIDS has been a big issue recently, and still remains so. He was sentenced to ten years in prison. However, at that time, and currently, AIDS was not classified as a venerial disease.

This will help stop the problem and also speed up the process of finding a cure or immunization for AIDS. However, it is usually impossible to prove intent since it is not possible to go "inside" the minds of others to know what they were thinking in their moment of passion, whether it be intercourse or drug use.

For example, on February 23,the United States Court of Appeals for the Armed Forces reversed the aggravated assault conviction of Technical Sergeant David Gutierrez upon determining, that the risk of HIV transmission through sexual intercourse was not "likely to produce death or grievous bodily harm" under the applicable statute.

Aziga was charged with two counts of murder and 11 counts of aggravated sexual assault; the prosecution claims that he did not disclose his status.

Ideally, if people know that it is a crime to transmit the virus, then they will not. The recipient of the virus will, in almost every case, die rather quickly of an AIDS related disease.

HIV-Specific Criminal Laws

Lauri Lehtimaja, the Ombudsman of the Parliament gave a warning to the court judge about his misuse of the law. The money accrued from the fine should then be used for research and other related programs, including helping those that are infected.

There is definitely a valid argument there. The majority of laws identified for the analysis were passed before studies showed that antiretroviral therapy ART reduces HIV transmission risk and most do not account for HIV prevention measures that reduce transmission risk, such as condom use, ART, or pre-exposure prophylaxis PrEP.

His saliva was considered to be the dangerous instrument for the purpose of the "aggravated" portion of the charge People v. In some cases, intent would have to be proven. This is because those that do report it may be accused of committing a crime sometime in the future. At least two of the women tested positive for HIV.

Criminal transmission of HIV

The virus was discoverd independently in France in and in the United States in He held up the case of Johnson Azigawho was diagnosed in but then allegedly had unprotected sex with at least 13 women. Hanlon was a gay man who infected another man from Michigan while he was in New York.

The first and one of the most convincing arguments is because it will help stop the propogation of the virus. They fear that it would scare people from reporting that they have AIDS. Use of any provision herein should be contemplated only in conjunction with advice from legal counsel.

He was also ordered to pay 45,—55, euros compensation to the five women that contracted the virus. Unsourced material may be challenged and removed. Even the United States Health Department opposes criminalization.

State Criminal Statutes on HIV Transmission

He was sentenced to ten years in prison. Another reason to criminalize the transmission of AIDS is because the money from fines incurred may be put towards research and development of cures, as well as education and prevention programs. - AIDS Acquired Immune Deficiency Syndrome, better known as AIDS, is caused by the incurable HIV virus.

AIDS is a deadly disease that deteriorates the immune system. There are two groups of HIV (human immunodeficiency virus), HIV-1 that occurs throughout.

Reasons for the Criminalization of Knowingly Transmitting AIDS There are not many reasons for the criminalization of knowingly transmitting AIDS. However, they are very convincing arguments.

Essay/Term paper: Knowingly transmitting aids

The first and one of the most convincing arguments is because it will help stop the propogation of the virus. A Brief History of AIDS and the Criminalization of Knowingly Transmitting the Virus PAGES 4.

WORDS View Full Essay. More essays like this: aids, virus, brief history, criminalization of knowingly. Not sure what I'd do without @Kibin - Alfredo Alvarez, student @ Miami University. Criminalization of HIV: Spread of the Viral Underclass In many states, including Indiana, simply having HIV is a crime with potentially severe consequences.

The criminalization of HIV is founded on a fear of something many people do not fully understand and the stigma of “HIV’s association with an ‘outlaw’ sexuality, anal.

Spitting or transmitting HIV-infected bodily fluids is a criminal offense in some states, particularly if the target is a prison guard.

Some states treat the transmission of HIV, depending upon a variety of factors, as a felony and others as a misdemeanor.

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An introduction to the criminalization of knowingly transmitting aids
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Criminal transmission of HIV - Wikipedia