Criminalization Of Knowlingly Transmitting AIDS Essay Research
Criminalization Of Knowlingly Transmitting AIDS Essay, Research Paper
Brief History of AIDS and the Criminalization
of Knowingly Conveying It
Acquired Immune Deficiency Syndrome ( AIDS )
is caused by the Human Immunodeficiency Virus ( HIV ) . The virus was discoverd
independently in France in 1983 and in the United States in 1984. In the
United States, it was ab initio identified in 1981. In 1986, a 2nd virus,
now called HIV-2, was besides discovered in Africa. HIV-2 besides causes AIDS.
AIDS is transmitted in three ways: From
sexual contact without protection, from the commixture of 1s blood with septic
blood, and from an septic pregnant adult female to her foetus. Infection can
occur from blood transfusions of septic blood, or sharing & # 8216 ; dirty & # 8217 ; acerate leafs.
( Needles already used, in this instance, by a HIV positive individual. )
The criminalisation of deliberately distributing
AIDS has been a large issue late, and still remains so. As of September,
1991, statute law criminalizing AIDS transmittal has been passed in 24
provinces. Among these provinces are California, Idaho, Ohio, Missouri, Michigan,
and South Carolina. Under these current Torahs, it is a offense to knowingly
transmit the virus through sex, sharing acerate leafs, donating infected blood,
variety meats, or skin tissue.
The first individual to travel to tribunal under these
Torahs in Michigan was Jeffrey Hanlon. Hanlon was a cheery adult male who infected
another adult male from Michigan while he was in New York. The American Civil
Autonomies Union, who agreed to take the instance, agrued that the AIDS revelation
jurisprudence is unconstitutional. Privacy of those with AIDS is what they were worried
approximately. Oppositions argued that & # 8220 ; they & # 8217 ; re [ those with AIDS ] killing people.
It & # 8217 ; s like rape. & # 8221 ; The maximal sentence Hanlon could hold recieved was four
old ages in prison and a $ 2000 mulct.
In add-on, under the current New York
State jurisprudence, which dates back good before June, 1987, the knowing transmittal
of a venerial disease is a felony. However, at that clip, and presently,
AIDS was non classified as a venerial disease.
Interviews Refering the Issue
Most people believe that the wilful transmittal
of AIDS to others it virtually slaying. I have interviewed **name** and
**name** . Both of them feel that deliberately go throughing AIDS on to another
individual is slaying. The receiver of the virus will, in about every instance,
dice instead rapidly of an AIDS related disease.
**name** feels that & # 8220 ; if person wittingly
transmits AIDS to another individual, it & # 8217 ; s like perpetrating slaying. He or she
should be punished to the full extent of the law. & # 8221 ;
In add-on to personal interviews, I have
found the sentiments of Governor Cuomo and former President Ronald Reagan.
On June 1, 1987, Cuomo revealed that province
lawgivers would see doing the transmittal of AIDS a offense. He was
quoted at the clip as stating:
& # 8220 ; If you know you have AIDS and you pass
it on to person who is non cognizant, that should be regarded as a really serious
discourtesy. I & # 8217 ; m non speaking about wickednesss and morality ; I & # 8217 ; m speaking about a wickedness
against the community, a offense. We should look into that. & # 8221 ; However, nil
was proposed at the clip.
Former President Ronald Reagan called for
& # 8220 ; routine & # 8221 ; AIDS testing of captives, matrimony licence appliers, immigrants,
and perchance some infirmary patients. His intent was merely to place bearers
of the disease ; no remark refering the criminalisation of the transmittal
of AIDS was made.
Reasons for the Criminalization of Knowingly
Conveying AIDS
There are non many grounds for the criminalisation
of wittingly conveying AIDS. However, they are really convincing statements.
The first and one of the most convincing
statements is because it will assist halt the propogation of the virus. Ideally,
if people know that it is a offense to convey the virus, so they will
non. The lone manner that AIDS will stay an epidemic is if it is continually
spread. This is because those with AIDS will in most instances die instead rapidly
of an AIDS related disease. If they do non distribute it, so the figure of
people with the virus will worsen steadily without fail.
Another ground is that person who is deliberately
conveying the disease is making it for their ain satisfaction and/or
to ache others. Such is the instance with a drug thruster. Many magazine articles
hold made mention to the analogy & # 8220 ; a drug thruster is the same as an AIDS
pusher. & # 8221 ; Their statement is that if drug thrusters are treated as if they
commit condemnable Acts of the Apostless, so so should the supposed & # 8216 ; AIDS & # 8217 ; thrusters.
The Constitutional statement involoved is
besides a moral one. By conveying the virus volitionally one is assuming on
others & # 8217 ; rights to life and felicity. It is besides seen as incorrect by the populace.
In consequence, it is murder in the 2nd or 3rd grade. If it is done deliberately,
it is murder in the first grade. Obviously this should be illegal and
those who break the proposed Torahs should be prosecuted as if they committed
a offense.
Another ground to criminalize the transmittal
of AIDS is because the money from mulcts incurred may be put towards research
and development of remedies, every bit good as instruction and bar plans.
This will assist halt the job and besides speed up the procedure of happening
a remedy or immunisation for AIDS.
Reasons Against the Criminalization of
Wittingly Transmitting AIDS
There are many more grounds against the
criminalisation of volitionally conveying AIDS to others. However, these
are based non on ethical motives but on facts and practicality.
Criminalizing AIDS would deviate 1000000s
of dollars to legal fees that could be better spent on AIDS plans such
as bar, instruction, and research and development in footings of happening
a remedy. & # 8220 ; Criminalization is a short cut taken when non plenty energy is
given to prevention. & # 8221 ; Alternatively of assisting erradicate the epidemic, criminalisation
would transfuse more fright among the people populating with HIV. & # 8220 ; It would make
a enchantress Hunt atmosphere, & # 8221 ; stated William Ramir? omega, an lawyer for a HIV
positive client. Criminalizing AIDS transmittal would open doors for people
to knowingly accuse others they know that have it merely to acquire rid of them.
The jurisprudence would besides be practically impossible
to implement. In some instances, purpose would hold to be proven. However, it
is normally impossible to turn out purpose since it is non possible to travel & # 8220 ; inside & # 8221 ;
the heads of others to cognize what they were believing in their minute of
passion, whether it be intercourse or drug usage.
Even the United States Health Department
opposes criminalisation. They fear that it would frighten people from describing
that they have AIDS. This is because those that do describe it may be accused
of perpetrating a offense sometime in the hereafter.
My Position and Decision
I have assorted feelings on whether or non
the transmittal of AIDS should be a condemnable act. I feel that it is morally
incorrect, and in consequence, those who do it are perpetrating slaying. There is decidedly
a valid statement at that place. However, due to the cogency of the statements against
the criminalisation of go throughing AIDS on to others, I am partial to both
sides. I agree that it would deviate 1000000s of dollars that could be put
to better usage in research and other plans. I besides agree that it would
be lawfully and scientifically impossible to turn out purpose.
I feel that because of these conflicting
thoughts that I believe, the best manner to decide the issue would be to do
conveying the virus a condemnable act, but non capable to gaol clip. Alternatively
of blowing the taxpayers money on giving free medical attention and room and
board to inmates, it should be put towards happening a remedy for AIDS. Alternatively
of a jail term, those who transmit the disease should be fined really to a great extent
so as to deter them from reiterating the discourtesy. The money accrued
from the mulct should so be used for research and other related plans,
including assisting those that are infected.
All in all, AIDS is an epidemic that is
a portion of the 1890ss. It is chilling, but it must be dealt with. If the
proper safeguards are taken, so finally it will be taken attention of
in the right manner. However, there will unluckily ever be those that
hold maliciousness towards society and take a firm stand upon distributing their hurting and agony.
