AIDS and the criminal justice system : an Australian perspective

This thesis argues that the role of the criminal law in response to the emergence of AIDS should be a limited one and that this is largely dictated by the goals and processes of the criminal law. The research also isolates questions which need to be addressed and changes that need to be considered to present law, procedure and policies In light of AIDS, within public health departments and the various arms of the criminal justice system. The first chapter describes HIV/AIDS Infection, compares it epidemlologically with other infectious diseases and examines the present and predicted global epidemiology of the disease. Chapter two focuses on the alms of the criminal law simpliciter and in the context of AIDS. Chapter three analyses how and if so, how well, existing criminal law provisions could be applied to particular circumstances of HIV transmission. In chapter four pre-existing public health legislation that penalises the transmission of communicable diseases is examined in the context of AIDS. In this chapter the political and societal processes that led to the adaptation of pre-existing legislation to cope with HIV/AIDS are considered. Chapters five through seven focus on how the public health and criminal justice systems have adapted in light of HIV/AIDS Infection. The theme behind this part is to examine how individual Interests are threatened by the powers held by particular individuals and to strike a balance betweencompeting interests. Chapter five considers the breadth of the powers of public health officials to Implement procedures designed to control the spread of communicable diseases. Chapter six considers how the criminal justice system will impact upon both HIV-infected persons and their victims duhng the criminal process. In particular, the chapter examines changes that have or should be made to investigatory and trial procedures. Chapter seven considers the nsk of transmission of HIV within the prison system and then canvasses the legal implications of a variety of procedures that have been or could be introduced with the aim of preventing the spread of HIV/AIDS within Australian prisons. The dominating throughout these two chapters is to consider whether the criminal justice system can make an effective and worthwhile contribution to the overall strategy aimed at checking progression of the AIDS epidemic. Chapter eight contains a general conclusion.