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AIDS and the criminal justice system : an Australian perspective

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Lansdell, GT (1992) AIDS and the criminal justice system : an Australian perspective. PhD thesis, University of Tasmania.

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Abstract

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.

Item Type: Thesis (PhD)
Keywords: AIDS (Disease), Criminal justice, Administration of, AIDS (Disease)
Copyright Holders: The Author
Copyright Information:

Copyright 1992 the Author - The University is continuing to endeavour to trace the copyright owner(s) and in the meantime this item has been reproduced here in good faith. We would be pleased to hear from the copyright owner(s).

Additional Information:

Thesis (Ph.D.)--University of Tasmania, 1996. Includes bibliographical references (leaves 362-389)

Date Deposited: 19 Dec 2014 02:34
Last Modified: 18 Jul 2017 23:44
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