Criminalization Of Knowlingly Transmitting AIDS Essay Research

Another reason is that someone who is intentionally

transmitting the disease is doing it for their own satisfaction and/or

to hurt others. Such is the case with a drug pusher. Many magazine articles

have made reference to the analogy “a drug pusher is the same as an AIDS

pusher.” Their argument is that if drug pushers are treated as if they

commit criminal acts, then so should the supposed ‘AIDS’ pushers.

The Constitutional argument involoved is

also a moral one. By transmitting the virus willingly one is usurping on

others’ rights to life and happiness. It is also seen as wrong by the public.

In effect, it is murder in the second or third degree. If it is done intentionally,

it is murder in the first degree. Obviously this should be illegal and

those who break the proposed laws should be prosecuted as if they committed

a crime.

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.

This will help stop the problem and also speed up the process of finding

a cure or immunization for AIDS.

Reasons Against the Criminalization of

Knowingly Transmitting AIDS

There are many more reasons against the

criminalization of willingly transmitting AIDS to others. However, these

are based not on morals but on facts and practicality.

Criminalizing AIDS would divert millions

of dollars to legal fees that could be better spent on AIDS programs such

as prevention, education, and research and development in terms of finding

a cure. “Criminalization is a short cut taken when not enough energy is

given to prevention.” Instead of helping erradicate the epidemic, criminalization

would instill more fear among the people living with HIV. “It would create

a witch hunt atmosphere,” stated William Ramir?z, an attorney for a HIV

positive client. Criminalizing AIDS transmission would open doors for people

to knowingly accuse others they know that have it just to get rid of them.

The law would also be practically impossible

to enforce. In some cases, intent would have to be proven. 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.

Even the United States Health Department

opposes criminalization. They fear that it would scare people from reporting

that they have AIDS. This is because those that do report it may be accused

of committing a crime sometime in the future.

My Position and Conclusion

I have mixed feelings on whether or not

the transmission of AIDS should be a criminal act. I feel that it is morally

wrong, and in effect, those who do it are committing murder. There is definitely

a valid argument there. However, due to the validity of the arguments against

the criminalization of passing AIDS on to others, I am partial to both

sides. I agree that it would divert millions of dollars that could be put

to better use in research and other programs. I also agree that it would

be legally and scientifically impossible to prove intent.

I feel that because of these conflicting

ideas that I believe, the best way to resolve the issue would be to make

transmitting the virus a criminal act, but not subject to jail time. Instead

of wasting the taxpayers money on giving free medical care and room and

board to inmates, it should be put towards finding a cure for AIDS. Instead

of a jail term, those who transmit the disease should be fined very heavily

so as to discourage them from repeating the offense. The money accrued

from the fine should then be used for research and other related programs,

including helping those that are infected.

All in all, AIDS is an epidemic that is

a part of the nineties. It is scary, but it must be dealt with. If the

proper precautions are taken, then eventually it will be taken care of

in the right way. However, there will unfortunately always be those that

have malice towards society and insist upon spreading their pain and suffering.