Відмінності між версіями «And punishment for low- to no-risk activities, severity of sentences, vague»

Версія за 12:27, 7 грудня 2017

A Canadian study identifiedLack of Empirical Proof of Laws' N {that is|that's|which is|that is certainly|that EffectivenessThe criminal law may possibly affect HIV risk behaviors in 3 key methods: incapacitation, norm setting, and deterrence. Regrettably, the nature of the samples, which were derived from incomplete records, limited conclusions about implementation or enforcement from the laws. Because these laws were adopted, scientific understanding of HIV and its transmission has sophisticated considerably: scientists have established the preventive effect of antiretroviral therapy, and they could now estimate the danger of HIV transmission associated with certain activities a lot more accurately5---8 and identify viral strains that distinct men and women carry.9 HIV-specific criminal laws have not kept pace with these scientific advances.BACKGROUNDCharacteristics of HIV-specific laws have been described elsewhere.2---4 Current laws include each crimes in which HIV status could be the only issue distinguishing an act from legal behavior (e.g., consensual sex) and these for which obtaining HIV increases the severity of an existing crime and imposes higher punishment (e.g., prostitution, sexual assault). Even though no complete record of HIVrelated criminal instances exists, two studies have analyzed US prosecutions over time. Researchers have identified several concerns with HIVspecific statutes and their enforcement.for the reason that comparatively handful of persons are incarcerated for HIV exposure2,ten and new infections can take place in prison.11 There is also small evidence to recommend that criminalizing HIV exposure alterations social norms: research have discovered that persons living in states with and without HIV-specific laws10,12 and persons who're conscious and unaware of their state's HIV-specific law13 don't differ on perceived duty for preventing HIV transmission.10 Evidence that the criminal law produces a deterrent effect-- for example prompting persons with HIV to disclose far more typically or have safer sex with fewer partners--has been mixed. Awareness of a state's HIV-specific law was connected with sooner (but not far more frequent) seropositive status disclosure in 1 study,14 and fear of prosecution for nondisclosure was related with seropositive status disclosure in a further.15 Other studies have found no evidence of deterrence,ten,12 and none have identified effects of adequate magnitude to cut down HIV prevalence at a population level.Achievable Negative Effect on Public Wellness EffortsLaws that criminalize HIV exposure could basically undermine public wellness efforts by, as an example, delivering a disincentive for persons at threat to become tested (lest folks grow to be aware of their infection and need to disclose it to sex partners) or by reinforcing discrimination against persons living with HIV (PLHIV) and exacerbating HIV-related stigma. A Canadian study identifiedLack of Empirical Evidence of Laws' EffectivenessThe criminal law might have an effect on HIV risk behaviors in 3 main methods: incapacitation, norm setting, and deterrence. Incapacitation is unlikely to cut down new infections1350 | Commentaries | Peer Reviewed | Lazzarini et al.American Journal of Public Wellness | August 2013, Vol 103, No.COMMENTARIESwidespread confusion regarding the meaning of "significant risk" in Canadian law, resulting in broadly differing tips about what the law prohibits. Providers also cited the negative influence of criminalization on their efforts to establish counseling relationships with PLHIV that fostered openness about sexual activities and disclosure challenges.16 Similar subtle.