|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2010-May-17 |
|
Summary:
|
In April 2010, the White House Office of National AIDS Policy (ONAP) released its first report, summarizing community discussions that had taken place around the country ... |
|
|
Document Type:
|
Charts, Tables, and Graphs |
|
Date:
|
2012-May |
|
Summary:
|
The following chart compares the sentencing schemes for representative HIV exposure, non-disclosure, and/or transmission laws in the United States with laws punishing ... |
|
|
Document Type:
|
Charts, Tables, and Graphs |
|
Date:
|
2011-October |
|
Summary:
|
This chart presents data on the prevalence, impact and treatment of HIV infection with parallel data on chronic diseases such as cardiovascular disease, diabetes, and ... |
|
|
Document Type:
|
Charts, Tables, and Graphs |
|
Date:
|
2011-October |
|
Summary:
|
This chart presents data comparing HIV infection to other sexually transmitted infections. These data illustrate that other sexually transmitted infections can pose ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2011-August |
|
Summary:
|
This palm card, published by the Positive Justice Project, provides information about HIV criminalization, ways to protect oneself from arrest, and what to do if one is ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011-May-24 |
|
Summary:
|
The Center for HIV Law and Policy and the Positive Justice Project joined the HIV Prevention Justice Alliance in a letter to the Centers for Disease Control and Prevention ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011-August-1 |
|
Summary:
|
This letter, drafted by the Center for HIV Law and Policy and signed by many Positive Justice Project members, addresses the lack of language about HIV criminalization in ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011-November |
|
Summary:
|
The Positive Justice Project is convening a pre-USCA session on HIV criminalization entitled, "When Sex is a Crime and Spit a Dangerous Weapon: Defending Against HIV ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2010-November-29 |
|
Summary:
|
This document provides comprehensive information about the Positive Justice Project and HIV criminalization. One of the more troubling and persistent issues for ... |
|
|
Document Type:
|
Press--Releases, Articles, etc. |
|
Date:
|
2011-October-12 |
|
Summary:
|
This is a collection of media links that have featured the Positive Justice Project or members of the Positive Justice Project.
Last updated October 12, 2011.
|
|
|
Document Type:
|
Guides (Legal or Medical) |
|
Date:
|
2011-July-27 |
|
Summary:
|
This document, a supplement to Transmission Routes, Viral Loads and Relative Risks: The Science of HIV for Lawyers and Advocates identifies particularly useful policy ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011-February-1 |
|
Summary:
|
The Center for HIV Law and Policy and its Positive Justice Project has been closely following the proposed Legislative Bill 226 in Nebraska, as well as assisting Nebraska ... |
|
|
Document Type:
|
Guides (Legal or Medical) |
|
Date:
|
2011-July-27 |
|
Summary:
|
This document summarizes key scientific sources and selected quotations on the nature of HIV in ways that are accessible and useful for legal briefs and other advocacy ... |
|
|
Document Type:
|
Training Materials, Slides, Pamphlets |
|
Date:
|
2012-January-30 |
|
Summary:
|
This slide presentation, presented on January 17, 2012 during the National Alliance of State and Territorial AIDS Director's (NASTAD'S) Decriminalization Technical ... |
|
|
Document Type:
|
Links |
|
Date:
|
2000 |
|
Summary:
|
This article surveys HIV- related criminal prosecutions in the United States from 1989 - 2000. Although POZ' case tracking for this article almost certainly misses those ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2008-December |
|
Summary:
|
The Open Society Institute writes that “[t]his document, co-produced by OSI, provides ten reasons why criminalizing HIV exposure or transmission is generally an ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2009 |
|
Summary:
|
The authors conclude that HIV criminalization leads to negative public health outcomes, increased gender-based violence, and greater social and political inequalities for ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2010-March |
|
Summary:
|
While tort law has held individuals liable for negligently spreading certain communicable disease since the late 19th century, most recent civil cases in this area has ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2007-September-04 |
|
Summary:
|
This commentary, published by the Canadian HIV/AIDS Legal Network and endorsed by more than 40 organizations around the world, including the Center for HIV Law and Policy, ... |
|
|
Document Type:
|
Compilations of Laws and Cases |
|
Date:
|
2013-February |
|
Summary:
|
The Legal Toolkit was created primarily as a go-to resource for lawyers representing people living with HIV who are facing criminal prosecution based on HIV status. ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011 |
|
Summary:
|
The U.S. Court of Appeals for the Ninth Circuit affirmed the denial by the U.S. District Court in Oregon of a petition for habeas corpus and found that the state court's ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2012 |
|
Summary:
|
This briefing note provides an overview of HIV non-disclosure laws in Canada and recommendations for a different approach to the issue of HIV non-disclosure. It provides a ... |
|
|
Document Type:
|
Training Materials, Slides, Pamphlets |
|
Date:
|
2012-December |
|
Summary:
|
The December 2012 newsletter from the Center for HIV Law and Policy. Contents include:
Letter from the Executive Director
Sexual Health Care: A Basic Service ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1989 |
|
Summary:
|
Brock v. State presented a question of first impression to Alabama courts when the Alabama Attorney General prosecuted Adam Brock for attempted murder after the ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2009 |
|
Summary:
|
In 2006, an HIV-positive man, Campbell, was convicted of assault when he allegedly became confrontational and spat on a police officer's eyes and mouth during an ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2011-July |
|
Summary:
|
This opinion denies a writ of habeas corpus for Jose Carmona, who was previously convicted of reckless endangerment and disorderly conduct after he spit at a police ... |
|
|
Document Type:
|
Compilations of Laws and Cases |
|
Date:
|
2002 |
|
Summary:
|
This non-exhaustive list compiles citations of helpful opinions and scholarly journal articles on the criminalization of HIV transmission. Cases include ones that consider ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2013 |
|
Summary:
|
This journal article reviews data on arrests for HIV-specific crimes in the Nashville, Tennessee prosecutorial region from 2000 to 2010. These crimes include class C ... |
|
|
Document Type:
|
Charts, Tables, and Graphs |
|
Date:
|
2012-June-28 |
|
Summary:
|
This chart catalogues by state the laws used to prosecute individuals with HIV. The chart includes which states and territories have HIV-specific criminal statutes, what ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2007-December |
|
Summary:
|
This report describes the failure of the United States Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to provide basic health care ... |
|
|
Document Type:
|
Client/Agency Forms |
|
Date:
|
2007-October |
|
Summary:
|
This form is presented to individuals who test positive for HIV in Kalamazoo, Michigan. After testing positive, clients are asked to sign and date the form, in the ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2010 |
|
Summary:
|
This study concluded that there is a significant impact of combined antiretroviral treatment on the rate of HIV transmission in heterosexual HIV-discordant couples. The ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2006 |
|
Summary:
|
This summary is taken in part from the article abstract.
As structural interventions aimed at reducing new HIV infections, HIV-related criminal laws ideally would ... |
|
|
Document Type:
|
Press--Releases, Articles, etc. |
|
Date:
|
2012-June |
|
Summary:
|
Congresswoman Barbara Lee (D-CA) continues to address HIV-related stigma and discrimination in the Congressional Black Caucus (CBC) June 2012 newsletter, which highlights ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2013 |
|
Summary:
|
This article examines the practices of Michigan health officials in investigating "health threat to others" cases that may be in violation of the state's HIV ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2002-June |
|
Summary:
|
This paper, drafted in 2002 for UNAIDS by Richard Elliott of the Canadian HIV/AIDS Legal Network, is a well organized and useful document that describes the various policy ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2003 |
|
Summary:
|
This study challenges the rationale for the criminalization of HIV transmission by demonstrating that prosecutions of these case are unlikely to serve the public health ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2012 |
|
Summary:
|
This note was written in anticipation of the February 8, 2012, arguments of two HIV non-disclosure cases before the Supreme Court of Canada. It offers fact summaries on ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2006-May |
|
Summary:
|
This article reviews the product of focus group surveys conducted in the United Kingdom on the issue of criminal prosecutions for HIV exposure. The focus groups of ... |
|
|
Document Type:
|
Compilations of Laws and Cases |
|
Date:
|
2012-February |
|
Summary:
|
This annotated bibliography is a compilation of select literature focusing on the ethical, public health, and legal issues related to criminalization of HIV ... |
|
|
Document Type:
|
Links |
|
Date:
|
2012 |
|
Summary:
|
This is the website of Yale University's Center for Interdisciplinary Research on AIDS (CIRA) Criminalization of HIV Transmission and Exposure Working Group. The Working ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2008-August |
|
Summary:
|
In response to a recent increase in HIV criminalization cases both in the United States and abroad, UNAIDS issued this policy brief to arm advocates with information and ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2009 |
|
Summary:
|
This article, taken from a speech by Justice Edwin Cameron of the Constitutional Court of South Africa, discusses the ineffective nature of HIV criminalization laws and ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2010-November |
|
Summary:
|
This paper examines the impact of the growing use of HIV criminalization laws on African, Caribbean and Black (ACB) communities in Ontario. In an analysis that may be ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2008-October |
|
Summary:
|
Since the beginning of the epidemic, people with HIV and their advocates have been calling on the President of the United States to take ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2009-July |
|
Summary:
|
This set of recommendations to the Obama Administration and its Office of National AIDS Policy is the product of a convening of Ford Foundation grantees, consisting of ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2007 |
|
Summary:
|
This study sought to determine whether the presence of HIV-specific criminal laws influenced sexual behaviors that pose a risk of HIV transmission and found no evidence ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012 |
|
Summary:
|
This is a Missouri Court of Appeals, Eastern District decision affirming the trial court's jury verdict in favor of the defendant, Quest Diagnostics Clinical Laboratories, ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012-March-29 |
|
Summary:
|
This is an order by the United States District Court – Eastern District of Louisiana granting the plaintiffs' motion for summary judgment. The plaintiffs claimed ... |
|
|
Document Type:
|
Guides (Legal or Medical) |
|
Date:
|
2010-November-17 |
|
Summary:
|
The Center for HIV Law and Policy has released the first comprehensive analysis of HIV-specific criminal laws and prosecutions in the United States. The publication, ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2013-May |
|
Summary:
|
H.R. 1843, the Repeal Existing Policies that Encourage and Allow Legal (REPEAL) HIV Discrimination Act, was introduced on May 7, 2013 introduced by U.S. ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2011-September-12 |
|
Summary:
|
H.R. 3053, the REPEAL (''Repeal Existing Policies that Encourage and Allow Legal") HIV Discrimination Act, was introduced Sept. 23, 2011 by Congresswoman Barbara Lee ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2012 |
|
Summary:
|
This report provides a comprehensive overview of the issue of HIV in the United States correctional system from a human rights and social justice perspective. Covered ... |
|
|
Document Type:
|
Guides (Legal or Medical) |
|
Date:
|
2012-December |
|
Summary:
|
A basic checklist to guide legal advocates representing an HIV-positive client in a criminal HIV exposure case. Although the elements of criminal HIV exposure ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2012 |
|
Summary:
|
This fact sheet gives basic but essential guidance on what to do when the risk of criminal prosecution for HIV nondisclosure or exposure may be a reality. Thirty-four ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2013-May |
|
Summary:
|
H.R. 1843, the Repeal Existing Policies that Encourage and Allow Legal (REPEAL) HIV Discrimination Act, was introduced on May 7, 2013 by U.S. Congresswoman Barbara Lee ... |
|
|
Document Type:
|
Model and Sample Legislation |
|
Date:
|
2013-May |
|
Summary:
|
This is H.R. 1843, the Repeal Existing Policies that Encourage and Allow Legal (REPEAL) HIV Discrimination Act, introduced by U.S. Congresswoman Barbara Lee ... |
|
|
Document Type:
|
Model and Sample Legislation |
|
Date:
|
2011-September |
|
Summary:
|
This is H.R. 3053, the REPEAL HIV Discrimination Act, introduced by U.S. Congresswoman Barbara Lee on September 23, 2011. It would require a review of all federal and ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2009-February |
|
Summary:
|
This study follows up on an earlier study by the same authors examining per-act heterosexual HIV transmission probabilities. It is a systematic review and analysis of all ... |
|
|
Document Type:
|
Training Materials, Slides, Pamphlets |
|
Date:
|
1999 |
|
Summary:
|
This fact sheet from the Centers for Disease Control and Prevention (CDC) outlines the ways in which HIV can and cannot be transmitted from one individual to another. HIV ... |
|
|
Document Type:
|
Client/Agency Forms |
|
Date:
|
2009-August-13 |
|
Summary:
|
The six "requirements" which all HIV-positive individuals are directed to acknowledge in writing on this Mississippi State Department of Health form include the "necessity ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2008 |
|
Summary:
|
This article, by South African judge Edwin Cameron and his colleagues, examines the problematic global trend of criminalizing HIV and proposes ten reasons as to why ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2010 |
|
Summary:
|
This report was written in response to the growing concerns over the use of criminal law to address the risk of sexual transmission of HIV or AIDS in Ontario, ... |
|
|
Document Type:
|
Press--Releases, Articles, etc. |
|
Date:
|
2012-November-05 |
|
Summary:
|
This is a statement issued by the HIV Medicine Association (HIVMA) on the urgent need to address and repeal HIV-specific criminalization statutes. The statement highlights ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2008-May |
|
Summary:
|
Drawing data from the Gay Men's Sex Survey 2006, this article represents an analysis of the responses of gay men in the United Kingdom to HIV criminalization laws. Of ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2009 |
|
Summary:
|
A study by the Swiss Federal AIDS Commission on patients who were treated with highly active antiretroviral therapy (HAART) concluded in 2009 that individuals with a ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2006 |
|
Summary:
|
Guttmacher Institute outlines the changing sexual and reproductive health needs of people living with HIV as the disease has become a manageable chronic disease. Included ... |
|
|
Document Type:
|
Links |
|
Date:
|
2011 |
|
Summary:
|
This is a link to a useful collection of news articles and studies about the impact of HIV treatment on the reduction of transmission, organized by NAM, a British charity. ... |
|
|
Document Type:
|
International Commitments and United Nations Documents |
|
Date:
|
2006 |
|
Summary:
|
A revised and consolidated version of the original guidelines published in 1996, the purpose of the Guidelines is “to assist States in creating a positive, ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2012 |
|
Summary:
|
The Iowa State Department of Healthreleased this path-breaking discussion piece on the rationale for changing Iowa Code 709C, the state's law on criminalizing so-called ... |
|
|
Document Type:
|
Press--Releases, Articles, etc. |
|
Date:
|
2005-August-12 |
|
Summary:
|
This news report summarizes research, published in 2005 in an online sexuality research journal, that raises concerns about continuing criminal prosecutions of people ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
1988 |
|
Summary:
|
This limited study, conducted during the mid-1980's, chronicles the lack of transmission of HIV through bites and scratches. The study followed only one patient, an HIV- ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011-October |
|
Summary:
|
Congresswoman Barbara Lee's (D-CA) letter to President Obama calling for a renewed effort to reduce HIV transmission and expand access to care. In the letter, ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2012-July-20 |
|
Summary:
|
U.S. Representative Hansen Clarke, of Michigan's 13th District, issued a statement pledging his support to ending HIV criminalization. In the statement, he thanked ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2010-October |
|
Summary:
|
In this letter (released in October 2010) to Housing and Urban Development (HUD) Secretary Shaun Donovan, National People's Action and affiliate organizations that include ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011-November |
|
Summary:
|
Leading HIV organizations in the U.S. sent a letter to President Obama today about the speech he will deliver on World AIDS Day, December 1st. The 2011 World AIDS Day ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2012-July-17 |
|
Summary:
|
Thirty-six members of the United States Congress signed a letter addressed to United States Attorney General Eric Holder expressing their concern that "current state and ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2010 |
|
Summary:
|
This document from the Global Network of People Living With HIV (GNP+) is designed to give an overview of the impact of the HIV epidemic from the perspective of HIV ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2010-May |
|
Summary:
|
This journal article discusses the politicization and criminalization of reproduction, specifically the criminal prosecutions of drug use by pregnant women. Some of the ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2012 |
|
Summary:
|
The following summary is the abstract of the article written by the author, Margo Kaplan.
This article challenges the current legislative and scholarly approaches to ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2013 |
|
Summary:
|
This report provides a review of the literature on the overlapping epidemics of mass incarceration and HIV/AIDS concentrated among poor communities of color, and the role ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2010-March-31 |
|
Summary:
|
The ACLU of Michigan argues in its amicus brief that a Michigan bioterrorism statute should not be applied to an HIV-positive individual who allegedly bit another ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012-April-11 |
|
Summary:
|
Adam Donald Musser brought this petition for a writ of habeas corpus to overturn his four Iowa state court convictions for criminal transmission of HIV under Iowa Code ... |
|
|
Document Type:
|
Executive Orders, Reports, and Directives |
|
Date:
|
2010-July-13 |
|
Summary:
|
On July 13, 2010, the Obama administration released the National HIV/AIDS Strategy (NHAS) for the United States. The NHAS is the culmination of work and advocacy by people ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2011-March-14 |
|
Summary:
|
The National Alliance of State and Territorial AIDS Directors (NASTAD), an organization that represents public health officials and administers state and territorial ... |
|
|
Document Type:
|
Executive Orders, Reports, and Directives |
|
Date:
|
2010-July-13 |
|
Summary:
|
The National HIV/AIDS Strategy (NHAS) Implementation Plan sets short term Federal benchmarks as well as longer-term mandates for multiple federal agencies responsible for ... |
|
|
Document Type:
|
Executive Orders, Reports, and Directives |
|
Date:
|
2010-July-13 |
|
Summary:
|
The President's Memorandum on the National HIV/AIDS Strategy (NHAS) summarizes the responsibilities of individual Federal agencies in outlining a strategy to meet the ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2012 |
|
Summary:
|
Highlights the results of a research study examining whether HIV-positive individuals' awareness of the New Jersey law requiring disclosure of HIV status ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2013 |
|
Summary:
|
This study was designed to examine HIV testing, HIV diagnoses, and the attitudes of men who have sex with men following media releases about a local ... |
|
|
Document Type:
|
Links |
|
Date:
|
2011-March-11 |
|
Summary:
|
This link is to The Root's excellent piece on HIV criminalization as a civil rights issue. The article covers the impact of HIV-related prosecutions on people of color ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2012-February-13 |
|
Summary:
|
This ten-point declaration calling for the end of criminal prosecutions for HIV non-disclosure, exposure and unintentional transmission was drafted on February 13, 2012 by ... |
|
|
Document Type:
|
Client/Agency Forms |
|
Date:
|
1998-August |
|
Summary:
|
This form was created and used by the Arkansas Department of Health, Bureau of Public Health Programs to document the warning of persons after they have tested positive ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2010-June |
|
Summary:
|
On April 19, 2010, Lambda Legal and several partners submitted an amicus curiae brief on behalf of Allen, an HIV-positive man in Michigan charged with bioterrorism after ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2010-June-2 |
|
Summary:
|
On June 2, 2010, a Macomb County, Michigan Circuit Court judge dismissed an October 2009 charge brought under the state's anti-bioterrorism law against Allen, an ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1993-March-19 |
|
Summary:
|
Dempsey, 34-years-old, was convicted of aggravated criminal assault and criminal exposure to bodily fluids that could transmit HIV after he forced his 9-year-old younger ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2007 |
|
Summary:
|
In 2004, an HIV positive inmate in Michigan was convicted on three counts of assault when he allegedly punched and spat on correctional officers during an altercation. ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012-June-7 |
|
Summary:
|
This decision from the New York Court of Appeals vacated the conviction for aggravated assault of David Plunkett, and remanded his case for resentencing. Plunkett is an ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1994-January |
|
Summary:
|
In this consolidated case, the Illinois Supreme Court rejected two constitutional challenges to Illinois' criminal transmission statute brought by Caretha Russell and ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
1999 |
|
Summary:
|
This study of 2,169 homosexual and bisexual men sought to find the rates of seroconversion (becoming HIV positive) during various sexual acts—both protected and ... |
|
|
Document Type:
|
Press--Releases, Articles, etc. |
|
Date:
|
2012-July-24 |
|
Summary:
|
Press release on the issuing of joint statement by the Positive Justice Project. |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2012 |
|
Summary:
|
The Positive Justice Project (PJP) drafted this proposal for a resolution by PACHA that would identify key problems with criminal law approaches to HIV prevention, and ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2012-July-24 |
|
Summary:
|
Released by the Positive Justice Project (PJP) in July 2012, this is the first national consensus statement on HIV criminalization. This Positive Justice Project ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2010-December-2 |
|
Summary:
|
The Positive Justice Project's HIV Criminalization Fact Sheet provides a quick summary of the facts and issues surrounding HIV criminalization in the United States. ... |
|
|
Document Type:
|
Links |
|
Date:
|
2012-May |
|
Summary:
|
This is a link to a February 2012 Iowa Public Radio audio news story on Iowa's HIV-specific law, which criminalizes HIV "exposure" and nondisclosure of one's HIV status. ... |
|
|
Document Type:
|
Charts, Tables, and Graphs |
|
Date:
|
2013-May |
|
Summary:
|
This list, although not exhaustive, provides a broad snapshot of the spate of prosecutions for HIV exposure in the United States from 2008 through January 2013. The vast ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2009 |
|
Summary:
|
This article argues that the U.S. National HIV/AIDS Strategy must explicitly commit to a human rights framework when developing programs and policies that address the ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2011 |
|
Summary:
|
This abstract is taken, in part, from the article summary.
The risk of acquiring HIV from a single sexual contact varies enormously, reflecting biological and behavioral ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2012-March |
|
Summary:
|
Studies have demonstrated that trauma is a major factor contributing to HIV infections in women in the U.S., but it is only recently that researchers have begun to explore ... |
|
|
Document Type:
|
Statutes, Regulations, and Agency Guidelines |
|
Date:
|
2008-October |
|
Summary:
|
These 2008 recommendations consolidate and replace the 1998 HIV Partner Counseling and Referral Services Guidance and the 2001 Program Operations Guidelines for STD ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2008-July-26 |
|
Summary:
|
(The following summary is excerpted from the article's abstract):
A consensus statement released on behalf of the Swiss Federal Commission for HIV/AIDS suggests that ... |
|
|
Document Type:
|
International Commitments and United Nations Documents |
|
Date:
|
2010-April |
|
Summary:
|
This report, submitted to the Human Rights Council by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2008-July |
|
Summary:
|
This issue, published in English and Spanish, focuses on the rights of sex workers. It addresses: (1) police raids and "rescue" services that are often ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2013 |
|
Summary:
|
The President's Adviisory Council on AIDS voted on February 7, 2013, to approve a resolution calling for federal action against HIV criminalization.
The ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2012-June |
|
Summary:
|
National Alliance of State and Territorial AIDS Directors, The Center for HIV Law and Policy, and HIV Law Project submitted this amicus brief in support of Nick Rhoades in ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2012 |
|
Summary:
|
The State of Iowa's response brief to the Supreme Court of Iowa in Nick Rhoades's 2012 appeal of the denial of his application for post-conviction relief. In 2008, ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2012 |
|
Summary:
|
Nick Rhoades's opening brief and request for oral argument to the Supreme Court of Iowa in his 2012 appeal of the denial of his application for post-conviction ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2012 |
|
Summary:
|
Nick Rhoades's reply brief to the Supreme Court of Iowa in his 2012 appeal of the denial of his application for post-conviction relief. In 2008, Rhoades was convicted ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012 |
|
Summary:
|
This is a resolution by the Public Safety and Legal Administration Committee of the City of Atlanta authorizing a monetary settlement of $250,000 for an HIV-positive man ... |
|
|
Document Type:
|
Statutes, Regulations, and Agency Guidelines |
|
Date:
|
2012 |
|
Summary:
|
SB 3673, passed during the spring of 2012, amends Illinois' HIV criminalization law to make several significant changes, which are highlighted in the attached copy of the ... |
|
|
Document Type:
|
Letters and Other Advocacy Documents |
|
Date:
|
2013-May |
|
Summary:
|
To avoid a court battle, or to win a case once in court, people with HIV may need to introduce evidence or affidavits demonstrating that they pose no significant risk of ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2010-July |
|
Summary:
|
This document is a chapter excerpted from a larger policy report on the criminalization of HIV non-disclosure in Ontario, Canada. Although it is part of a Canadian report ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1990 |
|
Summary:
|
Scroggins was convicted of aggravated assault with intent to murder after he allegedly bit a police officer during an arrest. At a hospital after the encounter, Scroggins ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2004 |
|
Summary:
|
This article takes a critical look at the CDC's "Prevention for Positives" program, which encourages HIV-positive individuals to disclose their status to ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2009-July |
|
Summary:
|
This report represents conclusions reached at a 2009 conference sponsored by the International Center for Research on Women, aids2031, the United Nations Development ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2010 |
|
Summary:
|
Sex workers are frequently omitted from discussions about the links between criminalization, marginalization, and increased HIV transmission. At the IAS 2010 conference in ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2011 |
|
Summary:
|
The purpose of this descriptive study was to identify and document promising practices for the prevention and response to sexual assault in juvenile residential facilities ... |
|
|
Document Type:
|
Statutes, Regulations, and Agency Guidelines |
|
Date:
|
2012-May-1 |
|
Summary:
|
This prosecutorial policy was issued by the Crown Office and Procurator Fiscal Service (COPFS) of Scotland to provide guidance on prosecutions for intentional or reckless ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2010-October |
|
Summary:
|
This survey examined attitudes about the criminalization of sex without advance disclosure by an HIV-positive MSM of his HIV status to his partner. 1,725 American men who ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1996-August |
|
Summary:
|
In a case with horrific facts, the Maryland Court of Appeals, the state's highest court, reversed an HIV-positive rapist's attempted murder convictions, concluding ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2013-March |
|
Summary:
|
Every year people with HIV are the subject of felony criminal charges ranging from aggravated assault to intentional HIV transmission following police encounters in which ... |
|
|
Document Type:
|
Compilations of Laws and Cases |
|
Date:
|
2010-July |
|
Summary:
|
This chart, updated in July 2010, includes state-by-state information on criminal laws related to exposure and transmission of HIV for all 50 states and the District of ... |
|
|
Document Type:
|
Compilations of Laws and Cases |
|
Date:
|
2004 |
|
Summary:
|
This is a 2004 update of the comprehensive survey of HIV/AIDS related laws first published by the journal Law and Sexuality: A Review of Lesbian, Gay, Bisexual, and ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
1997-August-07 |
|
Summary:
|
Lambda Legal submitted this amicus brief on behalf of an HIV-positive defendant in an appeal of a criminal conviction for assault with a deadly weapon for spitting in a ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1995-March |
|
Summary:
|
Donald Caine was convicted of attempted second degree murder after he stabbed Wanda Fitzgerald with a needle attached to a syringe containing a clear fluid. Before ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2009-May-08 |
|
Summary:
|
In violation of an Ohio HIV notification law, Jonathon Eversole tested positive for HIV and engaged in a sexual relationship with another person without first disclosing ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2001 |
|
Summary:
|
Ferguson was convicted of second degree assault and sentenced to 120 months imprisonment under former WASH. REV. CODE ANN. § 9A.36.021(1)(e) (1988) after he allegedly ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1989 |
|
Summary:
|
Guayante was convicted of one count of sexual abuse and two counts each of attempted rape and sodomy of a thirteen-year-old girl. Taking into consideration Guayante's ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1996 |
|
Summary:
|
Hinkhouse was convicted of ten counts of attempted murder and ten counts of attempted assault after he engaged in unprotected sexual intercourse with a number of women to ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2013-March-25 |
|
Summary:
|
This is a 2012 decision by the Court of Criminal Appeals of Tennessee reversing the defendant's conviction of criminal exposure to HIV and imposing one of attempt to ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2000-April-14 |
|
Summary:
|
The New Mexico Court of Appeals found that spitting and throwing other bodily fluids at a police officer or corrections officer could meet the definition of battery as ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2008-June-11 |
|
Summary:
|
Mubita was convicted of eleven counts of transferring body fluids containing HIV under Idaho statute Idaho Code Ann. §39-608. Mubita received a sentence of four ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2006 |
|
Summary:
|
This is a decision by the Supreme Court of Iowa affirming the defendant's conviction and 25-year prison sentence under Iowa's criminal transmission of HIV statute. The ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2006 |
|
Summary:
|
This is the second of two appellate decisions, made the same day, by the Supreme Court of Iowa affirming Adam Donald Musser's conviction and 25-year prison sentences under ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2009-June-19 |
|
Summary:
|
This summary was excerpted from the excellent description of the case provided by Art Leonard on Leonard Link. For the full case description and analysis, click ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2013 |
|
Summary:
|
The American Civil Liberties Union, The Center for HIV Law and Policy, Lambda Legal, and OutFront Minnesota filed this amicus brief in support of the defendant, Daniel ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2000-July |
|
Summary:
|
State v. Schmidt is the second case in the state of Louisiana in which a defendant was convicted of attempted second degree murder for exposing another person to HIV. ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2011-January |
|
Summary:
|
In this Iowa case, Tabor appealed his conviction for criminal transmission of HIV, in violation of Iowa Code section 709C.1 (2009). His conviction was upheld. He ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1999 |
|
Summary:
|
Thomas was found guilty of transferring body fluid while HIV positive in violation of Idaho law, Idaho Code Ann. § 39-608. Thomas received a maximum fifteen-year ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2006-May |
|
Summary:
|
Whitfield was convicted of 17 counts of first degree assault with sexual motivation, 2 counts of witness tampering, and 3 counts of violating a no-contact order in ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2012 |
|
Summary:
|
This article reviews Switzerland's evolving drug policies over the past thirty years in an effort to demonstrate the relationship between public health services and ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012-April-17 |
|
Summary:
|
This is a decision by the Missouri Court of Appeals – Western District affirming the circuit court's denial of the defendant's motion for post-conviction ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2008-June-23 |
|
Summary:
|
Believing that it is important to have a better understanding of the actual risks of HIV transmission through oral sex, the authors reviewed and summarized all available ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2012-March |
|
Summary:
|
This talking points sheet provided relevant information about Maryland House Bill 622, which was proposed in spring 2012 and sought to increase the existing Maryland HIV ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2006 |
|
Summary:
|
This report, prepared by Richard Elliott of the Canadian HIV/AIDS Legal Network, describes the work of the 2006 WHO technical consultation on the criminalization of HIV ... |
|
|
Document Type:
|
Directories |
|
Date:
|
2013 |
|
Summary:
|
The following are organizations that have joined the Positive Justice Project. Because a number of PJP's individual members are current targets of HIV-related ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2010-September-22 |
|
Summary:
|
This article makes the case that State Attorneys General (SAG) have considerable legal powers to protect the public's health, yet their role in the development of health ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2007 |
|
Summary:
|
This briefing paper is an introduction to complex scientific and social issues surrounding using scientific analysis of HIV strands in criminal prosecutions. This type of ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2012-June |
|
Summary:
|
This report asserts that drug law enforcement practices prevent drug users from taking advantage of public health services and effectively increase their vulnerability to ... |
|
|
Document Type:
|
Press--Releases, Articles, etc. |
|
Date:
|
2009-July-09 |
|
Summary:
|
The Center for HIV Law and Policy (CHLP), along with thirteen organizations working to advance the health and rights of women living with HIV in the United States, sent a ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1990 |
|
Summary:
|
This is a United States Court of Military Appeals decision affirming the key holdings of a United States Air Force Court of Military Review decision that found a military ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2008 |
|
Summary:
|
Burnett was convicted of indecent exposure and public lewdness on federal property after he solicited an undercover police officer for oral sex and exposed himself to the ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1997 |
|
Summary:
|
This is a United States Court of Appeals for the Armed Forces decision affirming the aggravated assault conviction of a man who transmitted HIV to a consensual sexual ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2008-May-06 |
|
Summary:
|
A married army staff sergeant was charged with two counts of attempted murder in military court after it was discovered that he was having sex with women outside of his ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1990 |
|
Summary:
|
This is a United States Court of Military Appeals decision that examines the validity of a "safe sex" order. The court determines the order was not overbroad in ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012-December-04 |
|
Summary:
|
This is a United States Air Force Court of Military Review decision affirming an HIV-positive officer's conviction by general court-martial of sodomy by fellatio, ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1993 |
|
Summary:
|
This is a United States Court of Military Appeals decision holding that a military officer's failure to inform his sexual partner of his HIV-positive status supports an ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012-December-04 |
|
Summary:
|
This is a United States Army Court of Military Review decision affirming the conviction by general court-martial of consensual sodomy and wanton disregard for human life ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2012-December-04 |
|
Summary:
|
This is a United States Army Court of Military Review decision
affirming a lower court's general court-martial of an officer who
pleaded guilty to two counts of ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1991 |
|
Summary:
|
This United States Army Court of Military Review decision sets aside a lower court's conviction of an HIV-positive staff sergeant of assault consummated by a battery ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1994 |
|
Summary:
|
This is a United States Court of Military Appeals decision affirming a trial court's convictions of aggravated assault and indecent acts for an HIV-positive man ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2004 |
|
Summary:
|
This is a United States Navy-Marine Corps Court of Criminal Appeals decision that examines whether a military trial judge appropriately convicted an HIV-positive man of ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1989 |
|
Summary:
|
This United States Court of Military Appeals decision affirms a lower court's convictions of a sergeant of aggravated assault, absence without leave, and failure to repair ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
2008-March-03 |
|
Summary:
|
This opinion involves an appeal from an aggravated assault conviction brought against an officer in the Coast Guard who allegedly had unprotected vaginal intercourse with ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1989 |
|
Summary:
|
This United States Court of Military Appeals decision affirms the court martial of an HIV-positive staff sergeant for violating a "safe sex" order and committing ... |
|
|
Document Type:
|
Court and Agency Decisions and Orders (including case law) |
|
Date:
|
1989 |
|
Summary:
|
This is a United States Court of Military Appeals decision reversing a trial judge's dismissal of charges against an officer, thus allowing the case to proceed to ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2011-November |
|
Summary:
|
This report by Positive Justice Project member NASTAD provides a summary of health departments' relationships with state departments of corrections (DOC) regarding ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2011-December |
|
Summary:
|
This report by Positive Justice Project member NASTAD provides a summary of health departments' awareness of any policies and practices that unjustly sanction persons ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2009-June |
|
Summary:
|
In this brief, the Center for HIV Law and Policy, National Advocates for Pregnant women, and other amici argue that a federal judge in the District of Maine improperly ... |
|
|
Document Type:
|
White Papers and Reports |
|
Date:
|
2011 |
|
Summary:
|
This chapter, in a larger report on the State of Sexual Freedom in the United States, explores the current state of HIV criminalization in the United States, including ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2001-May |
|
Summary:
|
This study, which took place between 1994 and 1998 in Rakai, Uganda, tracked the HIV-1 transmission rate in 415 heterosexual couples with discordant HIV-1 status. Of the ... |
|
|
Document Type:
|
Fact Sheet |
|
Date:
|
2011-February |
|
Summary:
|
What HIV Criminalization Means to Women in the U.S. is a briefing paper that addresses practical and legal questions that are often raised about using criminal law as a ... |
|
|
Document Type:
|
Client/Agency Forms |
|
Date:
|
2008-March-14 |
|
Summary:
|
The Missouri Department of Health and Senior Services requires that all individuals who test positive for HIV sign – and initial every paragraph of – a form in ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2011 |
|
Summary:
|
This article discusses the criminalization in England of same-sex, sadomasochistic (s and m) behavior. The author also explores how violence and HIV are readily ... |
|
|
Document Type:
|
Charts, Tables, and Graphs |
|
Date:
|
2013-April |
|
Summary:
|
This United States map identifies states that have HIV-specific criminal statutes, and subsequent prosecutions, and states that do not have such statutes but have arrested ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2010 |
|
Summary:
|
This article discusses the global trend in the creation of laws specifically aimed at criminalizing HIV exposure. At the time of the article, 63 countries had at least ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2012 |
|
Summary:
|
This article offers comprehensive analysis of the trends, demographic patterns, and outcomes of more than 100 Canadian criminal cases of HIV non-disclosure between 1989 ... |
|
|
Document Type:
|
Training Materials, Slides, Pamphlets |
|
Date:
|
2010-December-20 |
|
Summary:
|
These slides explore HIV criminalization, and the potential use of alternatives to incarceration as a way to address the human rights violations represented by arrest and ... |
|
|
Document Type:
|
International Commitments and United Nations Documents |
|
Date:
|
2013 |
|
Summary:
|
This Statement, accepted for publication by the 57th Session of the UN Commission on the Status of Women, calls for the repeal of all laws criminalizing HIV ... |
|
|
Document Type:
|
Pleadings and Briefs |
|
Date:
|
2010-June |
|
Summary:
|
Lambda Legal, the American Academy of HIV Medicine, the Association of Nurses in AIDS Care, and the HIV Medicine Association filed this amicus curiae (meaning "friend of ... |
|
|
Document Type:
|
Research and Journal Articles |
|
Date:
|
2002 |
|
Summary:
|
This article by Zita Lazzarini, Sarah Bray, and Scott Burris analyzes whether laws criminalizing HIV exposure are effective tools for preventing the spread of HIV/AIDS in ... |
|