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JAMA Commentary Opposes Criminal Punishment for HIV Exposure/Transmission
Date:8/4/2008

While agreeing that intentional infection of another is a criminal offense, they say "the difficulty arises with cases falling between ... " In addition, they note that it may be dangerous for some women to disclose their infection to their partners, " ... yet they face the added possibility of prosecution if they fail to disclose."

An extended version of the article is available on the Social Science Research Network (SSRN) at http://ssrn.com/abstract=1189501. A research study by Burris and others finding no evidence of any positive impact of criminalization on risk behavior can be found at http://ssrn.com/abstract=977274.

The issue of criminalization will be discussed several times at the International AIDS Conference, including at the following sessions:

-- "Using the Law to Shape the Response to HIV: The Relevance of the SADC PF Model Law," Wednesday, August 6 at 7 a.m. Clayton presenting.

-- "To Transmit or not to Transmit: Is that Really the Question? Criminalization of HIV Transmission," Wednesday, August 6 at 11 a.m. Clayton presenting.

-- "Moving from Promises to Actions: Building Global and National Commitment for Evidence-Based Approaches to Addressing Stigma and Discrimination," Wednesday, August 6 at 12:45 p.m. Cameron presenting.

-- "Criminalization: Why, Where and What are the Alternatives?" Wednesday, August 6 at 4:30 p.m. Chaired by Cameron. Clayton also presenting.

-- "Criminalizing HIV+ Transmission? Good, Bad, or Pointless?" Thursday, August 7 at 10:45 a.m. Chaired by Cameron.

-- 'Meet the Plenary Speakers' session at 1 p.m. on Thursday, August 7. Cameron participating.

-- "The Role of Human Rights in HIV Related Interventions Amongst Vulnerable Groups," on Thursday, August 7 at 2:30 p.m. Burris presenting.

-- Plenary session "Criminal Statutes and Criminal
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SOURCE Temple University Law professor Scott Burris
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