Disease on trial
Medical risk and molecular responsibility in HIV exposure and disclosure jury trials (1994-2015)
Bibliographic Data
| ID | 2306079 |
|---|---|
| Authors | Rebeca Herrero Sáenz (0000-0002-1434-1493, University at Albany, State University of New York, corresponding author), T Hoppe (0000-0001-9308-3113, University of North Carolina at Greensboro) |
| Year | 2020 |
| Volume | 68 |
| Issue | 1 |
| Pages | 97-115 |
| Publication date | 2020-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Current Sociology (JOURNAL) |
| Journal identifiers | ISSN: 0011-3921 • E-ISSN: 1461-7064 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0011392118815936 |
| OpenAlex | W2904336316 |
| Language | EN |
| References cited | 40 |
More than 30 years have passed since the first HIV-specific criminal laws were enacted, generally making it a crime for people living with HIV to have sex with another person without disclosing their HIV-status. This study examines the tensions between medicine and criminal justice discourses in the application of laws governing a once terminal disease that medicine has transformed, over the past three decades, into a manageable condition. Has medical progress affected courtroom discussion? To answer this question, the authors analyze court transcripts from nine criminal HIV nondisclosure jury trials between 1994 and 2015 in Michigan, Tennessee, and Missouri. The analysis focuses on how shifting medical discourses of risk influence the way prosecutors and counsels construct notions of individual responsibility and, thus, culpability for HIV exposure. The authors argue that antiretroviral therapy and sophisticated clinical testing technologies have led to increasingly medicalized notions of criminal responsibility that they term 'molecular responsibility.' Over time, arguments over the defendant's responsibility shift from the realm of morality to incorporate the defendant's capacity and willingness to medically control the microbiological dimension of their condition
Appeal · Construct (python library) · Criminal justice · Criminology · Culpability · Jury · Moral responsibility · Morality · Political science · Sociology · Criminal Justice and Corrections Analysis · Ethics in Clinical Research · HIV, Drug Use, Sexual Risk · Law · Psychology
Sexual Activity Without Condoms and Risk of HIV Transmission in Serodifferent Couples When the HIV-Positive Partner Is Using Suppressive Antiretroviral Therapy
Risk assessment for juvenile justice
Deviance and medicalization
A quantitative study of Michigan's criminal HIV exposure law
Prevalence and Public Health Implications of State Laws that Criminalize Potential HIV Exposure in the United States
Science, truth, and forensic cultures
Constructing the neoliberal sexual actor
Preliminary Validation of the Juvenile First Offender Risk Assessment Index
Effects of the Criminalization of HIV Transmission in Cuerrier on Men Reporting Unprotected Sex with Men
Between badness and sickness
New Jersey’s HIV Exposure Law and the HIV-Related Attitudes, Beliefs, and Sexual and Seropositive Status Disclosure Behaviors of Persons Living With HIV
Law’s Knowledge
In the name of health and illness
The Discovery of Hyperkinesis
Controlling Sex in the Name of “Public Health”
Biopolitical Citizenship in the Immigration Adjudication Process
Punishing Disease
From sickness to badness
"The problem of "significant risk
The Problem of "Us" Versus "Them" and Aids Stigma
Mobilization in Public Drunkenness Control
Social Problems as Collective Behavior
Moral Passage
The Undetectable Crisis
The Politics of Life Itself
Explaining Criminalization
Medicalization and Social Control
Types of medical social control
Introduction
| Highly cited | No |
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