the ethics of AIDS

[general counsel]

Question for the group. What should be the appropriate criminal penalty for someone who knows that they are infected with aids and has unprotected sex with a partner without telling that person they are infected.

ramming speed to all

general counsel

[ramsbruce]

Life in prison, no parole. They are basically sentencing that person that they infect to an earlier death.

[RamsFanSam]

I agree. Life, no parole, withholding all but comfort meds from the guilty party.

[Milan]

Come on now, life?
Maximum maybe 50 years in prison.

Plus...I don't think life would do any good, they'd die sooner than they would, especially in prison conditions.

[Nick]

I'm not that fluent in the law, but I would say something equivalent with depraved indifference.

[general counsel]

Nick, depraved indifference is an excellent analogy, and i think that in many cases that would be dead spot on. but in many other cases, it actually reaches the level of willful and wanton, or even attempted murder. The thinking goes something like this "If i am going to die anyway, i am going to take as many people with me as i can before i go"

ramming speed to all

general counsel

[Nick]

Nick, depraved indifference is an excellent analogy, and i think that in many cases that would be dead spot on. but in many other cases, it actually reaches the level of willful and wanton, or even attempted murder. The thinking goes something like this "If i am going to die anyway, i am going to take as many people with me as i can before i go"

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general counsel

I think it all goes to intent. In the latter case you described, if someone goes out and has unprotected sex with the motive of infecting people, I would definitely go right up to attempted murder.

Out of curiosity, what kind of sentencing can a person get for something like depraved indifference?

[general counsel]

Nick, good question, i would have to look it up, maybe avenger knows, i really dont practice criminal at all. However, if you are talking depraved indifference that results in death (ie drag racing), i would think (pure guess) you would be looking at something in the range of 10-25 years, whereas if you could prove intent, you are looking at 25 to life.

Keep this in mind. A person could be indicted for something akin to depraved indifference or some offense (along with the accompanying civil liablity of course) and sent to prison, and then indicted again later if the victim ultimately dies. The trick is proving the link between the action and the victims death, which is always tricky, especially if the victim has had multiple partners or some other ailment.

ramming speed to all

general counsel