Offender punishment is in form of punitive sanctions such as fines, community service and probation which have been shown to effectively deter future criminal behavior. However, for some crimes that are much too serious to justify rehabilitation efforts, punishment in the form of lengthy prison sentences is seen as the best option. Judges consider several factors when determining sentencing of a defendant to prison. These may include social, economical and political status, age, criminal history, family background and support system, concerns of victims and interested parties, attitude and counseling needs. This impacts on who is incarcerated and gravity of sentence.
Victim
considerations and restoration are part of the goal of the criminal
justice system. In the event a defendant owes restitution to a victim,
this can be directly to a court. It is the court which forwards
the money or form of restitution to the victim. Victims have the right
to be heard at sentencing and parole hearings via written or verbal
statements (or both). They may also speak with probation officers to
provide input or request general
information. This is the ideal due diligence expected of the criminal justice system. But, in the case of a person with a +ve HIV diagnosis there are health issues to consider. Adherence to medication which in turn ensures low virus count, immunity against opportunistic infections and further acquisition of say, TB or other HIV strains while in custody.
information. This is the ideal due diligence expected of the criminal justice system. But, in the case of a person with a +ve HIV diagnosis there are health issues to consider. Adherence to medication which in turn ensures low virus count, immunity against opportunistic infections and further acquisition of say, TB or other HIV strains while in custody.
While
the goal of safety is important, people whose immunity is compromised
need to be placed in such spaces where they would not be vulnerable or
spread for instance, TB. The criminal justice system is responsible for
overall community safety and it should not be ground zero for
re-infections. Safety is both for communities within and outside
incarceration settings. Children
should be able to play outside without fear and families should be able
to take evening walks. Even though this idyllic view tends towards
wishful thinking, Americans view safe communities as a right. Taxes paid
to law enforcement personnel are the responsibility of all citizens.
HIV
criminalization has to pass four things to be pass a morality test: the
motivation, the act itself, the rehabilitation and the consequences.
The motivation behind putting one behind bars is punishment,
retribution, and deterrence. For people living with HIV this act needs
to be followed with humane treatment and non-interruption of ART/ARV
treatment. Scholars have shown that HIV is difficult to transmit, that
precautions effectively reduce transmission risk, and that with access
to treatment, HIV is a chronic, manageable condition, not a death
sentence. A public health model needs to be supported and an +ve HIV
diagnosis in criminal settings should call for care that ensures ART
support and adherence.
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