ipl-logo

Terry Skolnik Criminal Law After Covid-19 Summary

563 Words3 Pages

In his essay “Criminal Law During (and After) COVID-19”, Terry Skolnik (2020) explores the application of the Mabior framework to COVID-19, particularly in cases where individuals knowingly transmit the virus. I agree with Terry Skolnik’s commentary on the need to consider intent in cases of COVID-19 transmission, but I disagree with his application of the Mabior framework to these cases. In this paper, I will argue that while intent is a crucial factor, the unique nature of COVID-19 warrants a different approach that focuses on negligence and recklessness rather than strict liability. Skolnik (2020) argues that the Mabior framework, which imposes criminal penalties on those who deliberately expose others to HIV, should apply to those who purposefully …show more content…

Even though it is evident when there is a deliberate transfer of COVID-19, it might be difficult to establish purpose when there is an unintentional transmission. COVID-19 can spread unintentionally, unlike HIV, particularly when an individual is asymptomatic. Furthermore, it is challenging to determine a direct link between an individual's behaviours and the virus's propagation due to COVID-19's quick proliferation and the absence of extensive testing. Moreover, Skolnik's reasoning falls short in addressing the possible repercussions of using the Mabior framework with COVID-19. The Mabior framework has drawn criticism for having the ability to stigmatize people living with HIV and dissuade them from being tested and coming forward. The laws discriminate against individuals living with HIV (PLWH) by punishing behaviours that are legal for others (Tatham, 2023). If COVID-19 were to follow a similar paradigm, people might be discouraged from getting tested and treated out of concern for potential criminal

Show More
Related

The Immortal Life Of Henrietta Lacks By Rebecca Skloot

1109 Words | 5 Pages

“1,201,100 persons aged 13 years and older are living with HIV infection” (AVERTing HIV & AIDS, 2014), but a number of people weren’t able to get help early on, “ 1.5 million people died of AIDS-related illnesses worldwide in 2013”(World Health Organization, 2014) . Stars like Magic Johnson are able to go on and live a healthy lifestyle because he could afford to spend thousands of dollars on medications. Some of the unintended consequences of a profit- driven health care system include the fact that people are dying. If people can’t pay for treatment, they may not receive treatment at all, or the quality of treatment will not be the same as it is for someone with insurance. This is demonstrated in “The Immortal life of Henrietta Lacks,” since Henrietta was a poor, black woman, they

Read More

'Accessing Treatments' By George W. Smith

278 Words | 2 Pages

In the article “Accessing Treatments: Managing the AIDS Epidemic in Ontario in Knowledge, Experience& Ruling Relations” by George W. Smith, the author pointed out how the ideology and social construction of common knowledge about AIDS influence the treatment for those patients negatively. Smith believed the general public and government have been lack of sufficient knowledge about AIDS, the AIDS patients and the government, the organization who providing the treatment are disconnected. There are still lots of people think AIDS is fatal illness disease and mainly caused by homosexuality. Smith thinks the lack of treatment for AIDS is basically due to the homophobia, labeling and prejudices formed by the public and mass media, and the government

Read More

Summary Of Chapter 19 Of The Criminal Justice System

453 Words | 2 Pages

In discusiion of chapter 19, I learned that there is a high rate of incarcerated offenders in the justice system. Some offenders are released early and placed on parole. The caseloads of officers are overloaded. The average parolee have fines that they can not pay due to poor resources in the community. Many are released early because the prisons are overcrowded and punishments are used to deter crime.

Read More

Sesame Street Time Capsule

928 Words | 4 Pages

The AID’s epidemic began in 1981 and started with five young, previously healthy gay men in Los Angeles, and from there on the disease spread, causing hundreds of thousands of deaths. This crisis mainly happened amongst the LGBTA+ community, as the main recipients of AID’s were gay and bisexual men. This crisis sparked the Gay Right’s movement, increasing the demand for a higher education of STD’s and forcing the conservative government of the time to recognize organisations they had previously ignored. This is why this issue should be included in the time capsule. The disease caused global panic amongst Gen X, causing the field of medicine to advance and sparked a movement that is still prevalent in this day and age It was a major event in that generation that is still remembered, mourned and fought

Read More

Rhetorical Analysis Of The 1992 Republican National Convention

980 Words | 4 Pages

Fischer calls out all the stereotypes that were associated with being HIV positive when she states “In the context of an election year, I ask you-here, in this great hall, or listening in the quiet of your home-to recognize that the AIDS virus is not a political creature. It does not care whether you are Democrat or Republican. It does not ask whether you are black or white, male or female, gay or straight, young or old. “ Her reasoning is both convincing and all inclusive. While she states that the virus is not a political creature she uses words that are meant to scare her audience into action.

Read More

The Documentary Endgame: AIDS In Black American

1772 Words | 8 Pages

HIV and its eventual condition, AIDs, is a epidemic that has plagued America since its first discovered in 1983 by the doctors of UCLA. Its catastrophic impact and fast spread was bolstered by many attributes. The reception and incorrect host range led to misinformation that it only affected homosexual white men. The way society acted against disapproved notions allowed HIV to thrive as people kept things to themselves. The government was ineffective and unprepared to stop the virus while religion only made it worse by labeling it as God’s wrath.

Read More

Criminal Law Today: Chapter Analysis

1490 Words | 6 Pages

In chapter 4 of Criminal Law Today, the author demonstrates the elements of attempt, conspiracy, and solicitation. This chapter also identifies the various tests there are used to determine if there has been adequate action to be considered a crime of attempt. This chapter also explains why courts won’t and can’t punish a person for their evil thoughts. Back in 2014, a New York City police officer, was convicted in federal court of conspiracy to commit kidnapping. However this was one of the cases that didn’t have that much evidence against the offender.

Read More

The Coldest Winter Ever Analysis

1151 Words | 5 Pages

Moreover, when the HIV/AIDS epidemic exploded, there was misconception among the general public about how the disease was transmitted. The US Center for Disease Control explicitly ruled out any possible transmission through casual contact in 1983. Nonetheless, news headlines such as, “It’s Spreading Like Wildfire” and “AIDS: Bubonic Plague of the 21st Century?” suggested that the virus could spread through casual contact. Although, HIV/AIDS was becoming more understood, some media continued to rectify fallacies about the disease.

Read More

Mary Fisher Speech On Aids

1011 Words | 5 Pages

On June 5th, 1981, the first case of AIDS was reported in the United States resulting in 121 known deaths that year, all of which were gay men. Since the deaths reported were only of gay men, it lead straight Americans to believe that they could not be affected by the disease. From 1981 to 1987, AIDS had infected over 50,000 Americans, which were not all gay men, but straight, American men and women. Again, this lead Americans to avoid the truth by making the excuse that only gays, hookers, and prostitutes, could contract the disease, and not the average American. From 1988 to 1992 the number had quadrupled resulting in over 200,000 Americans infected with the AIDS virus (“A Timeline of HIV and AIDS”).

Read More

Summary Of The Book Love Is The Cure By Ryan White

1399 Words | 6 Pages

Ronetta Lewis 12 October, 2014 Ryan White was a little boy born with hemophilia, who contracted HIV through treatment of his hemophilia (factor VIII). It was later discovered that he actually had full-blown AIDS. He was ridiculed and tormented at school ever since. The entire community of Kokomo, Indiana was against him, his family, and any of his supporters (sending death threats, shooting through their house, egging houses). Parents of students had him banned from school because they didn’t want their child to contract the disease, but the fact of the matter is, the community was uneducated because HIV/AIDS isn’t contracted that easily.

Read More

Ignorance Gaylin Analysis

501 Words | 3 Pages

Ignorance is not a choice when it comes to another person’s life there are many who are misinformed about HIV and AIDS and not only does this make things more complicated to decrease the percentages of this worldwide epidemic, but those who refuse to get tested just because they are afraid or ashamed of the outcome are only making things worse for themselves and others because the disease will soon turn into the AID virus. “But ignorance cannot be used to rationalize irresponsibility. Nowhere in their argument is there a concern about how such ignorance might endanger public health by exposing others to the virus.” (Gaylin 70). Gaylin states, “It may seem unfair to burden the tragic victims with concern for the welfare of others.”

Read More

Response To Aids In Australia Essay

1385 Words | 6 Pages

The AIDS epidemic began in the 1980’s and the effects of it were seen all around the globe. Each country led their own unique approach to preventing and curing AIDS, and some strategies worked better than others. The Australian response to AIDS can be considered world leading due to their multifaceted approach against the disease. Australia was successful in educating all people while simultaneously researching ways to cure the disease. Australia made a concerted effort to fight the both the physical disease itself, as well as the social stigma associated with it.

Read More

Ethical Issues For Vaccination

1062 Words | 5 Pages

Regardless, there is no retributive justice, or punishment for those who choose not to vaccinate. The government understands that the goals of the community may not resonate with every family, and they are willing to make exemptions. The incredible accessibility of the vaccination program and the numerous resources demonstrates a clear will to enable everyone to vaccinate their

Read More

The Role Of HIV Infection In The United States

757 Words | 4 Pages

(2014, July 15). blog.aids.gov − FACT SHEET: Progress in Four Years of the National HIV/AIDS Strategy. Retrieved from

Read More

I Believe In Health Care Essay

822 Words | 4 Pages

Healthcare is one of such fundamental rights which all human beings should enjoy. No one in power should create a situation which would endanger people’s right to healthcare or prevent them from getting access to healthcare. However, this fundamental right has been violated either directly or indirectly in several parts of the world including the Middle East and Sub-Saharan Africa (Farmer, P., 2009). According to Paul Farmer’s video “I Believe In Health Care As A Human Right” poor people in some countries die every day out of diseases that could have otherwise been prevented through vaccination.

Read More

More about Terry Skolnik Criminal Law After Covid-19 Summary

Open Document