From sickness to badness: The criminalization of HIV in Michigan

Hoppe, Trevor

doi:10.1016/j.socscimed.2013.11.007

Cited by 32 publications

(37 citation statements)

References 21 publications

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“…These mixed serostatus samples included males or females exclusively and persons of single or mixed sexual orientations. Three studies analyzed arrest records or court cases (6, 9, 10), while two were based on HIV surveillance data (26, 32). One study used a mathematical model to propose an optimal law to address sexual transmission of HIV and did not identify a specific sample (34).…”

Section: Resultsmentioning

confidence: 99%

“…Although, as mentioned above, there is no national database recording prosecutions or arrests for HIV exposure, researchers have examined the enforcement of HIV exposure laws in the U.S. by examining available data on arrests and prosecutions in a single city ((6) – Nashville, TN), a single state ((10) – Michigan), and nationally (9). …”

Section: Resultsmentioning

confidence: 99%

“…However, because these studies had to rely on cases reported in the media or recorded in court reports of (mostly) appellate cases, totals for prosecutions are likely to be significantly underestimated. Other studies have conducted comprehensive examinations of arrests and prosecutions within smaller geographic areas such as a state, for example Michigan (10) or a city, for example Nashville, TN (6). Since reporting systems vary across jurisdictions and cases are not nationally reported, there are no reliable data on how many prosecutions have occurred in the U.S.…”

Section: Introductionmentioning

confidence: 99%

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Criminalization of HIV Exposure: A Review of Empirical Studies in the United States

et al. 2016

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This review of literature identifies and describes U.S. empirical studies on the criminalization of HIV exposure, examines findings on key questions about these laws, highlights knowledge gaps, and sets a course for future research. Studies published between 1990 and 2014 were identified through key word searches of relevant electronic databases and discussions with experts. Twenty-five empirical studies were identified. Sixteen of these studies used quantitative methods with more than half of these being cross-sectional survey studies. Study samples included male and female HIV-positive persons, HIV-positive and -negative men who have sex with men, public health personnel, and medical providers. Research questions addressed awareness of and attitudes toward HIV exposure laws, potential influences of these laws on seropositive status disclosure for persons living with HIV, HIV testing for HIV-negative persons, safer sex practices for both groups, and associations between HIV exposure laws and HIV-related stigma. Surveys of the laws and studies of enforcement practices were also conducted. Attention should be shifted from examining attitudes about these laws to exploring their potential influence on public health practices and behaviors related to the HIV continuum of care. Studies examining enforcement and prosecution practices are also needed. Adapting a theoretical framework in future research may be useful in better understanding the influence of HIV exposure laws on HIV risk behaviors.

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Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Criminalization of HIV Exposure: A Review of Empirical Studies in the United States

et al. 2016

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“…Perhaps the fact that their partners may have been mostly white men may have motivated law enforcement to punish defendants seen as endangering a ''valuable'' social group. However, many of the nine white women convicted in these cases are especially disadvantaged (for a detailed account of one such case, see ''Sandra'' in Hoppe, 2014). Five were described in court as having substance abuse problems; three suffered from mental illness; three were engaged in sex work; and one was homeless.…”

Section: Discussionmentioning

confidence: 99%

Disparate risks of conviction under Michigan’s felony HIV disclosure law: An observational analysis of convictions and HIV diagnoses, 1992–2010

Hoppe

2015

Punishment & Society

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Recent public debates on race and crime have reignited an interest in the criminology literature on the effect of victim characteristics on criminal justice outcomes. This article examines whether defendant and complaining witness demographic characteristics are associated with disparate outcomes under Michigan’s felony HIV disclosure statute, which makes it a crime for HIV-positive individuals to have sex without first disclosing their HIV-status. Despite indications nationwide that the number of defendants charged under HIV-specific criminal statutes (HSCS) is increasing, few empirical studies have examined their application. This study of HSCS convictions ( N = 51) retrospectively observes and compares the risks of conviction under Michigan’s HSCS for particular HIV-positive subpopulations between 1992 and 2010. Overall, a comparatively greater risk of conviction was observed for black men with female partners and white women overall. Contrary to expectations, a comparatively low risk of conviction was observed for men with male partners as compared to men with female partners. While the observational methodology employed in this analysis cannot identify the causal mechanisms driving the observed disparities, the findings nonetheless suggest an uneven application of Michigan’s HIV disclosure law deserving of further inquiry.

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“…In the early days of the epidemic, these distinctions were often overt in public depictions, with women, children, and haemophiliacs assigned to the "innocent" category while gay men, people who use drugs, sex workers, men of colour, and foreigners or immigrants were relegated to the latter category and seen as "deserving" of, or vectors of, infection (Weait 2007, Adam et al 2008, Persson and Newman 2008, Hoppe 2014. Though less overt today in Canada, these distinctions have not entirely disappeared.…”

Section: Views On Criminalization: Qualitative Interviewsmentioning

confidence: 99%

HIV Positive People’s Perspectives on Canadian Criminal Law and Non-Disclosure

et al. 2016

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The largest survey to date of people living with HIV regarding attitudes toward criminalization of HIV non-disclosure, this study investigates: sources of legal information available to HIV-positive people; perceptions of how criminal prosecutions and media coverage affect understanding of rights and responsibilities of self and others; and where HIV-positive people themselves stand on the role the criminal justice system should play. While mainstream media constructions of criminal iconography do affect PHA views, those who have higher levels of formal education, are active in the dating scene, and have been living longer with HIV hold less punitive views than those who do not. While the overall pattern of agreement on where to draw the line in criminal prosecution holds regardless of demographic characteristics, there is some statistically significant variation in degree of punitiveness according to sexual orientation and gender as well.

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From sickness to badness: The criminalization of HIV in Michigan

Cited by 32 publications

References 21 publications

Criminalization of HIV Exposure: A Review of Empirical Studies in the United States

Criminalization of HIV Exposure: A Review of Empirical Studies in the United States

Disparate risks of conviction under Michigan’s felony HIV disclosure law: An observational analysis of convictions and HIV diagnoses, 1992–2010

HIV Positive People’s Perspectives on Canadian Criminal Law and Non-Disclosure

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