Michael Johnson or "Tiger Mandingo" as he referred to himself on social media, engaged in sexual acts with six different men, all of whom claimed that Michael lied about living with human immunodeficiency virus (HIV). As a result, the State of Missouri charged him with recklessly infecting a partner with HIV exposing or attempting to expose another with HIV. With contradictory trial testimony, no genetic fingerprint testing, and little to no questioning of his sexual partners' credibility, the jury found Michael Johnson guilty of five felony counts which resulted in a 30-year prison sentence. Ultimately the Missouri Court of Appeals overturned Michael Johnson's conviction, but only on the function of a discovery violation; the court did not reach the question of whether Michael's 30-year sentence was cruel and unusual and thus constitutionally impermissible. However, Michael's conviction and sentencing sparked international attention towards how the United States continues to convict people living with HIV under archaic statutes that do not align with medical and scientific advancements or evolving moral standards. Today, HIV is a chronic disease, like diabetes, yet exposure to HIV is still treated as if it is a death sentence in both public opinion and American jurisprudence. These convictions and sentencing guidelines result in harsh sentences for punishments that do not match the crime, misplaces responsibility when two consenting adults choose to have sex, and raises the possibility of exposing people to wrongful convictions. While Missouri and other states have attempted to modernize these antiqued laws, the modernized laws require further analysis to determine whether they in step with the science and if people living with HIV are still vulnerable to harsh sentences and wrongful convictions. This article identifies major legal considerations of the modernized laws and provides guidance on reform.
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Heliyon
December 2024
Department of Behavioral Medicine, College of Medicine & Health Sciences, Sultan Qaboos University, Al Khoudh, 123, Muscat, Oman.
Background: To stay abreast of the best international practices, the Arab Gulf countries have ratified the United Nations which includes clauses on safeguarding the well-being of children against child abuse and neglect. The enactment of laws, policies, and facilities designed to protect the rights of the child has not yet been studied to determine whether it leads to appropriate legal dispositions against perpetrators of child sexual abuse (CSA) in Oman.
Aims: This study has been launched to address two interrelated objectives; (i) describe the characteristics of CSA victims and perpetrators and (ii) examine factors associated with medicolegal findings and judicial results for CSA complainants in Oman.
Forensic Sci Int
December 2024
Tampere University, Faculty of Social Sciences, Arvo building, Arvo Ylpon katu 34, Tampere, Finland.
Indian J Psychol Med
November 2024
Rawalpindi Women University, Rawalpindi, Punjab, Pakistan.
Background: Prison settings are stress-inducing environments that make individuals more vulnerable to psychopathology. Defense styles and personality traits have long been associated with psychopathology. The current study aimed to explain the intervening role of maladaptive personality domains on the relationship between defense styles and psychiatric symptoms among male convicts imprisoned in nine Central Jails of Punjab, Pakistan.
View Article and Find Full Text PDFCult Med Psychiatry
October 2024
Department of Anthropology, University of Chicago, Chicago, USA.
This paper considers the development of new clinical and medical practices in the early 2000s in France, after the adoption of legal reforms aiming at the prevention of sexual infractions and the protection of minors. The paper explains how the reform led to the creation of a new form of punishment for sexual offenders, l'obligation de soin (therapeutic obligation), which can be described as long-term mandatory therapeutic monitoring. This paper offers an analysis of the implementation of this measure from the standpoint of the specialized mental health care unit which were entrusted the mission of caring for the new group of convicted patients, i.
View Article and Find Full Text PDFLaw Hum Behav
August 2024
Department of Criminology, Law and Society, George Mason University.
Objective: Alford pleas allow defendants to profess innocence while simultaneously pleading guilty. In Study 1, we addressed two research questions: (1) Does the case processing length in Alford plea cases differ from traditional guilty plea cases? and (2) Do the sentencing outcomes (i.e.
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