This article does not challenge the prudence of enacting statutes criminalizing the transmission of the HIV virus. Instead, the author asks whether a particular statute, one already enacted in Illinois, is unconstitutionally vague because it does not give adequate warning to individuals that certain behavior is proscribed or because it is overbroad in that it prohibits constitutionally protected conduct. The author also offers a redrafted Illinois statute that she believes will pass constitutional muster.
{"title":"The Illinois HIV transmission statute: unconstitutionally vague or politically vogue?","authors":"K L Kwiatt","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article does not challenge the prudence of enacting statutes criminalizing the transmission of the HIV virus. Instead, the author asks whether a particular statute, one already enacted in Illinois, is unconstitutionally vague because it does not give adequate warning to individuals that certain behavior is proscribed or because it is overbroad in that it prohibits constitutionally protected conduct. The author also offers a redrafted Illinois statute that she believes will pass constitutional muster.</p>","PeriodicalId":81025,"journal":{"name":"Criminal law bulletin","volume":"27 6","pages":"483-503"},"PeriodicalIF":0.0,"publicationDate":"1991-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25285278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The author first explores the law of the psychotherapist-patient privilege along with the traditional rationale for the privilege. The results of studies challenging the assumptions upon which the privilege rests are summarized. Finally, the potential therapeutic advantages are explored. The author suggests that the absence of an absolute privilege might in fact prevent harmful behavior. Those patients who communicate to their therapists the desire or intent, for example, to commit a crime, might not act on their urges for fear of disclosure of the communication in a future criminal proceeding.
{"title":"Limiting the psychotherapist-patient privilege: the therapeutic potential.","authors":"J A Klotz","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The author first explores the law of the psychotherapist-patient privilege along with the traditional rationale for the privilege. The results of studies challenging the assumptions upon which the privilege rests are summarized. Finally, the potential therapeutic advantages are explored. The author suggests that the absence of an absolute privilege might in fact prevent harmful behavior. Those patients who communicate to their therapists the desire or intent, for example, to commit a crime, might not act on their urges for fear of disclosure of the communication in a future criminal proceeding.</p>","PeriodicalId":81025,"journal":{"name":"Criminal law bulletin","volume":"27 5","pages":"416-33"},"PeriodicalIF":0.0,"publicationDate":"1991-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25286500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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