CAPSTONE CASE PEOPLE V. JENSEN 3
CAPSTONECASE PEOPLE V. JENSEN
CapstoneCase People v. Jensen
Inthe Capstone case, the court had to decide on the issue involving adefendant who knew that she was HIV positive, and engaged in sexualintercourse or penetration without informing her partner concerning her status. However, the sexual intercourse did not result from anythreat or force, but the major problem is that did not inform herpartner that she was positive. The court ruling upheld thedefendant’s conviction for assault with the intent to commitmurder, whereby she knew she was knew she was HIV positive andengaged in sexual intercourse without wearing a condom or informingher partner
Iam in support of the court ruling in the sense that because thedefendant knowingly exposed the partner to the risk of harm or deathby infecting him with the disease. Thus, this is sufficient evidencein support of the court ruling. Furthermore, the court acted inresponse to the law, which emphasizes the disclosure of HIV statusbefore sexual penetration. In fact, Michigan Supreme Court finds thestatute constitutional because it includes both consensual andnonconsensual acts, although it fails to require intent to cause harm(Pollock, 2012). In my opinion, the court ruling prevents thedefendant from further life-threatening behavior that can put anentire community at risk.
Someviews suggest that the People v. Jensen statute is said to turn apersonal status to a crime because of the violation of theconstitution`s First Amendment right. Webber (2007) supports theseviews by pointing out that the application of the statute portraysthat the government’s interest in preventing transmission of HIVoutweighs the constitutional rights of the defendant. However, inMichigan cases, it was been established that the statute is not inviolation of the First amendment right, but instead, it expressesthe states overwhelming interest in compelling the disclosure ofHIV/AIDS status, in order to stop the spread.
Pollock,J. M. (2012). CriminalLaw.Cincinnati, Oh: Newnes.
Webber,D. W. (2007). AIDSand the Law.New York: Aspen Publishers .