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From sickness to badness: The criminalization of HIV in Michigan

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  • Hoppe, Trevor

Abstract

Sociological approaches to the social control of sickness have tended to focus on medicalization or the process through which social phenomena come to be regulated by medicine. Much less is known about how social problems historically understood as medical come to be governed by the criminal law, or what I term the “criminalization of sickness.” Thirty three US states have enacted criminal statutes that require all HIV-positive individuals to disclose their infection before engaging in a wide range of sexual practices. Drawing on evidence from 58 felony nondisclosure convictions in Michigan (95% of all convictions between 1992 and 2010), I argue that the enforcement of the state's HIV disclosure law is not driven by medical concerns or public health considerations. Rather, it reflects pervasive moralizing narratives that frame HIV as a moral infection requiring interdiction and punishment.

Suggested Citation

  • Hoppe, Trevor, 2014. "From sickness to badness: The criminalization of HIV in Michigan," Social Science & Medicine, Elsevier, vol. 101(C), pages 139-147.
    • Handle: RePEc:eee:socmed:v:101:y:2014:i:c:p:139-147
    DOI: 10.1016/j.socscimed.2013.11.007
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    References listed on IDEAS

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    1. Mykhalovskiy, Eric, 2011. "The problem of "significant risk": Exploring the public health impact of criminalizing HIV non-disclosure," Social Science & Medicine, Elsevier, vol. 73(5), pages 668-675, September.
    2. Bosk, Emily Adlin, 2013. "Between badness and sickness: Reconsidering medicalization for high risk children and youth," Children and Youth Services Review, Elsevier, vol. 35(8), pages 1212-1218.
    3. Pescosolido, B.A. & Monahan, J. & Link, B.G. & Stueve, A. & Kikuzawa, S., 1999. "The public's view of the competence, dangerousness, and need for legal coercion of persons with mental health problems," American Journal of Public Health, American Public Health Association, vol. 89(9), pages 1339-1345.
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    Cited by:

    1. Timmermans, Stefan & Tietbohl, Caroline, 2018. "Fifty years of sociological leadership at Social Science and Medicine," Social Science & Medicine, Elsevier, vol. 196(C), pages 209-215.
    2. Han Liu & Tse-Chuan Yang, 2022. "Examining the Reciprocity Between Perceived Discrimination and Health: A Longitudinal Perspective," Population Research and Policy Review, Springer;Southern Demographic Association (SDA), vol. 41(4), pages 1757-1777, August.

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