Scott Burris , Edwin Cameron & Michaela Clayton, The Criminalization of HIV: Time for an Unambiguous Rejection of the Use of Criminal Law to Regulate the Sexual Behavior of Those with and at Risk of HIV, Working Paper of the Beasley School of Law, the High Court of the Republic of South Africa, & AIDS and Rights Alliance of Southern Africa (2008).
Zita Lazzarini, Sarah Bray, & Scott Burris, Evaluating the Impact of Criminal Laws on HIV Risk Behavior, 30 J. L. Med. & Ethics 239 (2002).
Scott Burris, Leo Beletsky, Joseph Burleson, Patricia Case & Zita Lazzarini, Do Criminal Laws Influence HIV Risk Behavior? An Empirical Trial, 39 Ariz. St. L. J. 467 (2007).
Scott Burris & Edwin Cameron, The Case Against Criminalization of HIV Transmission, 300 J. Am. Med. Ass'n 578 (2008).
Edwin Cameron, Scott Burris & Michaela Clayton, HIV is a Virus, Not a Crime: Ten Reasons Against Criminal Statutes and Criminal Prosecutions, 11 J. Int'l AIDS Soc'y (2008).
Ralf Jürgens, Jonathan Cohen, Edwin Cameron, Scott Burris, Michaela Clayton, Richard Elliot, Richard Pearshouse, Anne Gathumbi & Delme Cupido, Ten Reasons to Oppose the Criminalization of HIV Exposure or Transmission, 17 Reproductive Health Matters 163 (2009).
Criminal laws are being used in states across the country, as well as in countries across the globe, to try to deter and punish the transmission of HIV. The use of criminal law to address HIV is ineffective in reducing transmission and unjustified except in very rare cases where a person acts with conscious and malicious intent to transmit HIV and transmission occurs. Nonetheless, thousands of people around the world have been prosecuted and imprisoned.
CHLPP Co-Director Scott Burris is a leading researcher in issues of the criminalization of HIV. He sits on the Technical Advisory Group of the Global Commission on HIV and the Law, a project of the United Nations Development Programme. The Global Commission was founded to develop evidence-based and human rights-based recommendations for effective HIV responses, including punitive laws and practices that effectively criminalize HIV.