HIV criminalization Fuels Sentencing Disparities

An analysis of the criminal justice system will draw our attention further to why its neoliberal and punitive orientation fuel sentencing disparities. This is not a denunciation of the criminal justice system. However, it is a critique of HIV criminalization which as I have shown earlier should instead be called HIV voluntary transmission criminalization. According to scholars, the criminal justice system monitors the practices, acts and behavior of community members through community, society and government agencies such as the police, sheriff’s departments, the courts and the state and federal prison systems. Law enforcement personnel patrol communities to ensure that neighborhoods remain safe, and citizens may report crimes they witness or personally experience. Suspected criminals are given fair trials in U.S. courts, and if convicted, sentenced to rehabilitation or incarceration.

Criminalization, has something to offer in form of offender rehabilitation, offender punishment, victim restoration and community safety. Offender rehabilitation can be punitive and rehabilitative. According to scholars, offender rehabilitation has changed through the years, has adopted a humane touch and placed offenders in the community under probation or parole. For minor infractions such as crimes involving minimal property losses or possession of small amounts of drugs, rehabilitation has been the best option. Through community supervision it is possible to monitor criminals while helping them in becoming productive members of society.


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