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35 Ariz. L. Rev. 237 (1993)
Death at First Bite: A Mens Rea Approach in Determining Criminal Liability for Intentional HIV Transmission

handle is hein.journals/arz35 and id is 253 raw text is: DEATH AT FIRST BITE: A MENS REA APPROACH IN DETERMINING CRIMINAL LIABILITY FOR INTENTIONAL HIV TRANSMISSION Kimberly A. Harris Joseph Haines1 had an advanced case of Acquired Immune Deficiency Syndrome (AIDS) related complex.2 On August 6, 1987, he slashed his wrists in his apartment.3 Police officers Dennis and Hayworth, responding to the radio call of a possible suicide, arrived at the scene to find Haines face down in a pool of blood.4 Dennis attempted to revive Haines and told Haines that they were there to help him.5 When Haines heard the paramedics approaching he stood up, ran at Dennis, and screamed that he should be left to die because he had AIDS.6 As the officers attempted to subdue him, Haines repeatedly shouted that he had AIDS, that he could not deal with it, and that he was going to make Officer Dennis know what it meant to suffer from AIDS.7 He told Dennis he would use his wounds and jerked his arms at Dennis, spraying blood into the officer's eyes and mouth.8 Haines then struggled with the paramedics, threatening to infect them with AIDS and spitting at them.9 Haines bit a paramedic on the upper arm, breaking the skin, and said he was going to show everyone what it was like to 1. State v. Haines, 545 N.E.2d 834 (Ind. Ct. App. 1989). 2. AIDS is the name given to a complex of opportunistic infections that develop when a person's immune system has broken down. Kenneth Vogel, Discrimination on the Basis of HIV Infection: An Economic Analysis, 49 OHIO ST. L.J. 965, 967-68 (1988-89). The virus that causes AIDS has various names in the scientific community: Human T-Lymphotropic Virus Type III (HTLV-III), lymphadenopathy-associated virus (LAV), or AIDS-related complex (ARC). Itt at 967 n.18. For simplicity, this Note collectively refers to these strains as AIDS. AIDS occurs in people who have been infected by the Human Immunodeficiency Virus (HIV). A positive HIV antibody test indicates the individual has produced antibodies in reaction to exposure to HIV. Antibodies usually develop within 6-12 weeks following exposure to the virus. Exchanging of body fluids, sharing of contaminated needles, and transfusion of infected blood are the primary means of transmission. The average life expectancy of a patient who has contracted one of the opportunistic diseases associated with AIDS is approximately fifteen months after diagnosis. Rhonda R. Rivera, Lawyers, Clients, and AIDS: Some Noies from the Trenches, 49 OHIO ST. L. 883, 884-85 n.14 (1988-89). 3. Haines, 545 N.E.2d at 835. 4. Id. 5. Id. 6. Id. 7. Id. 8. At one point, Haines struck Dennis in the face with a blood-soaked wig splattering blood onto Dennis' eyes, mouth, and skin. Haines, 545 N.E.2d at 835. 9. Id.

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