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3 Crim. Just. Pol'y Rev. 1 (1989)

handle is hein.journals/cjpr3 and id is 1 raw text is: 
CJPR, VOL. 3, NO. 1, 3/89, pp. 001-027

  AIDS On Parole: Dilemmas In Decision Making

  John Kleinig
  John Jay College of Criminal Justice
  Charles Lindner
  John Jay College of Criminal Justice

   Parole practices and policies with respect to confidentiality, public respon-
sibility, institutional accountability and managerial duty have been placed
under new scrutiny as a result of the AIDS pandemic. This paper attempts
to articulate some of questions that have arisen, focusing particularly on their
moral dimensions, and seeks to provide responses that balance the plural
responsibilities that parole officers and policy-makers have to releasees and
their families, to other parole officers and to the public.

  The dramatic arrival of AIDS has posed an unanticipated challenge-
legally, administratively and morally-to many well-established social rou-
tines and institutional practices. Its debilitating and fatal effects, its long incu-
bation period, its mode of transmission and the rapidity with which it has
spread, our relative ignorance of its natural history and the lack of a cure,
have created a social climate sometimes approaching hysteria, and have
called into question longstanding liberal democratic values.
  The policies and procedures of parole have not been insulated from these
challenges. Indeed, the prevalence of AIDS among jail and prison inmates
has placed the parole system directly in the line of fire. Situations have now
arisen in which common practices have been forsaken or challenged because
of the threat allegedly posed by inmates with AIDS. The purported threat
has brought the issues of confidentiality, public responsibility, institutional
accountability and managerial duty into new focus, providing practitioners
and policy-makers with decision-making quandaries for which their past cir-
cumstances appear not to have adequately prepared them. In the following
pages, we focus on several of these quandary situations, and attempt to spell
out and assess some of the options they pose for parole officers and
  Necessarily, our discussion is limited. In particular, we have had to leave

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