The case of Scott Ortiz: a clash between criminal justice and public health
نویسندگان
چکیده
The criminal justice system creates particular challenges for persons with HIV and Hepatitis C, many of whom have a history of injection drug use. The case of Scott Ortiz, taken from public trial and sentencing transcripts, reveals the manner in which incarceration may delay learning of important health problems such as Hepatitis C infection. In addition, the case of Mr. Ortiz suggests the bias in sentencing that a former injection drug user may face. Collaboration between the Montefiore Medical Center residency in Social Medicine and a Bronx legal services agency, Bronx Defenders, yielded the discovery that a decade after diagnosis with HIV and after long term incarceration, Mr. Ortiz was infected with Hepatitis C. Mr. Ortiz only became aware of his advanced Hepatitis C and liver damage during his trial. The second important aspect of this case centers on the justification for lengthy sentence for a burglary conviction. The presiding Judge in Mr. Ortiz's case acknowledged that because of his advanced illness, Mr. Ortiz posed no threat to society as a burglar (the crime for which he was convicted). But the Judge elected to use his discretion to sentence Mr. Ortiz to a term of 15 years to life (as opposed to a minimum of two to four years) based on the idea that the public health would be served by preventing Mr. Ortiz from returning to the life of a street addict, sharing dirty needles with others. Mr. Ortiz reports distant injection drug use, no evidence of current or recent drug use was presented during Mr. Ortiz's trial and he reports no injection drug use for over a decade. In this case, bias against a former injection drug user, masquerading as concern for public health, is used to justify a lengthier sentence. Mr. Ortiz's lack of awareness of his Hepatitis C infection despite long term incarceration, combined with the justification for his dramatically increased sentence, provide examples of how persons within the criminal justice system may face particular challenges to their health.
منابع مشابه
Reconsidering the public health failings of the criminal justice system: a reflection on the case of Scott Ortiz
Throughout most of the world, the primary response to the health and social impacts of illicit drug use has been to intensify the enforcement of drug laws. The consequences of this policy approach include an unprecedented growth in prison populations and increasing concerns regarding drug-related harms within prisons and without, including increased risk of HIV and hepatitis C (HCV) infection. ...
متن کاملPerception of Nurses Regarding Organizational Justice and Ethical Behavior; Organızational Culture in Hospitals
Background: The organizational culture, justice, and ethical practices found in nursing services and health services have numerical superiority and a significant importance.Objective: This descriptive study aimed to determine the relationship among ethical behavior, organizational justice and culture in public and private hospitals.Methods:<...
متن کاملنقش شورای امنیت در تحقق عدالت کیفری بین المللی
Relationship between the UN Security Council, the institution of international criminal justice demonstrates a deep relationship between peace and justice. Therefore by ratification of statute of international criminal court, in different cases we can see the roles of UN Security Council in prosecute, trail and punishment those who commit the crimes within the jurisdiction of international cr...
متن کاملStudying the Relationship between Organizational Justice and Employees’ Quality of Work Life in Public Organizations: A Case Study of Qom Province
The main purpose of this study is the analysis of the correlation between organizational justice and quality of work life. This study also analyzes the correlation between organizational justice components as encompassed by three specific forms of justice perceptions; distributive justice, procedural justice, and interactional justice with quality of work life. Statistical population consists o...
متن کاملCriminal Abolition and its Impact on Justice as an Ethical Component
Background: Abolitionism has been one of the most influential ideas in criminal law in recent decades. Abolitionism is based on the belief in a moral conviction that life in the community cannot, in fact, be effectively regulated by criminal law, and that the role of the criminal justice system must be significantly reduced, while others have a chance to deal with problem situations, unfinished...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
- Harm Reduction Journal
دوره 3 شماره
صفحات -
تاریخ انتشار 2006