Toward Rational Criminal HIV Exposure Laws

This article examines criminal HIV exposure statues that address undisclosed exposure through consensual sexual activity. Twenty-seven U.S. states have adopted some form of HIV exposure statute. Thirteen of these statutes specifically address exposure through sexual activity, while another eleven statutes could be applied to exposure through sexual activity, while another eleven statutes could be applied to exposure through consensual sexual interactions. Although the penalties for breach of these laws are often severe, the risk of actual harm posed by the many of the behaviors prescribed is minimal and in some cases virtually nonexistent. After an overview of the various types of U.S. criminal HIV exposure statutes and discussion of the risk of HIV transmission through the various sexual activities addressed in the laws, the authors highlight the tenuous relationship between proscribed activities and actual risk of virus transmission. The authors address this limitation in the law by offering a framework for the evaluation and construction of HIV exposure statutes that considers not only the intent of the HIV-positive actor but also the risk that his or her conduct poses to others.     

Expert Testimony on Psychological Injury: Procedural and Evidentiary Issues

This article introduces psychologists to aspects of the legal process most pertinent to their role as expert witnesses in civil litigation. It summarizes the role of psychological evidence in the adjudication of common law tort claims, the structure of the court system, and the stages of the litigation process. It also explains the various roles a psychological expert may play during litigation and the implications of those roles for expert confidentiality and disclosure. The article then provides an overview of legal policy governing the admissibility of psychological expertise, especially as admissibility is affected by the “Daubert” standard applied in most North American courts.     

Assessing law enforcement preparedness to address Internet fraud

Recent societal concern regarding computer crime was well documented in the research literature. To date, however, modest research addressed how large, local police and sheriff's departments confront Internet fraud. Using data collected from surveys distributed to the seven hundred largest police- and sheriff's departments, the present article addresses law enforcement: (1) preparedness to enforce Internet fraud crimes; (2) perceptions of Internet fraud; (3) cooperative policing efforts; and (4) Internet fraud information dissemination practices. Among other things, results suggested that individuals within these departments believed Internet fraud was problematic, although they lacked the resources to properly address the problem. These results are discussed as they relate to the organizational design of law enforcement agencies and their potential to adapt to innovative crimes. Suggestions are offered for a more effective approach to confronting Internet fraud.     

The Women's Charter: American Communists and the Equal Rights Amendment debate

The American Communist Party (CPUSA) opposed the Equal Rights Amendment (ERA), arguing that it failed to ameliorate class and racial inequality. In 1936 the CPUSA participated in the Women's Charter campaign, an alternative to the ERA crafted to protect labor legislation. This article argues that the Charter campaign and the CPUSA's opposition to the ERA demonstrate class-based visions of equality that amalgamated race and gender into the class struggle and highlights disagreements among women's rights activists about how to define women's equality. These disagreements prevented a unified single-issue women's movement after 1920.