HIV testing - A standard part of your yearly physical

[GeekyPenguin]

Originally Posted by honeychile

Hippa doesn't cover insurance companies - they know more about your health than you probably do.

But for the most part, I'm all for it, along with testing for Hep C. Most people don't realize that even blood from a Hep C infected person that has been dry for a week is active and can still infect someone else.

According to the Department of Health and Human Services, HIPAA does cover insurance companies.

[valkyrie]

How is it "manslaughter" if the person is still alive? Wouldn't that be pre-slaughter, which is almost as awesome as pre-pregnant?

[AlphaFrog]

Originally Posted by valkyrie

How is it "manslaughter" if the person is still alive? Wouldn't that be pre-slaughter, which is almost as awesome as pre-pregnant?

Voluntary manslaughter
Voluntary manslaughter arises in cases where the defendant may have an intent to cause death or serious injury, but the potential liability for murder is mitigated by the circumstances and state of mind. The most common example is the so-called heat of passion killing, such as where the defendant is provoked into a loss of control by unexpectedly finding a spouse in the arms of a lover or witnessing an attack against his or her child.

In looking up a few articles, others have also been charged with "assault with a deadly weapon".

[OtterXO]

Originally Posted by AlphaFrog

In looking up a few articles, others have also been charged with "assault with a deadly weapon".

I think the point she was making is that you can't charge someone for manslaughter (voluntary or involuntary) without a body (to be blunt). An assault charge doesn't require a body.

[valkyrie]

Voluntary manslaughter
Voluntary manslaughter arises in cases where the defendant may have an intent to cause death or serious injury, but the potential liability for murder is mitigated by the circumstances and state of mind. The most common example is the so-called heat of passion killing, such as where the defendant is provoked into a loss of control by unexpectedly finding a spouse in the arms of a lover or witnessing an attack against his or her child.

Right, but you have to actually CAUSE death -- there has to be a killing (at least in every "manslaughter" definition I've ever heard).

Colorado:

18-3-104. Manslaughter.

(1) A person commits the crime of manslaughter if:

(a) Such person recklessly causes the death of another person; or

(b) Such person intentionally causes or aids another person to commit suicide.

[Eggroll]

Manslaughter or not if someone gave me HIV there would probably be a body by the end of the day.

[AlphaFrog]

Originally Posted by valkyrie

(a) Such person recklessly causes the death of another person; or

It could get sticky, but a prosecutor could probably argue that even though the person has not died yet, the person who gave them HIV is/will be the cause of their death. To which the defense attorney would probably say "What if the victim gets hit by a bus tomorrow...the defendant is no longer the 'cause of death'". Then it's up to the judge/jury to decide. I don't know exactly how it works. I'm just speculating, but like I said, apparently it has happened that someone was convicted of manslaughter for infecting someone with HIV. Also possible that maybe the victim died of AIDS-related complications before the prosecution of the offender, making it manslaughter.

[GeekyPenguin]

Originally Posted by AlphaFrog

It could get sticky, but a prosecutor could probably argue that even though the person has not died yet, the person who gave them HIV is/will be the cause of their death. To which the defense attorney would probably say "What if the victim gets hit by a bus tomorrow...the defendant is no longer the 'cause of death'". Then it's up to the judge/jury to decide. I don't know exactly how it works. I'm just speculating, but like I said, apparently it has happened that someone was convicted of manslaughter for infecting someone with HIV. Also possible that maybe the victim died of AIDS-related complications before the prosecution of the offender, making it manslaughter.

Or probably not, because there could be a cure of AIDS well before the person died and then somebody would have spent 30 years in jail for absolutely no reason. Go criminal justice system!

[OtterXO]

Originally Posted by AlphaFrog

It could get sticky, but a prosecutor could probably argue that even though the person has not died yet, the person who gave them HIV is/will be the cause of their death. To which the defense attorney would probably say "What if the victim gets hit by a bus tomorrow...the defendant is no longer the 'cause of death'". Then it's up to the judge/jury to decide. I don't know exactly how it works. I'm just speculating, but like I said, apparently it has happened that someone was convicted of manslaughter for infecting someone with HIV. Also possible that maybe the victim died of AIDS-related complications before the prosecution of the offender, making it manslaughter.

I don't know that it's logical to argue that the cause of death of a person who hasn't died will be HIV. With all the new drugs out there it seems that HIV has turned into more of a chronic illness than a death sentence. (just my opinion, btw) However, if the person has died then that's a completely different situation.

[SigmaChiCard]

The AIDS test is very scary to get no matter what you've been doing, waiting for the results is frightening. So I dont get the regular AIDS test anymore, I get the round about AIDS test.I call my friend, I say do you know anyone who has AIDS?

'no'

no? cool....cause you know me

- Mitch Hedberg

[Langox510x]

Originally Posted by OtterXO

I don't know that it's logical to argue that the cause of death of a person who hasn't died will be HIV. With all the new drugs out there it seems that HIV has turned into more of a chronic illness than a death sentence. (just my opinion, btw) However, if the person has died then that's a completely different situation.

But I think if you were aware of the fact that you had aids and decided to infect someone by not telling them It could also be argued that you may have not killed that one person, but you did however kill everybody else who this person unknowingly infected.

Oh, and unless you are pulling in 3 figures a year AID's is pretty much a death sentence. Not lets not forget that a higher amount of AID's patients do tend to come from lower income backgrounds, and the fact that the avrage working American makes less then $30,000 a year.

[Langox510x]

Originally Posted by valkyrie

Right, but you have to actually CAUSE death -- there has to be a killing (at least in every "manslaughter" definition I've ever heard).

Colorado:

18-3-104. Manslaughter.

(1) A person commits the crime of manslaughter if:

(a) Such person recklessly causes the death of another person; or

(b) Such person intentionally causes or aids another person to commit suicide.

I haven't read everything as I have a Natural Resources test in a couple of hours, but has anybody been siting sources?? I've always been tought that there is no such thing as Voluntary manslaughter. Also I know for a fact that people have recieved life for purposely infecting others with AID's though I can't remember what the charge was. I'm guessing you could be charged with a number of things.

OT: KSig, Redsocks are wack!!

[OtterXO]

Originally Posted by Langox510x

I haven't read everything as I have a Natural Resources test in a couple of hours, but has anybody been siting sources?? I've always been tought that there is no such thing as Voluntary manslaughter. Also I know for a fact that people have recieved life for purposely infecting others with AID's though I can't remember what the charge was. I'm guessing you could be charged with a number of things.

OT: KSig, Redsocks are wack!!

http://criminal.findlaw.com/crimes/a...voluntary.html

It depends on the jurisdiction but in CA there is voluntary manslaughter.

[33girl]

Originally Posted by GeekyPenguin

According to the Department of Health and Human Services, HIPAA does cover insurance companies.

It certainly does and it's a giant pain in the ass.

HIPAA is a stellar example of shutting the barn door after the horse is long gone. I think the providers dreamed it up just so they could get out of doing stuff. Anyone who thinks it's actually protecting their privacy any more than it was protected before is living in Happy Fairy Land.

[KSigkid]

Originally Posted by GeekyPenguin

According to the Department of Health and Human Services, HIPAA does cover insurance companies.

Definitely, especially since the first two letters of HIPAA stand for Health Insurance. I thought that would be a dead giveaway.