Cargando…

The case of Scott Ortiz: a clash between criminal justice and public health

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 he...

Descripción completa

Detalles Bibliográficos
Autores principales: Venters, Homer D, Razvi, Asiya M, Tobia, Maria S, Drucker, Ernest
Formato: Texto
Lenguaje:English
Publicado: BioMed Central 2006
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1544323/
https://www.ncbi.nlm.nih.gov/pubmed/16867186
http://dx.doi.org/10.1186/1477-7517-3-21
_version_ 1782129195356258304
author Venters, Homer D
Razvi, Asiya M
Tobia, Maria S
Drucker, Ernest
author_facet Venters, Homer D
Razvi, Asiya M
Tobia, Maria S
Drucker, Ernest
author_sort Venters, Homer D
collection PubMed
description 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.
format Text
id pubmed-1544323
institution National Center for Biotechnology Information
language English
publishDate 2006
publisher BioMed Central
record_format MEDLINE/PubMed
spelling pubmed-15443232006-08-16 The case of Scott Ortiz: a clash between criminal justice and public health Venters, Homer D Razvi, Asiya M Tobia, Maria S Drucker, Ernest Harm Reduct J Case Report 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. BioMed Central 2006-07-24 /pmc/articles/PMC1544323/ /pubmed/16867186 http://dx.doi.org/10.1186/1477-7517-3-21 Text en Copyright © 2006 Venters et al; licensee BioMed Central Ltd. http://creativecommons.org/licenses/by/2.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution License ( (http://creativecommons.org/licenses/by/2.0) ), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
spellingShingle Case Report
Venters, Homer D
Razvi, Asiya M
Tobia, Maria S
Drucker, Ernest
The case of Scott Ortiz: a clash between criminal justice and public health
title The case of Scott Ortiz: a clash between criminal justice and public health
title_full The case of Scott Ortiz: a clash between criminal justice and public health
title_fullStr The case of Scott Ortiz: a clash between criminal justice and public health
title_full_unstemmed The case of Scott Ortiz: a clash between criminal justice and public health
title_short The case of Scott Ortiz: a clash between criminal justice and public health
title_sort case of scott ortiz: a clash between criminal justice and public health
topic Case Report
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1544323/
https://www.ncbi.nlm.nih.gov/pubmed/16867186
http://dx.doi.org/10.1186/1477-7517-3-21
work_keys_str_mv AT ventershomerd thecaseofscottortizaclashbetweencriminaljusticeandpublichealth
AT razviasiyam thecaseofscottortizaclashbetweencriminaljusticeandpublichealth
AT tobiamarias thecaseofscottortizaclashbetweencriminaljusticeandpublichealth
AT druckerernest thecaseofscottortizaclashbetweencriminaljusticeandpublichealth
AT ventershomerd caseofscottortizaclashbetweencriminaljusticeandpublichealth
AT razviasiyam caseofscottortizaclashbetweencriminaljusticeandpublichealth
AT tobiamarias caseofscottortizaclashbetweencriminaljusticeandpublichealth
AT druckerernest caseofscottortizaclashbetweencriminaljusticeandpublichealth