Infection Control for Third-Party Benefit: Lessons from Criminal Justice

This article considers what can be learned regarding the ethical acceptability of intrusive interventions intended to halt the spread of infectious disease (‘Infection Control’ measures) from existing ethical discussion of intrusive interventions used to prevent criminal conduct (‘Crime Control’ measures). Despite the ethical parallels between these two types of measures and the fact that Crime Control measures have been subjected to greater ethical scrutiny, there has, to my knowledge, been no attempt to draw out the implications of the ethical analysis of Crime Control for the ethical acceptability of Infection Control. The main body of the article identifies and briefly describes six objections that have been advanced against Crime Control, and considers how these might apply to Infection Control. The final section then draws out some more general lessons from the foregoing analysis for the ethical acceptability of different kinds of Infection Control.