The Crime Of Ebola Transmission

Allahpundit considers Liberia’s plans to prosecute Thomas Eric Duncan:

Should Duncan be prosecuted? Ace worries that if you throw jail time into the mix, Liberians who fear they might have Ebola will panic and become more determined to conceal their symptoms, putting the people around them at risk. I can understand that as a matter of Liberian domestic policy; you want people to feel as comfortable as possible in reporting their symptoms so that you can treat them (and isolate them) ASAP. But you also don’t want them getting on planes, and the prospect of jail time if they decide to fly when they fear they might be infected would deter that. No? What am I missing here?

Oh, by the way, Duncan did tell the staff at the hospital in Dallas that he’d just come from Liberia when he first showed up sick to the ER last week. They sent him home with antibiotics.

Scott Neuman points out that Duncan may have actually been less than forthcoming:

Officials at Texas Health Presbyterian Hospital now say Duncan wasn’t honest with them either. When asked if he had been around anyone who had been ill, Duncan told them he had not.

Adam Chandler puts the prosecution in context:

As West African countries battle the largest Ebola outbreak on record, the notion of pursing criminal charges against a man who claims he wasn’t exposed to the virus may come off as wasteful, if not extreme. Given that thousands of people continue to move between the borders of West African countries, Liberia’s intention to prosecute Duncan for traveling to the United States with Ebola—unwittingly or not—also rings a little hypocritical.

But as Jens David Ohlin of Cornell University Law School contends, the prosecution of Duncan may have less to do with what he did (or did not) do and more with the precedent his case could set.

“Liberia is probably anxious about maintaining travel connections to the United States and other countries,” Ohlin told me. “And countries have probably felt comfortable keeping air connections with Liberia so long as protocols for screening passengers are in place.” He added that were Liberia to ignore this potential breach of its screening process, it would ultimately convey that “these protocols are worthless.”