{"id":5830,"date":"2021-08-15T20:20:37","date_gmt":"2021-08-15T20:20:37","guid":{"rendered":"http:\/\/lonecandle.com\/?p=5830"},"modified":"2021-08-15T20:20:37","modified_gmt":"2021-08-15T20:20:37","slug":"charging-bit-players-with-drug-induced-homicide-is-unjust-and-potentially-deadly","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=5830","title":{"rendered":"Charging Bit Players With Drug-Induced Homicide Is Unjust and Potentially Deadly"},"content":{"rendered":"\n<p>\n\n&#8220;Prosecutions for &#8220;drug-induced homicide,&#8221; which have&nbsp;<a href=\"https:\/\/reason.com\/2017\/11\/07\/treating-drug-overdoses-like-murder-is-d\/\" target=\"_blank\" rel=\"noreferrer noopener\">risen dramatically<\/a>&nbsp;in recent years, are ostensibly aimed at reducing opioid-related deaths. But as a new&nbsp;<a href=\"https:\/\/triblive.com\/local\/regional\/experts-pa-law-intended-to-punish-drug-dealers-in-overdose-cases-could-be-backfiring\/\" target=\"_blank\" rel=\"noreferrer noopener\">investigation<\/a>&nbsp;by the&nbsp;<em>Pittsburgh Tribune-Review&nbsp;<\/em>shows, there are good reasons to think they have&nbsp;<a href=\"https:\/\/reason.com\/2017\/11\/07\/treating-drug-overdoses-like-murder-is-d\/\" target=\"_blank\" rel=\"noreferrer noopener\">the opposite effect<\/a>. Consider the paper&#8217;s description of a typical case:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>&#8220;In one 2019 case, a Westmoreland County man died from an overdose of drugs he&#8217;d gotten from a friend of a friend of a friend. Though the drugs ultimately came from a man called &#8220;Bee&#8221; in Penn Hills, the three individuals between the victim and Bee were all charged with drug delivery resulting in death [DDRD].<\/p><p>One pleaded guilty to drug delivery resulting in death and received a 5- to 10-year prison sentence. Another pleaded guilty to the same charge and was sentenced to a minimum of one year minus one day in jail and a maximum of two years minus one day. The third person is awaiting trial.&#8221;<\/p><\/blockquote>\n\n\n\n<p>It is hard to believe that such prosecutions of bit players&nbsp;have any impact on the supply of heroin and illicit fentanyl. Furthermore, charging people with homicide when their role in someone&#8217;s death was unintentional and incidental or highly attenuated is&nbsp;<a href=\"https:\/\/reason.com\/2018\/05\/30\/an-overdose-is-not-a-murder\/\" target=\"_blank\" rel=\"noreferrer noopener\">blatantly unjust<\/a>. Under Pennsylvania law, Stormie Mauck&nbsp;<a href=\"http:\/\/www.pennstatelawreview.org\/wp-content\/uploads\/2019\/09\/813-837-Mauck-Formatted.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">notes<\/a>&nbsp;in a 2019&nbsp;<em>Penn State Law Review<\/em>&nbsp;article, &#8220;drug addicts may face imprisonment of up to 40 years for simply sharing drugs with a friend who overdoses.&#8221;<\/p>\n\n\n\n<p>Worse, this strategy makes fatal overdoses more likely by deterring bystanders from seeking medical assistance when it could make a crucial difference.&#8221;<\/p>\n\n\n\n<figure class=\"wp-block-embed-wordpress wp-block-embed is-type-wp-embed is-provider-reason-com\"><div class=\"wp-block-embed__wrapper\">\n<blockquote class=\"wp-embedded-content\" data-secret=\"IG4oH9zCRO\"><a href=\"https:\/\/reason.com\/2021\/06\/28\/charging-bit-players-with-drug-induced-homicide-is-unjust-and-potentially-deadly\/\">Charging Bit Players With Drug-Induced Homicide Is Unjust and Potentially Deadly<\/a><\/blockquote><iframe loading=\"lazy\" class=\"wp-embedded-content\" sandbox=\"allow-scripts\" security=\"restricted\" style=\"position: absolute; clip: rect(1px, 1px, 1px, 1px);\" title=\"&#8220;Charging Bit Players With Drug-Induced Homicide Is Unjust and Potentially Deadly&#8221; &#8212; Reason.com\" src=\"https:\/\/reason.com\/2021\/06\/28\/charging-bit-players-with-drug-induced-homicide-is-unjust-and-potentially-deadly\/embed\/#?secret=7TddfwUTdx#?secret=IG4oH9zCRO\" data-secret=\"IG4oH9zCRO\" width=\"600\" height=\"338\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\"><\/iframe>\n<\/div><\/figure>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;Prosecutions for &#8220;drug-induced homicide,&#8221; which have risen dramatically in recent years, are ostensibly aimed at reducing opioid-related deaths. But as a new investigation by the Pittsburgh Tribune-Review shows, there are good reasons to think they have the opposite effect. Consider the paper&#8217;s description of a typical case:<br \/>\n&#8220;In one 2019 case, a Westmoreland County man died from an overdose of drugs he&#8217;d gotten from a friend of a friend of a friend. Though the drugs ultimately came from a man called &#8220;Bee&#8221; in Penn Hills, the three individuals between the victim and Bee were all charged with drug delivery resulting in death [DDRD].<\/p>\n<p>One pleaded guilty to drug delivery resulting in death and received a 5- to 10-year prison sentence. Another pleaded guilty to the same charge and was sentenced to a minimum of one year minus one day in jail and a maximum of two years minus one day. The third person is awaiting trial.&#8221;<\/p>\n<p>It is hard to believe that such prosecutions of bit players have any impact on the supply of heroin and illicit fentanyl. Furthermore, charging people with homicide when their role in someone&#8217;s death was unintentional and incidental or highly attenuated is blatantly unjust. Under Pennsylvania law, Stormie Mauck notes in a 2019 Penn State Law Review article, &#8220;drug addicts may face imprisonment of up to 40 years for simply sharing drugs with a friend who overdoses.&#8221;<\/p>\n<p>Worse, this strategy makes fatal overdoses more likely by deterring bystanders from seeking medical assistance when it could make a crucial difference.&#8221;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[439,989],"class_list":["post-5830","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-drugs","tag-war-on-drugs"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/5830","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5830"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/5830\/revisions"}],"predecessor-version":[{"id":5831,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/5830\/revisions\/5831"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5830"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}