In March 2018, Attorney General Jeff Sessions issued a memo to federal prosecutors, instructing them to pursue the death penalty in drug-related cases, including those where an individual was dealing in extremely large quantities of drugs. He also recommends seeking the death penalty for drug-related crimes that are connected to a murder.
Statutes already exist under which the death penalty can be sought, although this has never actually happened before. Among these are 18 U.S.C. § 1959, which deals with racketeering, 18 U.S.C. § 924(j), the use of a firearm resulting in death during a drug trafficking crime, 21 U.S.C. § 848(e), murder in furtherance of a continuing criminal enterprise, and 18 U.S.C. § 3591(b)(1), dealing in extremely large quantities of drugs. The legislative packing, which was signed by Bill Clinton in 1994, also applies to drug dealers generating $20 million a year from their criminal enterprise. In addition, it includes 20-year mandatory minimum sentences for drug sales that result in overdose deaths. In the 24 years since its signing, it has only been used to execute drug kingpins for murders committed in the course of their business.
Use of the statute involving large quantities of drugs is likely to be challenged by the ACLU or others as unconstitutional for violation of the Eighth Amendment prohibition of cruel and unusual punishment. The ACLU responded to Sessions’ memo by saying that, “The Supreme Court has repeatedly and consistently rejected the use of the death penalty in cases where there has been no murder,” while also pointing out the racial disparities in these cases. Much like the war on drugs before it, they say this policy will fail to take into account racial disparities in the number of people convicted.
There are states that are having what is called drug-induced homicide laws, which means the person who provided the drugs that led to death can be held responsible for the homicide. Twenty states currently have these laws on the books. Critics say that these laws do not actually deter people from buying or selling drugs. They also say that people are far less likely to call for help if someone else has overdosed, because of the fear of being arrested for homicide if the person dies.
The thinking is that drug dealers are greedy and profit-driven, providing drugs with no thought to the possible consequences. Providing the drugs is a form of abuse, some say, and so should be treated the same way as a man who is abusing his wife and accidentally kills her. However, this becomes a particularly dicey question when the one who provided the drugs isn’t even a dealer, but another user who simply shared their drugs. In these cases, the “distributer” wasn’t profiting from the exchange and likely was completely unaware of the dangers.
If you or a loved one need help to quit drugs or alcohol, consider Asana Recovery. We offer medical detox, along with both residential and outpatient programs, and you’ll be supervised by a highly trained staff of medical professionals, counselors, and therapists. Call us any time at (949) 438-4504.
