From Fair and Just Prosecutions:
Fatal drug overdoses in the United States increased by 539% between 1999 and 2021, and our country has largely responded to this crisis with failed tough-on-crime drug policies, including the increased use of drug-induced homicide (DIH) prosecutions.
DIH cases charge individuals with homicide when they supply drugs that result in a fatal overdose, regardless of any specific intent to cause death. FJP’s new issue brief explains why DIH prosecutions are ineffective and can actually exacerbate our nation’s overdose epidemic and discourage seeking help at a critical moment. It also recounts how prosecutors can adopt harm reduction approaches to substance use that save lives and promote public safety.
The recommendations for prosecutors set forth in the brief include:
Do not prosecute unintentional drug overdoses as homicides – either directly or via felony murder statutes – or use the threat of such a prosecution to obtain a guilty plea.
Advocate for broad Good Samaritan laws and adopt a strong Good Samaritan policy to avoid potential criminal liability for individuals who call for medical assistance in response to an overdose.
Decline prosecution in cases involving possession or distribution of life-saving medications such as naloxone, methadone, or buprenorphine.
Adopt a harm reduction and public health approach to substance use and overdose.
Advocate for improved access to naloxone and medication-assisted treatment in community, court, and correctional settings.
Read the brief here.
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