Drug-Induced Homicide Defense Toolkit, by Health in Justice Action Lab

Page 74

Drug Induced Homicide Defense Toolkit

The lack of evidence-based treatment behind bars is actually a matter of life or death. The first moment this risk of death arises is when people are arrested while still under the influence. Failing to treat their withdrawal symptoms can result in death. When this happens, it exposes jurisdictions to significant civil liability. Several jurisdictions have paid significant settlements and judgments in these cases.227 E. Cell phone searches and Carpenter Cell phones automatically collect, store, and transmit an enormous amount of data about their users. Consequently, information obtained from cell phones, their manufacturers, service providers, and app developers has come to play a crucial role in criminal investigations. In this section, we highlight some of the important legal and

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See, e.g., Associated Press, Snohomish County To Pay $1m Settlement Over Woman’s Heroin Withdrawal Death In Jail, Seattle Times (Oct. 28, 2019), https://www.seattletimes.com/seattle-news/crime/snohomish-county-to-pay-1m-lawsuit-over-inmates-heroi n-withdrawal-death/; Jo Ciavaglia, Family Files Lawsuit in 2018 Death of Bucks County Inmate, Bucks County Courier Times (May 21, 2019), https://www.buckscountycouriertimes.com/news/20190521/family-files-lawsuit-in-2018-death-of-bucks-co unty-inmate (noting $300,000 in settlements from withdrawal deaths at a Pennsylvania jail); Maxine Bernstein, Record $10 Million Judgment Awarded In Washington County Jail Heroin Withdrawal Death, The Oregonian (Dec. 7, 2018), https://www.oregonlive.com/crime/2018/12/record-10-million-judgement-awarded-against-corizon-health-i n-death-of-washington-county-jail-inmate.html; Maryclaire Dale, Pennsylvania County Pays Teen’s Family Nearly $5M Over Heroin Withdrawal Death in Jail, NBC Philadelphia (Oct. 24, 2018), https://www.nbcphiladelphia.com/local/settlement-jail-heroin-withdrawal-death/58460/.

Disclaimer: All content is provided for informational purposes only and does not constitute legal advice

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D. Secondary sources

26min
pages 120-144

c. Illinois

1min
page 119

b. Wisconsin

1min
page 118

a. Pennsylvania

3min
pages 116-117

VIII. FINALTHOUGHTS: HUMANIZING THE DEFENDANTAND USING PERSON-AFFIRMING LANGUAGE

4min
pages 110-113

F. The questionable strict liability approach

4min
pages 104-106

G. Better approaches to the overdose crisis

3min
pages 107-109

E. DIH prosecutions do not reduce drug use or drug crime

7min
pages 99-103

treatment

1min
page 98

C. Jail and prison actually increases the risk of overdose and death D. DIH prosecutions hinder law enforcement efforts to connect users with

6min
pages 94-97

B. DIH enforcement actually reduces help-seeking, thereby increasing the risk that people will die from overdose

10min
pages 87-93

A. DIH statutes purport to target major traffickers, but prosecutions target co-users and small-scale sellers

5min
pages 83-86

3. Apps

2min
pages 80-81

1. Contents and metadata

2min
pages 75-76

E. Cell phone searches and Carpenter

1min
page 74

2. Location tracking

4min
pages 77-79

B. Denial of MOUD to inmates may violate the ADA or Rehabilitation Act

2min
pages 71-72

V. SENTENCING AND MITIGATION

2min
pages 67-68

acquisition requirement

1min
page 60

D. Arguing for a broad application of the joint-user rule based on distinguishing users from sellers

3min
pages 65-66

B. Application to drug-induced homicide prosecutions

4min
pages 53-55

b. Query determination of manner of death as accident or homicide for evidence of bias

8min
pages 45-50

a. The constructive possession doctrine

3min
pages 61-63

1. Decisions requiring physical presence

1min
page 57

C. Analyzing the simultaneous acquisition requirement

1min
page 56

2. Decisions not requiring physical presence

3min
pages 58-59

ii. Toxicology as a tool

3min
pages 42-44

2. Proximate causation and foreseeability

3min
pages 26-27

3. Intervening cause limitation

2min
pages 28-29

3. Consider the state official’s expertise

6min
pages 34-37

pathologist/medical examiner

1min
page 31

B. Challenging the scientific evidence

1min
page 30

“but-for” testimony

2min
pages 32-33

1. But-for causation

10min
pages 18-25

i. Autopsy as a tool

2min
pages 40-41
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