Drug Induced Homicide Defense Toolkit
extremely important not to accidentally scoop users into a net intended for big fish. DIH laws were passed to target dealers, not users. In these cases, there has already been a tragic accidental death. There is no reason to risk another by prosecuting a co-user suffering OUD and directly raising the risk of another overdose death. Depending on the availability of care in your state's correctional system, it might be an issue to raise in mitigation and sentencing, and later in determination of where the sentence is served.
D. DIH prosecutions hinder law enforcement efforts to connect users with treatment Many criminal justice agencies are attempting to recast themselves as embracing a “public health approach” to the overdose crisis, sometimes striving to bring increased access to services (either through “warm handoffs” in lieu of arrest or offering MOUD to people in carceral settings). Programs such as the Police-Assisted Addiction and Recovery Initiative (PAARI) and Law Enforcement Assisted Diversion (LEAD) depend upon users feeling comfortable working with police and prosecutors for help accessing support resources. Such efforts are significantly more likely to reduce accidental
to the opioid crisis. See e.g., National Institute on Drug Abuse (NIDA), Medication in Prison Associated with Reductions in Fatal Opioid Overdoses After Release (Feb. 14, 2018), https://www.drugabuse.gov/news-events/news-releases/2018/02/medication-in-prison-associated-reductions -in-fatal-opioid-overdoses-after-release (discussing Rhode Island's successful program).
Disclaimer: All content is provided for informational purposes only and does not constitute legal advice
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