Drug-Induced Homicide Defense Toolkit (2021 edition)

Northeastern University - School of Law; Northeastern University - Bouvé College of Health Sciences; Division of Infectious Disease and Global Public Health, UCSD School of Medicine

Date Written: July 30, 2021

Abstract

In response to the growing overdose crisis, many prosecutors are treating overdose deaths as homicides. Since 2010, prosecutions for drug-induced homicide (also known as drug delivery resulting in death) have increased at least threefold. Criminal defense attorneys and defendants' families have asked for assistance in understanding these cases and how to defend them. This Toolkit is an effort to provide that help.

This 2021 edition of the Toolkit now includes recent favorable caselaw and links to the amicus curiae briefs filed by the Action Lab and its partners that were successful in those cases; an expanded section on racial disparities and person-first representation; more material and case law in several of the states that are most aggressive in pursuing DIH enforcement; a brief section on ineffective; and information regarding forthcoming DIH research conducted by the Action Lab.

Keywords: drug-induced homicide, drug-induced death, drug delivery resulting in death, strict liability, DIH, DDRD

JEL Classification: K14, I14, I3

Suggested Citation: Suggested Citation

Goulka, Jeremiah and Beety, Valena Elizabeth and Kreit, Alex and Boustead, Anne and Newman, Justine and Beletsky, Leo, Drug-Induced Homicide Defense Toolkit (2021 edition) (July 30, 2021). Ohio State Public Law Working Paper No. 467, Available at SSRN: https://ssrn.com/abstract=3265510 or http://dx.doi.org/10.2139/ssrn.3265510