CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, March 27, 2023

Morrissey et al. on Prosecutions for Drug-Induced Homicide

Brandon MorrisseyTaleed El-Sabawi, and Jennifer J. Carroll (North Carolina State University, Florida International University (FIU) - College of Law and North Carolina State University) have posted Prosecuting Overdose: An Exploratory Study of Prosecutorial Motivations for Drug-Induced Homicide Prosecutions in North Carolina on SSRN. Here is the abstract:
Prosecutorial use of drug-induced homicide (DIH) laws (laws charging persons with criminal killings for supplying drugs that cause an overdose death) varies. We conducted a descriptive, exploratory analysis of the variation of DIH enforcement by prosecutorial district to assess whether district-level variables are associated with DIH prosecutions. We also surveyed 24 N.C. prosecutors to explore motivations in pursuing DIH cases. We did not find any associations between overdose deaths and DIH charges. Survey data suggested that perceived justice for the deceased, individual case characteristics (i.e. fentanyl-involvement and intent of the drug supplier), and the perceived need to respond to overdose deaths may influence prosecutorial use of DIH charges.

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