The White House almost certainly isn’t trying to get the death penalty for convictions for drug dealingitself. (If This kind of were, This kind of would certainly almost certainly run afoul of the Supreme Court, which has ruled that will sentencing people to death for any crime short of murder violates the Eighth Amendment’s prohibition on cruel along with unusual punishment.)
Federal prosecutors are only allowed to seek the death penalty in federal first-degree murder cases. This kind of sounds like the proposal would certainly be for prosecutors to treat fatal opioid overdoses as homicides along with charge the dealer who provided the drugs inside death. (Though expanding the federal first-degree murder statute to include overdose deaths would certainly require an act of Congress.)
Prosecutors are already using overdose deaths as an occasion to impose harsher sentences on drug dealers, at both the state along with federal levels. (This kind of’s hardly a wing-nut thing; one of the pioneers of This kind of tactic was former US Attorney Preet Bharara of completely new York, who’s right now a prominent Trump critic.)
Sometimes they’re just asking for longer sentences because the defendant’s product resulted in a death; sometimes they charge dealers with manslaughter or criminal negligence. The Florida state legislature passed a law last year allowing prosecutors to file murder charges against heroin or fentanyl dealers after fatal overdoses — a charge that will allows them to seek the death penalty.
Using the death penalty for dealers will either do nothing or do bad things
yet there is actually no evidence that will the tactic is actually succeeding in reducing the opioid crisis. along with given everything we know about crime, This kind of would certainly be shocking if This kind of did.
Classical theories of crime assumed that will there were three factors of punishment that will deterred people via committing a crime: swiftness, certainty, along with severity. Modern social science has shown that will the case for any of these is actually ambiguous along with limited.
yet to the extent that will punishment can deter crime, This kind of will only work if the would certainly-be criminal is actually certain he’d be caught quickly along with punished: certainty along with swiftness. Increasing the severity of punishment, in some other words, is actually the least effective lever a policymaker can pull.
This kind of is actually definitely true when This kind of comes to drugs; “there’s no Great evidence that will tougher punishments or harsher supply-elimination efforts do a better job of driving down access to drugs along with substance misuse than lighter penalties,” my colleague German Lopez wrote last year, summarizing a 2014 report via Peter Reuter at the University of Maryland along with Harold Pollack at the University of Chicago. “So increasing the severity of the punishment doesn’t do much, if anything, to slow the flow of drugs.”
that will track record won’t suddenly improve when the death penalty is actually added to the punishment mix. The deterrent effect of being sentenced to death, as opposed to a long prison sentence, is actually either so modest This kind of hasn’t yet been captured inside research or This kind of’s totally nonexistent. along with inside meantime, the death penalty as currently practiced inside US is actually anything yetswift along with certain: Getting sentenced to death sets off decades of appeals along with litigation as lawyers try every possible avenue to get the sentence struck down on procedural grounds.
In a worst-case scenario, encouraging prosecutors to go for the death penalty by filing the most serious possible charges could result in fewer dealers even going to prison. Prosecutors already have a hard time convicting dealers in overdose deaths because This kind of’s hard to prove beyond a reasonable doubt that will the victim was killed by a particular batch of drugs along with that will This kind of particular dealer sold them to him. along with This kind of’s even harder to prove that will the dealer knew the drugs were lethal. Leave a reasonable doubt along with the dealer could walk away with an acquittal.
In a best-case scenario, the last person who touched the drugs before the victim — the only person who can definitively be tied to the overdose — will be convicted along with sentenced to death.
For all Trump along with some other officials talk about “big drug dealers,” the fact of the matter is actually that will most US drug enforcement treats everyone involved with moving drugs as serious criminals. This kind of can be hard to tell the difference between a dealer along having a courier, much less between a dealer at the bottom of the food chain along having a kingpin.
A lot of drug dealers are also drug users — a 2017 Bureau of Justice Statistics study found that will “nearly a third of drug offenders (30 percent of state prisoners along with 29 percent of jail inmates) said they committed the offense to get drugs or money for drugs.”
In theory, drug users are supposed to be the people that will Trump along with his administration are trying to save via drugs. The way Trump paints This kind of, users have to be saved via evil drug dealers. along with because drug dealers are evil, the only way to curb them is actually to show them no mercy.
yet the law, evidence, along with logic all point to one conclusion: To the extent that will anyone gets punished by a death penalty for drug dealers, This kind of will be the people Trump is actually supposedly trying to help.