The title of this post is the title of this notable new document now available via SSRN and authored by Valena Beety, Alex Kreit, Jeremiah Goulka and Leo Beletsky. Here is its abstract:
In response to the growing opioid crisis, many prosecutors are treating overdose deaths as homicides. Since 2010, drug-induced homicide prosecutions have increased at least threefold. Criminal defense attorneys and defendants' families have asked for help in understanding these cases and how to defend them. This Toolkit is an effort to provide that help.
And here is an introductory paragraph from the first part of the document:
This Toolkit is intended to serve as an informational guide for defense counsel and other interested parties working to mount a defense for individuals charged with drug-induced homicide or similar crimes resulting from overdoses. The creation of this toolkit was spurred by two related trends: (1) information from parents, news reports, and other sources about pervasively inadequate defense being provided to many individuals charged with these crimes, and (2) widespread efforts by prosecutors to disseminate information and tools that aid other prosecutors and law enforcement in investigating and bringing drug-induced homicide and related charges, including presentations at conferences, continuing legal education modules, webinars, and the like.
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