Eight years ago, Scott Hancock, then 28, helped a 19-year-old acquaintance, identified in court records as T.G., buy fentanyl. At her request, Hancock, who had been addicted to opioids for years, got in touch with his drug dealer, who gave him five capsules that he handed over to T.G. in exchange for $20. Then Hancock gave the money to his dealer. Because T.G. subsequently died from a fentanyl overdose, Hancock is serving a 20-year sentence at a federal prison in Illinois.

That was the mandatory minimum sentence under 21 USC 241, which prescribes penalties for drug distribution resulting in death. Although that law has been on the books since 1986, the dramatic increase in fentanyl-related deaths during the last decade prompted a surge in federal drug prosecutions involving overdoses, which rose by 44 percent between FY 2019 and FY 2023. Hancock's case was part of that trend, and it prompted his mother, G.D. Hancock, a retired finance professor, to delve into the subject, resulting in a database that sheds light on what happens when the government treats accidental deaths as homicides.

So far, Hancock has identified 2,930 sentences in such cases since 2010. That includes 1,399 federal cases and 1,531 state cases, which rely either on laws dealing specifically with drug-induced deaths or on more general statutes addressing felony murder, "depraved heart" homicide, or manslaughter.

Sentences of 20 years or more were pretty common at the federal level, accounting for 37 percent of the cases, compared to 13 percent at the state level. The vast majority of the cases (84 percent) were resolved by plea deals. That is not surprising, given the potential consequences of going to trial. While the median sentence for defendants who pleaded guilty was nine years, it was 20 years for defendants who insisted on making the government prove its case.

Hancock's tally is based on news reports, court records, announcements by state and federal prosecutors, her own "case files and research," and "cases sent in by families, lawyers and researchers." A separate database compiled by researchers at Northeastern University, drawn from news reports, includes 3,264 cases involving drug-induced homicide from 2011 to 2022.

These prosecutions are morally nonsensical. They treat people who voluntarily consume drugs as helpless victims of supposed predators who gave them the drugs they wanted. By similar logic, bartenders and liquor store owners should be held criminally liable whenever a customer succumbs to alcohol poisoning or the long-term effects of heavy drinking. The main difference is the legal status of the drug, which is arbitrary, politically determined, and historically contingent. And while illegal drugs pose special hazards, that is a result of prohibition, which creates a black market where product composition is highly variable and unpredictable.

Charging people with homicide based on accidental overdoses would be illogical and unjust even if the defendants were limited to actual drug dealers. But you can be charged with drug-induced homicide even if your "trafficking" consisted of nothing more than sharing drugs with a relative, romantic partner, friend, or acquaintance. Based on the information Hancock was able to glean, she counts 241 cases where the person who died from an overdose was the defendant's friend, partner, or family member, and other sources suggest such prosecutions are common.

The Northeastern University researchers analyzed a sample of 213 online news reports from 2000 to 2017. They found that 50 percent of defendants charged with drug-induced homicide were caretakers, family members, friends, or partners of the people who died.

In 2021, when the Pittsburgh Tribune-Review examined Pennsylvania prosecutions for "drug delivery resulting in death" (DDRD), it described a case involving "a Westmoreland County man" who "died from an overdose of drugs he'd gotten from a friend of a friend of a friend." Although "the drugs ultimately came from a man called 'Bee' in Penn Hills," the paper noted, "the three individuals between the victim and Bee were all charged" with DDRD, a first-degree felony punishable by up to 40 years in prison.

The Tribune-Review described several other DDRD defendants, including "a Delmont woman" who "called paramedics when she found her boyfriend unresponsive in their bathroom"; "two friends" who bought heroin for a man who overdosed at a Taco Bell; and "a Monessen woman" who "sent her cousin to buy a brick of heroin" and "sold five stamp bags to a friend, who then sold four bags to an Elizabeth Borough man who died from a fatal overdose."

The Tribune-Review also found that "many facing these charges are relatively low-level dealers." Jonathan Fodi, a defense attorney and former prosecutor, told the paper he and his colleagues had never seen a DDRD case involving a high-level dealer. Given the need to prove a link between the defendant and the person who died, that is not surprising. But that situation compounds the injustice of treating such deaths as homicides, since low-level dealers often do not know exactly what is in the drugs they are selling.

A 2002 analysis of 32 drug-induced homicide prosecutions, published in the New Jersey Law Journal, found that "25 involved prosecution of friends of the decedent who did not sell drugs in any significant manner." According to a 2017 report by a Wisconsin TV station that looked at the 100 most recent prosecutions for drug-induced homicide in that state, "nearly 90% of those charged were friends or relatives of the person who died, or the lowest people in the drug supply chain." When the Chicago Tribune examined drug-induced homicide cases filed between 2011 and 2014, it found "the defendant was typically the last person who was with the person who overdosed."

Even people who support the war on drugs should be able to recognize the injustice of sending people to prison for 10 or 20 years based on their tangential roles in deaths they neither caused nor intended. And far from making such deaths less likely, that policy impedes potentially lifesaving medical assistance because the risk of a homicide charge is apt to discourage bystanders from calling for help. That daunting deterrent undermines the goal of "Good Samaritan" laws that are supposed to shield 911 callers from criminal charges in such situations.

The official justification for these prosecutions is completely disconnected from the reality of the cases. "Deaths from illicit drugs, especially fentanyl, are at historic highs," the Drug Enforcement Administration (DEA) said in a 2023 press release. Because the DEA is "committed to protecting Americans and saving lives by pursuing those responsible," the agency explained, it aims to "make sure as many drug traffickers involved in those deaths as possible get an appearance in front of a judge."

As an example of that strategy, the DEA cited Scott Hancock's case, describing him as a "trafficker" who was "found guilty of providing the drugs that killed a 19-year-old woman in 2018." Given the details of that transaction, it is hard to see the logic here. Sending someone like Hancock to prison for 20 years has nothing to do with "saving lives."

The post How Helping Someone Buy Drugs Can Send You to Prison for 20 Years appeared first on Reason Magazine.

Prime Minister Benjamin Netanyahu said Friday that he has ordered the Israel Defense Force to “immediately impose a lockdown on Hebron and prepare for a full lockdown of the entire” illegally occupied West Bank following a gun battle that reportedly left two Palestinians dead and at least five Israeli soldiers wounded. Following an emergency meeting […]

The post Netanyahu’s full West Bank lockdown called collective punishment appeared first on Asia Times.

President Donald Trump on Thursday called off plans to livestream the December 3 military execution of Nidal Hasan after the announcement generated widespread disgust.

Defense Secretary Pete Hegseth announced last week that the U.S. government would livestream the firing-squad execution of Hasan, a former Army major who shot and killed 13 people at the Fort Hood Army base in 2009. A court-martial jury sentenced Hasan to death in 2013.

It would have been the first public execution in the United States since a hanging in Missouri in 1937, though the last well-known public execution occurred a year earlier in Kentucky. Rainey Bethea, a black man, was hanged before a crowd of roughly 20,000 people in Owensboro. Kentucky became the last state to outlaw public executions two years later.

The plan to livestream Hasan's execution drew comparisons to the Taliban. The U.S. Conference of Catholic Bishops called it "a barbaric promotion of a culture of death." Writing at The Lamp, an orthodox Catholic journal, Matthew Walther noted that it would be the "first ever government-sanctioned snuff film in American history."

However, Trump and Hegseth didn't trip over just liberal and religious pieties, but a deep-rooted American aversion to bloody displays of state power that goes back to the colonial era.

Lynn Novick, the director of Ken Burns' upcoming PBS documentary series Crime and Punishment in America, tells Reason that public executions "haven't been a regular part of American life since the Colonial time in the early years of the Republic, and there's really good reasons for that."

One of American colonists' many complaints about oppressive British rule was England's expansive criminal code, known derisively as the "bloody code" because it contained more than 200 capital crimes.

"In Colonial America, [an execution] was an everyday occurrence," Novick says. "There were executions all the time, and one of our scholars told us that most people would have seen someone executed in their lifetime."

Excessive capital punishment also ran contrary to emerging theories by leading Enlightenment thinkers that punishment should be proportional to the crime and not driven by revenge or bloodlust.

Perhaps more importantly, public executions were disorderly affairs that, rather than reinforce the power of the state, inflamed the passions of the mob to a dangerous degree. "In many cases, crowds would become very boisterous, riotous, angry, excited," Novick says. "There were sometimes violent outbursts at these events."

As a result, many of the Founding Fathers saw frequent public executions as disruptive to the fragile social order. The early American republic's move away from sanguinary spectacle was driven by a desire to create a stable, virtuous citizenry and sever itself from the European continent's tradition of public torture and execution.

As Reason described in a recent cover story, the result of this was the invention of the American penitentiary in the early 1800s, which was sold as a humane and rehabilitative replacement for the whipping post and gallows.

States transitioned from public to private hangings behind their newly built prison walls in the late 19th and early 20th centuries, before switching to the use of the electric chair. This was not done out of entirely humanitarian concerns, especially in the South, where public executions often became quasi-religious ceremonies, with the condemned declaring their ultimate victory over death (and the state) through Jesus Christ.

"Executions had contested meanings," Michael Ayers Trotti wrote in The End of Public Execution. "They were moments of justice, of state power; but they were also moments of religion, exceptional moments that transcended normal life."

The main reason that public executions disappeared over the long term, though, is obvious to anyone who's not a sociopath: It's weird and dehumanizing to gather in a crowd to watch someone else be killed, to participate in the government's promotion of its power to take a human life.

Rachel Abbott, who witnessed Bethea's 1936 hanging when she was 5 years old, told WKU Public Radio in 2016 that she had nightmares about it years later.

"I remember it well, but I didn't want to," she said. "I tried to get away from it because it was hurting me so bad. I started having me nightmares after I was older. It's like his spirit was just hanging all around me. The first thing you'd know I'd start crying because I felt he wanted me to help him get buried, get sent back to his gravesite by his father. I still have tears running when I think of it."

The post America Abandoned Public Executions for a Good Reason appeared first on Reason Magazine.

Louisiana recently started executing death-row prisoners after more than 20 years of not doing so (save a “voluntary” execution in 2010, when a prisoner waived his right to appeal and said he wanted to die). John Corley, an award-winning writer who is incarcerated at Louisiana’s Angola prison, reflects on how MAGA politics have re-invigorated the practice of state killing in Louisiana and elsewhere, and what it means for the tenor of life in institutions like Angola:

Dalton Prejean Jr, who is serving time for manslaughter, found Hoffman’s execution particularly painful. When he was ten years old, in 1990, his father died in the penitentiary’s electric chair. “The day it all went down, it was almost like reliving the moments leading up to my father’s execution,” Prejean told me. “At ten o’clock the news reporter announced that Hoffman was dead. My heart skipped. I couldn’t believe they had actually killed somebody. Was what he did so bad that he just couldn’t be allowed to go on living? Wasn’t there anything about him that was redeemable?”

Twice a week, the inmate counsel substitute Gary Boudreaux makes rounds on the five death row tiers. He knows each of the surviving men housed there. “There was no tension on the row because the guys believed the execution wouldn’t happen,” Boudreaux said. “It had been so long, and they have good lawyers. They just didn’t think executions would come back.”

A week after the execution, Boudreaux returned to the row. The atmosphere was “totally different.” The men now knew that Governor Landry “is serious about executing people, and the state will execute people. There’s no doubt in their minds about that any more.”

In this edition: loving a killer; GRASE under fire; the marvelous mundane; Texas on two wheels; and the man who would be T. rex king.

When Steven Judy was executed for rape and murder in 1981, he was little more to the public than a monster. To Traci and Randy Carr, he was something else: a hero and a protector. After all, he was their foster brother. For The Guardian, Masha Hamilton—who covered the Judy trial as a young reporter more than 45 years ago—returns to Indiana to meet the Carrs, and to take the measure of the hole rent in their lives by Judy’s actions and disappearance.

Her mother has begun appearing again in her sleep: Mary holding her, comforting. Almost as if speaking aloud what had been buried for decades had called her mother back.

“Everyone hated Steve, and we were told we should too,” Traci says. “For a long time, I thought we did something wrong, and I was ashamed. People treated us like we had raised a murderer. It’s still how people remember us. I don’t think Mom ever got to grieve properly. I don’t think any of us did.”