The escalating opioid crisis in the United States has brought a growing number of parents to face murder charges as collateral victims, particularly their children. In response to the surge in child fatalities linked to fentanyl, some prosecutors in 20 states have turned to “drug-induced homicide” laws, which allow them to pursue murder or manslaughter charges against individuals who supply or expose others to drugs resulting in fatal overdoses. These laws were initially designed to target drug dealers.
In California, where legislation for such laws has not been enacted, prosecutors in several counties have adopted a unique approach by using drunk driving laws to charge parents whose children die from fentanyl overdose. This strategy will soon be tested in court as these cases head to trial.
Proponents of stricter enforcement argue that individuals who use synthetic opioids like fentanyl are aware of the drug’s lethal potential, similar to the way drunk drivers understand the risks of their actions. As such, they believe that those who expose their children to these substances should be held accountable.
Critics, on the other hand, contend that parents did not intend to harm their children but made poor decisions due to their addictions. Instead of receiving help, they face additional punishment.
The debate unfolds as the nation grapples with how to effectively combat the use of fentanyl, a highly accessible and extremely lethal drug. Authorities suspect that some children may have died after coming into contact with fentanyl-contaminated surfaces, inadvertently touching their eyes or mouths. Even a minute amount, as little as 2 milligrams, can be deadly if it enters the body.
The National District Attorneys Association acknowledges the challenge that prosecutors face when deciding whether to charge parents but emphasizes that the goal is to deter others from taking similar risks.
These cases represent a new frontier in legal action because fentanyl poses an immediate, life-threatening danger even in minute quantities. In the absence of specific “drug-induced homicide” laws, parents can be charged with manslaughter or related offenses in states like Maryland.
Prosecutors have invoked drunk driving laws, such as the “Watson advisement,” which requires those convicted of DUI charges to acknowledge the potential for injury or death resulting from impaired driving. This formal statement can be used against them if they cause a fatal DUI-related accident.
Fentanyl-related child fatalities have surged during the pandemic, leading to an increased number of cases involving parents facing charges. These tragic incidents highlight the complexity of the opioid crisis and the challenges faced by law enforcement and the legal system in addressing them.
The trials of parents charged in these cases will likely set important legal precedents and raise critical questions about the intersection of drug addiction, parental responsibility, and criminal accountability.