The federal government’s power to seek the death penalty in drug cases has not been expanded.
President Trump made the opioid crisis a central point of his campaign, and has continued to stress the importance of tackling this nationwide crisis since taking office. The problem is multifaceted, from doctors who overprescribe narcotic painkillers to pharmaceutical companies who continue to profit off of these drugs to the poverty, mental health and physical health issues that often seem to drive addiction. Recently, President Trump decided to take aim at what he believes is one potential cause of the drug problem: drug dealers.
In a series of speeches, President Trump suggested that the federal government would seek the death penalty for drug dealers. According to the president, drug dealers kill thousands of people during their lifetimes, and are never adequately punished for their crimes. His administration then released a proposal that would more aggressively enforce existing laws on the application of the death penalty in federal drug cases.
While President Trump’s announcement stirred outrage, there has not been any change in existing federal law. There are a limited number of drug-related cases in which the death penalty can be applied, and all involve murder. In fact, according to a drug defense lawyer Los Angeles, CA, the United States Supreme Court has consistently held that applying the death penalty for offenses other than murder violates the Eighth Amendment of the Constitution’s prohibition against cruel and unusual punishment. In 2008, the Supreme Court held in Kennedy v. Louisiana, “When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint.”
In other words, despite President Trump’s harsh rhetoric, federal law regarding the application of the death penalty is the same. Unless a suspect in a criminal case has committed a murder in violation of a specific federal statue, he or she will not be subjected to the death penalty. As a drug defense lawyer Los Angeles, CA can explain, this is unlikely to change, as the Supreme Court has been clear that the death penalty must only be applied in cases involving murder.
Similarly, in California, dealing drugs is not punishable by death. Under California law, capital offenses include crimes such as murder with special circumstances or felony murder. While a person could potentially be sentenced to death for committing a murder in relation to drug dealing, he or she could not be charged with murder for dealing drugs without something more occurring — such as killing someone in connection with gang activity related to drug dealing.
Whether charged at the state or federal level, drug related offenses do carry significant penalties. Even if the death penalty is not a likely outcome, it is still necessary to hire an aggressive drug defense lawyer Los Angeles, CA to defend against California drug charges. A skilled attorney can ensure that your rights are protected, and put forth the best potential factual and legal defenses to the charges against you.
At the Chambers Law Firm, we are devoted to assisting clients who have been charged with California state and federal crimes. We offer free initial consultations, where we explain your rights and options. To speak to a drug defense lawyer Los Angeles, CA, contact our office today at 714-760-4088 or dchambers@clfca.com.
