WASHINGTON D.C. June 15: Northern California Congressman Wally Herger (R-Rio Oso) today introduced legislation to provide for a death penalty in certain instances of drug related death. Herger’s legislation, the Fatal Drug Crimes Act of 1988 (H.R. 4796), would amend the Controlled Substances Act to provide for a death penalty in instances where violations involving highly addictive or dangerous substances result in death, in certain circumstances. “The death penalty is not only fitting punishment for drug dealers whose actions result in death, but will serve as a strong deterrent to future drug offenses in America”, said Herger, who serves on the House Republican Research Committee’s Task Force on Drugs.

Noting that “America draws a line at our citizens’ lives,” Herger, in a statement to the House of Representatives, called the bill a “tough, but reasonable approach to the problem of drug related deaths in America.

“Drug related death is growing problem in America”, Herger said. “In 1986, the states reported 37,000 drug related deaths. In California alone, 8.4% of the homicides committed in 1986 were drugged related, compared to 6.8% in 1985, and 5.2 % in 1984. Here in our nation’s Capital, over half of the homicides committed are drug related. These statistics clearly indicate that more and more homicides occur in connection with drug sales”.

Herger also emphasized that the bill applied to drug overdoses, as well. “But deaths also result from overdose”, Herger said. “The Drug Abuse Warning Network (DAWN) noted that 111,249 drug abuse episodes were reported from 744 hospital emergency rooms in the 27 metropolitan areas which reported medical incidents to the DAWN survey”.

“Mr. Speaker, it really makes no difference whether a victim is murdered or dies of an overdose. Drug dealers recognize that the poisons they peddle are extremely dangerous and can result in death, and their sale of dangerous drugs should be construed as a malicious intent. It certainly makes no difference to a victim’s parents, to his friends, or to his spouse. But most importantly, it makes no difference to the dead. Ultimately, Mr. Speaker, there is nothing to distinguish the gun from the needle; they’re both weapons. Death by drugs is death. Period,” Herge’ said. :

The bill, which will likely be referred to the House Committee on the Judiciary, would provide the death penalty in instances where a death results from a violation of the Controlled Substances Act, and where an aggravating factor, set forth in the legislation, is present. Aggravating factors include:

  1. The defendant has a prior conviction for which death or life imprisonment could be imposed.
  2. The defendant has previously been convicted of a drug offense.
  3. The defendant has previously been convicted of a violent crime.
  4. The offense occurred on a school ground or involved a minor.
  5. In the offense, the defendant created a grave risk of death to one or more persons other than the victim.

Article extracted from this publication >> June 24, 1988