While some have argued that drug-induced homicide laws were largely meant to target higher-level drug dealers, others have pointed out that most drug-induced homicide prosecutions have involved low-level dealers as well as family and friends of victims. However, no research has formally explored public opinion about whether there should be differing levels of culpability in drug-induced homicide scenarios. This study examined whether perceived culpability levels in a drug-induced homicide situation differed by race and factual scenario. We utilized an experimental information provision survey sent to heads of households in South Carolina. There were two randomized treatments. The first treatment was race (White and African American). Participants were randomly assigned scenarios with two White individuals, two African American individuals, or one White and one African American individual. The second treatment randomly assigned participants to one of two factual scenarios. In the first scenario, participants received a fact pattern where both individuals (trafficker and user/victim) had an existing friendship, and the trafficker was not a traditional drug dealer. In the second scenario, participants received a fact pattern where there was no existing friendship, and the trafficker was a traditional drug dealer. Our results showed large and statistically significant differences between scenarios that involved a friend relationship and a dealer relationship. Specifically, respondents who received the dealer scenarios were far more likely to assign culpability. Additionally, our results did not indicate levels of culpability assignment that were significantly (statistically) higher for African American traffickers when compared to White traffickers. Relevant decision-makers may want to consider policies or formal laws that recognize public opinion favoring lower culpability levels for traffickers in drug-induced homicide scenarios that are not traditional dealers.
Ohio State Legal Studies Research Paper No. 828 Drug Enforcement and Policy Center, February 2024