News Roundup
New data from the Centers for Disease Control and Prevention (CDC) indicates that drug overdose deaths in the U.S. declined significantly in 2024 as compared to 2023, reaching their lowest levels since 2019. Experts from the CDC state that increased funding from Congress has enhanced their ability to collect and analyze data, which in turn has allowed for more targeted and effective prevention efforts. Deaths from fentanyl fell by approximately 37%, while deaths from cocaine and psychostimulants also declined significantly. The declines were consistent across virtually all geographic regions.
Some experts attribute the changing trend to wider availability of the overdose-reversal drug naloxone as well as stepped-up treatment. Others contend the decline stems more from fewer people getting addicted in the first place.
Despite the encouraging news, drug overdoses remain the leading cause of death for individuals between the ages of 18 and 44.
Read on for more criminal law news.
Opioid litigation continues. Relatedly, in the wake of surging overdose deaths, thousands of state and local governments have sued various companies involved in the distribution of opioids nationwide. The lawsuits rely on a theory that the companies created a public nuisance. Many of the lawsuits have settled, but some have gone to trial, to mixed results. Recently, a federal district court judge in West Virginia ruled that public nuisance law should only apply in cases involving public property or resources, and that the theory is not applicable to the marketing and sale of opioids. On appeal, the 4th U.S. Circuit Court of Appeals sent a certified question to the West Virginia Supreme Court: “Under West Virginia’s common law, can conditions caused by the distribution of a controlled substance constitute a public nuisance and, if so, what are the elements of such a public nuisance claim?” Interestingly, in a 3-2 opinion, the highest court in West Virginia declined to answer the question, sending the matter back to the 4th Circuit for resolution.
New death penalty methods? A bill is advancing in the North Carolina General Assembly to authorize a firing squad to carry out the death penalty. Lawmakers proposed the bill just prior to South Carolina’s execution of a man by firing squad in March (Joe covered a related South Carolina Supreme Court decision here). The North Carolina bill would also bring back the electric chair as a possible method of execution. 121 people are currently on death row in this state. North Carolina has not imposed the death penalty since 2006 due to litigation challenging the death penalty as cruel and unusual, as well challenges lodged under the Racial Justice Act. The method employed in the 2006 execution was lethal injection, the only legal method since 1998. The push for alternate methods may be a response to concerns about the availability of lethal injection drugs, as well as questions arising related to the humaneness of lethal injection after multiple failed executions in recent years.
Meanwhile, lawmakers in South Carolina are asking for an investigation into the firing squad execution of another man in April.
Depardieu convicted of sexual assault. The acclaimed French actor, Gerard Depardieu, was convicted this week of sexually assaulting two women on a movie set in 2021. He received an 18-month suspended sentence and was ordered to register as a sex offender.
In addition to the two women, three other women testified to previous incidents of sexual misconduct, and a total of at least 20 women have come forward against Depardieu. Having starred in more than 230 films, Depardieu has had a long and successful career despite mounting accusations. His defenders have included notable figures such as French President Emmanuel Macron. Some have noted that the “Me Too” movement has been slow to gain traction in France, and the victims and their attorneys celebrated the conviction as an important step forward in holding powerful artists accountable for their actions.
In a striking subplot, Depardieu’s defense attorney apparently engaged in such unprofessional conduct during the trial that 180 French lawyers signed an op-ed repudiating his strategy as infected with sexism and misogyny. The defense attorney interrupted the judge on multiple occasions and shouted that the victims’ lawyers were “abject,” “stupid,” and “hysterical.” He also denied that one of the women was a “real victim” and stated, “we don’t believe you,” upon concluding his cross-examination. This behavior led to the court imposing an additional 1,000 euros in damages to compensate for “secondary victimization.”
Menendez brothers resentenced. After serving 35 years in prison toward their sentences of life without the possibility of parole, Erik and Lyle Menendez received new sentences on Tuesday of 50 years to life, making them presently eligible for parole. The previous Los Angeles District Attorney, George Gascon, had filed a motion recommending resentencing, a motion that the current District Attorney, Nathan Hochman, later opposed. California is one of five states with a law allowing prosecutors to request resentencings.
The brothers had been convicted of killing their parents. They claimed self-defense at trial, asserting that they were victims of sexual abuse at the hands of their father. Prosecutors contended that the killing was motivated by money. The brothers received support in their bid for resentencing from a prison official and from their family members, who told the court that the brothers had worked hard to rehabilitate themselves.
Baby orangutans rescued. Two baby orangutans about to be sold to an unidentified buyer were seized at a gas station in Thailand as part of international efforts to stem the illicit trade in wildlife. The Associated Press has video of the animals smuggled (snuggled?) in plastic baskets here.
Have a great weekend and see you Monday.
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