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Registered: 07/26/04
Posts: 13,985
Loc: Flag
Bill would punish dealer if drug user dies
    #4205373 - 05/22/05 01:46 AM (13 years, 3 days ago)

Bill would punish dealer if drug user dies
May 21, 2005 - post-gazette.com

Around the time that a Beaver County man allegedly sold a fatal dose of Ecstasy that was taken by a Sewickley teen, state Sen. Jane Orie, R-McCandless, began pushing for legislation to make such a transaction murder.

That was four years ago. Now, Orie said in a news release yesterday, her legislation is ready for consideration by the Senate Judiciary Committee.

Her announcement came a day after the state Supreme Court upheld an existing section of the state Crimes Code stating that a person commits third-degree murder, punishable by a minimum of five years in prison, if another person dies from taking drugs delivered by that person.

But the law requires the drug seller to have maliciously sold or delivered the drug with knowledge that it could or would cause death.

The Supreme Court ruled that Gregory Ludwig, 23, of Rochester, could not be tried for third-degree murder, even though the Ecstasy he is accused of selling resulted in the death of 16-year-old Brandy French of Sewickley.

The high court ruled that prosecutors lacked evidence that Ludwig sold the drug maliciously, knowing that it was dangerous and illegal.

Orie's measure would eliminate the need to prove malice if the drug was sold to a person 17 or younger.

"Under my legislation, a person who provided the drugs would be strictly liable for the death in such cases," Orie said.

"There would be no need to prove malice or indifference to human life, as is currently required by state law. Simply providing the drugs that result in death would be considered murder if the victim is a minor."

The minimum penalty for a conviction under the amendment would remain at five years in prison.

"With this ruling by the Supreme Court, it is clear that my proposal needs to be enacted now to ensure that those who murder children by providing them with drugs are punished to the fullest extent of the law," she said.

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Human Being

Registered: 10/03/04
Posts: 7,894
Loc: Here & Now
Re: Bill would punish dealer if drug user dies [Re: veggie]
    #4207727 - 05/22/05 09:16 PM (13 years, 2 days ago)

Again, a good analogy would be punishing a car manufacturer for someone hitting someone else with a car, killing them.

"What is in us that turns a deaf ear to the cries of human suffering?"

"Belief is a beautiful armor
But makes for the heaviest sword"
- John Mayer

Making the noise "penicillin" is no substitute for actually taking penicillin.

"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it." -Abraham Lincoln

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Registered: 09/24/04
Posts: 12,326
Re: Bill would punish dealer if drug user dies [Re: veggie]
    #4207797 - 05/22/05 09:40 PM (13 years, 2 days ago)

Goodbye, personal responsibility!

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Shroomery BabySitter
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Registered: 11/22/02
Posts: 603
Loc: US of A
Last seen: 2 years, 9 months
Re: Bill would punish dealer if drug user dies [Re: DNKYD]
    #4224918 - 05/27/05 01:43 AM (12 years, 11 months ago)

So I could sue my pharmacist if I overdosed and died?

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fuck this site
Registered: 05/13/04
Posts: 11,945
Last seen: 9 years, 27 days
Re: Bill would punish dealer if drug user dies [Re: biglo]
    #4224943 - 05/27/05 01:56 AM (12 years, 11 months ago)


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