One might question the definition of guilt. Fault can be defined as responsibility for an accident or misfortune. It could be a person's “fault” for giving drugs to another person, which later is part of the cause of death. Whose fault is it then? The donor or the person who self-swallows. On April 14, 2010, Marcus Burrage became guilty of distributing heroin to Joshua Banka. This would not be an extraordinary mistake if there were no death involved. Banka was found dead the next day. The cause of death was due to a mixture of heroin and ace. A jury convicted defendant Marcus Burrage of distribution of a controlled substance (heroin) and distribution of heroin resulting in the death of Joshua Banka. On April 14, 2010, Burrage sold heroin to Joshua Banka, who used the heroin along with a mixture of a number of other drugs. Banka was found dead the next day. The jury convicted Burrage of distribution of heroin causing death under 21 USC 841. After being examined by a forensic toxicologist from the State Medical Examiner's Office, it was concluded that the heroin did indeed "contribute" upon Banka's death. However, both the doctor and the toxicologist were unable to determine whether or not Banka would have died if he had not taken the heroin. Among the heroin, other drugs were found in Banka's system. Banka mixed a number of drugs and consumed them. Heroin has played a small part in broader mixed drug use. That's why I believe this case should be ruled a death by overdose. Banka's death as part of a larger mixed drug intoxication was not enough to prove it was the result of heroin. While it has not been confirmed or proven what the exact cause of death was, a jury convicted Burrage of distribution of…paper medium…a high problem with controlled substances. The fact that the U.S. government is protecting and enforcing the law created to defend situations like these shows no reason to re-evaluate the 1986 law. Burrages' lawyers argue that the meaning of the law is essentially to narrow liability. The law clearly and concisely establishes the mannerisms that would result in the penalties of that law which Burrage failed to comply with when he distributed to Banka. In United States v. Hatfield, the court held that the defendant was ultimately responsible for any death involving the distribution of controlled substances. Trying to be consistent with the supreme sentence, the severity of the punishment must be taken seriously. The rate of heroin distribution is very high and it is in the public interest to maximize these laws to the greatest extent possible.
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