StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Forced Drug Testing of Defendants - Essay Example

Comments (0) Cite this document
Summary
Forced Drug Testing: Should Defendants Be Forced to Take a Drug Test Are pretrial programs effective in reducing failure to appear rates and pretrial crime Or are pretrial drug-testing programs ineffective because they are based on faulty assumptions
In December 1995, then President Bill Clinton directed that then Attorney General of the United States, Janet Reno to design and enforce a drug policy which would be applied universally to all those arrested pursuant to federal law…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.3% of users find it useful
Forced Drug Testing of Defendants
Read TextPreview

Extract of sample "Forced Drug Testing of Defendants"

Download file to see previous pages The rationale argued Clinton for desiring the drug testing program was that "too often, the same criminal drug users cycle through the court, corrections, and probation systems still hooked on drugs and still committing crimes to support their habit." (Clinton, 1995) We should react, he argued, "at the earliest possible stage in a person's interaction with the criminal justice system-following arrest." (Clinton, 1995)
At first blush this would seem to be a rather easy concept. It would seem that drug testing would be a harmless way to combat what all lawmakers would agree is wretched drug problem in the United States. However, there are issues that apply to the constitutional rights of any person. Why does a person who is only alleged to have committed a crime have to be forced into testing Does that person loose their privacy rights which are secured by the Fourth Amendment simply because they were arrested My opinion is that while pre-trial drug testing may secure the appearance of a defendant it does not mean that the defendant is not going to be prone to committing further crimes. It only means that the defendant will avoid going to jail. ...
Pursuant to that program persons that were convicted of drug crimes were given a choice. They could either agree to enter impatient drug treatment which was supplemented by outpatient drug treatment, or be sentenced. Ultimately, it was demonstrated that those who had received the benefits of treatment were less likely to commit the same type of crimes. (William H. McGlothin et.al, 1977) Notably, these were programs and suggestions that were offered in lieu of being in jail rather than being used to secure appearances.
The Fourth Amendment of the United States Constitution guarantees that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." B. C. v Plumas Unified School District (9th Cir. 9/20/99). One might argue that because a person is in police coustdy, that they have already lost that guarantee of security.
However, where is the line drawn For example, if I am arrested for shoplifting, should a court be allowed to mandate that I submit to drug testing Of course, I don't have the right to claim privacy as to the shoplifting charge, but why should I be searched for drugs Does drug testing not constitute a search The notion that it holds any pretrial value is completely illusory. Suppose next that I have passed all drug testing. What would be the next threat Perhaps bail should be foregone because I have no drugs in my system.
I am by no means advocating the use of drugs. Rather, I am advocating for my privacy and the right as it ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1533025-forced-drug-testing-of-defendants
(Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 Words)
Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1533025-forced-drug-testing-of-defendants.
“Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1533025-forced-drug-testing-of-defendants.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Forced Drug Testing of Defendants

Employee drug testing

...? Employee drug testing: It is only a tiny minority of employees who are found out for taking illegal (or recreational) drugs during their term of employment. The list of banned drugs include Marijuana, Cocaine, Opiates, Amphetamines, etc. Excessive use of alcohol can also be in conflict with terms of employment. The Medical Review Officer (MRO) collects samples of urine, blood, etc from employees (or candidates) and performs comprehensive exams in a laboratory to screen for drug usage. Once tell-tale traces are found out the employeee is liable to legal prosecution. The most extreme action that an employer can take is to terminate employment or refusing to hire (as the case may be). The scope of actions on part of employers...
2 Pages(500 words)Essay

Drug testing for employers

... and a dependable and accountable work force. Works cited Fletcher, Meg. “Drug-Test cheats Frustrates Employers Screening Efforts” Business Insurance 39.31. Master File Premier. 2005. Web. 2nd February 2012 Potter, Beverly. & Orfali, Sebastian. Drug Testing at work. A guide for employers. Washington DC: Ronin Publishing, 2007. Print Straete, Alain. Workplace Drug Testing. London: UK. Pharmaceutical Press, 2011. Print...
5 Pages(1250 words)Research Paper

Drug Testing Welfare Recipients

This paper will apply the use of PROACT and cycle of change model to make a decision concerning this given subject. The decision and its rationale The decision concerning the drug test on federal aid recipients require rational thinking. However, the decision not to adopt the policy of drug testing on federal aid recipients is an integral choice. There are many reasons that back up the claim drug testing among federal aid recipients should not apply. Firstly, the policy does not have a clear theoretical view. This implies that it is founded on assumptions, which the federal aid recipients are the largest drug users. A study conducted by some human rights activists proclaims that the other part of the public uses drugs in an intens...
8 Pages(2000 words)Term Paper

Animals for drug testing

...One of the more controversial issues confronting the medical and pharmaceutical research industries is, without doubt, the use of animals for drug testing. The debate over the ethics of the practices and its practical benefits has raged on for close to three decades now (Speth), with neither opponents nor proponents willing, or able, to understand the opposing viewpoint and position. Proponents of the use of animals for drug and chemical testing have consistently and persistently maintained that medical and pharmaceutical research cannot proceed were live specimens, as in lab animals, removed from the equation. This camp has further maintained that the practice has led to the development of countless of drugs which, in turn, have been...
5 Pages(1250 words)Essay

Disparate Impact Drug Testing

VII prevents disparate treatment discrimination. Disparate treatment is when an employer intentionally discriminates against a member of a protected class. This can be during the hiring process, the placement process, the promotion process, and so forth. (HR-Guide.com, 2001).
Examining an example can be useful in understanding disparate treatment. Two workers - say Jack and Jill - work at the same company. On Monday, both employees are absent from work. When they come to work on Tuesday, the boss fires only Jill, but not Jack. If the reason the boss only fired Jill is because she is a female, then this constitutes an illegal practice of disparate treatment. This would also be the case if Jill was fired for being black,...
2 Pages(500 words)Essay

Forced Drug Testing

... June 30 2009 Forced Drug Testing A drug test is an examination of urine, hair, blood, sweat, or oral fluid samples to determine the presence or absence of drugs in an individual's body. Each country has its own set of laws and ethics that focus on the testing of drugs. In 1995, President Clinton developed and implemented a policy that enforced drug testing on every federal arrestee before they were released for trial. The argument was that every criminal was caught in a vicious cycle where they passed through courts, correction facilities and probation hooked onto drugs and committing crime. Clinton felt the only way to stop the user's interaction with drugs was by eliminating it in the first step: immediately after the arrest (Clinton...
2 Pages(500 words)Essay

Drug testing

...Drug Testing: An Unnecessary Evil Testing an employee for the presence of marijuana in their system could give a positive result weeks after the person had been exposed to the drug, possibly at a weekend party that had no connection to their work. It is almost like the tyranny of authority has taken ownership of peoples lives and dictates what they can do not only at work, but also in their private hours. Still, boarding an airplane where the pilot had smoked joint just hours before takeoff may cause the person to deboard and wait for a sober pilot. This illustrates the complexity of random drug testing in the workplace. There is a need to assure the publics safety when lives are placed in the hands of a pilot or a policeman. There is also...
2 Pages(500 words)Research Proposal

Drug testing on welfare

... Nov 14th Drug testing for welfare was introduced in several s for deterring those people who used drugs from receiving welfare. This was an extremely noble thing for the state legislatures to do because it showed the states’ determination to fight drug abuse in the United States. However, drug testing has come to be highly ineffective and unreliable when it comes to welfare. This legislation has come to be seen as a waste of time and money for various reasons, which shall be discussed in this paper. Drug testing for welfare has come to be seen as unreliable because it has been found that people, who receive welfare, are not drug users in the United States. Most of the states, which passed this legislation, did so because of the belief...
2 Pages(500 words)Essay

Drug Testing

...Drug Testing al Affiliation Introduction Random drug testing continues to pose a legal and moral dilemma in regard to the employees’ rights to work in a productive workplace and his fundamental rights to privacy (O’Keefe 1987). With the many cases of drug abuse in the work place, companies have resorted to the random drug tests to check whether an employee is using drugs or not. However, there are legal, medical and moral issues that need to be addressed before any test is done randomly especially the common urine tests that many employees find themselves victim to. Invasion of Privacy Random drug tests are a total invasion of privacy. Drug tests should only be conducted when investigations have been done and there is a high possibility...
2 Pages(500 words)Essay

Mandatory Drug Testing

... Mandatory Drug Testing Among numerous issues the modern world is to cope with availability of drugs andtheir use and misuse are one of key burning questions to be tackled as soon as possible. The thing is that the scales of the problem have reached the extent that it becomes the global threat for people’s health as well as national welfare. The magnitude of drug addiction spread is challenging for physical and moral health of humanity, the future of its majority, and social stability of society. In this respect, there is an urgent necessity to establish mandatory drug testing in every possible institutions, which have shown their involvement into drug use. The experience of recent years shows that drug spread causes numerous problems...
6 Pages(1500 words)Assignment

Women and Law - Infanticide and Forced Caesareans

Ethical issues are posed in this connection, especially in the violation of a woman’s fundamental right to autonomy in her reproductive decisions, which has been guaranteed under Articles 8 and 12 of the European Convention of Human Rights and incorporated into the UK law through the Human Rights Act of 1998.

The first forced caesarean section in Britain was sanctioned by the High Court in 1992. Subsequent petitions were made on an emergency basis, against the women’s wishes, when the lives of the fetuses were perceived to be in danger. As Dyer reports, one of the women had a history of psychiatric treatment but did not have any mental disorder, while there was no question at all about another woman’s...
10 Pages(2500 words)Assignment

Prescription Drug Abuse - Problems and Solutions

On the one side is to need to make available drugs of varying nature to the patients, who require is, and on the other is the exercise of control measures to ensure that these patients do not abuse these drugs, or make it available to others for drug abuse. In a sense, physicians may well claim that their role in controlling or preventing drug abuse is limited to their exercising restraint in the prescribing the drugs. It is the pharmacists that need to ensure that these prescriptions are not abused. This argument of medical professionals only restates the importance of pharmacists in the control and prevention of prescription drug abuse.

Wesson and Smith (1990), define prescription drug abuse as “a nebulous const...
7 Pages(1750 words)Coursework

Modelling the Amount of a Drug in the Bloodstream

The amount of drug (μg) for treatment of malaria in the bloodstream after an interval of 0.5 hours (30 minutes) for 10 hours is recorded in the given graph as shown in figure 1. From this graph, the values of the amount of drug (μg) after 0.5 hours are taken and presented in table 1. Below figure 2 is plotted based on table 1 data.

However, it is easier for modeling when we take the value of ‘n’ as ‘e’1 because for simplifying exponential equation it is easier to take the value of ‘n’ as ‘e’. this type of exponential equation is called as “natural exponential equation”2 and can be written as :

The above equation is a natural exponential equatio...
6 Pages(1500 words)Assignment

Anti-Obesity Drug

This mechanism of action prevents absorption of 30% fat contained in the diet ingested. By affecting the total energy consumption, Orlistat brings about considerable weight loss In the process, the drug is not absorbed into the system. (Xenical.com)
The structural formula of orlistat [(S)-2-formal amino-4-methyl-pentanoic acid (S)-1-[[(2S, 3S)-3-hexyl-4-oxo-2-oxetanyl]methyl]-dodecyl ester] is shown in Figure 1. The drug's chemical formula is C29H53NO5. It is a diastereomeric molecule with four chiral centers and a molecular weight of 495.7.”( Pharmacotherapy 20(3):270-279, 2000. © 2000 Pharmacotherapy Publications)
Orlistat’s other name is “tetrahydrolipstatin”, a chemically synthesized deri...
14 Pages(3500 words)Research Proposal

The National Drug Intelligence Center

...The National Drug Intelligence Center One of the most common crime in the United s nowadays is of drug trafficking. This lucrative business has become a trend in the American society and is increasingly becoming a threat for the state. Just before this crime could become a national issue the government of United States realized its potential and formed several intelligence agencies which would look after the drug traffickers. The National Drug Intelligence Center is the formation of government of United States in this regard. It was formed in 1993 and is operating till date. The NDIC has proved quite successful in achieving its tasks and has proved as an asset to the United States. This essay would further describe the agency in detail...
8 Pages(2000 words)Essay

Drug Abuse Costs

... that can be employed to determine the characteristics of subjects identified as alcohol dependent which can also be used to assess treatment outcomes. In a remarkably soft report the Government Accounting Office concluded that treatment probably had some beneficial effect: “Drug abuse treatment is beneficial, but reliance on self-reported data may overstate treatment effectiveness….objective tests, such as urinalysis, consistently identify more drug users than self-reports do”(GAO, 1998). This then leads us to the conclusion that the specificity and accuracy of the data from simple questionnaires is sorely lacking. Additionally, little data relating outcome rates to treatment costs is available and even less of this data is then employed...
6 Pages(1500 words)Term Paper

Drug Problems and Poverty in All Souls by Michael McDonald

Poverty is stressful and painful no matter what or who you are. In the novel, McDonald's discusses his code of silence in his community. Residents in South Boston refused to talk about the issue of poverty and other social problems like crime, violence, and drug abuse since they thought to talk of such issues would demean their status.

From his narration, the fact was that South Boston had increased poverty within the white society or community in the US. This happened in the 1960s before the problem of poverty in South Boston was addressed, and this meant that the poor people had to relocate. In addition, McDonald’s states that forced busing worsened the situation in that children were forced to places where peo...
8 Pages(2000 words)Essay

Preventing Drug Abuse among Youths in West Palm Beach, Florida

The statistics also indicate that the total number of deaths was 12,941 with the white population encompassing 11,595 and the black 1 162. These statistics show that the rate of birth is higher than the rate of deaths i.e. 10.4% to 9.7%.
The county government enhances the health of the residents, including the youth through collaborating with the health care providers and other organizations involved in catering for the welfare of the community. According to CityData.com (2012), some of the health care services provided by hospitals to the county residents include Acute Care, Proprietary, emergency service, and veterans administration. The social welfare is enhanced by non-governmental organizations, especially those involved...
6 Pages(1500 words)Coursework

Rehabilitation of Drug Offenders

... Dear Below is my reporting recommending the rehabilitation as a corrective measure to petty drug offenders asa way or easing population pressure in the US prisons. Statistics that the report referred to indicates that petty offenders as drug and substance abusers form the largest percentage of jail populations. However, apprehending petty offenders has led to an increase in jail populations that has been an upward trend since the last three decades. In the research, it came out clearly that rehabilitation is the solution to drug offenders since they only need guidance and counselling to stop their behaviours and change their life perspectives. It is also a concern if petty offenders are apprehended since they may face violence and build...
6 Pages(1500 words)Term Paper

Drug Abuse: Effects, Treatment, and Prevention

... Drug Abuse: Effects, Treatment, and Prevention The drug and substance abuse is one of the menaces in the society that havepersisted for years due to the various challenges that hinder their eradication. Drug and substance abuse is on the rise in the United States of America and around the world despite numerous efforts to eliminate the issue. Drug abuse is the use of illegal drugs or misuse of various types of over-the-counter medication and prescription drugs. Additionally, intentional inhalation or consumption of other industrial chemicals is also categorized under drug and substance abuse. The majority of drug abusers often do it to alter the normal functioning of the mind, which creates a false feeling. Although drug abusers enjoy...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Forced Drug Testing of Defendants for FREE!

Contact Us