Nobody downloaded yet

Forced Drug Testing of Defendants - Essay Example

Comments (0) Cite this document
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 PAPER94.2% 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, 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
(“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
(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.
“Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Forced Drug Testing of Defendants

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... Drug testing for employers Introduction Human beings have been using mood-changing substances from ancient times. In Greece and Cyprus, people used Opium for rituals during 200 B.C. Ancient Aztecs used Ololiuqui flower, which had psychoactive effects for treatment. During middle...
5 Pages(1250 words)Research 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...
5 Pages(1250 words)Essay

Disparate Impact Drug Testing

.... This understandable method of employment may actually impact blacks or certain racial groups more than others, because those certain groups are statistically less likely to have graduated from high school. (Runkel, 2008). Another example may possibly involve employers drug testing employees' hair strands prior to hiring them. Evidence exists suggesting that black hair may retain traces of drugs longer than lighter-colored hair, which means that this practice would cause groups of people with black hair (African Americans, Asians, etc.) to be less likely to be hired. (Discriminations, 2005). Because cases of disparate impact typically do not involve intentional discrimination,...
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...
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...
2 Pages(500 words)Research Proposal

Workplace Drug Testing Programs

...Running head: WORKPLACE DRUG TESTING Workplace Drug Testing 18 April This is an essay that asserts that all businesses, whether private or public, should be mandated to ensure a drug-free workplace by having a law that enforces drug testing policy on all businesses. Today, Federal and select State laws mandate companies that contract with the government agencies, but none that mandates those without any business with the government. Because the substance abuse is a lingering issue in the society especially among the employed adults in America, the entire business system should all together ensure that the workplace is...
1 Pages(250 words)Essay

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...
2 Pages(500 words)Essay

Workplace Drug Testing

...Workplace Drug Testing Justification for Workplace Drug Testing Although there is a great challenge in striking the balance between the right of employers to protect their property and the right of employees to be free of intrusions on their privacy there are justifications for conducting workplace drug testing. Drug testing is significant in protecting the rights and lives of the employees’ clients. Employers and other government agencies are always committed in producing great results in their operations and that can only be possible by sober employees. Testing further helps in...
3 Pages(750 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....
2 Pages(500 words)Essay

History of Drug Testing

...History of Drug Testing The effects of illicit drug abuse within a society are unmentionable considering the degreeof detriment caused to both social and economic status of people in a society. As a result, society members have waged war against drug abuse in the population. Similarly, the American government has also waged war against drug abuse at national level by enacting various legislations that restrict the use of psychoactive drugs such as cocaine and marijuana. On this basis, this paper will highlight the history of Marquis Test and Marcy test centers as measures used to fight against...
3 Pages(750 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