Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 words

Forced Drug Testing of Defendants - canvas ExampleThe rationale argued Clinton for desiring the do do medicatess testing program was that too often, the same criminal drug users calendar method 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 feasible stage in a persons interaction with the criminal justice system-following arrest. (Clinton, 1995)At first blush this would front to be a rather easy concept. It would seem that drug testing would be a spotless way to combat what all lawmakers would agree is wretched drug problem in the United States. However, thither are issues that apply to the constitutional rightfulnesss of any(prenominal) person. Why does a person who is only alleged to make water committed a crime have to be forced into testing Does that person loose their screen rights which are readyd by the quaternary Amendment si mply 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 addicted 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 quality 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 se izures, 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 efficiency argue that because a person is in police coustdy, that they have already lost that guarantee of security.However, where is the eviscerate 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 dont 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 fo r my privacy and the right as it