Forced Drug Testing

Pre-Trial Drug Testing 1

Pre-Trial Drug Testing

A Reaction on the Pre-Trial Drug Testing Program

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subject Pre-Trial Drug Testing 2

Abstract

This contains the opinion of the author regarding the pre-trial drug testing program of the government . The author adopted the position that pre-trial drug testing is an ineffective program as they are based on faulty assumption and not supported by findings of research or studies . The program also infringes on the accused ' right to be presumed innocent until proven guilty

Pre-Trial

Drug Testing 3

Pre-Trial Drug Testing

I believe that pre-trial drug testing is ineffective because they are based on faulty assumptions

Pre-trial drug testing is a universal policy which was developed by the government in 1995 at the instruction of then President Bill Clinton The policy requires that federal arrestees , before being released to the community pending trial need to undergo a mandatory drug test . Clinton 's rationale for the policy is to help cure drug addicts at the earliest possible stage . According to Clinton , 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 (cited in Bureau Of Justice Assistance Bulletin , 1999 . Aside from this , the government also saw this as an opportunity to be able to lessen the possibility of arrestees failing to attend the hearing of their cases and reduce pre-trial misconduct (Bureau Of Justice Assistance Bulletin , 1999 . However , studies and researches do not seem to provide support for such kind of assumption . In the research brief which the National Institute of Justice (NIJ (1996 ) released , their findings revealed that drug use cannot be conclusively used to predict pre-trial misconduct . The research revealed mixed results and there was no significant data to support the assumption of the government . Aside from this , Michelle Calderon cited in her article , Should Defendants be forced to take a Drug Test (2005 , another study by the NIJ revealing that those who had more serious initial arrest charge had a greater likelihood to appear at the trial

Pre-Trial Drug Testing 4

These studies and findings clearly show that there is no positive correlation between

the rationale for the existence of pre-trial drug tests and the danger that the government is trying to avoid . I don 't see the point of maintaining a government policy that is based on faulty assumptions only . Aside from this , I think that the policy violates one of the basic rights of an accused which is to be presumed innocent until proven guilty . It is a basic right recognized not only by the law of the United States but also by the legal system of other countries . This right indicates that the accuser or the victim should first establish the guilt of the accused before the law would punish him . In the absence of substantial proof or evidence beyond reasonble doubt , then the accused can freely go on his way and the law cannot hamper his...