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Essay / Research Paper Abstract
3 pages in length. The debate over whether defendants should be administered a drug test prior to release is on that has seethed beneath the surface of those who, on one side, contend that doing so will only serve to increase the number destined for pre-trial detention and those on the other side who argue that just the opposite will actually occur. Despite this ongoing dispute, however, the popularity of just such a practice has steadily gained ground. Bibliography lists 4 sources.
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3 pages (~225 words per page)
File: LM1_TLCDrgTstDef.rtf
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doing so will only serve to increase the number destined for pre-trial detention and those on the other side who argue that just the opposite will actually occur. Despite
this ongoing dispute, however, the popularity of just such a practice has steadily gained ground. "Pre-trial drug testing has been little used because of the perception that it will
increase rather than reduce the number of persons subject to pre-trial detention. However, when used with appropriate supervision, pre-trial drug testing does reduce drug abuse substantially because of the
fear of loss of liberty" (Carver, 1993, pp. 42-47). At issue is the manner by which two important questions still lack definitive answers: 1) whether pretrial programs are effective
in reducing pretrial crime and failure to appear rates and 2) whether pretrial drug testing programs are considered ineffective because of their foundation in faulty assumptions. Examining the pros
and cons of this legal option, it is important to weigh the value of each sides argument so as to gain a better understanding of why this continues to be
a hotly debated topic. Opponents claim the implementation process is fraught with operational issues that preclude it from serving any benefit, not the least of which includes cost, actual
impact on criminal behavior/drug use. Contrarily, supporters maintain provide critical data that allows for informed decisions when it comes to release decisions and the ability to determine the presence
of drugs. Moreover, drug testing defendants provides the opportunity for more extensive supervision of drug-related offenders, as well as the chance to influence entrance into a treatment program (Visher,
1992). With that said, however, there is one additional aspect of this debate that serves to tip the scales in the direction against supporting mandatory defendant drug testing: constitutional rights.
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