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

Forced Drug Testing of Defendants - Essay Example 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

Red Scare in US and Canada Research Paper Example | Topics and Well Written Essays - 1250 words

Red Scare in US and Canada - Research Paper Example But upon comparing the American Red Scare to the Red Scare that occurred in its closest neighbouring country, Canada, one can see that America’s actions during the Cold War were perhaps more overt than any other country, but actually tended to be more representative of first world countries during the Cold War. The United States had a significantly more public Red Scare than did Canada. Canada did not suffer through the same sort of public trials in front of Congressional comities, like the US, nor were famous Canadian Film stars targeted and dragged in front of Cameras to answer questions.1 There was no public black list in Canada, unlike in the United States, where everyone knew what individuals were suspected of â€Å"un-American† activates (Whitaker, 18) Canada likewise faced fewer elements of propaganda asking them to fear for their surroundings and report any activities they felt suspicious of. While the United States played out the Red Scare on a grandiose stage in full public view, Canada's was held a secret affair largely ignored until one's personal life became directly affected by the witch hunt. This had both positive and negative implications for the Canadian population. The lack of publicity surrounding the Red Scare likely meant that the average Canadian was perhaps less fearful than his or her American counterpart, due to being less frequently bombarded with fearful rhetoric and not seeing as many people targeted by allegations. It also meant, however, that there was a noticeable lack of transparency in the Canadian Red Scare experience. One would often not know any avenues to appeal the negative treatment which he had been experiencing, and could not publicly defend himself. Furthermore, the lack of transparency meant that the general population could not weigh in on the proceedings; in the United States McCarthyism, due to its publicity, flared up but quickly died out, consumed by itself (Kimmel, 321). The Canadian Red Scare, how ever, was able to smoulder outside of the public eye, still affecting ordinary Canadians while not perceptible to the general public. Canada also lacked any sort of permanent safeguard to their citizens civil rights, the Charter of Rights and Freedoms still being four decades away, so it was easier for Canadian authorities to, for instance, hold people without charges in Canada than in the United States. A stealthier Red Scare certainly does not mean a less significant Red Scare, nor a 'better' one. While the way in which the Red Scare occurred in Canada was markedly different than in the United States, these differences were largely superficial. Canada's goals during the Red Scare, for instance, along with the reasons that Canadians felt threatened, were identical to those in the United States. In Canada, as in the United States, the principal concern was that Communisms and Communists in particular had already infiltrated society at great depth, and were engaging in Soviet espiona ge in an attempt to overthrow Western democracy (Spardellati, 496). Canadians perceived this both as a threat to their society, a moral degradation that could hurt both families and damage the foundation of society, and therefore an inherent risk to democracy, which was already perceived as being possibly by weak due to the outcome of German democracy before the second world war. Canadians thought communism was a direct