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Drug Tests and Pretrial Programs

Bernadette Matthews

CJA/373

October 29, 2012
Richard Rice

Drug Tests and Pretrial Programs

Should defendants be forced to take drug tests? Yes, when it involves certain cases such as, cases that deals with any type of drug arrests and cases that deal with domestic related cases when The Department of Children and Families have to get involved. I believe that this would help with many individuals and families on narrowing down the key of the possible issue in some of these cases. This would also help the courts to determine what type of pretrial programs needs to be enforced or issued towards the defendants. Secondly, are pretrial programs effective in reducing failure-to-appear rates and pretrial crime? Yes and No. I say this because some individuals may take the courts seriously and follow the case plan and pretrial enforced classes. However you may have some defendants that may think that they don’t need pretrial enforced programs and may just decide not cooperate with the courts and they just do what they want to do, and in the end they will be handed down a possible harsher sentence than what was given in the beginning. But all in all this can be effective for the individuals that take the courts seriously in given sentencing. Lastly, are pretrial drug-testing programs ineffective because they are based on faulty assumptions? I do not believe pretrial drug testing programs are ineffective based on faulty assumptions, because if a defendant is tested and the test reads a positive for drugs other than named and prescribed drugs, then the defendant may have a drug problem and the test is hardly ever wrong. The only thing that clouds the testings are when some certain defendants take drugs and when they know that they are to give a drug test they take certain pills or drinks and try to trick the test so that it comes out negative for drugs. But of course a person is innocent until proven guilty by Amendment of the law. So with that being said when and if the courts try to do forced drug testing on defendants even when the case may have nothing to do with drugs and the person is found positive for drugs, that could hurt their case even more.

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