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5 Crim. Just. Pol'y Rev. 1 (1991)

handle is hein.journals/cjpr5 and id is 1 raw text is: 
CJPR, VOL. 5, NO. 1/91, pp. 1-16
©IUP










Drug Testing: Constitutional And
Policy Implications
Ernest Giglio
   Lycoming College
Abstract
   Let us assume the following three scenarios. Scenario one involves a
professional football player who tests positive for drugs for the third time
and under National Football League rules is suspended indefinitely. The
second scenario concerns a railroad engineer whose urinalysis sample taken
after a serious accident reveals drug usage and who is subsequently dismissed
from his Conrail job. The final scenario includes a recent college graduate
who applies for a position with a Fortune 500 company but does not get
the job because she fails the required pre-employment drug test.
   What do these three people share in common? They all tested positive
for drug use and suffered economic loss, and possibly psychological pain,
as a consequence. But were their rights violated? Was their privacy intruded
upon? Was the testing procedure fair and accurate? Did the testing violate
the American legal principle that guilt is individual rather than collective?
These are some of the questions raised by government-mandated, as well
as employer-required, drug testing. As courts and legislative bodies wrestle
with these questions, the policy consequences of their decisions and enact-
ments need to be considered. This paper purports to examine the constitutional
issues raised by drug testing, how the courts have resolved them, and the
policy implications that have resulted from their actions.




Nature And Scope Of The Problem
   The threshold question in any discussion related to drug testing is whether,
in fact, the United States has a drug problem of such magnitude that mandatory
drug testing is required to control it? The proponents of drug testing maintain
that drug abuse is a serious social and economic problem. However, no
government agency or statistical bureau knows with any degree of certitude
Aversion of this paperwas presented at the 1991 Annual Meeting of the Southwestern Social
Science Association, San Antonio, Texas, March 27-30, 1991.

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