NCJ Number
155020
Journal
Drug Law Report Volume: 3 Issue: 2 Dated: (March-April 1992) Pages: 13-18
Date Published
1992
Length
6 pages
Annotation
Focusing on both criminal and administrative law, this article focuses on the procedural protections required by due process to ensure that the results of pretrial drug testing are both accurate and reliable.
Abstract
These programs are used to determine whether criminal defendants should be jailed or released prior to trial. The District of Columbia established the first comprehensive pretrial drug testing program in the United States; it involves the routine testing of almost all persons arrested before their first court appearance. Eight Federal district courts and at least six county court systems have established or experimented with such programs. The general principles of due process for such programs include confirmation of initial screening tests before any sanction can be imposed or any substantial adverse action can be taken against a defendant based on the screening test, when the defendant disputes the result. In addition, in situations where the need for immediate action make prior confirmation impossible, confirmation should be accomplished as quickly as possible after the court's decision whenever the court imposes a substantial restraint on the defendant's liberty. Another issue in the District of Columbia program is the provision of persons who are arrested with misleading information on the use of drug test results in their court cases. The District should modify its procedures to ensure consistency with procedural due process guarantees.