NCJ Number
176744
Journal
American Journal of Criminal Justice Volume: 18 Issue: 2 Dated: Spring 1994 Pages: 289-305
Date Published
1994
Length
17 pages
Annotation
This article investigates the use of drug testing to combat drug use and abuse by criminal justice personnel.
Abstract
Judicial acceptance of drug testing has been greatest in the field of criminal justice. It is reasonable to expect that expansion of drug testing's application will also be greatest in criminal justice. Criminal justice employees have typically been considered "safety-sensitive" by States and municipalities; therefore, drug testing for both job screening and continued employment is generally accepted; however, a Seventh Circuit Court of Appeals' case that involved a drug-testing program of correctional officials shows that a general governmental interest in the integrity of its workforce is not enough to overcome the individual's right to privacy. Governmental interests in avoiding dangers that result from an impaired workforce or from drug smuggling where the employees have regular contact with prisoners does justify such a program (Taylor v. O'Grady, 1989). Criminal justice employers must continually train personnel in drug- testing techniques and institute more sophisticated record-keeping in order to protect the confidentiality of test results if they wish to avoid lawsuits initiated by employees whose legal rights were violated. Nevertheless, it appears that drug testing of criminal justice employees will become even more widespread in the next century because of its usefulness as a tool in combatting drug abuse and in providing a safe workplace. 25 references and a list of 40 cases cited