Topic 5b Juvenile Drug use

Topic 5b: Juveniles and Drugs: 

Topic 5b: Juveniles and Drugs

Slide 2: 

Juvenile drug use trends 4 th Amendment rights in a school setting Criminal Justice System

Juvenile Drug use Trends: 

Juvenile Drug use Trends

Juvenile Drug Use Trends: 

Juvenile Drug Use Trends 1. Gateway drug = alcohol

Those who start with alcohol at a younger age are more likely to use other drugs later and more likely to become dependent.: 

Those who start with alcohol at a younger age are more likely to use other drugs later and more likely to become dependent.

Slide 6: 

Underage drinking is most likely to take the form of “binge drinking”

Juvenile Drug Use Trends: 

Juvenile Drug Use Trends 2. Daily Marijuana use Highest levels since early 1980’s

Slide 8: 

In 2010, 21.4 percent of high school seniors used marijuana in the past 30 days, while 19.2 percent smoked cigarettes.

Juvenile Drug Use Trends: 

Juvenile Drug Use Trends 3. Ecstasy Use highest levels since early 1980’s

Juvenile Drug Use Trends: 

Juvenile Drug Use Trends 4. Prescription Drug Abuse

Slide 12: 

Monitoring the Future Survey National Institute on Drug Abuse; Interviews with 46,500 students in 8 th , 10 th and 12 th grade

What is the cost?: 

What is the cost? Health care Productivity loss Law enforcement/Incarceration Loss of life

Why do kids use drugs?: 

Why do kids use drugs? Parents do Peer pressure Self-medicating Experimentation

Juvenile Drug Use and Public Schools: 

Juvenile Drug Use and Public Schools

U.S. Supreme Court case law : 

U.S. Supreme Court case law Protection v. Privacy

4th Amendment: 

4 th Amendment 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.

: 

Protected against unreasonable searches and seizures Warrants require probable cause and need to be made under oath

4th Amendment includes:: 

4 th Amendment includes: the Right to Privacy

Are we going to afford school kids those same rights?: 

Are we going to afford school kids those same rights? Should we?

New Jersey v. TLO (US 1985): 

New Jersey v. TLO (US 1985)

New Jersey v. TLO (US 1985) : 

New Jersey v. TLO (US 1985) Although students in a public school have privacy/4 th amend rights; the standard for searches by school officials is not based on probable cause, but rather, a lower standard, because of “special need” to maintain order in the classroom.

“Special needs” exception: 

“Special needs” exception

No probable cause is needed to get a warrant. : 

No probable cause is needed to get a warrant.

School searches can be based on Reasonable Suspicion. : 

School searches can be based on Reasonable Suspicion .

New test for reasonable search in school: 

New test for reasonable search in school Was search justified at inception? 2) Was it limited in scope to the initial justification? Must consider age/gender of student and nature of infraction.

Vernonia School Distr. v. Acton (US 1995): 

Vernonia School Distr. v. Acton (US 1995)

Is Individual Suspicion Required?: 

Is Individual Suspicion Required?

not really: 

not really

Slide 31: 

James Acton

Student’s 4th amendment privacy right: 

Student’s 4 th amendment privacy right

Now what is a reasonable search in school?: 

Now what is a reasonable search in school? Is there a legitimate school interest/concern? 2) How intrusive/inconvenient is the search compared to the student’s reasonable expectation of privacy?

Bd. or Education v. Earls (US 2002): 

Bd. or Education v. Earls (US 2002)

How strong must the school interest be?: 

How strong must the school interest be?

not that strong: 

not that strong

Slide 37: 

Lindsay Earls

Supreme Court :: 

Supreme Court : school is ‘guardian and tutor’ All extra-curricular students have a ‘lessened expectation of privacy” The intrusion is minimal About welfare and not punishment

http://www.law.duke.edu/voices/boe#: 

http://www.law.duke.edu/voices/boe#

Parens Patriae?: 

Parens Patriae?

How intrusive can the search be?: 

How intrusive can the search be?

depends on seriousness of the infraction: 

depends on seriousness of the infraction

Slide 43: 

Savanna Redding

SAFFORD Unified Sch. Distr. v. REDDING (US 2009).: 

SAFFORD Unified Sch. Distr. v. REDDING (US 2 009).

upholds TLO test: 

upholds TLO test A school search is "reasonable" if: 1) it is "justified at its inception" and 2) its intrusiveness is reasonably related in scope to the circumstances which justified the interference in the first place.

But, : 

But, A search ordered by a school official, even if "justified at its inception," crosses the constitutional boundary if it becomes "excessively intrusive in light of the age and sex of the student and the nature of the infraction.”

What’s next?: 

What’s next?

Can schools punish?: 

Can schools punish?

SRO: 

SRO

Juvenile Drug Use and the Criminal Justice System: 

Juvenile Drug Use and the Criminal Justice System

What is a drug crime?: 

What is a drug crime? Drug-defined offenses Drug-related offenses Drug using lifestyle and offending

What is a drug crime?: 

What is a drug crime? Drug-defined offenses possession Drug-related offenses drunk driving Drug using lifestyle and offending robbery to support heroin addiction

Can the criminal justice system handle drug offenders?: 

Can the criminal justice system handle drug offenders?

Slide 55: 

a lot of them generally, non-violent costs to lock them up limited treatment unsuccessful treatment

Adversarial System: 

Adversarial System

drug courts: 

drug courts