Essay on "Defendant Entitled to Dispute"

Essay 2 pages (726 words) Sources: 2

[EXCERPT] . . . .

Until definite conclusions are reached regarding their intervention and treatment, addicts may be in a far safer place protected by the government than they may be were they to be arbitrarily released.

Contemporary scientific knowledge shows that use of narcotics often produces a psychological and physiological reaction known as an acute brain syndrome, which is a "basic mental condition characteristic of diffuse impairment of brain tissue function." The characteristic symptoms of the syndrome are impairment of orientation; impairment of memory; impairment of all intellectual functions including comprehension, calculation, knowledge and learning; impairment of judgment; and liability and shallowness of affect (Hansford vs. USA; No. 19436., 1996)

Whilst the narcotic addict is on trial, he may be on withdrawal form narcotics. Were he to be released before trial, however, he may well resume his addiction potentially harming not only himself but also members of society through impairment of some of his faculties such as judgment and orientation. Drunk drivers, for instance, are responsible for huge statistics of deaths. Much of this can be prevented by untrustworthy and high-risk cases being retained on bond.

Even were the addict to promise withdrawal whilst on release, withdrawal symptoms have their own dangers which include "physical reactions such as perspiration, waves of gooseflesh, muscle twitch, body aches, hot and cold flashes, restlessness, sleeplessness, nausea, vomiting, and diarrhea. The subject may try to withdraw within himself, or may exhibit highly individualized patterns of anxious and irrational behavior, such as becoming quite antagonisti

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c, threatening suicide, assuming bizarre postures, or exaggerating his distress in dramatic ways, often as a purposive attempt to obtain drugs (Hansford vs. USA; No. 19436., 1996)

Either way, the subject is a danger to himself and to others and should not be released on bond before trial.

Sources

Doebbler, C (2006). Introduction to International Human Rights Law. CD Publishing. p. 109. http://books.google.com/books?id=mQ61oCPJ1GEC&pg=PA108&dq=right+to+fair+trial#v=onepage&q=right%20to%20fair%20trial&f=false

Hansford vs. USA; No. 19436., 1996

http://bulk.resource.org/courts.gov/c/F2/365/365.F2d.920.19436.html

United Nations. "Universal declaration of Human Rights." http://www.un.org/en/documents/udhr/index.shtml READ MORE

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Quoted Instructions for "Defendant Entitled to Dispute" Assignment:

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Is a defendant entitled to dispute the courts charaterization of him or her being a danger to society? Why or why not, explain your answer.

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