Essay on Drug Testing for School Athletes
Drug testing of school athletes reverses the legal principle that we are innocent until proven guilty which thus going against one of the most fundamental concepts of criminal law. In the Fifth Amendment it states: “…nor be deprived of life, liberty, or property, without due process of law…” (Cayton). This statement implies that it is guaranteed to us that we are to be assumed innocent until proven guilty. Some people might argue that schools shouldn’t need overwhelming evidence to ensure the safety of their students (High School and Youth Trends). However, it is clearly outlined within the Constitution that in order to test student-athletes for drugs, there must be compelling, and convincing evidence to base the accusations on or else the due process of law guaranteed to us in the Fifth Amendment is violated (Innocent Until Proven Guilty). Drug testing athletes without probable cause essentially tells students that they are guilty until they prove their innocence by taking a drug test.
Without sufficient evidence to base accusations on, drug testing student-athletes is essentially asking them to provide the evidence of their own guilt. This is clearly in violation of the Fifth Amendment which clearly states that no person shall force to provide evidence to prove