Cases:
Question 1
Introduction
In the given scenario we see that the rules of Education act which was revised in 2002 and initially it was Education Act 1972 it is mentioned that bringing or consuming or even keeping in possession cannabis, heroin, cocaine on the TAFE (The technical and further education) campus shall be treated as an offence and the concern person shall be penalised for the same accordingly. Section 25 of the Education Act 2002 was introduced in order to avoid drug trafficking on the TAFE campuses in Australia. TAFE is a body corporate having a perpetual succession and a common seal which is formed to provide further technical education which is required in the industry, community and among the students.
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that they cannot live without the same. According to certain measured statistics cocaine was used by about 17 million people worldwide as in the year 2007-2008. (UNODC, n.d.)
Situation 1: In the given scenario Winnie a girl is found licking a white powder which is Aspirin and is noted by the security guard.
Winnie in this case shall not be found guilty though Aspirin is a drug because the medicines that are available in the market are sold by certain licence and authority and Aspirin is one of those drugs which is consumed by a particular person when prescribed by the doctor or in general in order to cure certain aches of the body, example: headache. Macquarie Dictionary though defines Aspirin as a drug but it helps in treating people having pain, fever and inflammation. Being prescribed under the usage from a doctor the medicine or drug is also used to prevent heart attack strokes and angina (chest pains).
There is not any single and prescribed explanation for drug, the drugs is classified in two was whether it to be illegal or legal and this depends on what purpose it has been used for. Accordance to the definition and explanation it can be considered that Winnie has breached sec 25 of the TAFE Education Act 2001, the point of argument shall be that thought she was caught having or licking the Aspirin powder in the campus hence it has to be understood the source from which she had bought the same. The section 25 of the TAFE Education Act 2002
Education Act 1996 places a legal duty on the parent or guardian of a child aged five to sixteen years (known as compulsory school age), to ensure that their children or child attends and receives full-time education, either in a traditional school or any other means that is appropriate for their age, ability, and aptitude, taking into account any special needs they may have. The Act makes it a criminal offense for a parent or guardian to take their child out of school without authorisation from the school, and an offense for parents who are aware that their child is failing to attend school to not take reasonable action to ensure that the child attends. The offense of failing to ensure regular attendance at school is punishable by up to three months’ imprisonment and/or fine up to one thousand pounds.
The Elementary and Secondary Education Act (ESEA), brain child of President Johnson, was passed in 1965. ESEA was intended to mitigate disparities in access to quality academic services and learning outcomes endured by underprivileged and minority students by federally funding schools serving their communities. ESEA, later revised as No Child Left Behind, was to be one element in a larger reform agenda focused on urban redevelopment, vocational training and “EDUCATION AND HEALTH” (Thomas & Brady, 2005). In his 1965 State of the Union, Johnson proclaimed, “No longer will we tolerate widespread involuntary idleness, unnecessary human hardship and misery, the impoverishment of whole areas… ” Nevertheless, this intractable problem remains, as illustrated by recent National Assessment of Educational Progress findings:
Cocaine is a naturally occurring substance deriving from the Erythroxylum coca plant. The coca plant is autogenous to Indonesia, South America, Mexico and the West Indies. Historically, many cultures have utilized coca leaves for religious and ceremonial applications. Cocaine itself remains prevalent in literary and artist works of many cultures and continues to be represented in archeological finds around the world. In South America the leaves were often chewed to help the indigenous tribes overcome hunger. To many other civilizations it was considered a sacred gift from the gods. Cocaine was often used as local anesthetic for a plethora of ailments.
Savana sued her school district, claiming unreasonable search and seizure, and her case went all the way to the Supreme Court(Amy E. Feldman).”School Officers claimed that Ms.Redding was holding Ibuprofen on school grounds. She was called to the office following another student who confessed that she was receiving pills from Ms.Redding. Another student’s confession is not reliable enough for a search or a seizure. The student who was called down has had previous records of drug usage, therefore the probability of her telling a lie was very high at this point.”In the case of Safford Unified School District v. Redding—25 years after the T.L.O. case—the Supreme Court found that Savana’s rights had, in fact, been violated and stated that a search by a school must not be "excessively intrusive in light of the age and sex of the student and the nature of the infraction.(Amy E. Feldman).” The officers at the school claimed Ms.Reddings to be possessing IBuprofen.A probable cause would be to search her purse or backpack, which was the initial search. Nevertheless, subsequently, the school nurse checked her body from her head to her toe, till the only thing covering her, was her underwear.After finding
An adolescent named Savana Redding was in her math class when she was asked to go to the principal’s office. Redding was then question about the items in a planner which she stated did not belong to her. She was later questioned about the four white prescription-strength ibuprofen 400-mg pills and one over-the-counter blue naproxen 200-mg pill, all used for pain and inflammation but banned under school rules without advance permission. The principal asked Redding if she knew about the pills that were discovered and she answered no. The principal then disclosed to Redding that he was told that she was disbursing the pills to fellow students to which she denied. To prove her innocence she allowed the principal to search her belongings. The principal
Assisting – At the request of the service user, opening bottles and packets; removing lids; popping pills out of packages when the service user cannot physically do this and has asked the care worker to help with that specific medicine; shaking bottles.
Drug Policy, this policy and PSHE & Citizenship Policy overlap as the rules to be adhered to are in conjunction with the PSHE & Citizenship Policy. The purpose of a Drugs policy is to protect staff and students alike so this is a dual policy action; it is pupil welfare and staff procedures. It is also to give a clear statement of where the school stands on the subject of drugs. This policy is also to determine how we, as staff at the school, respond to and deal with drug incidents and to clarify our legal responsibilities. What we perceive as a drug is a substance which when taken into the body changes the way we act and the way we see things. Drugs can be legal substances such as alcohol, volatile substances and prescribed drugs, as well as illegal substances. Students are not permitted to use these at school (unless they are medication prescribed by the doctor and kept in accordance with the correct procedures). Likewise, it would be unethical and a disciplinary offence if a member of staff were using these substances at school or even prior to coming to work and was still under the influence of any substance which would affect the way they conduct themselves
The mandatory sentence of two years’ imprisonment is unconstitutional because it is “cruel and unusual punishment” which infringes upon the accused’s right not to be subjected to such treatment. Firstly, it is determined that the mandatory minimum sentence in this case is grossly disproportionate to the accused’s circumstances and would be reasonably foreseeable that the provision would have the same overreaching effect on other offenders. Secondly, the provision in question in the Controlled Drugs and Substances Act is not saved by section 1 of the Charter as it has failed the prescribed Oakes test. The test gives weight to the law’s objective in comparison to the means of achieving it, which in this case, impaired too heavily on the right of the accused.
A 13-year-old girl named Savana Redding's math class at Safford Middle School on October day in 2003. The assistant principal of the school, Kerry Wilson, came into the room and asked Savana to go to his office. Savana stated that none of the items in the planner belonged to her. Wilson then showed Savana four white prescription-strength ibuprofen 400-mg pills, and one over-the-counter blue naproxen 200-mg pill, all used for pain and inflammation but banned under school rules without advance permission. He asked Savana if she knew anything about the pills. Savana answered that she did not. Wilson then told Savana that he had received a report that she was giving these pills to fellow students; Savana denied it and agreed to let Wilson
b.)The misuse of Drugs act 1971 and amendments 1985, 2001 -this controls dangerous or otherwise harmful drugs designated as Controlled drugs (CD). The main purpose of this act is to prevent the misuse of controlled drugs. CD’s are prescribed
Rule: ‘“While in some of the cases cited and relied upon by the Commonwealth lesser amounts of drugs were in issue, there was evidence in addition to the drugs themselves which was susceptible of an inference of the intent to distribute and which was inconsistent with the notion of personal use.’ Commonwealth v. Wooden, 13 Mass.App.Ct. 417, 423–424, 433 N.E.2d 1234 (1982).” Com. v. Ahart, 63 Mass.App.Ct. 413 (2005)
Although the officials were acting on reasonable suspicion, and there was no reason to suspect that the prescription drugs were hidden in her underwear or presented a danger, the school was not justified in searching the student since the search was a violation of the Constitution. Additionally, T.L.O. directs school officials to limit search inappropriateness concerning the student’s sex and age as well as the nature of the infraction. As such, the inappropriateness of the search conducted in this case is unjustifiable with relation to the circumstances.
To understand the devastating effects of cocaine one needs to understand its history and how it became one of the most potent drugs in today’s society. Cocaine is extracted from the coca leaves and is one of the oldest and natural stimulants. Ancient Incas and native Peruvians chewed cocas leaves for religious ceremonies and to counter the effects of living in thin mountain air and air sickness prevention. To this day Peruvian markets sell coca products, from teas, soft drinks, cocktails and candy; its use is accepted and is an integral part of their culture and way of life. So the question one must ask is when did this natural product become a notorious drug that is abused by many?
Aspirin was a chemical substance that was created in 1899, by a scientist who worked in the Bayer company of Germany. But before the actual "Aspirin" that we have now was created; thousands of years ago, doctors of Native American tribes, actual Indians, Ancient Greeks, and even Ancient Egyptians used the bark and leaves from willow trees to relieve aches and pains. Later on 3 scientist, Brungnatelli, Fontana, and Johann Buchner, discovered that the Willow tree contained salicin, a naturally occurring flammatory substance. Then a key composition was added to the list of ingredients over a 100 years ago when something called acetylsalicylic acid, was founded. In the 1970 's researchers learned that a chemical substance named prostaglandins, was found in Aspirin, this substance is connected to the pain