Mass.

Drug Lab Chemist Caused 'Egregious Damage' (Reflection Paper)

The Case
A chemist accused of falsifying drug tests in a Massachusetts state crime lab may have influenced the outcome of drug cases involving more than 40,000 people, a former prosecutor tapped by Governor Deval Patrick to investigate the case said on Tuesday. Anne Dookhan, 35, was arrested in September and charged with lying about the integrity of drug evidence that she analyzed. Prosecutors contend that during her nine years as a state drug lab chemist, Dookhan handled an unusually high volume of evidence by confirming that drug evidence in criminal cases were illegal drugs simply by looking at them, rather than through chemical tests. The investigator, former prosecutor David Meier, said his team found that Dookhan handled drug evidence linked to some 40,323 people.

The Issue
Falsifying drug test result is a serious offense. To be qualified and authorized to test drug samples is not just simple and not just anybody can do drug testing. The forensic department heavily relies on the results of the test, because along with the result, the fate of the alleged person will be decided, whether he will be freed or put behind the BARS!! The actions taken by Anne Dookhan is a serious violation to Chemistry Act of 2010, The Code of Ethics set forth by the Board of Chemistry, and to the Comprehensive Dangerous Drugs Act of 2002. First off with the Chemistry Act of 2010. Under the Act, Article I section 4, the professional practice of chemistry covers the performance of a service related to the public interest, public safety, legal or regulatory matters. Furthermore, on section 29 of Article III is also violated upon publishing false results, which can lead to the revocation of the license of Dookhan. Under Chemistry Act of 2010, this is a serious offense.

Now, lets see consult to the Code of Ethics about the actions taken by Dookhan. By violating the other laws, she has already violated sections 1 and 5, in which she had dishonoured the profession of chemistry by falsifying the results of the drug test. Furthermore, his act is unfair and unreasonable both to the Crime Lab and to the subjects of the test, a violation to the sections 6 and 7 of this code. Due to these violations, she had greatly dishonoured the profession of chemistry. R.A. 9165 otherwise known as the Comprehensive Dangerous Drugs act of 2002 also tells us that the actions taken by Dookhan are illegal. Any person authorized, licensed or accredited under this Act and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug test results knowingly, wilfully or through gross negligence, shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100, 000.00) to Five hundred thousand pesos (P500, 000.00). An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a practitioner, and the closure of the drug testing centre Article III section 37. The offense is also in line with the Article III section 29 of the Chemistry Act of 2010.

Reflection
Handling Drug tests should not be taken lightly. Imagine by falsifying results, there are only two possibilities. One is that you are going to free an alleged person from his criminal case even if he should be convicted in a lawsuit. Another is that you are going to put an innocent person behind the bars in which, its your conscience thats your primary enemy. Chemist doing the tests must be very reliable, must maintain the integrity of the Chemical Professions because our role in the society is vital. In the case of Anne Dookhan, she has dishonoured the Chemical Profession by violating the code of ethics and the R.A. 9165 and R.A. 754. Her actions had made her guilty of falsifying lab results.