This comment begins with the story of Karlyle Plouffe, a young adult participant in the Mineral County DUI/Drug Treatment Court. Next, the paper details the Sixth Amendment fundamental rights afforded to all criminal offenders and the manner in which those rights apply to defendants upon entry into drug treatment court. The paper then details the Fifth Amendment privilege against self-incrimination and presents the sole exception to the rule—namely, that one must affirmatively waive that privilege. The paper outlines the history of drug treatment courts, as well as the Bureau of Justice Assistance’s best practices for drug treatment courts. Next, those best practices are compared to and contrasted with the Mineral County DUI/Drug Treatment Court practices. Finally, the paper proffers solutions to bring the Mineral County DUI/Drug Treatment Court into alignment with the Bureau of Justice Assistance’s best practices.
Michel Panaretos Fullerton,
Failing to Protect Participants' Fundamental Rights in Drug Treatment Court,
74 Mont. L. Rev.
Available at: http://scholarship.law.umt.edu/mlr/vol74/iss2/6