Normally I would, Dave, but I don't recall ever having been so pessimistic about LE reaching an appropriate resolution to this case and your question in many ways casts a light on the mad sort of thinking indulged in by Hunter et al when affording the Ramseys such privileges.
Sophie, you have no idea. I wasn't going to do this, but I feel I have to.
Our parents always told us that talking politics will lead to an argument. Well, I'm about to talk politics, and I'm HOPING to start an argument, and argument that I feel
needs--NEEDS-- to be had.
I've often spoken on how Boulder politics in the DA's office hindered this case. But in my view, the
"mad sort of thinking indulged in by Hunter et al when affording the Ramseys such privileges" in this case is only a symptom of a MUCH larger problem, a problem that began a long time ago. Bear with me here, folks.
I sum it up in the book this way:
Hunter had been elected in the late Sixties and never voted out. And he was very much a product of the era that marked his rise, that terrible and terribly romanticized period in time when violent crime was hip revolutionary action, war was fine as long as the "pigs" were dying, and Big Government was seen as the solution to every problem.
But that only scratches the surface. It behooves us to take a look at that era from a legal standpoint and see just what kind of cluster-schtupp could have allowed someone like an Alex Hunter to get into power in the first place. During the 1960s, the Supreme Court of the United States broke from its traditional role in government and embraced judicial activism with a vengeance. And the captain of this ship of fools was none other than the late Earl Warren. Under his stewardship, the Court discovered bizarre "new" rights every week or so, and many of those rulings, which are taught in every law school in the nation, have had an effect on the American legal system that is no less than disastrous.
The first one was
Mapp v Ohio from 1961, in which the Court ruled that evidence in a criminal case must be excluded if obtained without a valid search warrant. Even Benjamin Cardozo wondered why the criminal should go free because the constable has blundered. Up until
Mapp, if police officers acted improperly, it was up to the department to correct the problem. For almost 180 years, there had been no such provision, and yet America did not suffer an epidemic of abusive police power. Never occurred to them that MAYBE the Founding Fathers knew what they were doing.
Even worse was the 1966 decision in
Miranda v. Arizona, where the Court ruled that if a suspect was not informed of and/or did not understand his right to silence and an attorney, any confession that was made would be inadmissable as evidence against him. When he was questioned about this, Warren replied that his aim in making the decision was to prevent police officers from using coercive methods during interrogations--methods which had already been banned.
In both instances, the Court applied solutions that were not needed to problems that did not exist, and in so doing made things far worse than they found them. HOW much worse? Well, according to the National Center for Policy Analysis:
After the Miranda decision, the fraction of suspects who confessed dropped from 49 percent to 14 percent in New York. In Pittsburgh, the confession rate fell from 48 percent to 29 percent...Following the decision, the rates of violent crimes solved by police fell dramatically, from 60 percent or more to 45 percent...This means that each year there are 28,000 fewer convictions for violent crimes, 79,000 fewer for property crimes.
Look, I don't know how folks on this forum lean politically, and I don't care, because if there's one thing we should all be able to agree on, it's that we all have a vested interest in making sure that criminals are punished. The Court made it more difficult for that to happen because they put politics ahead of duty. One of my favorite saying concerning this case is that justice should be blind, but it shouldn't be crippled as well. The Warren Court decisions were ground-zero for taking the handcuffs off of the crooks and putting them on the cops.
You have good reason to be pessimistic, Sophie. Alex Hunter didn't appear in a vacuum, which would be bad enough. The damage has been done.
There's an old saying in American politics: you get the government you deserve. Boulder
deserved Alex Hunter, Mary Lacy, and the rest of them. May they ALL rot together. But JB and all the other victims--past present and future--DAMN well deserve better.