The worst examples of criminal activity are those committed by people in positions of trust. Cops in the line of duty, ministers attending to their congregations, attorneys as officers of the courts, elected and appointed officials at all levels of government, school officials, the list goes on and on.
Some act out of arrogance, some act out of greed, some act out of mental or emotional problems, some simply succumb to temptation.
Most states have, like New Mexico, reacted to drunk driving problems out of political considerations. Taking a relatively common traffic offense and elevating it to a level similar to intentional and violent criminal acts, mandatory arrest policies, attaching enormous penalties (fines, jail time, civil actions restricting driver licensing, etc) that can be much greater for a first-time DUI than for a repeat violent offender.
Passing such laws is easy to do, and rewards legislators with voter approval at election times. Arresting the perpetrators gains praise an accolades for police officers (as well as increased funding via grants and revenue sharing policies). Prosecuting the offenders secures public attorneys of positive publicity and increased support at the polls.
Meanwhile, the cops see the huge majority of criminal defendants walk without charges, or negotiated plea deals with little in the way of actual penalties while the officers are subjected to attacks at every step of the process. Do some of them wonder why they should bother, why they should do the paperwork, why they should miss days off or change vacation plans in order to attend court proceedings?
Prosecutors face choices every day based on budgets, staffing, court schedules, and other factors. Decisions must be made about which cases to proceed with, which to bargain away, and which to dismiss. I suspect that such decisions may be based upon likelihood of winning, likelihood of advancement, likelihood of positive publicity.
Defense attorneys probably understand the limitations of the justice system and how things can be manipulated in favor of clients paying their fees, while also building a reputation that draws more paying clients.
Not a perfect system, certainly, but probably the best system ever devised for a free society.
I'm not making excuses for any person or group, just trying to offer some perspective. Everybody involved is human, and every human is subject to failures (performance, judgement, attitude, moral, ethical, a long list).
Still, those in positions of trust must be given the fullest possible treatment, no breaks, no sympathy. Stake them out on the anthill and walk away. Set the example for everyone else.
Kind of like how I would like to see the entire system work in every case.
