Comments: Boulder DA - Life Begins at Inhalation

I have some very unpopular and contrarian views on this. I thought if anyone I knew might be in my camp, it might be my blog brother jg. As the great philosopher Peter Green of Fleetwood Mac said: "Oh, well."

This is a horrific crime and excruciating tragedy. I rarely quote Justice Oliver Wendell Holmes, Jr. (who -- as far as I know never played for Fleetwood Mac), but his famous dictum applies here:

Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance... but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment.

DA Garnett is applying the law as written -- a value for which I stand fulsomely. Our Republican legislators will again make a quest to pass "personhood." This has failed badly at the polls, twice, and in the State Legislature. It shall be revived now as "So-and-so's Law" to provide justice.

The alleged perpetrator is deeply disturbed and subject to many serious charges. That one of them is not named "murder" may not seem right, but appreciation for rule of law is right.

Posted by jk at March 29, 2015 10:17 AM

We discussed this briefly at family potluck last night and I concluded it is a conflict between two important principles: "Innocent until proven guilty" and "alive until proven dead." Which may prevail in a court of law is anyone's guess. But it should not matter. The Unborn Victims of Violence Act, codified in 2004 at the federal level and adopted in some form by 38 states not including Colorado, impresses me as good law. My less than thorough understanding is that Colorado's "Personhood" initiatives overreached and thus sealed their fate. An initiative seeking to "adopt in Colorado law the federal law criminalizing the murder of unborn children with a clear and specific exception for abortion" would, it seems to me, pass with a large majority. The laboratories of democracy seem to agree with your and my conclusion that failing to try this assailant for murder (and instead try her for attempted murder of, whom, the mother?) does "not seem right."

More than jailing this monster for as long as is deserved, I seek to change Colorado law so that it reflects "the will of the people" in protecting individual liberty. And I seek to shame Boulder's Coroner and DA who, it is my firm belief, could have found the needed evidence if they had looked for it. And further shaming the DA for his convenient conversion to "law as written" absolving him from any duty of professional judgment.

Posted by johngalt at March 29, 2015 11:43 AM

I will yield on the charge of "murder" as the suspect did not appear to intend the child's death. To the contrary, she claimed her as her own newborn child. So the proper charges seem to be kidnapping and manslaughter.

But the point of the discussion is whether or not the newborn is a human life in the eyes of the law. That this even requires debate is a ludicrous byproduct of a misguided debate over abortion rights.

Posted by johngalt at March 29, 2015 12:43 PM
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