Clifford Helm has a right to remain silent – just like everyone who’s protected by the U.S. Constitution.

He’s been exercising that right ever since the collision 11 months ago in which five Chewelah children were killed. Without his cooperation, Washington State Patrol investigators have nevertheless concluded that Helm, who was northbound in the southbound lane of U.S. 395 when the fatal crash happened, should be charged with vehicular homicide.

Ultimately, it’s up to Spokane County Prosecuting Attorney Steve Tucker to decide what happens next.

In a remarkable demonstration of forgiveness, however, the Mennonite family of the crash victims has asked that Helm not be prosecuted. They say it was an accident, beyond anyone’s control.

The request is admirable for the compassion it represents. But it’s not in the best interest of the public, which has a stake in fair and consistent enforcement of the law. The privilege to drive a motor vehicle on public streets and highways carries a set of legal obligations. Failure to meet them calls for consequences that become meaningless if not enforced

The law, after all, is not just a private deal between two citizens. It is a broad compact that maintains social order and gives citizens a sense of safety and security.

The family of Carmen, Jana, Carinna, Jerryl and Craig Schrock has taken a position that’s in sharp contrast with views aired by several indignant community members shortly after last fall’s tragedy.

“What are you hiding, Mr. Helm?” asked the author of a letter to the editor published in this newspaper shortly after the accident. “Why is Helm refusing to talk to investigators while hiding behind a lawyer?” asked another.

It is to avoid such emotional rushes to judgment that the Bill of Rights and the American criminal justice system established procedural safeguards for those charged with crimes. Safeguards that include the Fifth Amendment, which gives a suspect a choice about whether to give evidence against himself.

Those same protections also will assure that Helm receives a fair trial during which his rights will be fully protected.

Since Nov. 1, professional law enforcement authorities have examined the accident scene, run tests, interviewed witnesses and compiled nine volumes of investigative files. Tucker has a duty to look at that evidence and decide whether it makes a case that he can present in court. Such a decision must be based on the law and the protection of the public, not the sympathy of a bereaved family.