[Vision2020] North Idaho Poachers Taking Heavy Toll On Game

[Sunil]

Kai,

I say 'yes,' the person feeding his family should be treated
 differently, and it should start with the law itself. It should provide
 for different treatments, or perhaps create a necessity exception that 
would excuse the first person in your example. Since judges will vary 
widely on the punishment end, to argue mercy should be provided there is
 to live in Dreamland. 

Juries generally don't assess punishments, except for the death penalty. Their verdicts may create sentencing ranges, depending on the charges, or they can acquit.

Tom says, 'Where the "trophy poacher" may be sentenced to some jail 
time and a heavy fine, the indigent person may be sentenced to a short 
term of probation.'

I think the positions are more likely to be reversed in the real world.

Sunil

From: thansen at moscow.com
Date: Sat, 19 Apr 2014 09:19:49 -0700
To: fotopro63 at hotmail.com
CC: vision2020 at moscow.com
Subject: Re: [Vision2020] North Idaho Poachers Taking Heavy Toll On Game

Kai Eiselein suggests:
"Let's say a person is unemployed and needs to feed his/family poaches a deer or an elk for food, should that person be treated the same as a trophy or money poacher who only takes the rack, hide or parts that have cash value?"
As much as I hate to say this, Mr. Eiselein . . . 
Yes.  A law is only as strong as the people who enforce it.
In both cases, "trophy poachers" (who take the elk/deer racks for their cash value) and indigent people (who are striving to put food on the dinner table), are guilty of the crime of poaching.  
The individual reason for poaching may be presented during the judicial process.  At which time the judge or jury may impose punishment commensurate with the motivation behind committing the crime.  In military courts-martial, that portion of the judicial pricess is referred to as "presentation of matters in extenuation and mitigation".  Where the "trophy poacher" may be sentenced to some jail time and a heavy fine, the indigent person may be sentenced to a short term of probation.

Seeya 'round town, Moscow, because . . .
"Moscow Cares" (the most fun you can have with your pants on)http://www.MoscowCares.com  Tom HansenMoscow, Idaho
"There's room at the top they are telling you still.But first you must learn how to smile as you kill,If you want to be like the folks on the hill."
- John Lennon  
On Apr 19, 2014, at 8:32 AM, Kai Eiselein <fotopro63 at hotmail.com> wrote:

Let's say a person is unemployed and needs to feed his/family poaches a deer or an elk for food, should that person be treated the same as a trophy or money poacher who only takes the rack, hide or parts that have cash value?
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