[Vision2020] North Idaho Poachers Taking Heavy Toll On Game

[Tom Hansen]

Then . . .

What about the indigent person who poaches elk/deer for the cash value of the racks . . . using the "revenue" to purchase food?

And, if the law is modified such that indigant people can't even be charged with the crime of poaching, what is to stop the more financially-secure poacher from copping the "I am indigent and only sell the elk/deer racks to put food on my family's dinner table" plea?

If the financial stability of the perp is the determing factor in whether or not the above cop-out plea may be applied, at what amount of financial worth is the line drawn?

Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
http://www.MoscowCares.com
  
Tom Hansen
Moscow, 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 9:40 AM, Sunil <sunilramalingam at hotmail.com> wrote:
> 
> 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 Hansen
> Moscow, 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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