[Vision2020] North Idaho Poachers Taking Heavy Toll On Game

[Kai Eiselein]

If someone is getting unemployment and/or food stamps, I'd say that's a pretty good indication of necessity and would pretty easy to verify.




________________________________
> From: thansen at moscow.com 
> Date: Sat, 19 Apr 2014 10:01:50 -0700 
> To: sunilramalingam at hotmail.com 
> CC: vision2020 at moscow.com 
> Subject: Re: [Vision2020] North Idaho Poachers Taking Heavy Toll On Game 
>  
> 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<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<mailto: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<mailto:thansen at moscow.com> 
> Date: Sat, 19 Apr 2014 09:19:49 -0700 
> To: fotopro63 at hotmail.com<mailto:fotopro63 at hotmail.com> 
> CC: vision2020 at moscow.com<mailto: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<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<mailto: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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