quote:

Originally posted by erict:
- The hunter made a mistake in the heat of the moment.
- The hunter did the right thing to report it.
- Law enforcement did the right thing by investigating and charging the hunter.
- After a finding of guilt, the judge did the right thing by imposing statutory fines.

- The Montana legislature did a poor job writing the restitution portion of that law. It leaves no leeway for differentiating between a true poacher who INTENTIONALLY and/or KNOWLINGLY committed the act and a hunter who RECKLESSLY (should have known better), committed the act.

- The hunters lawyer probably should have pursued a plea that avoided imposition of the restitution section.

quote:

Originally posted by Bigasanelk:
"How do figure that $30K restitution penalty would "essentially mean lifetime financial ruin" when people are buying vehicles that cost more than that every day and not going bankrupt!"

- A vehicle is a discretionary purchase and one can choose not to buy the vehicle in the first place.
- They are getting something of personal tangible value for the money.
- In many instances $30K vehicles are leased and the buyer never pays the full price.
- They can choose the vehicle that suits their needs at a price they can afford. Not everything on the lot costs $30K.
- To a varying degree, they can set the payment terms. 8 year new car loans are not unheard-of.
- In some instances the vehicle can be depreciated and is a tax write-off for a business.
- The vehicle can be sold, traded off or given up if times get tough.

Surveys have shown that an unexpected expense of $1000 would be very difficult for a surprisingly large percentage of Americans to cover, even for people with relatively high incomes. A $30,000 restitution penalty, at the wrong time - with the alternative being hard time in jail - could indeed push many into a hole that they might never be able to climb out of.

I'm not in the income bracket that most on this site are in and I know for sure that I could never pay that kind of penalty off in my lifetime. So I don't break the law. That's simple enough but shit can happen and these "zero tolerance" laws are not conducive to doing the right and ethical thing if it does happen. Especially when one can simply walk away and most of the time there's little chance of getting caught as long as they keep their mouths shut. Most poachers are busted by bragging about their misdeeds on social media or loose lips after a few drinks.

quote:

Originally posted by Bigasanelk:
T.G. '06 -
I TOTALLY agree with you about the lawyer! The guy screwed himself by not getting the best attorney he could find.
The bad part is that this sort of penalty under these conditions will eventually undermine cooperation between LEO,s and the public, much like the unwritten "no snitch" rule of the ghetto. Conservation officers rely on public cooperation much more heavily than other LEO's do, as witnessed by fact that almost every state has a dedicated 'report all poaching' hotline. I have yet to see a dedicated 'turn in dope dealers' hotline. Most wildlife crimes would go unsolved if nobody self reported like the sheep hunter did or 'dropped a dime' if they saw something.