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Old 08-27-11, 07:31 AM   #1
Platapus
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This was just an arraignment.

At an arraignment the judge reads all the charges the prosecutor is considering and accepts a plea from the defendant.

After the defendant pleads not guilty, the prosecutor will reexamine the charges and the validity of the case. Depending on how the prosecutor evaluates the case (both judicially and politically, unfortunately) charges may be lowered or dropped entirely.

Large numbers of people who are arraigned have the charges dropped.

A review of U.S. Code Title 16 section 1538 does not reveal any prohibitions that would apply to this case.

A review of CFR Title 50 Section 17.21c2 does state

Quote:
Notwithstanding paragraph (c)(1) of this section, any person may take endangered wildlife in defense of his own life or the lives of others.
I suspect these charges will be dropped.

The prosecutor would have to prove that this person was not in fear of his or his family's lives. A mother grizzly bear and her cubs outside a reserve an on personal property, evidently hunting for food, would reasonably be considered a threat.

Not that I agree with Hill's conduct. But I don't believe his actions would be illegal.
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Old 08-27-11, 07:39 AM   #2
AVGWarhawk
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I would have shot the bear as well if there was simply no alternative. Just as the mother bear protects her cubs with no regard for self so do human's when it comes to their cubs and safety. I agree this is a waste of tax payer's money.
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Old 08-27-11, 07:50 AM   #3
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Originally Posted by AVGWarhawk View Post
I agree this is a waste of tax payer's money.
I respectfully disagree. There is a process of finding out the facts and rendering an official (judicial) decision.

An act that is illegal was committed.

A grizzly bear was shot and killed. Killing a grizzly bear is illegal. There are laws against this. However, these laws also include exceptions which may allow justifiable or excusable outcomes.

The next process is to determine whether this specific act was justifiable or excusable from a judicial standpoint. Due process involves not only an investigation but also a series of hearings/evaluations.

Judicial Due Process is never a waste of money. It is one of our most precious civil rights. In my opinion, the most precious. All our other civil rights are worthless unless we have the right to judicial Due Process.

Due Process needs to be applied equally to those we feel may be guilty as well as to those we feel may be innocent.
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Old 08-27-11, 08:01 AM   #4
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This man obviously chose to live right next to a Griz recovery zone in an area that contains several types of bears and other wildlife that should concern a parent. If that's your choice it limits letting your children roam and play at will. I'm sure bears wander his property all the time, should he shoot them all?

He should follow the law or move and he should be charged with a crime.
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