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Re: High Crimes Are Misdemeanors/Information



Although tonight's DN article mentioned the "misdemeanor" offense, Idaho Code 
18-2407 provides that grand theft occurs when property taken or deliberately 
killed is livestock or any ohter animall exceeding $150 in value.  That felony 
is punishable by a minimum fine of $1000 (max $5000) and 1 to 14 years in 
prison.  So, as in other theft and destruction of property instances, the value 
of the "property" (in this case the cat) will determine the possible 
punishment.  Regardless of the possible punishment, many other factors would be 
considered in the actual sentence.  
Regardless of what we may think should be the philosophy of punishment for 
these crimes, the Idaho legislature in its infinite wisdom has already 
considered and decided the matter. 
Incidentally, the Idaho Code is available on-line at www2.state.id.us.
And, yes, I'm told the 2 is necessary to include in the address.

Mike Curley



> Date:          Tue, 27 Jul 1999 17:49:14 -0700
> To:            vision2020@moscow.com (Vision 2020)
> From:          Robert Hoffmann <escape@alt-escape.com>
> Subject:       Re: High Crimes Are Misdemeanors/Information

> At 08:26 PM 7/27/99 -0400, Philip Cooper wrote:
> >GM, strongly concur.  The crime should be a felony.
> 
> What if the person had only killed one cat?  Should that be a felony?
> 
> Remember, each killing is already a separate misdemeanor offence.  I don't
> know the maximum punishment (maybe Dan Weaver or someone can let us know),
> but let's say each offence has a maximum punishment of a $5,000 fine and/or
> 3 months in jail.  Someone with a clean record who is then convicted of one
> such crime probably wouldn't get the max.  But someone convicted of
> numerous related (similar) crimes may just get the book thrown at them.
> The aggregate punishment of those offences already adds up to felony-type
> time in prison, and massive fines.
> 
> On the other hand, if EACH offense were a felony, you could probably expect
> such a person to spend twenty-to-life in jail.  I just don't see it.  I
> don't find that to be commensurate with the crime.  Furthermore, I don't
> want my tax dollars to go for the lifetime food, lodging & medical care of
> someone who went on a cat killing spree.  The person needs some punishment,
> but probably a good head shrinker more than anything else.
> 
> And when the person is caught, I suspect counselling will indeed have a
> major share of the sentence.
> 
> 
> 
> Bob Hoffmann                         229 East C St., Suite B
> Alt-Escape Adventures                Moscow, ID  83843  USA
> http://www.alt-escape.com            Phone: (208) 883-0642
>                                      Fax: 1-800-683-3799
> 
> 




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