Tuesday, February 5, 2013

Good-doers vs Do-gooders

Good samaritans may have to re-think the way they behave.  Apparently it's criminal!
Should an Indiana couple go to jail for saving Bambi?

That’s the question surrounding the case of Jeff and Jennifer Counceller, who rescued an injured fawn and nursed it back to health at their Connersville, Ind., home. The couple now faces the possibility of jail time and fines after state officials charged them with a misdemeanor for harboring the animal.

Jeff Counceller, a police officer in Connersville, and his wife were charged with unlawful possession of a deer, a misdemeanor that punished to its fullest extent could put the Councellers in jail for up to 60 days and cost them up to $2,000 in fines.

The couple rescued the deer more than two years ago after finding it on their neighbor’s porch. The Councellers said the deer had sustained injuries, and they wanted to nurse it back to health.

“I could feel all of the open wounds all along her back side and she wouldn’t stand up,” Jennifer Counceller told ABC News.

They brought the deer home and named her Little Orphan Dani.

The Councellers said an Indiana Conservation Officer stopped by their home and discovered the deer this past summer. The Indiana Department of Natural Resources wanted to euthanize Dani, saying she might be dangerous and a threat to people.

“I was devastated. I spent a year and several months nursing her into adulthood, getting to the point where she was able to go out on her own,” Counceller said.

On the day Dani was to be put down, the Councellers said she inexplicably escaped from their backyard. Even though Dani disappeared back into the wild, the Councellers’ legal problems didn’t go with the fawn.

This is another report detailing massive over-reach on the part of government, criminalizing not just trivial behavior, but good behavior as well.  I can't write a better paper on the subject than Glenn Reynolds, so read Ham Sandwich Nation: Due Process when Everything is a Crime now!
Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.
The Oligarchy is out in force, making sure you don't do ANYTHING without permission, from resucing wildlife to encouraging your children to start up a lemonade stand.  If you don't take a stand this will only get worse.  I've said it before, but I will say it again: liberty lives or dies on our action or indifference.

1 comment:

  1. Seriously?!? Constitutional Convention man, we need to do it.