Couple Faces Jail Time for Saving Baby Deer's Life

[krome2ez]

Couple Faces Jail Time for Saving Baby Deer’s Life

Daniel Dew

January 30, 2013 at 1:24 pm

An Indiana couple is facing up to 60 days in jail and $2,000 in fines for saving a deer from death. Jeff Counceller, a police officer, and his wife Jennifer spotted an injured baby deer on their neighbor’s porch. Instead of turning a blind eye to the dying fawn, the Councellers took the deer in and nursed it back to health.

They kept the deer, Little Orphan Dani, in their backyard as it recovered. Everything was fine until an Indiana Conservation Officer spotted Little Orphan Dani in the Councellers’ yard. The Councellers were charged with unlawful possession of a deer, a misdemeanor offense.

The day that Little Orphan Dani was to be euthanized by the Conservation Agency, the deer inexplicably escaped into the wild. Although Little Orphan Dani was able to get away, the Councellers may not be so lucky.

Historically, crimes have two elements: (1) actus reus (bad act), and (2) mens rea (bad intent).

Most people would agree that nursing an animal back to health is not a “bad act” in the sense of being morally blameworthy. Keeping the deer is deemed to be a “bad act” only because the legislature has said it is prohibited. Do we as a society want to punish acts that are not inherently wrong with criminal penalties?

Was there a bad intent? Is intending to save an animal bad? Most people would say it is not. Jeff Counceller is a police officer. It is highly doubtful that he intended to flout the law. It is much more likely that he simply didn’t know that his conduct was prohibited, much less a criminal act. If an officer of the law does not know that his conduct is illegal, how can others expect to know it?

If the act itself is not bad, and the Councellers did not know that their action was illegal, what could society possibly gain by having people like the Councellers serve time in prison and get a criminal record?

Should you think that this is solely a problem in Indiana, you would be very much mistaken. Sadly, this is not an isolated incident. Others have been prosecuted for their efforts to help animals in need.

In an eerily similar case, 11-year-old Skylar Capo and her mother, who live in Virginia, were threatened with criminal charges and up to one year in prison for nursing a woodpecker back to health. In the Capos’ case, it was the federal government going after the do-gooders for violating the Migratory Bird Treaty Act. Luckily for the Capos, the story gained national attention and the prosecution was dropped.

Robert Eldridge, a commercial fisherman from Massachusetts, was prosecuted for whale harassment by federal authorities under the Endangered Species Act and the Marine Mammal Protection Act, an offense punishable by up to one year in prison, for freeing a humpback whale from a fishing net.

What lesson do laws such as these teach? If you see an animal in distress, leave it to die? People inherently want to help people and animals that are in need. Sadly, overbroad laws such as these can turn good Samaritans into criminals.

http://blog.heritage.org/2013/01/30/couple-faces-jail-time-for-saving-a-baby-deers-life/?utm_source=Newsletter&utm_medium=Email

[SgtFuryUSCZ]

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The PC Police are out of control!

These are the same jerks who will fine you for growing

vegetables and fruit on YOUR OWN PROPERTY!

Next they'll be arresting volunteers that save/help injured Eagles like

the one recently electrocuted....

They'll be on the beaches arresting people trying to save beached whales!

Where is this idiocy going to end...?

This Republic is going down a bad road!

[64jaguar]

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The PC Police are out of control! :angry:/>

These are the same jerks who will fine you for growing

vegetables and fruit on YOUR OWN PROPERTY!

Next they'll be arresting volunteers that save/help injured Eagles like

the one recently electrocuted....

They'll be on the beaches arresting people trying to save beached whales!

Where is this idiocy going to end...?

This Republic is going down a bad road!

Till I'm blue in the face.... These Miscreants are Administering Your Estates. THEY OWN YOUR ASSES... Your Last Name is Not even Yours, They Patented it when you were born. Why do you think they do this sh*&^T????? Because it's ALL ABOUT THE MONEY and They Can. You need to Take back your ESTATES. YOU are the united states, soveriegn. they are United States Corporation and ALL the STATES and POLICE are Franchises of the U.S. Corp. The guy is a Cop Too. They Don't care about taking down their Own.. They administrate EVERY ONE of US to Steal our Wealth.

[SgtFuryUSCZ]

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Write the "How To" book on the subject and we'll buy it, 64JAG!

Everything we've seen of an American attempting this ends up with them in jail,

the IRS all over their a$$, everything they own confiscated.

So, whereinas it's probably right, show us exactly how it's done....

[jeepguy]

been keeping up with this info .,,, tooks like the govenor will do a pardon, or most likely will not even get close to re-election next time, to many hunters and animal lovers here , as of me, i didn`t know of a crazy law, i know of a couple other folks who had fawns , and if i saw one in distress i would most like help it ,, just me anyway .....

[smee2]

Euthanize?

They were going to euthanize the fawn?

Are they serious?

I guess it is just a good thing the law doesn't require

those who helped the animal be euthanized too!

smee2