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Law Considering Bigfoot


Spader

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Well according to the FB/FB guys given the purported  intelligence of BF......work with me here.....it might  not be totally amiss to juxtaposition and say "Bigfoot Considering Law..."

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Clubbedfoot- uh, you may want to go to nonhumanrights.org and click on the leacture of Prof. Self and listen to how intelligence is measured in animals( not saying BF is an animal ). You also may want to read the link on how the African Americans suffered thru the process of determining their intelligence level,(BTW is was determined a cultural differance only). I may come down to depending on the DNA that how BF treat each other culturally and if they can understand the relevance of self.

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Holy Deja Vu Batman.....it's this conversation again. I find it somewhat bewildering that folks get charged up and debate passionately about this, as if such incidents were actually occurring. I'm fairly sure that IF it happens, either we'll never know it happened, or there will be emergency protections enacted. I'd be willing to bet that nobody would prosecute the first group/person to produce a body. Subsequently, all a hunter would have to do is claim self defense, and they would likely receive little more than a slap on the wrist.

 

If it's any consolation, I wouldn't be too worried about someone bagging one when we can't even get a clear photo.

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Irish73- some of your conclutions are noteworthy, however, you need to take into account the actions of states( in my case Calif.) when BF is verified by a peer-reviewed DNA report. At that time states will enivitatly enact regulations and/or laws pretaining to Bf. So ask yourself if the public should have a roll in the process or are you willing to let governmental agencies have total dictates over the future course(s) without any public input.  Not merely hunting regulations but other scenerios that arise need to be addressed but research restrictions and who/what qualifies for research permits, emergency considerations and examination(not a body) of all facts that would lead to protected species list for the/each state, private property issues, etc. etc. etc. You can see the Administative Law processes involved as things play out.  BTW, I do agree that the odds are small about some shooting a BF and being prosecuted; it would need to show intent, however an intentional hunting down and killing of a non-game animal being studied would be a crime not to mention the relative degree of how close to homo sapiens BF would be. Penalties, Public Service Announcements, free- roam approval, as I have mentioned before there is alot to protection and is all incompasing(?). You are talking about goverenmental bodies who actually OWN all flora and fuana within ther boundaries and have a duty to address ALL aspects of course admendments. So do you think the public or interested parties like the lumber industries or mining companies

 should be the only ones involved in the process, or do you think we should leave well enough alone and hope for the best?

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Lots of good discussion here, yes. Of course, there are laws on the books both at the municipal and possibly the state level too. As far as I know, there are no U.S. Code or Administrative regs/rulings specifically addressing this contingency. Not to say an ambitious U.S. Attorney couldn't "bootstrap" a prosecution under other existing laws. My experience is they are very creative in that regard! State prosecutors too.

As a lawyer, I can tell you too there is no one definitive answer to the question of whether a hypothetical killing of a Sasquatch would be, or would not be, criminally actionable. Prosecutorial discretion will always play a role, whether it is a matter subject to state or federal jurisdiction. The location of the occurrence, the attendant circumstances and especially the intent of the killer will all be weighed. It is this uncertainty that probably keeps a lot of good evidence out of the database.

Me-my-own-personal-self? I believe if a Sasquatch is even willfully and wantonly slain with malice aforethought,and widely publicized, the media clamor over just the event-ness of the whole thing will overshadow any prosecutor's appetite to make any kind of criminal case. The second time it happens? Oh yeah. Count on that.

plussed.

It really depends in the short term on, if any, peer-review of DNA we get...real peer review... that might open doors in any administrative hearings or rule making process - with a real venue to put the best evidence out there, and witness testimony.

 

It is conceivable regulations will be forth coming (at least a no-kill regulation..something to acknowledge..study even) in time....but how to start that with more than what has already been rejected....tough..

 

What BFs are genetically will make a difference...

 

I have tried to imagine different scenarios that might open a courtroom to a civil case that in essence tries the reality along with the claim... to speed up government response....   it is a very interesting situation and frustrating...but I caught that "lawyer" reference and wonder if you too have spent time imagining a way to legal review...somehow....

 

also..an aside.. I was hoping Wally sued Ketchum re: breach...or something...or anyone b/c of the public record that might be created...even if imperfect for proof.. (yeah too bad) it begins the process of a public record of Bigfooting..in a way, and would receive perhaps serious attention (tabloid fans for sure!) if the passion and cut throat stuff were exposed..who does that except those who know BFs are out there?  desperate over here!...  I also thought of suing Justin (if the DNA was "human") as guardian ad litem...that approach has some merit...but no evidence Bfs are genetically "human," (although his witness says they are...or almost?) ..and I think Justin might welcome such a record?!  Moneymaker I think is still in a defamation suit..but don't see that lending itself to any more than the "snake oil"  outcome...

 

The really, really, interesting legal issues arise if they are in the genus Homo, but not Homo sapiens... oh lala...now that is a future argument that will be engaging..and important...so important!

Edited by apehuman
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Clubbedfoot- uh, you may want to go to nonhumanrights.org and click on the leacture of Prof. Self and listen to how intelligence is measured in animals( not saying BF is an animal ). You also may want to read the link on how the African Americans suffered thru the process of determining their intelligence level,(BTW is was determined a cultural differance only). I may come down to depending on the DNA that how BF treat each other culturally and if they can understand the relevance of self.

that was a joke about the FB/FB guys...it was not an endorsement of  "The Bell Curve"....  good grief.....

Edited by clubbedfoot
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