Posted on 07/03/2018 4:14:18 AM PDT by marktwain
Image by Troy Nemitz
On May, 11 2014, grizzly bears were harassing Brian Charette's horses near Ronan, Montana, on the Flathead Indian Reservation. Charette killed one of the bears from less than 30 yards away, as it was climbing a fence, coming toward him and his home.
He and his friend, to avoid the hassle, tied the bear to a pickup truck, and buried it in a field. Shoot. Shovel. Shut up. From helenair.com:
Charette told investigators that three bears had been harassing his horses in a pasture about 30 yards from his home that May. He said he shot and killed one of the bears when it chased his dogs toward the home and appeared to be climbing a fence into his yard.About seven months later, Charrette and his wife had divorced. His ex-wife's new boyfriend reported the bear shooting to authorities.
Charette and a friend tied the bear's carcass to a truck, dragged it away from the property and buried it in a field.
> It is a little known aspect of the law that a jury trial is not a right in federal court, if the potential sentence is less than six months in jail. That decision was rendered in 1970. In contrast, a jury trial is a right in civil cases involving claims of $20 or more. <
It’s a side point, but that’s a real problem. And it needs to be fixed. The government can take away 6 months of your life without a jury hearing your case.
And that’s how they got Sheriff Joe. The feds charged him with a crime punishable by less than six months in jail. So he had no right to a jury trial.
What happened to him could happen to any of us. Trump’s Supreme Court needs to fix this. If you face ANY jail time, you should have a right to a jury trial.
For now.
The “shut up” part is the hardest. People really have no idea how many perps are nailed for a variety of felonies because they just can’t do it. It’ human nature.
OTOH, if you bury it somewhere where even you couldn’t find it later, yer pretty safe.
His failure was the 3rd S. Shutting up is the hardest part.
Leaning Right wrote:
“> It is a little known aspect of the law that a jury trial is not a right in federal court, if the potential sentence is less than six months in jail. That decision was rendered in 1970. In contrast, a jury trial is a right in civil cases involving claims of $20 or more. <
It’s a side point, but that’s a real problem. And it needs to be fixed. The government can take away 6 months of your life without a jury hearing your case.
And that’s how they got Sheriff Joe. The feds charged him with a crime punishable by less than six months in jail. So he had no right to a jury trial.
What happened to him could happen to any of us. Trump’s Supreme Court needs to fix this. If you face ANY jail time, you should have a right to a jury trial.”
Yes, needs fixing.
Where in the Constitution does it say the right to a jury trial doesn’t exist if the punishment is 6 months or less?
Great story.
Excellent idea.
“His ex-wife’s new boyfriend reported the bear shooting to authorities.”
Where is he buried?
Where in the Constitution does it say the right to a jury trial doesn’t exist if the punishment is 6 months or less?
The Supreme Court found this “exception” to the right to a jury trial in 1970.
The Supreme Court found the right to an abortion in 1973.
Divorce is so much fun.
We’ve got clay here so it would require a backhoe or 15 hours of digging.
A better way is a big ole pile of sawdust from the sawmill. The carcasses disappear quite quickly too, leaving nothing but bones. Works on all mammals.
Unless she's the going into the hole. Just sayin'
Burying it isn’t good enough as it can later be dug up and used as evidence against you. Remove all traces of the bullet and leave the bear for the vultures. Or feed the meat to the wife so that she’s an accomplice. Or two birds with one stone but I better stop there.
> Where in the Constitution does it say the right to a jury trial doesn’t exist if the punishment is 6 months or less? <
The Constitution is quite clear about this. When it comes to criminal cases, the ONLY limitation the Constitution places on a jury trial is for impeachment. If the Founders also wanted a jail-time condition, they certainly would have included it.
It is absolutely disgusting that judges - conservative and liberal alike - are so comfortable ignoring this basic right.
Article III, Section 2
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Remove all traces of the bullet and leave the bear for the vultures.
I have a friend that has chickens. One day there was a dead chicken laying in the yard. He thought a raccoon had gotten to it. So he set one of those cage traps and threw the chicken in. The next day he had caught the predator.
It was a hawk.
I asked him what he did with it since, as we all know, you can’t kill them. He winked and said that he thought he story needed to just end there...
” . . . and I would’ve gotten away with it, if it hadn’t been for those pesky wives!”
I think the whole point of SSS is to do it in secret.
Never, EVER talk to the police without a lawyer.
They are not your friend. They will pretend to be so that you incriminate yourself.
So did the mob boss of New Orleans, Carlos Marcello, but I guessing that Marcello's statement came across much more threatening.
That doesn't make any sense.
Amendment 6.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
Nah. It’s still easy.
Shoot, shovel, shut up on the bear.
When the wife divorces, shoot, shovel, and shut up.
When the relatives of the wife come to investigate, shoot, shovel, and shut up.
When the local sheriff comes to check out the missing relatives, shoot, shovel, and shut up.
When State SWAT teams show up because of the missing sheriff, shoot, shovel, and shut up.
When the State National Guard is mobilized to your property, shoot, shovel, and shut up.
When the entire combined force of the United States Military is mobilized against you, shoot, shovel, and shut up.
When the UN leads a multinational invasion force against you, shoot, shovel, and shut up.
When local aliens with high tech faster-than-light vehicles hears about the threat you pose to this quadrant of the galaxy arrives, with their death rays, shoot, shovel, and shut up.
See?
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