Louisiana has held itself out as the “Sportsman’s Paradise,” but, according to a new report, it sure has some strange jurisprudence to make this claim.
The Texas Public Policy Foundation reported that the Gulf Coast states generally had legal codes and a large number of laws that criminalized behaviors regarding environmental matters that would discourage outdoor pursuits such as hunting and fishing, or economic activity involving natural resources. In aggregate, Louisiana perhaps was the worst off, with several examples noted about what in an objective way should not be criminal behavior or, if boorish enough, should merit a minor penalty, yet is defined criminally with potential severe consequences.
Louisiana’s legal system creates these crimes with wildly disproportionate penalties that defy common sense, hence making it too easy for unwitting violation, for two reasons. First, the way many of the statutes are written, given that it does not presume that criminal intent in an action is lacking unless some is evidenced, exposes even the least negligent accused to the most strict penalties. By not having a “rule of lenity” that assumes, given no evidence of criminal intent that there was none, the lowest degree of negligence (which is typical when it comes to non-regulatory criminal actions), this puts great pressure on the accused not even to go to trial and accept a more lenient, but still disproportional, punishment.
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