[20171129]LSB10034_灭绝濒危物种：什么是合理的自卫？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Killing Endangered Species: Whats Reasonable Self-Defense? November 29, 2017 In United States v. Wallen, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) recently held that a defendant charged with killing a grizzly bear cub in violation the Endangered Species Act enjoys a complete defense if he “actually, even if unreasonably, believes his actions were necessary to protect himself or others.” Wallen lives in “bear country” in Montana with his wife and three children. Bear cubs had broken into his chicken coop, scattered and killed some of the chickens, and frightened his children who were nearby playing. When the three cubs returned later than night, Wallen killed all three. Although he earlier offered several conflicting accounts to federal authorities, Wallen testified at trial that he killed two of the cubs when they came upon him in his yard at night while he was surrounded by his chickens. He claimed that he killed the third cub when it charged him shortly thereafter. Wallen was charged under the Endangered Species Act and tried before a federal magistrate judge.