[Vision2020] 2/12/2007 Daily News Editorial: Theft laws must be applied equally

[Saundra Lund]

OUR VIEW: Theft laws must be applied equally

By Doug Bauer, for the editorial board
Monday, February 12, 2007 - Page Updated at 10:30:51 AM

There usually is a clear distinction between thefts that warrant misdemeanor
charges and those considered felony offenses. 

A dollar figure generally determines the extent of the charges, but a legal
loophole in Idaho allows some government officials who misuse public funds
to avoid a felony conviction. 

Idaho Attorney General Lawrence Wasden recently tried to close that
loophole, but his efforts were rebuffed by the Legislature. 

One has to wonder why our lawmakers had a problem with holding someone in a
position of power accountable for actions that would put any regular person
behind bars. 

At issue is an April decision by the Idaho Appeals Court, which ruled
Idaho's "misuse-of-funds law" could only be used against those whose
"official position" includes "the receipt, safe keeping, transfer or
reimbursement" of public money. 

The way we see it, stealing is just that - no matter who commits the crime. 

Opponents of Wasden's proposed revision argued that elected officials should
be held to a higher standard than less-prominent employees charged with
identical offenses because of their level of responsibility and
accountability. 

That was the case in April, when the Appeals Court determined a Hagerman
police officer couldn't be found guilty of a felony for charging personal
expenses to a city credit card because keeping track of taxpayer money
wasn't part of his job description. 

"What's the difference between putting your hand in the till, and charging
something to a piece of plastic?" asked Rep. Dennis Lake, R-Blackfoot.
"Either way, you took money that didn't belong to you." 

We're taught from an early age that taking something that isn't yours is
wrong, regardless of the circumstances. 

That same line of thinking should apply to the way our laws are enforced. A
charge of any kind should not apply any differently to one person than it
would to another.