Anti-Cruelty

ENACTING AND ENFORCING FELONY ANIMAL CRUELTY LAWS TO PREVENT VIOLENCE AGAINST HUMANS

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Summary: Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.

Felony animal anti-cruelty laws should be enacted and strictly enforced to protect animals and humans. Studies show that violence in the home, of any type, is self-perpetuating, creating generations of abusers and victims. Children who witness abuse are more likely to abuse animals and eventually humans; even minor acts of animal abuse are signs of a disturbed individual and should be taken seriously. Current animal anti-cruelty laws fail to prevent this violence. This article proposes that stronger anti-cruelty laws must be enacted and properly enforced to prevent this cycle of violence.

STATUTES WITH FOUR LEGS TO STAND ON?: AN EXAMINATION OF "CRUELTY TO POLICE DOG" LAWS

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Summary: Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. Whether the textual aspects of the police dog laws are worthy of praise or critique, or both, legal standards only address part of the story. The practical issues of police dog deployment must also be considered. In the final analysis, law enforcement agencies are vested with the discretion to direct deployment policy; hence, only they can truly protect the dogs from harm.

Since 1978, forty states and one United States territory have passed laws to protect police dogs. Despite the numerous peculiarities contained in these laws, as well as the legal issues raised by them, none of the laws have been reviewed in academic literature. Although the courts have had little occasion to analyze the vast breadth of issues surrounding the police dog laws, there is much to be said about the components of the various statutes. This article examines the statutory requirements and prescribed penalties relating to police dog statutes and opens debate on the prudence and value of such laws. Whether the textual aspects of the police dog laws are worthy of praise or critique, or both, legal standards only address part of the story. The practical issues of police dog deployment must also be considered. In the final analysis, law enforcement agencies are vested with the discretion to direct deployment policy; hence, only they can truly protect the dogs from harm.

ANIMAL CRUELTY AND VIOLENCE AGAINST HUMANS: MAKING THE CONNECTION

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Summary: The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or mental health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal abuse cases. Sensitivity to the importance of animal abuse as both an indicator of exposure to violence in the home and a predictor of increased risk for future acts of violence against people, promises to be an important tool to prevent many forms of societal violence.

The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or mental health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal abuse cases. Sensitivity to the importance of animal abuse as both an indicator of exposure to violence in the home and a predictor of increased risk for future acts of violence against people, promises to be an important tool to prevent many forms of societal violence.

STATE ANIMAL ANTI-CRUELTY STATUTES: AN OVERVIEW

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Summary: This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti-cruelty statutes and to identify those in need of improvement.

This article provides an introduction to the current status of state animal anti-cruelty laws throughout the United States. Extensive exploration of the similarities and differences between these statutes, combined with detailed statutory citations, enables this article to serve as a useful resource for research and statistical purposes. Additionally, the article offers an opportunity to review many of the provisions contained within these anti-cruelty statutes and to identify those in need of improvement.

People v. Brinkley

Summary: Defendant was convicted of aggravated cruelty to animals. The Defendant appealed the judgment. Defendant and his nephew had purchased a puppy and continually used negative reinforcement, such as paddling or popping the dog on the rear end with an open hand, for unwanted behavior. On one occasion, when the dog was approximately 15 months old, the Defendant’s nephew found that the dog had defecated in the apartment. The nephew attempted to paddle the dog and the dog bit the nephew’s thumb as a result. When the Defendant had returned home, the nephew explained to him what had happened. The Defendant proceeded to remove the dog from his crate, put the dog’s face by the nephew’s injured thumb, and told him he was a bad dog. The dog then bit off a portion of the Defendant’s thumb. The Defendant attempted to herd the dog onto the back porch, but the dog became aggressive and continued to bite him. As a result, the Defendant repeatedly kicked the dog and used a metal hammer to beat the dog into submission. The dog later died due to his injuries. The Defendant argued that he had a justifiable purpose for causing the dog serious physical injury. The Defendant testified that he was in shock from the injury to his thumb and that he was trying to protect himself and his nephew. However, other evidence contradicted the Defendant's testimony. The dog was in a crate when the Defendant got home, and the Defendant could have left him there rather than take the dog out to discipline him. The Defendant was at least partially at fault for creating the situation that led him to react in such a violent manner. The Court reviewed several of the Defendant’s contentions and found them all to be without merit. The judgment was ultimately affirmed.

Defendant was convicted of aggravated cruelty to animals. The Defendant appealed the judgment. Defendant and his nephew had purchased a puppy and continually used negative reinforcement, such as paddling or popping the dog on the rear end with an open hand, for unwanted behavior. On one occasion, when the dog was approximately 15 months old, the Defendant’s nephew found that the dog had defecated in the apartment. The nephew attempted to paddle the dog and the dog bit the nephew’s thumb as a result. When the Defendant had returned home, the nephew explained to him what had happened. The Defendant proceeded to remove the dog from his crate, put the dog’s face by the nephew’s injured thumb, and told him he was a bad dog. The dog then bit off a portion of the Defendant’s thumb. The Defendant attempted to herd the dog onto the back porch, but the dog became aggressive and continued to bite him. As a result, the Defendant repeatedly kicked the dog and used a metal hammer to beat the dog into submission. The dog later died due to his injuries. The Defendant argued that he had a justifiable purpose for causing the dog serious physical injury. The Defendant testified that he was in shock from the injury to his thumb and that he was trying to protect himself and his nephew. However, other evidence contradicted the Defendant's testimony. The dog was in a crate when the Defendant got home, and the Defendant could have left him there rather than take the dog out to discipline him. The Defendant was at least partially at fault for creating the situation that led him to react in such a violent manner. The Court reviewed several of the Defendant’s contentions and found them all to be without merit. The judgment was ultimately affirmed.

ANOTHER WEAPON FOR COMBATING FAMILY VIOLENCE: PREVENTION OF ANIMAL ABUSE

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Summary: In this article, the author postulates that there is more than a mere coincidence between various forms of family violence. Furthermore, that acts of cruelty towards family pets are a form of family violence that has been largely unrecognized by the legal community. Admitting that much research still needs to be done to establish that there is a link between abuse towards people and abuse towards animals, the author invites the reader to consider this multi-victim approach to family violence and offers the strengthening of animal cruelty laws as a solution to this grave societal problem.

In this article, the author postulates that there is more than a mere coincidence between various forms of family violence. Furthermore, that acts of cruelty towards family pets are a form of family violence that has been largely unrecognized by the legal community. Admitting that much research still needs to be done to establish that there is a link between abuse towards people and abuse towards animals, the author invites the reader to consider this multi-victim approach to family violence and offers the strengthening of animal cruelty laws as a solution to this grave societal problem.

ON THE "NECESSARY SUFFERING" OF NONHUMAN ANIMALS

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Summary: This article extends Gary Francione's analysis of these concepts from Rain without Thunder within the context of animal experimentation. Michael argues that Francione's work leads us to the conclusion that the notions of necessary and unnecessary suffering are empty of meaning, and no significant difference exists between them. That humans cause animals to suffer in abundance is reality. That their suffering is necessary in order to fulfill human purposes is fantasy.

This article extends Gary Francione's analysis of these concepts from Rain without Thunder within the context of animal experimentation. Michael argues that Francione's work leads us to the conclusion that the notions of necessary and unnecessary suffering are empty of meaning, and no significant difference exists between them. That humans cause animals to suffer in abundance is reality. That their suffering is necessary in order to fulfill human purposes is fantasy.

THE KITTLES CASE AND ITS AFTERMATH

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Summary: This article was adapted from remarks from Joshua Marquis at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.

This article was adapted from remarks from Joshua Marquis at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.

ANIMAL CRUELTY LEGISLATION: THE PASADO LAW AND ITS LEGACY

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Summary: This article was adapted from remarks from Steve Chambers at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.

This article was adapted from remarks from Steve Chambers at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.

EFFECTIVE VOIR DIRE IN ANIMAL CASES

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Summary: This article was adapted from remarks from Larry Weiss at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.

This article was adapted from remarks from Larry Weiss at a symposium held by the Student Animal Legal Defense Fund of Northwestern School of Law of Lewis & Clark College on September 23, 1995 regarding issues affecting domestic and captive animals.