Animal Cruelty Brewster Reyes 2E 00 Auto Flip 1 1/26/16 12:36 PM Page Ii Brewster Reyes 2E 00 Auto Flip 1 1/26/16 12:36 PM Page Iii

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Animal Cruelty brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page ii brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page iii

Animal Cruelty A Multidisciplinary Approach to Understanding

Second Edition

Edited by Mary P. Brewster Cassandra L. Reyes

Carolina Academic Press Durham, North Carolina brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page iv

Library of Congress Cataloging-in-Publication Data

Names: Brewster, Mary P., editor. | Reyes, Cassandra, editor. Title: Animal cruelty : a multidisciplinary approach to understanding / edited by Mary P. Brewster and Cassandra L. Reyes. Description: Second edition. | Durham, N.C. : Carolina Academic Press, [2016] | Includes bibliographical references and index. Identiﬁers: LCCN 2015041281 | ISBN 9781611636239 (alk. paper) Subjects: LCSH: Animal welfare--United States. | Animal welfare--Law and legislation--United States. Classiﬁcation: LCC HV4764 .A635 2016 | DDC 179/.3--dc23 LC record available at http://lccn.loc.gov/2015041281

Carolina Academic Press, LLC 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com

Printed in the United States of America brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page v

Contents

Foreword xv References xvi Acknowledgments xvii

Section I · Animal Cruelty: History, Legislation, and Prevalence

Chapter 1 · Definitions of Animal Cruelty, Abuse, and Neglect Phil Arkow and Randall Lockwood 3 Introduction 3 Definitions of Terms 5 Perspectives on Definitions 6 Researchers 6 Government Panels 7 Public Opinion 8 Legislation, Law Enforcement, Prosecutors, and Judges 9 Forms of Animal Abuse 10 Challenges in Definitions 12 Vague, Ambiguous, and Archaic Language 12 Absence of a Universal Standard of Cruelty 13 Objectivity vs. Subjectivity 14 Establishing a Motive, Intent, or State of Mind 17 What Is an “Animal”? 18 Defenses and Exemptions 19 Conclusion 20 References 20

Chapter 2 · The History of Anti- Cruelty Laws: Concepts of Animal Welfare and Animal Rights David Favre 25 In the Beginnings, Just Property 25 The British Set the Stage 26 New Concerns in America 28 The Bergh Era Begins 29 Enforcement on the Streets of New York 31 The Ripple Effect 32 Development of the Concept of Animal Welfare 33 Terminology and Scope of Animal Welfare 34 Modern Animal Welfare Laws 37

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A Consideration of Animal Rights 39 Appendix A: The 1867 New York Anti- Cruelty Law 42 Section 1. Penalty for Overdriving, Cruelly Treating Animals, etc. 42 Section 2. For Keeping a Place For Cock Fighting, Bull Baiting, Dog Fighting, etc. 42 Section 3. For Impounding Animals Without Giving Sufficient Food and Water 43 Section 4. In What Case Any Person May Feed, etc. Impounded Animal 43 Section 5. Penalty For Carrying Animals in a Cruel Manner 43 Section 6. License For Using Dogs Before Vehicles 43 Section 7. Penalty for Abandoning Infirm Animals in Public Place 44 Section 8. When Agent of Society May Arrest for Violations of This Act 44 Section 9. Who Shall Publish This Act, and When Shall it Be Published 44 Section 10. Proviso 44 References 44

Chapter 3 · Animal Cruelty and the Law: Prohibited Conduct Yolanda Eisenstein 47 Introduction 47 The Laws against Cruelty 48 Special Treatment for Companion Animals 49 The Legal Regime in Animal Protection 49 Statutory Law 49 Case Study: Three approaches to cruelty in puppy mills. 50 Case Law 51 Case Study: Upholding the Constitution and invalidating statutes. 52 Case Study: Bound to 19th-century legal precedent. 52 Who Are Companion Animals? 53 Case Study: A companion animal with fins. 53 Who Are the Victims of Animal Cruelty? 54 Case Study: Are animals victims? 54 Cruel Acts and Omissions 55 The Broad Spectrum of Abusers 56 Case Study: A limit to police immunity. 57 Who Reports and Investigates Animal Cruelty? 57 The Commitment to Enforcement and Prosecution 58 Case Study: Seizing 27,000 animals. 59 On Trial 60 The International Animal Protection Movement 61 Conclusion 62 References 62

Chapter 4 · Animal Cruelty and the Law: Permitted Conduct Joan Schaffner 65 Introduction 65 Animals Bred as Companions and Used in Research or Exhibition: The Federal Animal Welfare Act 66 Case Study: Redefining “retail pet store.” 67 Case Study: Lolita’s inhumane treatment under the AWA. 69 Animals Used for Food 70 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page vii

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Humane Methods of Slaughter 70 Case Study: Who are livestock? 71 Twenty- Eight-Hour Law 73 Laws Governing Animals on the Farm 74 Case Study: Humane or cruel? 75 Wildlife 78 Endangered Species Act 78 Marine Mammal Protection Act 79 Case Study: The MMPA and “inhumane” capture. 80 State Law 81 Private Enforcement of Animal Welfare Laws 81 Case Study: Who may seek enforcement of the law? 82 Conclusion 85 References 86

Chapter 5 · Veterinary Forensic Sciences in the Response to Animal Cruelty Randall Lockwood and Rachel Touroo 89 History 89 Defining Veterinary Forensic Sciences 90 Forms of Animal Cruelty 91 Recognizing and Responding to Animal Cruelty 92 Role of the Forensic Veterinarian at a Crime Scene 95 Triage 95 Evidence Handling 96 Assessment of the Scene and Its Relation to Veterinary/Medical Issues 96 The Forensic Necropsy 96 Veterinary Forensic Considerations in Different Forms of Animal Cruelty 97 Neglect 97 Institutional Neglect 97 Severe Neglect 98 Animal Hoarding 98 Intentional Abuse 99 Organized Abuse 102 Ritualized Abuse 102 Animal Sexual Assault 103 The Veterinary Professional in Court 104 Veterinary Forensics and the Response to Common Defenses 104 Trends in Veterinary Forensics 106 Future Needs 106 References 107

Chapter 6 · The Animal-Human Bond Elizabeth B. Strand, Christina Risley-Curtiss, and Bethanie A. Poe 113 Introduction 113 Theories of the AHB 114 The Biophilia Hypothesis 114 Anthropomorphic- Integrated-Chattel Orientation Continuum 115 Attachment Theory 116 Social Support Theory 118 Kinds of AHBs 119 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page viii

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Companion Animals 119 Farm Animals 121 Assistance Animals 122 Wildlife 124 Animals Used by Animal- Related Professionals 124 Violence and the AHB 126 Cultural Influences in the AHB 126 AHB and Criminal Justice: Practice Implications 129 Assessment and Response to the AHB 129 Preventing and Treating Violence towards Animals 130 Animal- Assisted Interventions 131 Conclusion 133 References 133

Chapter 7 · Statistics and Measurement of Animal Cruelty Cassandra L. Reyes 141 Introduction 141 Overview of Animal Cruelty in the United States 141 Pet- Abuse.com 142 Animal Cruelty Case Trend 143 Reporting Parties 143 General Alleged Perpetrator Characteristics 143 Other Aspects in Animal Cruelty Cases 144 Active Cruelty 145 Beating 145 Bestiality 146 Burning: Caustic Substances 146 Burning: Fire or Fireworks 146 Choking, Strangulation, or Suffocation 147 Drowning 147 Fighting 148 Hanging 148 Kicking or Stomping 148 Mutilation or Torture 149 Poisoning 149 Shooting 150 Stabbing 150 Throwing 150 Unlawful Trapping or Hunting 151 Vehicular 151 Passive Cruelty 151 Neglect or Abandonment 152 Hoarding 152 Other Forms of Animal Cruelty 153 Theft 153 Unlawful Trade or Smuggling 153 Strengths and Limitations of the AARDAS 154 Conclusion 155 References 155 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page ix

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Section II · Special Types of Animal Cruelty

Chapter 8 · Animal Cruelty for Sport and Profit John C. Navarro, Jacqueline L. Schneider, and Egan Green 159 Introduction 159 Breeding 159 Laws 160 Shelters 161 Factory Farming 162 Selective Breeding 163 Confinement and Overcrowding 164 Swine 164 Fowl 165 Mutilations 166 Trading in Endangered Species 167 Sporting Activities 169 Hunting and Fishing in the U.S. 169 Non- Commercial Poachers 170 Canned/Captive Hunting 170 Blood Sports: Cock-, Dog-, and Bullfighting 172 Cockfighting 172 Cockfighting in Modern Times 173 Policing 174 Dogfighting 175 Historical Accounts 175 Modern Times 176 Networks and Events 176 Bullfighting 178 Emerging Blood Sports 178 Cultural Festivals 179 Palio Horse Race 179 Jallikattu 180 Running with the Bulls 180 Circuses 181 Regulation 181 Confinement and Traveling 182 Employees and Training 182 Bans 183 Animal Tourism 184 Destination Trips 184 Amusement Parks 186 Conclusion 188 References 188 Statutes 197

Chapter 9 · Animal Hoarding Arnold Arluke and Gary Patronek 199 Characteristics of Animal Hoarding 199 Causes of Animal Hoarding 202 Psychological Disorder 202 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page x

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Social Enabling 205 Interventions 206 Seizing Animals 208 Medico- Legal Options 209 Conclusion 214 References 214

Chapter 10 · Animal Cruelty and Sexual Deviance Christopher Hensley, Suzanne E. Tallichet, and Caleb E. Trentham 217 Paraphilias 217 History of Paraphilias 218 Bestiality and Zoophilia 219 Studies of Bestiality Prevalence and Perpetrator Characteristics 221 Studies of the Dynamics Associated with Bestiality 221 Studies of the Potential Link between Bestiality and Later Interpersonal Violence 224 Theorizing about the Bestiality Link 225 Crush Videos 226 Bestiality Laws 228 Felony State Statutes 228 Misdemeanor State Statutes 229 Conclusion 229 References 230 Statutes 233

Chapter 11 · Understanding and Reducing Cruelty toward Roaming Dogs Arnold Arluke and Kate Atema 235 Abusing and Neglecting Stray Dogs 236 Explaining Cruelty toward Roaming Dogs 238 Dogs as Dangers 238 Dogs as Nuisances 239 Dogs as Homeless 241 Reversing Cruelty toward Roaming Dogs 242 Veterinary Interventions 242 Educational Interventions 244 References 245 Personal Communication 249

Section III · Animal Cruelty — Antecedents and Future Behavior

Chapter 12 · Animal Cruelty and Delinquency, Criminality, and Youth Violence Nik Taylor and Tania Signal 253 Four Main Areas of Animal-Human Research 253 Animal Abuse as Part of the Continuum of Abuse within the Family and Animal Abuse as an Indicator of Child Abuse 254 The Therapeutic Potential of Animals in Child Development and within Post- Abuse Work 255 Animal Abuse Perpetrated by Children Who Show Later Aggressive and Deviant Behavior 256 Gendered Experiences of CTA 259 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page xi

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CTA and Generalized Deviance 260 CTA: Social and Community Considerations 262 Methodological Issues 264 Conclusion: Condoned Animal Harm 265 References 268

Chapter 13 · Family Violence and Animal Cruelty Eleonora Gullone 275 Family Violence and Human Aggression Defined 275 Family Violence between Humans 276 Child Abuse 276 Partner Abuse 278 Animal Cruelty Defined 280 Family and Parenting Experiences 280 Understanding Children’s Cruelty toward Animals 283 The Relationship between Domestic Violence and Animal Cruelty 285 More than a Link 289 Proposed Strategies for Change 290 References 292

Chapter 14 · Animal Cruelty, Firesetting, and Homicide Lindsey S. Davis and Louis B. Schlesinger 301 Animal Cruelty and Firesetting: Research Findings 302 Animal Cruelty 302 Firesetting 303 Conclusion 306 Motivational Spectrum in the Classification of Homicide 307 Environmental/Sociogenic Homicides 307 Situational Homicides 308 Impulsive Homicides 308 Catathymic Homicides 308 Compulsive Homicides 309 Animal Cruelty, Firesetting, and Sexual Homicide 310 Animal Cruelty 310 The Significance of Cats 311 Case Study 1 312 Case Study 2 312 Firesetting 312 Case Study 3 313 Case Study 4 314 Discussion 315 References 316

Section IV · Theoretical Perspectives

Chapter 15 · Examining Animal Abuse through a Sociological Lens: Theoretical and Empirical Developments Amy J. Fitzgerald, Rochelle Stevenson, and Antonio R. Verbora 325 Introduction 325 Social Learning Theory 326 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page xii

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Frustration and Strain 329 Differential Coercion 331 Violence Graduation Hypothesis 332 Generalization of Deviance Hypothesis 334 Feminist Theories 335 Masculinities 338 (Eco)Marxism 341 Cultural Spillover 344 Conclusion 346 References 346

Chapter 16 · Psychological Theories of Animal Cruelty Mary Lou Randour and Maya Gupta 355 Introduction 355 Causes and Correlates of Animal Cruelty 356 Psychological Theories for Understanding Animal Cruelty 357 Instinct and Drive Theories 357 Social Learning Theory 358 Bimodal Theories of Aggression 360 Neurobiological Theories 362 Cognitive Theories 363 Developmental Pathways of Aggression 364 Attachment 366 Empathy Development 368 Conclusion 369 References 370

Section V · Current and Controversial Topics

Chapter 17 · Animal Cruelty and Reality Television: A Critical Review Claire Molloy 379 Introduction 379 Institutional Context 380 Cultural Context 381 Reality Television 382 Genre Hybrids 384 Animal Cop Shows: Voiceovers 386 Animal Cop Shows: Titles 387 Animal Cop Shows: Structure and Binaries 389 Visual Evidence 392 Conclusion 394 References 395

Chapter 18 · Emerging Issues and Future Directions in the Area of Animal Cruelty Mary P. Brewster and Shannon T. Grugan 397 Introduction 397 Advocacy and Activism 397 Research on Animal Advocates and Activists 399 Effectiveness of Activism 399 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page xiii

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Public Awareness and Mass Media 400 Changing Views of Animals and of Cruelty 402 Current Application and Future Trends in Anti- Cruelty Legislation 404 Recent Laws, Judicial Action, and Pending Legislation 404 Centralized Federal Regulation: The Way Forward? 406 Important Emerging Legislative Issues 407 The Future of Anti- Cruelty Legislation 408 Improvement in the Investigation and Prosecution of Animal Cruelty Cases 409 Increased Legitimacy as a Social Phenomenon 412 The Status of Empirical Study of Animal Violence 413 “Sui generis” study of animal cruelty 413 Agnew’s (1998) Integrative Model of Animal Violence 414 The Future of Animal Cruelty Research 415 Data Collection, Maintenance, and Dissemination 416 Conclusion/Future Directions 416 References 417

Section VI · Appendix

Animal Protection Agencies and Organizations 427

Author Biographies 443 Index 451 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page xiv brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page xv

Foreword

Wayne Pacelle, President and CEO of The Humane Society of the United States

Animal Cruelty is a truly comprehensive look at the history of animal cruelty in the United States. There are several worthy resources devoted to cataloguing statutes and un - derstanding the application of these codes, but there are no works as rich and multi- faceted as this one. This is an anthology that should find receptive audiences among animal welfare advocates, social scientists, those within the criminal justice system, and so many others who abhor cruelty to animals and want to do something about it. We’ve always had a moral intuition that cruelty to animals is wrong. In fact, the first anticruelty statutes in the colonies and in the states predate the first animal welfare or - ganizations, revealing that our social instincts drove policy in the right direction even before there were groups to show us the way and remind us of the importance of an aggressive response to needless and malicious human violence toward animals. During the nineteenth century, an emerging social consensus about the problem of cruelty to animals caused a vibrant social movement devoted to the welfare of animals to coalesce, and set off a round of related lawmaking in most of the states. There was a broad acceptance of the idea that society has a general interest in cruelty, not simply because we should prevent harm to creatures capable of suffering and highly dependent on human beings, but because it was a social evil whose perpetrators might graduate to various acts of in - terpersonal violence against other human beings. It was already a commonplace that people who could be cruel to animals were also capable of domestic abuse, whether of wives, children, or other relatives and dependents. This was a fine start, but as 150 years of subsequent experience have demonstrated, cruelty is a more complex phenomenon. Happily, since the revitalization of animal protection in the post- World War II period, which gained particular momentum in the mid- 1950s, we have seen a steady advance in our understanding of cruelty as a social problem, and in the remedies proposed to address it. An invigorated animal protection movement has made dramatic gains in this period (Unti & Rowan, 2001). It is possible to trace this progress by a few salient measures. The empirical evidence of cruelty to animals as a sentinel crime inextricably tied to interpersonal violence is over - whelming now, and the social science literature on this and related issues has swelled. The available typologies of cruelty have reached a level of sophistication suited to the modern era. There is a much stronger public understanding of cruelty and its implications, and there is greater concern. There is deep and pervasive evidence of how much people care for animals, and the strength of the human- animal bond (Pacelle, 2010). And finally, there is a growing scientific understanding of the emotional and cognitive capacities of animals, making acts of violence against animals all the more morally problematic.

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xvi FOREWORD

The number of laws to protect animals has increased dramatically in recent years. Most importantly, when it comes to the basic anticruelty statutes in most states, we have seen them overhauled and fortified to include increased penalties for animal fighting, hoarding, and other cruelties. Many forms of cruelty once barely addressed are now treated as felony- level offenses, and law enforcement agents, prosecutors, and judges are treating such cases as serious crimes. While many prohibitions against dogfighting and cockfighting date back to the 19th century, many states treated this form of staged violence as a petty crime, or no crime at all. Over the last two decades, we have seen bans on cockfighting imposed in the half dozen or so states where it long remained legal. We have also seen every state adopt felony- level penalties for cruelty; in 2014, South Dakota became the 50th state to do so. Animal fighting is now a federal felony, and that too marks a tremendously significant advance in the law. More changes in the law loom, with a vigorous effort from animal advocates, law enforcement, anti- domestic violence professionals, and other key stakeholders. Today’s humane organizations and animal care and control agencies promote practical approaches to the mitigation of animal suffering, push for stronger regulatory and legislative protection, and seek to promote a better and more sophisticated understanding of cruelty within professional, public policy, and other circles. This is part of a broad effort to ensure that the principle of kindness to animals is taken seriously within every social, cultural, and political institution that might be called upon to take up the question of their treatment and status under and within our society. Contributors to this volume include a number of pioneers in the modern effort to see cruelty to animals treated as the serious problem that it is. At no time has there been more energy, more intelligence, and more initiative invested in this arena, and that’s as it should be.

References

Pacelle, W. (2010). The bond: Our kinship with animals, our call to defend them . New York, NY: William Morrow. Unti, B., & Rowan, A. (2001). “A Social History of Animal Protection in the Post-World War Two Period.” In D. J. Salem & A. Rowan (Eds.), State of the animals (pp. 21– 37). Washington, DC: Humane Society Press. brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page xvii

Acknowledgments

We would like to thank Beth Hall and the entire Carolina Academic Press family for providing the opportunity for an updated, even more comprehensive text on animal cruelty. We would like to extend our sincere gratitude to all of contributors to the book for again sharing their expertise and research ﬁndings, and to Wayne Pacelle for his willingness to write the foreword for this manuscript. We are also grateful to our graduate assistants, Tracey Malandra and Daniel Graham, for their invaluable input on early drafts of the manuscript. — MPB and CLR Special thanks go to my family, Ryan, Michael, Elle, Jade, and Jet, for putting up with my absence from the dinner table on many occasions throughout this past year. Your patience, love, and support have sustained me throughout this project. — MPB My heartfelt thanks go to my husband, Jaime. Through his undying love and support, I have been able to continue bringing the topic of animal cruelty to the forefront. I also would like to thank our “furry kids,” Honey Girl, Dylan, Diablo, and Bastet, who remind me every day of the passion I have toward ﬁghting the victimization of nonhuman animals. — CLR

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