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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 brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page i 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 Copyright © 2016 Carolina Academic Press, LLC All Rights Reserved 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 v brewster reyes 2e 00 auto flip 1 1/26/16 12:36 PM Page vi vi CONTENTS 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 CONTENTS vii 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 viii CONTENTS 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 CONTENTS ix 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 x CONTENTS 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
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