Animal Cruelty: Criminology & Prosecution
©2014
Textbook
54 Pages
Summary
Animal cruelty and human life makes a bond. What is the real bond about and what chain is missing is the main framework of this book. Loving non-human animals means loving ourselves. Respecting animals desire means respecting one-selves. Though our love is sweet, our pain for animal is bitter. Current context on animal cruelty all over the world is visualized in this book with an emphasis why and where! This book is specially designed for the one who tries to care the feeling of animals and who does support the green world oflove among everybody.
Excerpt
Table Of Contents
8
Animals
"The greatness of a nation and its moral progress can be judged by the way its animals are
treated" (Gandhi, 1931).
Any living organism which possesses certain characteristics that distinguish it from plants is
regarded as animals. There is no single criterion that can be used to distinguish all animals from
all plants. Animals usually lack chlorophyll and the ability to manufacture foods from raw
materials available in the soil, water, and atmosphere. Animals generally are limited in their
growth and most have the ability to move in their environment at some stage in their life history
(McGraw-Hill, 2002).
An animal organism other than a human, especially a mammal is regarded as animal (Houghton,
2002). Animal means a mammal, bird or bee (OIE, 2013). Animals are classified as;
1.
Domestic animal: A relatively docile animal kept by humans for work or food or as a pet
(Kernerman, 2010).
2.
Wildlife: means feral animals, captive wild animals and wild animals (OIE, 2013).
3.
Companion animal: A pet (or companion animal) is an animal kept for a person's compa-
ny, as opposed to livestock, laboratory animals, working animals and sport animals which
are kept for economic reasons (Kernerman, 2010).
4.
Poultry: means all domesticated birds, including backyard poultry, used for the produc-
tion of meat or eggs for consumption, for the production of other commercial products,
for restocking supplies of game, or for breeding these categories of birds, as well as
fighting cocks used for any purpose. Birds that are kept in captivity for any reason other
than those reasons referred to in the preceding paragraph, including those that are kept for
shows, races, exhibitions, competitions or for breeding or selling these categories of birds
as well as pet birds, are not considered to be poultry (OIE, 2013).
5.
Feral animal: means an animal of a domesticated species that now lives without direct
human supervision or control (OIE, 2013).
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Importance of Animal
Animals are depicted with high importance throughout history and modern society through rich
displays of human and animal interactions in various patterns like engravings, sculptures,
paintings, and drawings. Humans and animals sustain a relationship of mutual benefit. Although
modern uses of animals differs throughout the world, humans have relied on animals for various
aspects such as a source of food, clothing, knowledge, energy, power, transportation, compan-
ionship, entertainment, service, and capital and in turn animals rely on humans to provide food,
shelter, companionship, and protection.
Conditions of Animals in Nepal
The condition of Animals in Nepal is very impoverished and pathetic. Many of the pet and
domestic animals do not get care or accept from their owners. They are poorly kept and often
kicked out of their homes as they grow old and unproductive. On the streets the conditions is
even worse. A lot of stray dogs and cows can be visibly seen almost in every street. Monkeys are
widely visible on the highways. Their large numbers, live in extremely bad conditions. Many
suffer from the agony of maggots, infected wounds, skin disorders, worms and parasites. Road
accidents often result every day. Cases of wild animals trafficking, killing and poaching are
widely present (DNPWC, 2006). Abuse of both domestic and wild animals from unintentional
neglect to malicious killing can be widely seen in Nepal.
Animal Cruelty
Cruelty to animals, also called
animal abuse
or
animal neglect, is the human infliction
of suffering or harm upon non-human animals, for purposes other than self-defense or survival.
Any act that contributes to the pain or death of an animal or that otherwise threatens the welfare
of an animal (Agnew, 1998). Ascione (1993) defined animal cruelty as socially unacceptable
behaviour that intentionally causes unnecessary pain, suffering, or distress to and/ or death of an
animal. Especially, Animal Cruelty is categorized into two types: Neglect and Intentional
Cruelty.
Neglect is the most common type of animal cruelty (Arluke, 2006; Carlisle-Frank and Flanagan,
2006; Patronek, 2008; Solot, 1997). Neglect occurs when an owner fails to provide the animal
10
with adequate food, water, shelter, or veterinary care. Severely restricting an animal's movement
full-time by tethering it to a stationary object or keeping the animal in a cage is the most com-
mon, and most visible, type of neglect.
Intentional cruelty is when an individual purposely inflicts physical harm or injury on an animal,
such as deliberately maiming, torturing, sexual abuse or even killing an animal. It can be usually
an indicator of a serious human behavior problem.
Criminology
Criminology is the study of crime from a social and individual perspective. Beirne (1995; 1999)
suggests that criminology has been characterized by a "speciesist" approach to the study of crime
and violence. Criminology attempts to explain why certain things are considered crimes in
certain societies and explain any variances between societies and cultures. In some cases, things
considered crimes in some areas may be legal in others. Criminology hopes to explain why there
are differences and why there are some crimes that are nearly universal. It also seeks to explain
why societies may choose some of the punishment options they do. Beirne (1999) argues that
animal cruelty should be drawn into the realm of criminological inquiry as it has importance on
multiple levels:
1.
Animal cruelty may signify other actual or potential interpersonal violence;
2.
Animal cruelty is, in many forms, prohibited by criminal law;
3.
Violence against animals is part of the utilitarian calculus on the minimization of pain
and suffering;
4.
Animal cruelty is a violation of rights; and
5.
Violence against animals is one among several forms of oppression that contribute, as a
whole, to a violent society.
11
Prosecution
A criminal action; a proceeding instituted and carried on by due course of law, before a compe-
tent tribunal, for the purpose of determining the guilt or innocence of a person charged with
crime. This requires;
1.
Court of law: A court is a tribunal, often a government institution, with the authority to
adjudicate legal disputes between parties and carry out the administration of justice in
civil, criminal and administrative matters in accordance with the rule of law (Walker,
1980).
2.
Judge: A judge is an official who presides over court proceedings, either alone or as part
of a panel of judges. A person who has the power to make decision on cases brought be-
fore a court of law.
3.
Prosecutor: The prosecutor is the chief legal representative of the prosecution. Prosecu-
tors are typically lawyers who possess a law degree, and are recognized as legal profes-
sionals by the court in which they intend to represent the state.
4.
Witness: A prosecution witness is someone who will provide evidence for the prosecu-
tion's case.
5.
Evidence: Evidence is anything presented in support of an assertion.
12
Motivation (A way to think)
"All beings are fond of themselves, they like pleasure, they hate pain, they shun destruction,
they want life and want to live long. To all life is dear; hence their life should be protected"
(Salgotra, 2013).
Human-Animal Bond
The human-animal bond is a mutually beneficial and dynamic relationship between people
and animals that is influenced by behaviors that are essential to the health and well-being of
both.
Human-Animal Interaction
According to Arluke and Sanders (1996), "Interaction will show us, among other things, how
meaning is socially constructed through interaction; how we organize our social world; and how
we see our connection (or lack of it) to other living things".
Animal (ab) use
In our modern society, animals are handled as objects as they are for our use and pleasure,
rather than as fellow sentient beings. There are two major areas where animals are treated
particularly badly, namely in farming and in medical research.
1. Modern Factory Farming processes include the keeping of animals in pens where their
movement is exceedingly restricted, the injection of growth hormones (linked to health risks in
humans), and artificial insemination to keep milk cows pregnant (with calves being removed
from their mothers almost at birth to make the milk yield as high as possible). Farming of all
animals, due to the drive to maximize profits, has little or no regard for the animals and reaches
the heights of barbarity and redundant cruelty. Perpetual use of artificial fertilizers and pesticides
is also detrimental to our health, as well as poisoning our rivers and wildlife. The drive to bigger
farms indicates loss of valuable wildlife habitats. Even with free-range organic farming, the
animals are often kept in quite crowded conditions and still suffer stress and pain before their
eventual slaughter.
13
2. The second factor is linked with population explosion.
Human understanding of animals especially their sentience, needs and natures is develop-
ing all the time. Hence, areas of animal welfare and right are expanding gradually.
Animal Welfare
Animal welfare means how an animal is coping with the conditions in which it lives. An an-
imal is in a good state of welfare if (as indicated by scientific evidence) it is healthy, comforta-
ble, well nourished, safe, able to express innate behaviour, and if it is not suffering from unpleas-
ant states such as pain, fear and distress. Good animal welfare requires disease prevention and
veterinary treatment, appropriate shelter, management, nutrition, humane handling and human
slaughter/killing. Animal welfare refers to the state of the animal; the treatment that an animal
receives is covered by other terms such as animal care, animal husbandry, and humane treatment
(OIE, 2013).
Animal welfare means the avoidance of abuse and exploitation of animals by humans by
maintaining appropriate standards of accommodation, feeding and general care, the prevention
and treatment of disease, and the assurance of freedom from harassment, and unnecessary
discomfort and pain (Blood & Studdert, 1999).
Public concern about animal welfare has been increasing all the time. Evidence for increased
concern about animal welfare (Broom, 1999) is due to:
1.
Letters from the public, media coverage
2.
References in parliamentary discussions and government statements
3.
Requests for scientific evidence concerning animal welfare
4.
Activity of scientific and other advisory committees
5.
Funding of scientific research on animal welfare
6.
Increased teaching and conferences
7.
More legislation
14
Five Freedoms of Animal Welfare
Five freedoms of animal welfare simply mean that animal enjoys (FAWC, 1992);
·
Freedom from hunger and thirst by ready access to fresh water and a diet to maintain full
health and vigor
·
Freedom from thermal and physical discomfort by providing an appropriate environment
including shelter and a comfortable resting area
·
Freedom from injury and disease and pain by prevention or rapid diagnosis and treat-
ment
·
Freedom to express most normal patterns of behavior by providing sufficient space,
proper facilities and company of the animals own kind
·
Freedom from fear and distress by ensuring conditions and treatment which avoid mental
suffering. The five freedoms are useful tools for assessing wildlife in captivity.
Animal Welfare Relationship with the Enhancement of Productivity
Animal welfare includes the combination of both physical and mental well-being. A properly
balanced diet and water supplied in adequate amounts avoid physical and psychological suffering
from hunger and thirst; furthermore correct nutrition is crucial for optimal performance and to
sustain optimal fitness. So far little attention has been paid to understand the linkages between
animal nutrition and animal welfare.
The World Society for the Protection of Animals (WSPA) believes that the introduction of
animal welfare as an integral part of sustainable development is important, as global adherence
to animal welfare principles will have significant positive impacts for poverty eradication and
economic development, food security, public health, climate change and the preservation of
biodiversity.
According to WSPA (2012), over 1 billion of the world's poorest people depend on animals
for jobs, food, income, transport, social status or cultural identification, as well as financial
security. In other words, their animals are their main productive asset. Good animal welfare,
including animal health, can improve survival; reduce costs; and increase profits, enhancing the
15
productivity of that asset. As such, one could conclude that animal welfare is an important means
of reducing poverty and safeguarding livelihoods.
Animal Right
An animal right is the belief "that animals have rights in much the same way as people do".
Specifically, animals should not be viewed as property nor used as food, clothing, research
subjects, or entertainment (Blood & Studdert, 1999).
Animal Right vs. Animal Welfare
The Rights Position
The Welfare Position
Morality
Using animal is morally
wrong.
Using animal is morally right.
Benefits
We should not use animals
to benefit ourselves.
We can use animals to benefit
ourselves.
Interests
We should not invariably
overrule the interests of animal
with human interests.
Our interests are always more
important than the interests of
animals.
Pain We
should
not
inflict
pain
or death on animals.
We should not cause animals
`unnecessary' pain or death.
Humane
Treatment
We should always treat
animals humanely and elimi-
nate the human made causes of
animal suffering.
We should treat animals as hu-
manely as convenient to us.
(Source: ARF Newsletter, 2010)
16
Cruelty to Animals
The Oxford English Dictionary defines cruelty as, "a disposition to inflict suffering; delight
or indifference to another's pain; merciless, hard-heartedness".
Overpopulation is a major contributing factor of animal cruelty (HSUS, 2006b). The Humane
Society of Utah (2006) states a number of reasons for cruelty towards animals:
· Desire to control or retaliate against an animal
· Desire to retaliate against the animal's owner
· Fear or prejudice against a species or breed of animal
· Desire to express aggression by making an animal violent or aggressive
· Desire to enhance a person's own aggressiveness
· To shock others for amusement or for a person's own pleasure
· As displacement of hostility from a person to an animal
· Not caring or thinking about an animal's feelings or needs
· To fit in with a person's peer group
· For financial gain (animal fighting, breeding and/or puppy mill and factory farming)
Factors Contributing to Animal Cruelty
Animal Victim Characteristics
Dogs and cats are the most frequent victims of neglect and physical cruelty, although birds,
hamsters, gerbils, rabbits, and reptiles are sometimes abused. Most victims of animal cruelty are
pets, not wild animals (Arluke and Luke, 1997). Wild animals (e.g., raccoons, possums, deer
etc.) may be brutally attacked by poachers who intentionally hit the animal with a car or beat
them with a club or bat (DeLong, 2010). The animals are killed not for their meat, but rather for
sport or the thrill of causing harm. Hoarding cases usually involve dogs and cats and most
involve multiple species (Patronek, 1999).
Offender Characteristics
Neglected animals are often found in households where residents have alcohol and drug
problems and where residents are overwhelmed and have difficulty meeting their own basic
needs (Carlisle-Frank and Flanagan, 2006). Even though the cruelty is unintentional, owners who
lack essential knowledge may severely neglect their animals (Hackett and Uprichard, 2007).
17
While abuse occur at all socioeconomic levels, it is concentrated in lower socioeconomic
households (Flynn, 2001; Munro, 1999).
Types of Animal Abuse
According to HSUS (2006a), there are many forms of animal cruelty but the most common
are neglect and intentional cruelty. Several abuse cases are widely present(from higher frequency
to lower) like Malnourished, Emaciated, Shooting, Animal Fighting, Torturing, Beating, Mutila-
tion, Throwing, Burning, Poisoning, Stabbing, Kicking, Dragging, Animal Sexual Abuse,
Hanging and Run over with Vehicle.
The Abusers
According to HSUS (2006a), the vast majority of intentional cruelty and animal fighting in-
cidents were committed by men. Women had a higher percentage of involvement in animal
hoarding cases. Adults represented the highest percentage of abusers. In a study of animal cruelty
cases prosecuted in Massachusetts from 1975 to 1996, 96.6% of offenders were male (Arluke &
Luke, 1997).
18
Criminology
Criminology is the scientific study of crime, criminal behavior and law enforcement. Crimi-
nology is not only concerned with the causes and preventions of crime but the social impacts and
reactions to crime, as well as the criminals themselves.
Crime
An act or the commission of an act that is forbidden or the omission of a duty that is com-
manded by a public law and that makes the offender liable to punishment by that law; especially:
a gross violation of law (Merriam-Webster, 2006).
Criminologists often study what, exactly; goes on in the criminal's mind to make him or her
decide to act in a criminal manner. This can be very helpful as law enforcement pursues an
investigation. The study of violence against nonhuman animals largely has been ignored in the
realm of criminological inquiry. Despite the prevalence and pervasiveness of such criminality in
society (HSUS, 2001; Kellert & Felthous, 1985) and the considerable violence and suffering
involved, little attention has been given to the etiology of violence against animals and animal
cruelty. However, animal cruelty is beginning to be acknowledged by both the criminal justice
system (Frasch, et al., 1999; Sauder, 2000; Schlueter, 1999; Tischler, 1999) and criminologists
(Agnew 1998; Beirne 1995; 1999).
Animal Cruelty and Violent Crime
There is a link between animal abuse and psychologically- impaired and/or mentally dis-
turbed people (Pet-Abuse.com, 2006a). According to Pet-Abuse.com (2006a), studies in crimi-
nology, psychology, and sociology have shown that aggressive offenders, including serial killers,
usually committed or have a history of committing animal abuse during their childhood and
adolescent years. Animal cruelty is considered as one of the diagnostic criteria of conduct
disorder by American Psychiatric Association (Pet-Abuse.com, 2006a). According to the 2003
report of 1,373 animal cruelty cases conducted by HSUS (2006a), 6% of cases included infor-
mation on prior criminal records for the animal cruelty perpetrator. Prior offenses included
(HSUS, 2006a): Animal cruelty and neglect, Illegal drug possession, Firearms violations,
Domestic violence, Burglary, Assault, Kidnapping, Rape and Incest.
19
Children Who Are Cruel to Animals
According to Tapia (1971), the children who are cruel to animals suffer from hyperactivity,
short attention span, irritability, temper, destructiveness, and brain damage leading to poor
impulse control. Like enuresis and resetting, animal cruelty indicates one more sign of "impul-
sive character development" (Felthous, 1980). As such, the act of abuse has no social context and
is likened to angry or irritable aggression that provides an emotional and perhaps rewarding
release to aggressors.
It has been estimated that approximately 25% of children diagnosed with Conduct Disorder
(an externalizing behaviour disorder characterized by a persistent pattern of disregarding age
appropriate social norms and the basic rights of others) display cruelty to animals, and that
animal cruelty is often the first symptom of the disorder to appear. In fact the median age at
which the first incident of animal cruelty is reported is 6.5 years of age (Frick, et al., 1993).
Consequently childhood animal cruelty has been suggested as a potential `red flag' that could be
used in the early detection and intervention of externalizing behavioral disorders (Wilson &
Norris, 2003).
"Cruelty to animals is often associated with cruelty to other members of the family (and is)
related to the concept of dominance" (McIntosh, 2001). Many abusers use the family pet to
intimidate, threaten, coerce, violate or control children or spouses, and this often includes the use
of threats or actions towards the animals to obtain the victim's silence (Arkow, 1997; Adams,
1994).
Domestic Violence and Animal Abuse
The links between animal cruelty and interpersonal violence has been documented through
extensive research (Lockwood & Ascione, 1998; Ascione & Arkow, 1999). Therefore, human
service and animal welfare organizations are formed to deal with the interrelated problems of
woman battering, child maltreatment, and animal abuse.
Since domestic abuse is aimed toward the powerless, animal abuse and child abuse often go
hand in hand. Parents who neglect an animal's need for proper care or who abuse animals may
also abuse or neglect their children (DeViney, et al., 1983).
Details
- Pages
- Type of Edition
- Erstausgabe
- Year
- 2014
- ISBN (eBook)
- 9783954897346
- ISBN (Softcover)
- 9783954892341
- File size
- 3 MB
- Language
- English
- Publication date
- 2014 (March)
- Keywords
- Prosecution Animal Abuse Animal Cruelty Animal Welfare Criminology
