Animal Law

Dogs Go To Heaven, Animal Abusers Go To Jail

The law is coming after animal abusers.

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Here’s an interesting legal question that does not break down along Republican/Democrat or liberal/conservative lines: should animal abusers go to jail?

Okay, sure, unless you are a psychopath, you probably think that animal torturers should go to jail. But what about run-of-the-mill, “the dog was bothering me so I kicked it” people? Should the punishment for kicking a cat down a flight of stairs be just as severe as kicking a human down a flight of stairs? Should it be worse?

It’s a tough call, right? Personally, I think people who abuse animals are the scum of the Earth. Maybe one small step up from pedophiles, but right down there with child abusers and other violent criminals in terms of moral turpitude.

But in terms of legal punishment? Really, do we want to ruin people’s lives and contribute to the over-incarceration of our society by putting people in jail for kicking a cat? Where do you draw the line? The last time I had a mouse, I bought a “humane” electrocution trap that killed the sucker in two seconds before I dumped it in my trash. I don’t expect to arrested for publishing that information…

The New York Times has a trend piece on the issue. At its heart, the Times explains:

On one side are the activists. Once dismissed as cat ladies or fringe do-gooders, they have come to wield real power through funding, organization and a focus on legal remedies for animal abuse. They have embraced social-media campaigns; offered rewards to potential witnesses to animal abuse; trained prosecutors; and made inroads in pushing law enforcement across the country to arrest, and seek jail time for, animal abusers.

Yet lawyers defending the accused say that punishment can seem disproportionate to the crime when an animal is the victim. They say that putting people in jail can have serious long-term effects, from starting or strengthening gang affiliations, to taking someone away from school or a job to which they may not return.

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The FBI now specifically tracks animal abusers, and the NYPD has created a special unit to deal with animal abuse complaints. I would watch Law & Order: Dog Duty. Animal activists make the good point that animal abuse can be a sign of people abuse to come. I believe that Hannibal Lecter’s diagnosis on Buffalo Bill is controlling on the matter.

On the other hand, criminal defense lawyers make the good point that we don’t put people in jail for what they might do. Your movie here is going to be Minority Report. Also, if we are dealing with fledgling criminals, putting them in jail is like putting them through finishing school for future crimes.

Counseling seems like it should be the right answer. For instance, Michael Vick does appear to have learned that what he did was wrong. Maybe he had a very good therapist. Or… maybe losing millions of dollars, losing his job, and becoming a public pariah taught him that he better go around and say nice things about animals.

But counseling also doesn’t seem like a sufficient punishment for some of the crimes we’re talking about. Look at this asshole:

In another animal abuse case, the Animal Legal Defense Fund, a California-based nonprofit, offered $1,000 for information leading to the arrest of the person who set a cat on fire in a Brooklyn apartment building. The fund posted fliers in the neighborhood where the episode occurred; four witnesses eventually came forward, leading to the arrest and conviction of Denzell Oglesby, who was sentenced in March to a year in jail.

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A year seems light for the sick bastard who did that. He should probably also get some counseling, while in jail.

In New York at least, there are well developed laws regarding cruelty to animals. The real “trend” here is that those laws are being enforced. If prison seems too extreme to defense lawyers, it’s likely because those statutes have been under-enforced for too long.

He Kicked a Stray Cat, and Activists Growled [New York Times]

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