MONTHLY INFORMATION
(SEPTEMBER)

Inhumane Treatment – Cruelty- Neglect

 In the United States today, it has been estimated that 62 million households have at least one cat, and 59 million households have at least one dog.  Surprisingly, the ferret comes in third while others have snakes, guinea pigs, and lizards for their family pets.  As our interests differ from the pets we enjoy, so does our understanding when it comes to inhumane treatment, cruelty and neglect.  We will look at how the law defines these terms, and what requirements must be met.   

Animal abuse, neglect or cruelty is the hardest case to prove.  Bringing charges in such a case are secondary to the real issue, which is stopping the abuse.  Most often the complainant’s goal is to stop this abuse.  Approximately 90 percent of these cases can be corrected with the proper education and fact-findings in each case.  Often the human perpetrator has profound psychosocial, medical or financial needs that have to be addressed, and which are coincidental or causal to the animal problem.  Other agencies such as public health and human services may need to become involved if there is to be a solution to an animal problem. 

From a district attorney’s point of view, criminal laws are merely the vehicles that allow the state to intervene in those situations described by state statutes or city ordinances.  At some point an informal opinion will be needed.  An animal expert frequently, but not always a veterinarian, can make the determination in support of the investigation that an animal is in fact suffering or deprived of good health or has been injured unnecessarily. 

One strives to act to preserve the wellbeing of any animal.  With a qualified expert, it is almost always possible to intervene on behalf of the animal, and ultimately to the benefit of the animal’s owner or caretaker through education. 

Animal cruelty cases can be more expensive than murder investigations and not nearly as satisfying upon conviction.  A convicted murderer may get life without parole; a convicted animal abuser may only get a fine and probation.  This becomes very troublesome to citizens who find the punishment for an animal abuser too lenient. 

Citizens often feel helpless or frustrated when attempting to intervene in animal abuse, neglect or abandonment situations.  Citizens are often unaware of exactly what state or local authorities can and cannot do about a given situation.  Others want the police to intervene and solve the problem, but do not want to become involved. 

Any investigation requires fresh and factual information as a specific starting point.  Before making a complaint, a complainant or witness should remember to cover the basic questions taught to any newspaper reporter: Who-What-When-Where-How and sometimes Why. 

Factual anonymous complaints can sometimes be acted upon, but most often a reluctant witness or complainant makes effective police work difficult, if not impossible to investigate, as the officer will need cooperation and a reliable basis from which to start.  If the case goes to trial, any witness may be called to testify and, therefore, cannot remain anonymous. 

State Definitions: 

Cruel: Causing unnecessary and excessive pain or suffering or unjustifiable injury or death. 

Mistreatment: No person may treat any animal, whether belonging to the person or another, in a cruel manner. 

Abandonment: No person may abandon any animal. 

Neglect: Failure to care for or attend to the needs of an animal.

Abuse: Mistreatment.