Название: Animal Cruelty Investigations
Автор: Группа авторов
Издательство: John Wiley & Sons Limited
Жанр: Биология
isbn: 9781119764908
isbn:
1.2 Why Definitions Are Important
Endeavoring to impart knowledge of the expectations and challenges posed to multiple professional disciplines involved in animal cruelty investigations begins with a foundation in relevant terminology. The words used by veterinarians, field officers, and prosecutors alike can have far‐reaching implications in an animal cruelty case. This in and of itself is a compelling reason to discuss verbiage. Beyond that motivation, we acknowledge that states, agencies, and individuals are going to have their own nuanced definition of words and concepts frequently referenced in this book. There are venues to delve into those nuances and make the case as to why one definition may be better than another, but this book is not that venue. The overarching concepts behind these terms and phrases should be relatively consistent across states and disciplines and the way this book uses them should be easily adapted to the way you, your organization, or your state uses those words. Do not let semantics detract from the fundamentals imparted in the chapters that follow.
1.3 Terms and Phrases: Animal Cruelty Cases
Each state uses different verbiage to craft its cruelty laws, but across the board there are certain concepts found in every state's animal protection laws. These are important concepts and definitions to understand and will be continually referenced throughout this book.
1.3.1 Animal
At first impression, it would seem that “animal” could be easily defined, but in reality, states struggle with how to categorize this noun in the context of their criminal code. Some states list what are considered “animals” in that state [1, 2]. Other states define the term by saying what it is not [3, 4]. Other states choose a more succinct definition and simply say an animal is defined as a nonhuman animal [5]. And some states choose to take the opportunity to narrow the definition beyond what one would typically interpret to be an “animal” [6, 7]. For the purposes of this book, we are discussing animal species who are subject to your state's animal cruelty laws.
1.3.2 Active Animal Cruelty
An individual (or corporation) can commit what has been identified as “active animal cruelty.” These are acts that are decisive, acute, and done with intention. The mental states typically associated with this type of animal cruelty are malicious, intentional, purposeful, and knowing. Examples of statutes that would fit under this category are aggravated animal abuse, aggravated cruelty to animals, torture, and sexual assault of an animal. Throughout this book, unless a specific crime is being referenced, the phrase “animal abuse” will be used to indicate active animal cruelty.
1.3.3 Passive Animal Cruelty
All states criminalize certain types of “passive animal cruelty.” This can be identified when the inaction of an individual (or corporation) causes undue suffering to an animal. Reckless and criminally negligent are the mental states often connected with these types of crimes, though inaction of an individual can also be intentional or knowingly done. Examples of statutes that would fit under this category are those that require the provision of minimum care (food, water, shelter, veterinary care) to animals. Throughout this book, unless a specific crime is being referenced, the phrase “animal neglect” will be used to indicate passive animal cruelty.
1.3.4 Good Animal Husbandry
In the context of animal cruelty work, the phrase “good animal husbandry” needs to be distinguished from the phrase “accepted animal husbandry practices.” The latter is a phrase frequently used when exempting certain agricultural and food production practices from the animal cruelty laws in a state. The former colloquially refers to providing species‐appropriate care to an animal in one's custody and can provide the basis for minimum care standards in a state.
1.3.5 Mandatory Reporting
Across many professional disciplines, particularly those likely to encounter vulnerable populations, there exists a duty to report certain actions, statements, observations, or suspicions to law enforcement. The field of animal welfare is no different. Lawyers and police officers working in this field are mandatory reporters of child and elder abuse. Social workers and human services employees are also mandatory reporters of child abuse. Veterinarians in many states1 are mandatory reporters of animal cruelty. Being a mandatory reporter means you must report, it is not optional, and it is not transferable; not reporting could result in disciplinary action.
By passing laws requiring animal control officers to report suspected child abuse or permitting social service employees to report suspected animal cruelty, states are promoting cross‐reporting. If there is one vulnerable entity being victimized, other vulnerable populations in the situation are at risk of also being victimized; cross‐reporting ensures that this likelihood is not overlooked.
1.4 Terms and Phrases: Veterinary Medicine
1.4.1 Acute
Refers to a condition or situation that has occurred very recently. Acute conditions may become chronic health concerns.
1.4.2 Bright, Alert, and Responsive (BAR)
“Bright, Alert, and Responsive” is an acronym veterinarians use to indicate an animal's presentation is normal.
1.4.3 Blunt Force Trauma
An injury or group of injuries caused by tissue impacting or colliding with a blunt object.
1.4.4 Body Condition Score (BCS)
A quantitative, yet subjective, method for evaluating body fat and overall condition using a standardized numbering system. There are various BCS scoring charts available for reference that are species specific. When you are assigning an animal a BCS using a chart for reference, be sure to include the name of the chart you are referencing and words from the description associated with the BCS you are assigning to the animal.
1.4.5 CBC/Chemistry
Stands for complete blood count and blood chemistry panel. These are blood tests veterinarians may order in furtherance of the diagnostic phase of an exam or to evaluate the overall health status and well‐being of an animal.
1.4.6 Chronic
Refers to a condition or situation that is persistent or reoccurring having not occurred very recently (hours or days).
1.4.7 Easy Keeper
A term used to refer to a livestock animal who maintains a normal body weight on a relatively modest or average amount of feed.
1.4.8 Lividity
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