Animal Cruelty Investigations. Группа авторов

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6.7 Be Familiar with the Laws

      Law enforcement and prosecutors depend on veterinary expertise when determining if there has been a violation of law. Familiarize yourself with the laws in your state so you are aware which are relevant, and what specific requirements reside within each law. An officer may be investigating a “skinny horse” due to neighborhood complaints that she appears to be malnourished, only to find out from an involved veterinarian that the horse is geriatric and under care for a chronic condition resulting in adequate care but diminished condition. A police officer may not know the appropriate body appearance of dairy versus beef breeds of cattle and so on. A veterinarian answers these questions based on an understanding of the laws’ requirements for care.

      State statutes differ in the language used to describe animals, standards of care, abuse and neglect, and how specific categories, such as livestock or exotic animals, are defined. The knowledge and experience of the veterinarian guides law enforcement in determining whether a violation of a statute has occurred.

6.8 How to Find and Build Knowledge in the Area of Animal Law

Technology provides easy access to relevant governmental laws and regulations that every veterinarian must know. Staying current only requires time and access to technology or a printout of the latest information. The laws of your state or country that are relevant to animals are published on a regular basis and are worthy of a detailed study. Consider reviewing these annually and keeping a tabbed paper copy handy as a reference when you are working on a case and writing reports. Reach out to other experts in your area to learn more about the laws and how they are applied to animal cases. These experts include prosecutors, defense attorneys, animal control officers, veterinarians, and law enforcement professionals. Sources for finding the latest accurate information include state practice acts and veterinary medical associations. Federal laws can be found on American Veterinary Medical Association or government websites. The Animal Legal Defense Fund (ALDF) maintains an organized database of current animal protection laws [5].

6.9 Understand What the Prosecutor and Law Enforcement Need to Know

       6.9.1 Animal Neglect

Neglect laws specifically call out the basics of animal care, including food, shelter, water, and access to veterinary care, and are species specific in some areas (Figure 6.3). The veterinarian evaluates the evidence, including animals in some cases, and assists in determining whether or not failure to meet the legal standards for care has resulted in neglect. For example, 40 cats living in a hoarding situation may have access to plentiful food and water but are so severely flea‐infested they are dying of anemia (blood loss). In this case the animal owner met the standard of care for food and water, however, did not meet the standard for sanitation or veterinary care, and as an outcome of this failure the cats suffered or died.

       6.9.2 Animal Abuse

Laws may include language that describes an individual's mental state, such as “intentionally,” “recklessly,” or “knowingly” with regard to causing harm to an animal (Figure 6.4). The veterinarian's examination of evidence and knowledge can help the investigator determine whether the injury to the animal was intentional or accidental. Veterinarians understand the force required to break a dog's femur, for example, and can provide an opinion as to how the injury occurred. Degree of injury and the animal's ability to recover are also part of the veterinarian's assessment. In a case of aggravated animal abuse, the charge may stand if the animal is killed or permanently injured but be a lesser charge if the animal can fully recover from the incident.

Figure 6.3 Evaluating overall animal husbandry and access to veterinary care is a key responsibility of the veterinarian in matters of potential animal neglect.

      Source: Oregon Humane Society.

Figure 6.4 Veterinarians assist in ruling in or out the reported causes of injury or illness by answering the question as to whether or not the “story” aligns with the findings.

      Source: Oregon Humane Society.

6.10 How Animal Cruelty Investigations Surface and Become Active Cases

      Investigation of animal cruelty or neglect cases begins with a report from one or several sources. Private citizens are the eyes and ears of our communities and the most common reporters of suspected animal crimes. Local agencies responsible for investigating or referring these cases compile the information and determine what complaints to act upon. Most complaints are collected via phone or website reporting mechanisms. Private community practice and specialty practice veterinarians are also on the front line in recognizing and reporting animal neglect or abuse. Veterinary professionals, including doctors and staff, are more fluent in recognition and reporting of animal cruelty in recent years and may initiate a report that leads to an investigation. Other sources include humane agencies, animal control organizations, agriculture affiliates, social workers, and other in‐home vendors such as meter readers and repair personnel who may notice and report an animal at risk or suspicious activities.

      Some agencies are dedicated to the investigation of animal crimes and others are a specialized department within an organization. All government law enforcement agencies, whether local, state, or federal, are sworn to uphold all laws including those relating to animal theft, abuse, and other protections. Animal control agencies are on the front line in cities and counties to enforce animal cruelty laws in some jurisdictions and to educate on animal ordinances such as barking or managing stray dogs, cats, or other animals. Animal control agencies may be called upon to evaluate and lead or partner on investigating and responding to potential criminal animal crimes.

A wide range of concerns are reported for investigations, some of which fall into the category of an enforceable law, while others do not. For example, keeping a dog on a tether in a yard without shelter may not be against a code or law in some areas and is a violation of the law in other geographic areas. Common concerns include sanitation, husbandry, shelter, starvation, hoarding, abuse, lack of socialization, and organized fighting. These reports are typically evaluated and triaged by the organization to which they are reported. Agencies prioritize response based on legal requirements and resources available. Being accessible and willing to help is one of the most important attributes the veterinarian brings to the fight against animal cruelty.

References

      1 1 American Veterinary Medical Association (n.d.). Veterinarian's oath. https://www.avma.org/resources‐tools/avma‐policies/veterinarians‐oath (accessed 6 August 2021).

      2 2 American Veterinary Medical Association. (n.d.). Animal welfare: a humane responsibility. https://www.avma.org/resources/pet‐owners/animalwelfare (accessed СКАЧАТЬ