Cruelty to animals: Difference between revisions

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Broadly speaking, there are two approaches to the issue. The [[animal welfare]] position holds that there is nothing inherently wrong with using animals for human purposes, such as food, clothing, entertainment, and research, but that it should be done in a humane way that reduces unnecessary suffering. [[Animal rights]] theorists criticize this position, arguing that the words "unnecessary" and "humane" are subject to widely differing interpretations, and that the only way to ensure protection for animals is to end their status as property, and to ensure that they are never used as [[Commodity|commodities]]. Laws concerning animal cruelty are designed to prevent needless cruelty to animals, rather than killing for other aims such as food, or they concern species not eaten as food in the country involved, such as those regarded as pets.
Broadly speaking, there are two approaches to the issue. The [[animal welfare]] position holds that there is nothing inherently wrong with using animals for human purposes, such as food, clothing, entertainment, and research, but that it should be done in a humane way that reduces unnecessary suffering. [[Animal rights]] theorists criticize this position, arguing that the words "unnecessary" and "humane" are subject to widely differing interpretations, and that the only way to ensure protection for animals is to end their status as property, and to ensure that they are never used as [[Commodity|commodities]]. Laws concerning animal cruelty are designed to prevent needless cruelty to animals, rather than killing for other aims such as food, or they concern species not eaten as food in the country involved, such as those regarded as pets.


==In law==
==In(BUEY)law==
Many jurisdictions around the world have enacted statutes which forbid cruelty to some animals but these vary by country and in some cases by the use or practice.
Many jurisdictions around the world have enacted statutes which forbid cruelty to some animals but these vary by country and in some cases by the use or practice.


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{{globalize}}
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[[Snuff films]], also called crush films can be found on the internet. These films depict instances of animal cruelty, and/or pornographic acts with animals, usually involving the crushing death of an animal, including insects, mice, rats, guinea pigs, hamsters, monkeys, birds, cats, and dogs. In 1999, the US government banned the depiction of animal cruelty, however the law was overturned by the 3rd U.S. Circuit Court of Appeals which ruled that these films were protected as free speech.<ref>[http://www.law.com/jsp/article.jsp?id=1202423147825 3rd Circuit Strikes Down Law Criminalizing Sale of Animal Cruelty Depictions]</ref> In December 2008, the US [[Department of Justice]] asked the U.S. [[Supreme Court]] to review the lower court's decision and reinstate the ban on depictions of animal cruelty indicating that the ban reinforces existing animal cruelty laws in all states.<ref>[http://www.post-gazette.com/pg/08352/935594-85.stm Animal cruelty case pushed to top court]</ref> It is estimated that thousands of titles may be available internationally. The internet has also allowed for those wishing to receive notoriety to post videos of animal abuse.
[[Snuff films]], also called crush films can be found on the internet. These films depict instances of animal cruelty, and/or pornographic acts with animals, usually involving the crushing death of an animal, including insects, mice, rats, guinea pigs, hamsters, monkeys, birds, cats, and dogs. In 1999, the US government banned the depiction of animal cruelty, however the law was overturned by the 3rd U.S. Circuit Court of Appeals which ruled that these films were protected as free speech.<ref>[http://www.law.com/jsp/article.jsp?id=1202423147825 3rd Circuit Strikes Down Law Criminalizing Sale of Animal Cruelty Depictions]</ref> In December 2008, the US [[Department of Justice]] asked the U.S. [[Supreme Court]] to review the lower court's decision and reinstate the ban on depictions of animal cruelty indicating that the ban reinforces existing animal cruelty laws in all states.<ref>[http://www.post-gazette.com/pg/08352/935594-85.stm Animal cruelty case pushed to top court]</ref> It is estimated that thousands of titles may be available internationally. The internet has also allowed for those wishing to receive notoriety to post videos of animal abuse.
BEUY!


==Notes==
==Notes==

Revision as of 12:44, 3 March 2009

Cruelty to animals refers to the infliction suffering or harm to animals as an end in and of itself. However, it has also been defined as causing harm for specific gain such as killing animals for food or fur use.

Broadly speaking, there are two approaches to the issue. The animal welfare position holds that there is nothing inherently wrong with using animals for human purposes, such as food, clothing, entertainment, and research, but that it should be done in a humane way that reduces unnecessary suffering. Animal rights theorists criticize this position, arguing that the words "unnecessary" and "humane" are subject to widely differing interpretations, and that the only way to ensure protection for animals is to end their status as property, and to ensure that they are never used as commodities. Laws concerning animal cruelty are designed to prevent needless cruelty to animals, rather than killing for other aims such as food, or they concern species not eaten as food in the country involved, such as those regarded as pets.

In(BUEY)law

Many jurisdictions around the world have enacted statutes which forbid cruelty to some animals but these vary by country and in some cases by the use or practice.

Australia

In Australia, many states have enacted legislation outlawing cruelty to animals, however, it is argued that welfare laws do not adequately extend to production animals.[1] Whilst police maintain an overall jurisdiction in prosecution of criminal matters, in many states officers of the RSPCA and other animal welfare charities are accorded authority to investigate and prosecute animal cruelty offences.

Most jurisdictions simply do not depend on law enforcement officers who may not be knowledgeable in the area or assign it a high priority. Spectacular stories about grave atrocities and animal hoarders are mainstays of non-local TV news reporting, but most offences do not concern lack of adequate shelter or food and similar somewhat neglect in animal care.

China

As of 2006 there were no available laws in China governing acts of cruelty to animals.[2] In certain jurisdictions such as Fuzhou, dog control officers may kill any unaccompanied dogs on sight. However, the People's Republic of China is currently in the process of making changes to its stray-dog population laws in the capital city, Beijing. Mr. Zheng Gang who is the director of the Internal and Judicial Committee which comes under the Beijing Municipal People's Congress (BMPC), supports the new draft of the Beijing Municipal Regulation on Dogs from the local government. This new law is due to replace the current Beijing Municipal Regulation on Dog Ownership, introduced in 1889. The current regulation talks of "strictly" limiting dog ownership and controlling the number of dogs in the city. The new draft focuses instead on "strict management and combining restrictions with management."[3] There are no government supported charitable organizations like the RSPCA, which monitors the cases on animal cruelty, so that all kinds of animal abuses, such as to fish, tigers, and bears, are to be reported for law enforcement and animal welfare.[4][5][6][7][8][9][10]

Mexico

In Mexico, animal cruelty laws are slowly being implemented. The Law of Animal Protection of the Federal District is wide-ranging, based on banning 'unnecessary suffering.' Similar laws now exist in most states. However, this is disregarded by much of the public and authorities.

United Kingdom

In the United Kingdom, cruelty to animals is a criminal offense and one may be fined or jailed for it for up to five years. On February 15, 1911, the House of Commons introduced the Protection of Animals act on behalf of the Royal Society for the Prevention of Cruelty to Animals (RSPCA). The maximum punishment was 6 months of "hard labour" with a fine of 25 pounds. [11]

Egypt

Egyptian law states that anyone who inhumanely beats or intentionally kills any domesticated animal may be jailed or fined, or in some cases even beaten to death so that they can feel what it's like when they give that abuse to animals; however, these laws are rarely enforced. The Egyptian Society for the Prevention of Cruelty to Animals was established by the British over a hundred years ago, and is currently administered by the Egyptians. The SPCA was instrumental in promoting a 1997 ban on bullfighting in Egypt.[12]

United States

In the United States a few jurisdictions, notably Massachusetts and New York, agents of humane societies and associations may be appointed as special officers to enforce statutes outlawing animal cruelty. "Brute Force: Animal Police and the Challenge of Cruelty" by Arnold Arluke is an ethnographic study of these special humane law enforcement officers. [13]

In 2004, a Florida legislator proposed a ban on "cruelty to bovines," stating: "A person who, for the purpose of practice, entertainment, or sport, intentionally fells, trips, or otherwise causes a cow to fall or lose its balance by means of roping, lassoing, dragging, or otherwise touching the tail of the cow commits a misdemeanor of the first degree."[14]

It is to be noted, however, that in the USA ear cropping, tail docking, the Geier Hitch, rodeo sports and other acts perceived as cruelty in many other countries are often condoned. Penalties for cruelty can be minimal, if pursued. Currently, 44 of the 50 states have enacted felony penalties for certain forms of animal abuse.[15] However, in most jurisdictions, animal cruelty is most commonly charged as a misdemeanor offense. In one recent California case, a felony conviction for animal cruelty could theoretically net a 25 year to life sentence due to their three-strikes law, which increases sentences based on prior felony convictions.[16]

In 2003, West Hollywood, California passed an ordinance banning declawing of house cats.[17] In 2007, Norfolk, Virginia passed legislation only allowing the procedure for medical reasons.[18] However, most jurisdictions allow the procedure. It is illegal in many parts of Europe.[19]

Many state animal cruelty laws exempt animals used in United States Department of Agriculture licensed facilities since the use and humane treatment of some of these animals is regulated by the federal Animal Welfare Act. In 1992, a Federal District Court judge ruled that mice, rats and birds bred for laboratory use, who account for about 90% of animals used in laboratories, should be covered by the Animal Welfare Act,[20] however this decision was never implemented into law.[21]

Circuses

The use of animals in the circus has been a matter for argument recently, as animal welfare groups have documented instances of animal cruelty, used in the training of performing animals. The Humane Society of the United States has documented multiple cases of abuse and neglect,[22] and cite several reasons for opposing the use of animals in circuses, including confining enclosures, lack of regular veterinary care, abusive training methods and lack of oversight by regulating bodies.[23] Animal trainers have argued that some criticism is not based in fact, including beliefs that animals are 'hurt' by being shouted at, that caging is cruel and common, and the harm caused by the use of whips, chains or training implements.[24]

Restrictions

Following the campaign, new regulations were enacted that prohibit the use of animals in circuses in Israel. Finland, and Singapore have restricted the use of animals in entertainment. The UK and Scottish Parliaments have committed to ban certain wild animals in travelling circuses and approximately 200 local authorities in the UK have banned all animal acts on council land.[citation needed] Animal acts are still very popular throughout much of Europe, the Americas and Asia. In the United States animal welfare standards are overseen by the United States Department of Agriculture under provisions of the Animal Welfare Act. Efforts to ban circus animals in cities like Denver, Colorado have been rejected by voters. Some circuses now present animal-free acts.[25]

In theory and practice

There are many reasons why individuals abuse animals. Animal cruelty covers a wide range of actions (or lack of action). Learning about animal abuse has revealed patterns of behavior employed by abusers. [26]

Animal cruelty is often broken down into two main categories: active and passive, also referred to as commission and omission, respectively.

Passive cruelty is typified by cases of neglect, in which the cruelty is a lack of action rather than the action itself. Examples of neglect are starvation, dehydration, parasite infestations, allowing a collar to grow into an animal’s skin, inadequate shelter in extreme weather conditions, and failure to seek veterinary care when necessary.

In many cases of neglect in which an investigator believes that the cruelty occurred out of ignorance, the investigator may attempt to educate the pet owner, then revisit the situation. In more severe cases, exigent circumstances may require that the animal be removed for veterinary care.

Active cruelty implies malicious intent, as when a person has deliberately and intentionally caused harm to an animal, and is sometimes referred to as NAI (Non-Accidental Injury). Acts of intentional animal cruelty may be indicators of serious psychological problems. [citation needed] There is an intrinsic link between battered pets and battered women and children. The likelihood that women's shelter personnel will encounter women and children who have been threatened by batterers using animal abuse as a weapon is high. This is because more families in America have pets than have children. Secondly, the majority of pet owners are themselves parents with children. Thirdly, 64.1% of households with children under age 6, and 74.8% of households with children over age 6, also have pets. Lastly, as many as 71% of pet-owning women seeking shelter at safe houses have reported that their partner had threatened and/or actually hurt or killed one or more of their pets; 32% of these women reported that one or more of their children had also hurt or killed pets. Battered women report that they are prevented from leaving their abusers because they fear what will happen to the animals in their absence. Animal abuse sometimes is used as a form of intimidation in domestic disputes. [27]

Psychological disorders

One of the known warning signs of certain psychopathologies, including anti-social personality disorder, also known as psychopathic personality disorder, is a history of torturing pets and small animals, a behavior known as zoosadism. According to the New York Times, "[t]he FBI has found that a history of cruelty to animals is one of the traits that regularly appears in its computer records of serial rapists and murderers, and the standard diagnostic and treatment manual for psychiatric and emotional disorders lists cruelty to animals a diagnostic criterion for conduct disorders.[28] "A survey of psychiatric patients who had repeatedly tortured dogs and cats found all of them had high levels of aggression toward people as well, including one patient who had murdered a young boy."[28] Robert K. Ressler, an agent with the Federal Bureau of Investigation's behavioral sciences unit, studied serial killers and noted,"Murderers like this [Jeffrey Dahmer] very often start out by killing and torturing animals as kids."[29]

Cruelty to animals is one of the three components of the Macdonald triad, indicators of violent antisocial behavior in children and adolescents. According to the studies used to form this model, cruelty to animals is a common (but not with every case) behavior in children and adolescents who grow up to become serial killers and other violent criminals.

It has also been found that animal cruelty in children is frequently committed by children who have witnessed or been victims of abuse themselves. In two separate studies cited by the Humane Society of the United States roughly one-third of families suffering from domestic abuse indicated that at least one child had hurt or killed a pet.[30]

Film making

Animal cruelty has long been an issue with the art form of filmmaking, with even some big-budget Hollywood films receiving criticism for allegedly harmful -- and sometimes lethal -- treatment of animals during production. One of the most infamous examples of animal cruelty in film was Michael Cimino's legendary flop Heaven's Gate, in which numerous animals were brutalized and even killed during production. Cimino allegedly killed chickens and bled horses from the neck to gather samples of their blood to smear on actors for Heaven's Gate, and also allegedly had a horse blown up with dynamite while shooting a battle sequence, the shot of which made it into the film. After the release of the film Reds, the star and director of the picture, Warren Beatty apologized for his Spanish film crew's use of tripwires on horses while filming a battle scene, when Beatty wasn't present. Tripwires were used against horses when Rambo III and The Thirteenth Warrior were being filmed. An ox was sliced nearly in half during production of Apocalypse Now, while a donkey was bled to death for dramatic effect for the film Manderlay, in a scene later cut from the film.

Cruelty in film exists in movies overseas. There is a case of cruelty to animals in the South Korean film The Isle, according to its director Kim Ki-Duk.[31] In the film, a real frog is skinned alive while fish are mutilated. Several animals were killed for the camera in the controversial Italian film Cannibal Holocaust.[32] The images in the film include the slow and graphic beheading and ripping apart of a turtle, a monkey being beheaded and its brains being consumed by natives and a spider being chopped apart. In fact, Cannibal Holocaust was only one film in a collective of similarly themed movies (cannibal films) that featured unstaged animal cruelty. Their influences were rooted in the films of Mondo filmmakers, which sometimes contained similar content.

More recently, the video sharing site YouTube has been criticized for hosting thousands of videos of real life animal cruelty, especially the feeding of one animal to another for the purposes of entertainment and spectacle. In spite of these videos being flagged as inappropriate by many users, YouTube has generally failed to take the same policing actions to remove them that they have with videos containing copyright infringement or sexual content.[33][34]

The Screen Actors Guild (SAG) has contracted with the American Humane Association (AHA) for monitoring of animal use during filming or while on the set.[35] Compliance with this arrangement is voluntary and only applies to films made in the United States. Films monitored by the American Humane Association may bear one of their end-credit messages. Many productions, including those made in the US, do not advise AHA or SAG of animal use in films, so there is no oversight.[36]

Snuff films

Snuff films, also called crush films can be found on the internet. These films depict instances of animal cruelty, and/or pornographic acts with animals, usually involving the crushing death of an animal, including insects, mice, rats, guinea pigs, hamsters, monkeys, birds, cats, and dogs. In 1999, the US government banned the depiction of animal cruelty, however the law was overturned by the 3rd U.S. Circuit Court of Appeals which ruled that these films were protected as free speech.[37] In December 2008, the US Department of Justice asked the U.S. Supreme Court to review the lower court's decision and reinstate the ban on depictions of animal cruelty indicating that the ban reinforces existing animal cruelty laws in all states.[38] It is estimated that thousands of titles may be available internationally. The internet has also allowed for those wishing to receive notoriety to post videos of animal abuse. BEUY!

Notes

  1. ^ Graeme McEwen. The fox is in charge of the chickens Animals Australia, retrieved July 4, 2008.
  2. ^ Richard Spencer. Just who is the glamorous kitten killer of Hangzhou? April 3, 2006.
  3. ^ "Beijing loosens leash on pet dogs". Chinadaily.com.cn. Retrieved 2008-11-06.
  4. ^ SBS Australia. "The Biggest Chinese Restaurant in the World". Retrieved 4 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  5. ^ Journal of Ecotourism. "The Shark Watching Industry and its Potential Contribution to Shark Conservation". Retrieved 8 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  6. ^ Sohu Forum. "人类的饮食与野生动物的灭绝有着本质和必然的联系". Retrieved 8 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  7. ^ 中国青年报. "国家禁令挡不住虎骨酒热销". Retrieved 4 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  8. ^ Jadecampus. "Conservationists Call on China to Support Law Over Tiger Farms". Retrieved 4 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  9. ^ PETA. "Other Common Atrocities". Retrieved 4 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  10. ^ 中国青年报. "拿什么拯救你可怜的黑熊:能不能不用熊胆?". Retrieved 4 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  11. ^ The Times, Monday, Jan 01, 1912; pg. 3; Issue 39783; col F "The Animals' New Magna Charter"
  12. ^ Humanity, through animal care
  13. ^ Book Review: Brute Force: Animal Police and the Challenge of Cruelty
  14. ^ Emery, David. "Florida to Consider Ban on Cow Tipping". About.com. Retrieved 2007-06-07.
  15. ^ "ALDF: Resources". Aldf.org. Retrieved 2008-11-06.
  16. ^ "Accused Dog Killer Could Get 25 Years to Life in Prison". Kron4.com. Retrieved 2008-11-06.
  17. ^ Judge allows California cities to ban cat declawing
  18. ^ Norfolk Bans De-Clawing Of Cats
  19. ^ Declawing Cats: Manicure or Mutilation?
  20. ^ Court Say Rats, Mice, Birds Covered bv Animal Welfare Act
  21. ^ Use of Animal Subjects
  22. ^ "Circus Incidents: Attacks, Abuse and Property Damage" (PDF). Humane Society of the United States. 2004-06-01. Retrieved 2008-05-23.
  23. ^ "Circuses". Humane Society of the United States. Retrieved 2008-05-23.
  24. ^ Patton, K (2007-04-01). "Frequently Asked Questions: Do circus trainers/handlers abuse animals?". lionden.com. Retrieved 2008-05-23.
  25. ^ "Animal-Free Circuses: Factsheet" (PDF). PETA. 2005-08-09. Retrieved 2008-05-28.
  26. ^ "Pet-Abuse.Com - Animal Cruelty". Pet-abuse.com. Retrieved 2008-11-06.
  27. ^ "Domestic Violence & the Animal Abuse Link". Animaltherapy.net. Retrieved 2008-11-06.
  28. ^ a b Felthous, Alan R. (1998). Aggression against Cats, Dogs, and People. In Cruelty to Animals and Interpersonal Violence: Readings in Research and Applications. West Lafayette, Indiana: Purdue University Press. pp. 159–167.
  29. ^ "Clues to a Dark Nurturing Ground for One Serial Killer". New York Times. 1991-08-07.
  30. ^ "Animal Cruelty and Family Violence: Making the Connection". Humane Society of the United States. Retrieved 2008-10-26.
  31. ^ Andy McKeague, An Interview with Kim Ki-Duk and Suh Jung on The Isle at monstersandcritics.com, May 11, 2005, retrieved March 11, 2006.
  32. ^ "Pointless Cannibal Holocaust Sequel in the Works". Fangoria. Retrieved 2007-01-13.
  33. ^ Times online, timesonline.co.uk August 19, 2007, retrieved August 25, 2007.
  34. ^ Practical Fishkeeping, practicalfishkeeping.co.uk May 17, 2007, retrieved August 25, 2007.
  35. ^ Entertainment Industry FAQ
  36. ^ Earning Our Disclaimer
  37. ^ 3rd Circuit Strikes Down Law Criminalizing Sale of Animal Cruelty Depictions
  38. ^ Animal cruelty case pushed to top court

Further reading

  • Arluke, Arnold. Brute Force: Animal Police and the Challenge of Cruelty, Purdue University Press (August 15, 2004), hardcover, 175 pages, ISBN 1-55753-350-4. An ethnographic study of humane law enforcement officers.
  • Lea, Suzanne Goodney (2007). Delinquency and Animal Cruelty: Myths and Realities about Social Pathology, hardcover, 168 pages, ISBN 978-1-59332-197-0. Lea challenges the assertion made by animal rights activists that animal cruelty enacted during childhood is a precursor to human-directed violence. The activists argue that our most violent criminals started off their bloody sprees with animal torture. Many parents, teachers, school administrators, and policy makers have thus accepted this claim on face value. In contrast, Lea finds that, in fact, many American youngsters-- and boys, especially-- engage in acts of animal cruelty but that few of these children go on to enact human-directed violence.
  • Munro H. (The battered pet (1999) In F. Ascione & P. Arkow (Eds.) Child Abuse, Domestic Violence, and Animal Abuse. West Lafayette, IN: Purdue University Press, 199-208.

External links

Template:Humane Society

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