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Brief Summary of Humane Societies and Enforcement Powers |
In some states, humane societies are granted police powers to enforce animal cruelty laws. This Article explains the systems that states use to grant police powers to humane societies.
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Brief Summary of International Comparative Animal Cruelty Laws |
Summary comparing the laws of the US and Europe on the subject of companion animals and confinement farming, including slaughter and transport.
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Brief Summary of Texas Animal Cruelty Laws |
High school level summary of Texas animal cruelty laws. The article touches on Texas criminal and civil cruelty laws, the limited scope of the Texas criminal provisions, and the newly enacted laws that deal with dangerous wild animals.
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Brief Summary of the Biology and Behavior of the Chicken |
A brief description of the biology and behavior of the domestic chicken.
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Brief Summary of the Legal Protections of the Domestic Chicken in the United States and Europe |
A brief summary of the state and federal laws that currently offer protection to the domestic chicken, whether used for food production, as pets or as research animals. The paper examines laws in the United States, Europe and New Zealand.
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Brinkley v. County of Flagler |
Appellee county sought to enjoin appellant from mistreating animals by filing a petition against her under Fla. Stat. ch. 828.073 (1997). The animals on appellant's property were removed pursuant to Fla. Stat. ch. 828.073, a statute giving law enforcement officers and duly appointed humane society agents the right to provide care to animals in distress. The entry onto appellant's property was justified under the emergency exception to the warrant requirement for searches. The hearing after seizure of appellants' animals was sufficient to satisfy appellant's due process rights.
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Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals |
Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty
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Brown v. State |
Defendant was found guilty of felony cruelty to animals after a Chow mix was found near defendant's mobile home emaciated and suffering from several long-term conditions that had gone untreated. Defendant was convicted in the Circuit Court, Pasco County and was sentenced to six months of community control followed by three years of probation. She timely appealed, raising several arguments. The District Court of Florida affirmed the trial court’s decision, writing only to address her claim that the trial court erred in denying her motion for judgment of acquittal because a felony conviction for animal cruelty Florida Statutes could not be based on an omission or failure to act. In doing so, the court noted that a defendant could be properly charged with felony animal cruelty under this version of the Florida statute for intentionally committing an act that resulted in excessive or repeated infliction of unnecessary pain or suffering to an animal by failing to provide adequate food, water, or medical treatment. The court then held that sufficient evidence existed showing that defendant owned a dog and failed, over a period of more than one year, to provide adequate food, water and needed medical care. |
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Browning v. State |
The Brownings were each charged with 32 counts of animal cruelty and convicted of five counts for their failure to provide adequate nutrition and veterinary care to their horses and cattle. As a result, Cass County seized and boarded several of their animals at a significant cost to the county. Although only five of those horses and cattle were ultimately deemed to be the subject of the defendants' cruelty, the appellate court affirmed the order requiring the Brownings to reimburse the county for boarding and caring for the horses and cattle during the proceedings totaling approximately $14,000 in fines and costs.
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Bueckner v. Hamel |
Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.
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