Anti-Cruelty

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Titlesort descending Summary
Waters v. Meakin


The respondent had been acquitted of causing unnecessary suffering to rabbits (contrary to the Protection of Animals Act 1911, s. 1(1)) by releasing them into a fenced enclosure from which they had no reasonable chance of escape, before setting dogs after them. Dismissing the prosecutor's appeal, the Divisional Court held that the respondent's conduct fell within the exception provided for "hunting or coursing" by sub-s. (3) (b) of s. 1of the 1911 Act. From the moment that the captive animal is liberated to be hunted or coursed, it falls outwith the protection of the 1911 Act, irrespective of whether the hunting or coursing is humane or sportsmanlike.

Westfall v. State


Defendant convicted of cruelty for intentionally or knowingly torturing his cattle by failing to provide necessary food or care, causing them to die. Defendant lacked standing to challenge warrantless search of property because he had no expectation of privacy under open fields doctrine.

What Claims Can be Brought When a Pet Has Been Shot Unlawfully?


This article reviews state and federal causes of action that can be brought when a pet has been shot unlawfully and the different claims that are available depending on whether the shooter is a government employee, such as a police officer or animal control official, or an ordinary citizen. The articles also explores the various defenses that defendants may assert, including qualified immunity for government employees.

What is the EU (European Union)?


This paper briefly outlines what the EU is and what countries make up the association. It also discusses how and why the EU was formed as well as the legislative structure.

Whitman v. State


Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside.

Why is it a Crime to Stomp on a Goldfish -- Harm, Victimhood and the Structure of Anti-Cruelty Offenses


Part I provides a brief recount of the history of Anglo-American statutes prohibiting harm to animals. In Part II, the notions of victimhood, consent and harm are explored in order to lay the groundwork for the claims that will be put forth in the remainder of the article. Part III examines five different theories advanced to explain the interest society seeks to promote by punishing acts that are harmful to animals. Part IV explains why it is not necessarily the case, as some animal law scholars have argued, that because animal cruelty statutes allow for the infliction of harm to animals as a result of hunting, scientific activities and farming, the interest primarily sought to be protected by these laws is something other than the protection of animals.

WI - Cats - Question 62 - DEFEATED

This controversial measure would have allowed hunters to hunt any cat that was found free roaming, meaning it did not exhibit a collar or other signs of domestic ownership.  At the Monday, April 11, 2005 meeting of the Wisconsin Conservation Congress, those in favor of the feral cat hunting proposal  approved the measure by a vote of 6,830 to 5,201.  This approval was then forwarded to the state Natural Resources Board for consideration.  Proponents of the measure suggest feral cats expose domestic animals to disease and endanger native songbirds.  Opponents of the measure counter that such a law would be cruel and archaic, putting domestic cats who have escaped from their homes at risk of death.  On May 25, 2005 at the Natural Resources Board regular spring meeting, a representative of the Congress indicated that the Executive Committee has declined to pursue the issue any further.  (See the official meeting minutes at page 5 at http://dnr.wi.gov/org/nrboard/minutes/M05/0505%20minutes.pdf ).  Feral cat advocates claimed a public relations victory, as the measure gained national and even international criticism.  (See Alley Cat Allies at http://www.alleycat.org/wi.html ).  (For more on the procedural history of this measure, see the "Long Summary" under the "Statute Details" above).   

WI - Cruelty - Consolidated Cruelty Statutes This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals.
WI - Impound - 173.23. Disposition of animals This Wisconsin statue provides the necessary elements for an owner needs to retrieve his or her impounded dog. Included are reasonable proof of ownership, licensure if required by statute or ordinance, proof of vaccination as required by ordinance, and payment of charges. If an animal is not claimed, the statute outlines several dispositions, such as adoption, euthanization, and sale of the animal at public auction, including sale at a licensed animal market.
WI - Vehicle - 895.484. Civil liability exemption; entering a vehicle to render assistance This Wisconsin law enacted in 2015 makes a person immune from civil liability for property damage or injury resulting from his or her forcible entry into a vehicle to rescue an animal or person. Immunity is provided only if certain conditions were met. The person must have a "good faith belief" that the person or domestic animal was in imminent danger of suffering bodily harm and used no more force than necessary to remove the person or animal. That person must have first determined the vehicle was locked and forcible entry was necessary, and that person must have dialed 911 or other emergency services prior to this action. In addition, the person must have waited with the person or animal until emergency services arrived or left information on the vehicle's windshield as described in the law.

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