animal fighting

Download Animal Fighting

Post on 03-Dec-2014

1.045 views

Category:

Documents

0 download

Embed Size (px)

DESCRIPTION

 

TRANSCRIPT

  • 1. Animal Law CRJS 230Hudson Valley CommunityCollege Valerie A. Lang, J.D., M.L.S.

2. Stolen from New HavenAnimal Shelter January 2007 3. NEW YORK:The term, Animal Fightingshall mean any fight between dogs or any other animals. 4. $$$$$$$$$$$$ Dog fighting generates many millions ofdollars in unreported income every year. 5. Formal AgreementIn dog fighting, a formal agreement is usually signed by the owners of the dogs to be matched, often severalmonths in advance of the fight date. 6. Informal Side BetsThe second and most visible form of gambling at a dogfight involves informal side bets amongindividual spectators. 7. Promoters of animal fights usually reap large sums of money from concession sales, such as alcoholicbeverages, admissions fees, and sale of paraphernalia. 8. $$$$$$$$$$$$Another way those involved in animal fighting ventures make money is by selling animals and breeding services.Champion fighting dog - $10,000+Stud fees - $1,000+Puppies - $150-$1,500+ 9. DRUGS AND WEAPONS Violence associated with these activitiesseems to be on the rise. Gang rape of a young woman in TX 10. Pitbull Problem Flash Videothe pit bull problem (what is man without the beasts?) - flash 11. U.S. Supreme Court on Animal Cruelty Videos October 2009 A Virginia man prosecuted for sellingvideos of dog fighting challenged a federallaw that makes those videos illegal. ALDF link 12. Animal Fighting: New YorkAgriculture and Markets Law, Article 26, Section 351 13. New Yorks animal cruelty law includes felony charges misdemeanor charges, or violations depending on the activity. 14. Felony Provisions 15. Any person who engages in any of the following conduct is guilty of a felony:(a) For amusement or gain, causes any animal toengage in fighting Example: Tyler and Justin are walking down the streets of Troy with Tylers pit bull dog named Blue. Another pit bull is walking down the street in their direction. Tyler looks at Jon and says, Lets see what they can do. Jon agrees. 16. Any person who engages in any of the following conduct is guilty of a felony:(b)Trains, (c) breeds or sells any animal under circumstances evincing an intent that such animal engage in fighting 17. Any person who engages in any of thefollowing conduct is guilty of a felony:(d) Permits these acts (causes afight, trains, breeds, or sells) to occur onpremises under his control Example: Jennifer organizes a cock fight at her party Saturday afternoon. None of the animals in the fight are hers, but she arranged the event. 18. FELONY(e) Owns orpossesses anyanimal trained toengage in fightingon premises wherefighting is beingconducted undercircumstancesevincing an intentthat such animalengage in fighting. 19. Misdemeanor Provisions 20. It shall be a misdemeanor to: Own, possess or keep any animal undercircumstances evincing an intent that suchanimal engage in fighting. 21. It shall be a misdemeanor to: Be a spectator and having paid an admissionor made a wager at a fight. 22. 2008: Violation Added Being present as a spectator Currently as the law stands, if you are aspectator at an animal fight (without bettingslips or admission fee) AND have beenconvicted within 5 years of this, the secondconviction is a misdemeanor. 23. Bill to Strengthen Section 351 If passed into law, this bill would make it a misdemeanor to beknowingly present as a spectator where an exhibition of animalfighting is being conducted, regardless of evidence of betting or payingadmission fee. Just being there would be enough. This bill would also make it a felony to be present as a spectator forany person who has been previously convicted of a being present at ananimal fight within the past five years. 24. In the U.S., fighting dogs are almost exclusively American pit bull terriers. Pit bulls used forfighting are often keptin a yard onextremely heavychains. This is done tostrengthen neckmuscles as well askeep the dogs fromattacking each other. 25. How to find out of dog fighting is going on in your area Check local newspapers and the Want AdDigest for ads of Game Bred Pit Bulls. Check the Internet. Talk to Animal Control Officers. Check with the local Town Clerk. Check area airports to ascertain if pit bullsare being flown in or out. 26. Law Enforcement: Be suspicious ofreports regarding stolen dogs in your patrol area. 27. Enforcement of AnimalFighting Laws 28. Due to the usually large group of suspects that may be present at illegal animal fighting exhibitions, and the specializednature of these criminalactivities, there are a number of common problems associated withenforcement of animal fighting laws. 29. Common Problems: Having enough law enforcement personnelon the scene to detain and arrest all suspectswhile ensuring officer safety and preservingevidence INTENT responsibility of law enforcementon scene to gather evidence to establish intent THIS IS CRITICAL when you read Art. 26 Sec. 351 30. Search Warrants: When executing a Search Warrant, do notallow the news media on the property. Photograph the entire scene as well as eachanimal. Seize all evidence used for trainingincluding; chains, collars, springpoles, weight scales, breakingsticks, drugs, magazines, trophies, computers, breeding records, carpet, components ofany pits, guns, other weapons, etc. 31. Spring pole, breakingstick, treadmill, magazines, dru gs, alcohol 32. Take several photos of injuries 33. . 34. . 35. . 36. Suggested On the Scene Questions:Why are you here?How did you get here?How were you going to leave?Who did you come with?What did you see?How long before you were detained did you see it going on? 37. Retain copies Keep a copy of all records of originalsturned over to the police or ADA. Keep a copy of all photographs. 38. Coordinate with Law Enforcement Because of thespecialized natureof the criminalactivity, participants are often scatteredover a wide areainvolving multiplejurisdictions. 39. Think Outside the Box!Additional ChargesCriminal mischief, arson, destruction of propertyChild endangermentUnlawful entry on property such as burglary or trespassAssault with a dangerous instrumentNuisance, noise, zoning, housing code violationsLocal dog control laws 40. Vick and the Federal LawThe Constitution enumerates powers if it isnt stated in the Constitution, it cant be done (theoretically). 41. U.S. ConstitutionArticle 1Section 8 Section 8. The Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. If you really want to study this: click here. 42. Federal Law Vick was in prison for violating7 USCS 2156 (AWA) 2156. Animal fighting venture prohibition(a) Sponsoring or exhibiting an animal in an animal fighting venture.(1) In general. Except as provided in paragraph (2), it shall be unlawfulfor any person to knowingly sponsor or exhibit an animal in an animalfighting venture, if any animal in the venture was moved in interstateor foreign commerce.(b) Buying, selling, delivering, or transporting animals for participation in animal fightingventure. It shall be unlawful for any person to knowingly sell, buy, transport, deliver,or receive for purposes of transportation, in interstate or foreign commerce, anydog or other animal for purposes of having the dog or other animal participate in an animal fighting venture. 43. Animal Fighting ProhibitionEnforcement Act (2007) Felony penalties for interstate commerce, import and export related toanimal fighting activities It should make it much harder for criminals who engage in dogfightingand cockfighting to continue their operations. Each violation of the federal law may bring up to three years in prisonand up to a $250,000 fine. The law took effect immediately (May 3, 2007). 44. Original charges:April 2008(1) Conspiracy to travel ininterstate commerce in aidof unlawful activities(conspiracy to engage inracketeering) and (2)Conspiracy to sponsor a dogin an animal fightingventure Plea: single conspiracycount for running a brutalinterstate dogfighting ringwith three co-conspirators 45. HSUS$5,000 Reward 46. ASPCA Combating Dogfighting The U.S. Department of Justices COPS Officeand the ASPCA team up. www.aspcapro.org/cops 47. Its in our hands.