Animal Cruelty Investigations

A legal divestment of property that is ordered by a court.

A legal proceeding that is utilized in animal cruelty cases to address the cost of caring for victim animals until a criminal trial takes place. Once a preconviction forfeiture petition is filed, a defendant animal owner has a certain amount of time to pay a bond amount that will be used to provide care for their animals while they await trial. If the defendant animal owner cannot pay the bond amount, then ownership of the animals is transferred by an order of the court to a designated entity.

A divestment of property that occurs as a result of a criminal conviction.

The process of terminating an ownership interest in property in order to gain title to the property or satisfy an unpaid debt connected to the property. In an animal cruelty case, the property consists of the animal/animals seized in the case. The unpaid debt is the costs of care that have accrued since the animal(s) was taken into custody.

A body of citizens that reviews evidence presented by the prosecutor to determine if the prosecutor has probable cause to charge the suspect with a crime.

A proceeding that takes place in front of a judicial officer to determine issues related to a case.

A ruling in a case by a court containing its final determination in the case. Depending on the determination and the court, the judgment may be subject to appeal.

A lay witness is “[a] witness who does not testify as an expert and who is therefore restricted to giving an opinion or making an inference that (1) is based on firsthand knowledge, and (2) is helpful in clarifying the testimony or in determining facts” [14].

“A legal right or interest that a creditor has in another's property, lasting usually until the debt or duty that it secures is satisfied” [15]. In an animal cruelty case, several states have laws that specifically create a lien for the costs of care that an agency or individual provides to the animals connected to a criminal animal cruelty case. The agency or individual can foreclose on those liens, the result of which is repayment of the costs or transfer of ownership of the property to satisfy the debt (see Chapter 15for more information about liens and foreclosure).

Mental state refers to an element of every animal cruelty offense: the state of mind of the perpetrator of the cruelty. Wording can vary slightly between states, but generally the mental state the prosecution is required to prove falls into one of these four areas [16].

The perpetrator should have been aware of a risk and a reasonable person in their situation would have been aware of the risk.

The perpetrator disregards substantial and unjustifiable risk that a particular result will occur and engages in conduct that causes that result. This disregard for the risk deviates from that of an average law‐abiding citizen.

The perpetrator consciously engages in conduct knowing that a particular result is likely if not certain.

The perpetrator has the conscious objective to engage in the conduct and cause the result of the conduct.

A document filed in a case requesting the court/judge to take a particular action.

A plea that does not admit guilt but does not challenge the charges.

An agreement the defendant makes to negotiated charges and sentencing provisions, and results in a conviction [17].

A court proceeding that takes place prior to a trial to assess trial readiness, or to address and sometimes narrow, the issues in a case [18].

A sentencing provision that prevents a defendant from possessing animals, a certain species of animal, or a particular animal for a period of time. 2

A sentence that a defendant can receive that involves certain stipulations a defendant must meet after being released postconviction. Probation can be included with incarceration as part of a sentence, or in lieu of incarceration.

Bench probation means the defendant will not have to check in with a probation officer but would have to appear before the trial judge if they are found to be in violation of one of the stipulations.

Supervised probation means the defendant will have to routinely check in with a probation officer to confirm they are adhering to their stipulations.

An order by the court allowing a defendant to be released into the community pending trial, with restrictions that must be adhered to by the defendant.

A monetary amount determined to redress a crime victim's injuries or losses that a defendant can be ordered to pay as part of sentencing.

The phase of the criminal justice process that determines how the defendant will be held accountable if they are convicted of a crime(s). This can include but is not limited to jail time, probation, fines, restitution, and mandatory counseling.

When two lawyers (generally adverse parties) agree to something relevant to their case. For example, to agree that a piece of evidence (lab results, photograph, video, etc.) can be admitted without authentication by a witness [19].

Statements made by an individual under oath.

“A formal judicial examination of evidence and determination of legal claims in an adversary proceeding” [20]. In a criminal trial the defendant has the right to choose between a bench trial and a jury trial.

A trial that takes place without a jury and the judge determines both questions of fact and law.

A trial where a jury is convened to determine questions of fact that equate to elements of the charged offenses.

A being who has been injured through the commission of a crime.

The process of selecting a jury for a trial. A judge and all attorneys representing a party in the case are permitted to ask questions of jury members and are permitted to eliminate a specified number of jurors.

Armed with this foundation of vocabulary relevant to animal cruelty case work, the next building block to a strong investigation is an understanding across disciplines of what basic care animals need in order to maintain their health and well‐being.

1 1 Arizona – “[M]ammal, bird, reptile or amphibian.” Arizona Revised Statutes Annotated, title 13, chapter 29, s 13‐2910(H) (1) 2019 (AZ).