Time to Feed the Evidence: What to Do With Seized Animals

August 2005
Citation:
35
ELR 10679
Issue
10
Author
Madeline Bernstein and Barry M. Wolf

Editor's Summary: Most people agree that unjustified cruelty to animals should be avoided. Consequently, all 50 states and the District of Columbia have laws prohibiting such abuse. Yet when the owner of an animal is suspected of engaging in abuse or neglect, the animal is usually seized or impounded by the state or local authority. This often results in the animal being left in a shelter for a long period of time while the state prepares its case. The authors argue that extended shelter stays are not only unnecessary, but they do not serve in the animal's or the owner's best interest. Instead, they argue that states should adopt laws requiring a quick and final determination of a seized animal's status without reference to any criminal proceedings that may be pending against the animal's owner. This allows the state to immediately place the animal in a safe environment while keeping the integrity of the criminal prosecution intact.

Madeline Bernstein is President of the 127-year-old Los Angeles Society for the Prevention of Cruelty to Animals, recognized as the leading voice, educator, and hope for the animals it protects and the people it serves. She received her J.D. in 1979 from State University of New York at Buffalo, Faculty of Law and Jurisprudence. Barry M. Wolf is an Appellate Specialist Certified by the State Bar of California, Board of Legal Specialization. He received his J.D. in 1976 from Georgetown University Law Center and practices civil appellate law in Los Angeles, California. The authors wish to thank Emily Terrell of Loyola Law School for all her research and editorial assistance.
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Time to Feed the Evidence: What to Do With Seized Animals

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