When people think of farmed animals, what comes to mind are chickens, cows, and pigs. Its legal definition however provides specific conditions for an animal to be part of this category. This session talks about farmed animals and how they too can be subjected to animal cruelty.

David Rosengard is back on the Justice Clearinghouse to lead the discussion. David is a senior staff attorney in the Animal Legal Defense Fund’s (ALDF) Criminal Justice Program where he leads efforts to have animals achieve the legal status of crime victims and pursues justice for these victims.

Specifics of the webinar include:

• Debunking myths about farmed animals and a brief history of farmed animals and the legal framework built surrounding them.
• The origins of animal cruelty laws and modern approach to cruelty law that integrates criminal law and animal law that advances the concept of the sentience of animals.
• A rundown of the various animal cruelty law at the federal level and its scope and limits as it relates to farmed animals.
• Comparing three states’ local cruelty laws related to farmed animals in terms of coverage, the definition of abuse and neglect, laws on puppy mills, and exemptions.
• Dissecting what constitutes unlawful conduct based on the definition of general animal cruelty and farm-associated animal cruelty.
• General enforcement tips focusing on the importance of intervention and prevention measures that highlight community outreach and education and upholding the due process when implementing changes on the law.
• ALDF’s outreach and education efforts through their Farmed Animal Cruelty Prosecution Guide that provides guidelines on how to interpret and implement statutes.
• Challenges that animal welfare and criminal justice entities may face when conducting investigations and seizures and how to overcome these through:
  • Forensics work, expert opinions, and traditional investigative work by getting sufficient witness statements.
  • Seize-in-place orders that resolve the issues surrounding logistics of seized animals.
  • Bond-or-forfeit statutes that address the cost of care of seized animals.
• Issues during prosecution surrounding statutory standards, the defendant’s mental state, farms that are business entities, limited witnesses, and potential jury reaction and overcoming these by:
  • Employing expert witnesses to explain standards.
  • Utilizing circumstantial evidence to infer mental state.
  • Turning on non-animal models to prosecute business entities.
  • Leveraging whistleblowers and plea deals.
  • Contextualizing the facts of the case to the jury.
• A look into pivotal case laws that established standards for care of farmed animals, what is considered humane and what is cruel, and other elements surrounding intervention in cruelty cases of farmed animals.

Topics touched upon during the Q&A are on:

• Assistance and resources that ALDF can extend to smaller agencies in farmed animal cruelty cases.
• Background on the 28-hour law.
• The basis of different states’ definitions of protected animals in their respective laws.
• Getting local lawmakers to consider stricter animal cruelty laws that follow existing model statutes and best practices.

Webinars in this Series with the ALDF include:

• The Status of Animals in Criminal Animal Cruelty Cases
• Understanding Wildlife Animal Cruelty 
•  Preserving the Bond: the Veterinarian’s Role in Pre-Empting Animal Cruelty
• When the Evidence Needs a Home: Pre-Conviction Forfeiture
• June 15: Courtroom Animal Advocate Programs: At the Crossroads of Crime Victim Law and Animal Law
• July 15: Prosecuting Farmed Animal Cruelty (this webinar)

Or click here to view and register for other upcoming NACA  webinars on the JCH Platform.

Resources and Handouts

• Handout: Waters v Braithwaite
• ALDF Overview
• Referenced Resource: US State Rankings

Audience Comments

• “Excellent information from an excellent instructor.” — Robert
• “The criminal side of what I only know on a civil level!!! This was an excellent training!!” — Sarah
• “I liked the graphic showing which states were high or low on the animal cruelty perspective. I like the specifics cases shared for more reading. ” — Jennie
• “Outstanding presentation, David. I always enjoy and learn so much from your webinars. I appreciate the important work you do!” — Jen
• “Great for new officers to understand that farm animals are protected too and even with state exemptions investigations/prosecutions can occur.” — Henry