What is criminal neglect? Why is it subjective and poorly defined in so many laws? Why are we seeing cases where healthy animals are being considered criminally neglected? We have varying opinions regarding the true definition of criminal neglect and therein lies a huge problem. What a farmer would see as normal vs an animal rights activist is going to see criminal neglect. Now tell me who wins in a court case? Who will the public side with?
We have seen some pretty big whoppers lately where healthy dogs are hauled out of their home and crammed in cages stacked while sitting in the sun for hours while other animals are processed. They are then loaded into vehicles not always designed for this purpose. Just takes a target on your back... aka farmer, breeder, good rescue, just out of the hospital, just lost your job. I swear some of these groups have spidey senses and know when to hit you hard. - generally first thing in the morning before chores are done.
While they seize on one animal, they tend to find something wrong with every animal and they generally take all. So how are they charging criminal neglect, sometimes at the felony level, on dogs because their nails are too long? Maybe a water bucket was tipped over.. maybe your yard is dirty and has an old swing with sharp metal on the bench swing. I sometimes feel as if things are helped along in some cases because they can't find anything wrong.. are they intentionally setting people up?
Shouldn't true criminal neglect be pretty evident? I guess we are just supposed to take their word for it and move on.. and send money too please.
Because the definition of neglect is so often subjective I have a solution... stop looking at the facility, water bowl, etc. and look at the animal. Is the animal in good weight, hydrated. happy? Is there anything seriously wrong with the animal and if so is it being treated?
If there are fifty cattle and one has pink-eye then why take the whole herd? The farmer is treating it (right, but he didn't call the vet). The other animals are fine... Are they really.. what about parasites? That cow over there has a cracked hoof.
There is a reason the AR groups that write the legislation keep it pretty open to interpretation and it isn't to give an accused the benefit... But here is the rub - only their opinion will count in the court of public opinion. They say "deplorable, neglect, suffering" and you are toast. Sure you think it is crazy stupid and you are going to fight this and win.. guess again cause that is not how it works. Ask Ringling Brothers and compared to them you are small potatoes. Discounting the seriousness at this point is common and it will bite you.
The next phase is "the judge or jury are smarter than that - they will see the logic"... guess again. Who trained those folks? If you said the animal rights groups give yourself a point. If you're lucky you find a lawyer.. and it will cost you especially with the delays and the bond fees for care you will have to pay. Are you getting why we need clearly defined minimum standards for everyone with no exceptions? Can you see why we need to move away from the gotchas and focus on condition?
We have very little power or influence and they have a ton. We have to start protecting and promoting animal before it is too late.
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