Animal Abuse Investigations: Challenges and Recommendations to Improve Animal and Human Welfare
Simple Summary
Abstract
1. Introduction
2. Materials and Methods
Analyses
3. Results
3.1. Barriers to Addressing Animal Cruelty and Neglect Cases
3.1.1. Lack of Places to Take Removed Animals and Resources to Care for Them
“[For] a large animal [we] will try to figure something out to get them out. But then we’re kind of left with the idea of where do we put these animals ? We’re not set up in fairgrounds. We’re not set up in any place to where we can physically bring large animals… But the seizure of the animal is likely not going to happen because we don’t have the resources to place it.”[Commander B]
If they’re being removed from a property, there’s really not a lot of good options for like emergent medical care for livestock. Very often they are seen as a commodity. And so, you know, it’s kind of a cost benefit thing. And so often times we’ll send them to the sale barn […] and their fate is unknown at that point.[Investigator—BAP staff/agent, F, #7]
“We found a situation where animals are experiencing pain and suffering because of the way they’ve been housed or their lack of food or water or whatever. […] Where do we take them ? I have been in multiple situations where I’ve been on properties, I’ve deemed the situations to be inhumane and animals have to be removed and I have to leave the birds there because we have nowhere to take the birds. And that’s happened. I can think right off the top of my head three times that I have left birds because I can’t take them and every other animal has been removed from the property.”[Investigator—BAP staff/agent, F, #7]
“I feel like having lack of housing, lack of resources, is really what we’re running into with all of our cases and trying to find suitable holding facilities or shelters or sanctuaries or something like that. And now more than ever […], we’re having to depopulate chickens because of HPAI. And we can’t find any suitable places for any of these birds we’re moving. We would like to not take them to sale barns or take them to places where they don’t really have a fighting chance, I guess.”[Investigator—BAP staff/agent, F, #8]
“We have to depend on the city’s animal shelter. And I may or may not get those dogs in there. It just depends on which way the wind is blowing that day, because our office does not have a facility to take animals to […]”[Law enforcement officer, M, #11]
“They don’t have any shelters in rural Colorado. And if they do, they’re so small and they’re already overran. You know, they already they’re full. So they don’t have any place to take these animals.”[Investigator—BAP staff/agent, F, #1]
“I think one of our big issues in our area is animal impounds for the small animals. We just we don’t have it here.”[Law enforcement officer, M, #11]
The scramble of where do we place these animals is one of the more difficult things that we face.”[Law enforcement officer/leadership, M/M, #21]
3.1.2. Challenges with District Attorneys
“But it was a distressing case to know that those animals were returned to that owner because of a weak case built in courts and points where it fell apart on ownership establishment. And I think there were some other things that just didn’t fly. I think the DA didn’t have a full understanding of what the medical concerns were and maybe wasn’t experienced in building a cruelty case. And I don’t think the resources were there for the D.A. to feel that maybe they had the support they needed. And, you know, the case fell apart, I think, at multiple points.”[Investigator—BAP staff/agent, F, #4]
“We can put together the most amazing case and send it to our sheriff’s office. But then there seems to be like a… lack of communication between the sheriff’s office and the DA’s office or we can send it to the DA’s office and then they don’t send it to the defense. So then it comes up, well, we haven’t received all the discovery, and that can cause discovery violations in court, which eventually can lead to the case being dismissed because they’re not following the rules of evidence. Yeah. So that we’ve had a couple of cases with that issue where we I think I can think of two cases off the top of my head that horses had to be returned because there were three violations on the DA’s part. So the defense moved to dismiss the case and return the animals to probably a really bad situation. And we can’t do anything about that. Yeah. It’s just very frustrating.”[Investigator—BAP staff/agent, F, #9]
“And that’s really frustrating for me, is that we file a lot of cases and those cases based on whatever it is, legislation, law, personal opinions, they end up going away.”[Law enforcement officer—sheriff, M, #19]
“But I feel like there’s a lot of things that are happening in that mid-level of the DA’s office that these cases are just getting dropped. And they’re good, solid cases. It just seems like it’s the trend anymore is that these cases we’re getting are getting dropped or significantly plea bargain down.”[Law enforcement officer—sheriff, M, #19]
“They [i.e., DAs] don’t look at it like everyone else does. It’s like, Oh, dammit, now I got to deal with this. I’m just going to get rid of it, dump it right away, or, you know, we’ll do the bare minimum. So that’s why I’m saying they need some education on it. And it needs to be more than] an hour training. Well, they need to have some extensive training. And we all do.”[Law enforcement officer, M, #11]
3.1.3. Lack of Knowledge on How to Address Cases and Documentation Required
“And when we got involved in the case, there was some barriers with people not knowing how to do a large scale case and not having any idea what to look for, not having an idea of what to put in warrants to make the case move forward with the district attorney’s office.”[Investigator—BAP staff/agent, F, #1]
“So there’s like, like me and my patrol sergeant, like we grew up ranch kids and, you know, so we know a lot about animals and what their condition should look like and so forth. Right. But the rest of my guys, like, they don’t they don’t have that knowledge. And you can do trainings and stuff like that. And we do those. But, you know, that really, really only goes so far. I mean, when you start talking about animal condition and neglect and stuff like that, like unless it’s something obvious, like no food, no water, no shelter, then they don’t know what they’re looking at.”[Law enforcement officer—sheriff, M, #15]
“But we decided not to charge her because we had no expert to say what is a pig supposed to look like? And we don’t. Unless it’s a local farmer.”[Law enforcement officer/leadership, M/M, #21]
3.1.4. Lack of Personnel to Conduct Investigations
“[Law enforcement agency], they have three people on their staff right now. Three deputies. And […} they’re all on jury trial today, so they don’t have anybody on the street all week. So imagine what they’re going to be coming back to. They don’t have the time to deal with these cases.”[Investigator—BAP staff/agent, F, #1]
“Our biggest barrier is just that we’re so busy, so sometimes follow ups, we struggle for a month and it could be a month or two weeks before we get there.”[Law enforcement officer, M, #12]
“Every single year our biggest picture challenge right now is staffing. We’re eight people down and that makes such a huge impact on our ability to […] just to drive around […] investigate because, yeah, you know, we’ll get a call that’s 60 miles away. And we need both people that are on duty […] Because we don’t usually have an abundance of folks. So staffing right now. And I think that’s probably true of a lot of smaller sheriff’s offices throughout the state.”[Law enforcement officer/leadership, M/M, #22]
3.2. Additional Resource Needs for More Effectively Addressing Cases
“Well, the transport and a place to transport them is always useful because we don’t have that.”[Law enforcement officer/leadership, M/M, #22]
“Definitely the most helpful at the moment would be transportation and housing, especially for livestock.”[Law enforcement officer, M, #12]
“So the last time you guys came out, we had all every one of our deputies went through your guys’ training. And that helped tremendously. Since then, we have had a lot of turnover. And I don’t think any of our deputies that we still have on staff. Maybe there’s 3 or 4 that are still around that went through that. So I think we definitely need that training again. I think that’d be highly beneficial.”[Law enforcement officer, M, #13]
“So I think that, you know, the more training, the more understanding law enforcement can [have] about animal neglect stuff, the better off those cases are going to get ran.”[Law enforcement officer—sheriff, M, #15]
“I believe that the expert investigators is the most vital tool for us in our area. It’s just going to be so beneficial. And again, their testimony, if it goes to court, those are the things that are going to be the most beneficial for us, because if we testify on it, they’re going to ask us, what’s our training and experience? Well, that’s not going to be very much.”[Law enforcement officer—sheriff, M, #14]
“I think an investigator that would come out and kind of go with us and get eyes on things because you guys see this way more often than we do. I think having someone that’s versed in training [who] specializes in that is huge whenever it comes to us.”[Law enforcement officer, M, #13]
“So I would love to see [utilization of a social worker], you know, become a statewide movement so that all of the law enforcement agencies have somebody within their agency that can provide that level of support on a case when needed, de-escalation and whatnot.”[Investigator—BAP staff/agent, F, #4]
“You know, animal abuse and animal mistreatment doesn’t happen in a vacuum. And very often these individuals are struggling with their own personal issues and […] they need support themselves. And so I think that’s a huge problem for a lot of cases. And also kind of ties into like maybe those cases aren’t maybe criminal enforcement is not the best option for those cases, but in order to access like really any of the services that are available for free, like through the state, they have to be charged and they have to enter the system that way, which is it creates a challenge and kind of a conflict of interest, you know, because, like, I don’t want to charge an 80 year old woman with dementia, with animal cruelty, like, I don’t want to do that, but I also don’t want her animals to like, be neglected.”[Investigator—BAP staff/agent, F, #7]
3.3. Emotional Toll
“And those nine dogs were, by the condition, score of 1 or 2. And they had severe medical issues. We didn’t take anything that wasn’t, like, literally close to death. I mean, they were in bad, bad condition. And the judge ordered because he didn’t see anywhere in the statute that said he couldn’t. The dogs to go back during the court process. And so we had to return those dogs because of what the judge said.”[Investigator—BAP staff/agent, F, #1]
“And we left. We left a large amount of animals on that property that were in bad condition because we were given parameters of what we could take… there was a lot of very upset individuals, including most of the staff at the sheriff’s office and all of our veterinarians and everybody involved in that case that we left animals there that were in really bad condition.”[Investigator—BAP staff/agent, F, #1]
“She had severe mental health problems… her fingernails were overgrown. Her toenails were overgrown. They were growing into her skin. She was covered in feces and urine… she desperately needed help… and when I left, I’m sure she still didn’t get any help.”[Investigator—BAP staff/agent, F, #9]
“Unfortunately, you know, when somebody is struggling with severe mental health, it’s their kids or their animals or themselves and mostly suffer…we can go in, we can remove the animals… But that person is still struggling with mental health and that part is not getting met.”[Investigator—BAP staff/agent, F, #9]
“He was very torn because, you know, just losing his wife, you know, those cats were their kids, their children. But, I mean, he didn’t have money to take care of them.”[Law enforcement officer, F/M, #10]
“It’s undoubtedly the most stressful thing and traumatic thing that I’ve ever been to… I mean, you know, the human component is one thing, but for the most part, you’re talking to somebody if they’re still alive. But with that, I mean, it absolutely wrecked us.”[Law enforcement officer, M, #2]
“I think they realize that they just aren’t doing anything about it. Yeah, it’s a failure. It’s an absolute failure of the system to address the issue.”[Law enforcement officer, M, #2]
“He keeps dragging it out and dragging it out and dragging it out… He just doesn’t want to face the music. And he hasn’t had to, which is really I mean, it’s the animals that are suffering.”[Law enforcement officer/leadership, M/M, #22]
“And I paid for the vet bill for myself, which was 3 or $400 out of my own pockets. But I’m an animal guy.”[Law enforcement officer, M, #13]
“I took those dogs and I. I ended up bringing them to my own house and put them in the backyard until we could find something.” ][Law enforcement officer/leadership, M/M, #21
“…we can take this dog, we can take this horse, and then two weeks later, they get another one and they do the same thing. And we’re not really stopping the problem. We’re just removing the problem and hoping that they’ll learn and they they’re just not equipped to.”[Investigator—BAP staff/agent, F, #8]
“It’s like a leper, people. They don’t all of a sudden start treating their animals. It just doesn’t happen. It’s just that they’re busy. They’re this. They’re that. They don’t have the money. They don’t… and the animal ends up suffering for it.”[Law enforcement officer/leadership, M/M, #22]
4. Discussion
4.1. Expand the Capacity for Housing Animals (Especially Livestock) Coming from Cases of Cruelty/Neglect
4.2. Increase Access to Expert Investigators to Help Manage Criminal Cases, Serve as Expert Witnesses, and Help Remove Animals
4.3. Expand Training Opportunities for Law Enforcement, District Attorneys, and Judges on Animal Cruelty/Neglect Cases
4.4. Create a State-Wide Position to Advise District Attorneys
4.5. Expand Opportunities for Forensic Training for Veterinarians
4.6. Increase Mental Health/Social Work Support on Cases
4.7. Amend State Statutes to Better Address Different Types of Cruelty/Neglect Situations Encountered
4.8. Increase Civil Capacity and/or Revise State Statutes to Make It Easier to Keep Animals Away from Perpetrators of Cruelty/Neglect
- Ensuring physical and emotional safety;
- Creating a predictable work environment and clearly communicating boundaries;
- Building trust;
- Practicing transparency by being open and honest in communication, following through on commitments, and explaining the rationale behind decisions made;
- Peer support;
- Encouraging and creating opportunities for peer connections and mutual support;
- Collaboration and mutuality;
- Demonstrating the willingness to listen to all team members and respect their views and opinions;
- Empowerment, voice, and choice;
- Providing opportunities for all team members to make their own decisions when possible and demonstrate respect for their autonomy;
- Cultural, historical, and gender issues;
- Demonstrating the willingness to try and understand the unique experiences of all team members, including their diverse backgrounds, and consider cultural sensitivities when making decisions.
5. Conclusions
Supplementary Materials
Author Contributions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Acknowledgments
Conflicts of Interest
References
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Role | Gender | Participant Number |
---|---|---|
Investigator—BAP staff/agent | F | 1 |
Law enforcement officer | M | 2 |
Law enforcement officer/leadership | M | 3 |
Investigator—BAP staff/agent | F | 4 |
Law enforcement officer—sheriff | M | 5 |
Law enforcement officer | F | 6 |
Investigator—BAP staff/agent | F | 7 |
Investigator—BAP staff/agent | F | 8 |
Investigator—BAP staff/agent | F | 9 |
Law enforcement officer | F/M | 10 |
Law enforcement officer | M | 11 |
Law enforcement officer | M | 12 |
Law enforcement officer | M | 13 |
Law enforcement officer—sheriff | M | 14 |
Law enforcement officer—sheriff | M | 15 |
Law enforcement officer—sheriff | M | 16 |
Law enforcement officer—sheriff | M | 17 |
Law enforcement officer—sheriff | M | 18 |
Law enforcement officer—sheriff | M | 19 |
Law enforcement officer—sheriff | M | 20 |
Law enforcement officer/leadership | M | 21 |
Law enforcement officer/leadership | M | 22 |
Law enforcement officer—sheriff | M | 23 |
Law enforcement officer—undersheriff | M | 24 |
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© 2024 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
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Niemiec, R.; Kogan, L.R. Animal Abuse Investigations: Challenges and Recommendations to Improve Animal and Human Welfare. Animals 2024, 14, 3602. https://doi.org/10.3390/ani14243602
Niemiec R, Kogan LR. Animal Abuse Investigations: Challenges and Recommendations to Improve Animal and Human Welfare. Animals. 2024; 14(24):3602. https://doi.org/10.3390/ani14243602
Chicago/Turabian StyleNiemiec, Rebecca, and Lori R. Kogan. 2024. "Animal Abuse Investigations: Challenges and Recommendations to Improve Animal and Human Welfare" Animals 14, no. 24: 3602. https://doi.org/10.3390/ani14243602
APA StyleNiemiec, R., & Kogan, L. R. (2024). Animal Abuse Investigations: Challenges and Recommendations to Improve Animal and Human Welfare. Animals, 14(24), 3602. https://doi.org/10.3390/ani14243602