Veterinary Forensics

Investigation, Evidence Collection, and Expert Testimony

Ernest Rogers, Adam W. Stern, Ernest Rogers, Adam W. Stern

• Publisher: CRC Press
• Year: 2017
• eBook ISBN: 9781351649469
• Topic: Law
• Subtopic: Forensic Science
• Index: Law

Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony will provide anyone involved in an investigation of an animal involved crime or civil action with the knowledge and tools that can give guidance for their actions in completing a forensic investigation.

All 50 U.S. states, and numerous countries around the world, have laws against animal abuse and cruelty. Law enforcement agents, veterinarians, the judiciary, attorneys and forensic scientists may be involved in cases of animal cruelty, neglect or human crimes that may have an animal element. Additionally, the animal can be the victim, suspect or in some instances the witness of a crime. Given that acquittal or conviction is dependent upon the nature and veracity of the evidence, the quality of the evidence in an animal-related crime investigation must be beyond reproach.

The book begins with a discussion of animal abuse and crimes against animals, crime scene investigation, and, from there, discusses various types of forensic examinations of the animal, culminating in a review of the judicial system and testimony in a court of law. All contributing authors are practicing professionals in law, veterinary medicine, and the private sector who provide current, best-practice evidence collection and forensic techniques. Chapters provide in-depth detail about the forensic clinical examination and forensic necropsy of small and large animal species, forensic radiology, forensic toxicology, bitemark analysis and animal behavior. Various, relevant forensic disciplines such as bloodstain pattern analysis, DNA analysis, animal sexual abuse, agroterrorism, animal hoarding, ritual crimes against animals, and animal fighting are discussed.

Key Features:

• Presents established and accepted police techniques in animal crime scene investigation including identification, documentation and packaging of physical evidence and scene photography and videography
• Includes essential techniques to collect and preserve biological and DNA evidence for animal DNA testing
• Review of the forensic clinical examination and forensic necropsy of small and large animals
• Provides methods of evidence presentation in the courtroom, the nature of court room testimony, and the development of an expert report

Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony fills the void of applied, real-world investigative techniques for the collection and presentation of veterinary forensic medical and scientific information. It will be a welcome reference to both the student and professional in the understanding all relevant evidentiary, investigative, and legal elements of the discipline.

1An Introduction to Animal Abuse and Associated Human Behaviors

Ernest R. Rogers

Introduction

Domestic Violence and Animal Abuse

Hoarding

Blood Sports

Dog Fighting

Trunking

Cockfighting

Failure to Obtain Veterinary Care and Insufficient Care

Munchausen’s Syndrome by Proxy

Ritual Associated Abuse

Conclusion

References

Introduction

Humans have, for thousands of years, interacted with animals for food, companionship, assistance with human disabilities or frailties, for facilitation of jobs requiring great strength or speed, to assist with herding livestock, hunting, and to facilitate or enhance the speed of travel. Further, the role of the canine and equine partners in law enforcement and military operations is commonly recognized (Turner 1980). The relationship between humans and beast has resulted in the domestication of a multitude of animal species. As the human–animal bond has strengthened and animals have been invited to become more intimate with human life, an increase in animal abuse incidents has been documented (Rollins 2007, 2011).

According to the American Veterinary Medical Association, the “human-animal bond is a mutually beneficial and dynamic relationship between people and animals that is influenced by behaviours that are essential to the health and well-being of both” (American Veterinary Medical Association 2017a). The human–animal bond has been recognized as a beneficial quality interaction, revered and practiced in many societies around the world. Unfortunately, not all human–animal interactions are positive for the animal involved. There are two broad categories of animal abuse: active aggression and passive abuse (Holsing 2009). Active aggression includes those crimes against animals that involve a depraved mind (mens rea of malicious intent). These acts include but are not limited to burning, slapping, kicking, shooting, stabbing, or any form of physical assault. The second category of animal abuse is passive abuse, where negligence and/or ignorance of husbandry or animal nutrition and failure to obtain veterinary care are the inciting acts that can result in the abuse (Animal Legal Defense Fund 2009). It is not unusual for the forensic veterinarian to be required to develop an opinion about the perpetrator’s mind-set (mens rea) but only with the evidence surrounding the act itself (actus reus). We have seen specific crimes against animals that have been due to human greed and criminality as well as those crimes that have been due to psychiatric illness or willful ignorance of the needs of our animal companions, for whom they were responsible.

There are laws in all 50 states relating to animal abuse. These statutes vary by state and vary with respect both to the species protected and to the penalties imposed. In most states, penalties range from a simple summons to a misdemeanor, up to and including a felony. Individual state laws can be reviewed and are available on the Internet through state and federal government websites. The Federal Bureau of Investigation has included the crimes related to animal abuse in the National Incident-Based Reporting System to assist in the development of statistics as an aid to pursue these crimes (Federal Bureau of Investigation 2016, 2017).

Though laws vary among states and provinces, the animal laws of New Jersey are representative of these laws in general. Under NJ Statute 4:22-17 (Cruelty; disorderly persons offence), it states: “it shall be unlawful to overdrive, overload, drive when overloaded, overwork, deprive of necessary sustenance, abuse, or needlessly kill a living animal or creature” (Animal Legal and Historical Center 2017). It is important to be aware of updates to existing legislation as there may be changes to the definitions and penalties of existing law as the animal cruelty statutes develop (Friedman 2013).

There are some beliefs, among laypersons, that animal abuse is a precursor to serial murder. This theory is referred to as “The MacDonald Triad.” The MacDonald triad refers to the three childhood behaviors (bedwetting [beyond the age of 5 years], fire starting/arson, and animal abuse) that serve as predictors of serial killer patterns and behavior (MacDonald 1963; Wright and Hensley 2003). Though there are some examples of childhood animal abuse behavior being a common factor for some serial murderers, most individuals charged with childhood acts of animal abuse and cruelty do not become murderers as adults (Overton et al. 2012). Much of social science research suggests that most childhood offenders of crimes against animals are much more likely to have adult issues with sexual abuse, domestic violence, child abuse, and other socially inappropriate crimes (Hensley et al. 2010; Monsalve et al. 2017; Patterson-Kane and Piper 2009; Upadhya 2017).

In this chapter, there will be a review of some of the issues that are precipitated by the close relationship between animals and humans that may result in animal abuse. The interactions discussed in this chapter represent some of the more common negative engagements that humans can have with animals that may result in animal abuse. The understanding of these specific crimes against animals will help the reader to better characterize their approach and mind-set to each suspected crime and crime scene. The appropriate collection of evidence is essential to the successful prosecution of the individual responsible for the crime. It is important to note that not all abuses are with a malicious mind. This chapter is not meant to be a comprehensive review of all crimes against animals, but merely an overview of those activities that are common and that the reader may encounter as a forensic veterinarian. In general, by disregarding animal cruelty in the social science literature, we have “dismissed an opportunity to identify behaviors that may be an indicator or precursor of violence against humans” (Merz-Perez et al. 2001). There is an ethical responsibility for all veterinarians from the general practitioner to the forensic veterinarian to recognize and report animal abuse in their practice (Monsalve et al. 2017).

Domestic Violence and Animal Abuse

Domestic violence is a term relating to physical or psychological abuse of a spouse or partner. Domestic violence is not limited to married or cohabitating intimate individuals but may also include siblings, children, and the elderly who may simply share common living spaces. The acts involved in domestic violence span a gradient from psychological abuse to physical abuse to rape and murder (Golding 2002). The goal of the intimidation or abuse is to humiliate, coerce, or otherwise force the domestic partner to engage in an act that he or she may not otherwise complete (Faver and Cavazos 2007). Although there is a large amount of literature compiled for violence against women, women may also be the initiator and perpetrator of violent acts against others (Febres et al. 2012).

Animal abuse is just one of the four predictors of domestic violence. These four pred...

Table of contents

• Cover
• Half Title Page
• Title Page
• Copyright Page
• Contents
• Preface
• Acknowledgments
• Editors
• Contributors
• Chapter 1 An Introduction to Animal Abuse and Associated Human Behaviors
• Chapter 2 Crime Scene Investigation
• Chapter 3 VideographyA New Tool in Animal Cruelty Investigations
• Chapter 4 Bloodstain Pattern Analysis
• Chapter 5 Forensic Physical Examination of the Cat and Dog
• Chapter 6 Forensic Physical Examination of Large Animals
• Chapter 7 The Forensic Necropsy
• Chapter 8 Postmortem Changes and the Estimation of Time Since Death
• Chapter 9 Veterinary Forensic Radiology and Imaging
• Chapter 10 BitemarksExamination and Analysis
• Chapter 11 DNA Evidence Collection and Analysis
• Chapter 12 Animal Behavior for the Forensics Specialist
• Chapter 13 Veterinary Forensic Toxicology
• Chapter 14 Animal Sexual Abuse
• Chapter 15 Agroterrorism
• Chapter 16 The Judicial System
• Chapter 17 Expert Witness Testimony and Report Writing
• Index