Crimes Against Animals: Law & Policy (459 SM)

Adjunct Professor Scott Heiser
2 Credits
Spring 2012: Wednesday 6:00 p.m. - 8:00 p.m.

Prosecuting animal cruelty cases presents a host of unique issues when compared to other types of criminal casework.  This course will explore the existing procedural laws with an emphasis on the practical application in animal cruelty cases.  Students will also explore the issues attendant to overcoming system or institutional bias against investigating and prosecuting these types of cases.  While there will be some overlap with a standard criminal procedure class, this seminar will hone in on the many unique rules codified to address animals as victims.  Student-led discussions will be part of the format.

COURSE OUTLINE:

Week 1:  Why These Cases Matter:  Overcoming Lingering Institutional Bias

Week 2:  Search and Seizure (exceptions to warrant requirement: case law and statutory limits unique to animal cases—and warrants, including issues related to the execution thereof)

Week 3:  Finish up Week 2 topics, plus Interrogations, Confessions and Corroboration Requirements

Week 4:  Charging, Joinder, Severance, Blakely, Challenges to Prosecutorial Discretion

Week 5:  Pre-Trial Matters (conditions of release, bond, costs of care, forfeiture)

Week 6:  CSI, Forensics and Veterinary Medicine (guest lecturer)

Week 7:  Field Trip

Week 8:  Electronically Stored Information (computer and cell phone forensics) (guest lecturer)

Week 9:  Expert Witnesses, Daubert, Frye, Crawford and other Evidentiary Issues & Brief Look at Juvenile System Response to Cruelty Cases

Week 10:  Animal Fighting (the culture, the conduct and the RICO solution)

Week 11:  Hoarding and Puppy Mills

Week 12:  Unique Issues with Equine Cases (neglect and meat production for human and non-humane consumption)(guest lecturer—Jennifer Cole and/or Jennifer Gaspard)

Week 13:   Sentencing (felony sentencing guidelines, treatment options, possession bans, restitution v. costs-of-care, and investigation/incarceration expense)

Week 14:  Expunction, Registration, Post-Conviction, Habeas and Clemency