Judge Simone C. Polak of the Maui County Prosecutors Office presents the direct correlation between animal abuse, child abuse and domestic violence, including the historical abuse by several well
Judge Simone C. Polak of the Maui County Prosecutors Office presents the direct correlation between animal abuse, child abuse and domestic violence, including the historical abuse by several well known serial killers.
“The greatness of a nation and its moral progress can be judged by the way its animals are treated” Mahatma Gandhi “Man did not weave the web of life, he is merely a strand in it. Whatever he does to the web, he does to himself." — Chief Seattle
Educational & Awareness Series Presentation I:Savings Maui’s Animals: A New Perspective
Here is today’s agenda. Intro to SPCA MAUILeili McKinley SPCA Maui Board member Health Benefits of Spay & Neuter Dr. Alan Kaufman Doctor of Veterinary Medicine The Impact of Spay and Neuter on Reducing Aggression, Population, & SufferingAimee Anderson SPCA Maui Board Member & Former Director of Animal Control for Maui Humane Society & Maui Police Department Instructor Reducing animal cruelty on MauiJudge Simone C. Polak Department of The Prosecuting Attorney
Presentation 1.4Savings Maui’s Animals: A New Perspective Intro to SPCA MAUILeili McKinley MSPCA Board member Health Benefits of Spay & Neuter Dr. Alan Kaufman Doctor of Veterinary Medicine Reducing animal cruelty on MauiJudge Simone C. Polak Maui County Deputy Prosecuting Attorney Reducing animal cruelty in MauiSimone C. Polak Maui County Chief Prosecuting Attorney
REDUCING CRUELTY TO ANIMALS ON MAUI SOCIETAL IMPLICATIONS OF ANIMAL ABUSE & HOW YOU CAN BE PART OF THE SOLUTION ! By Simone C. Polak
CONTACT INFORMATION SIMONE C. POLAK DEPUTY PROSECUTING ATTORNEY DEPARTMENT OF THE PROSECUTING ATTORNEY 150 S. HIGH STREET WAILUKU, HI 96793 PHONE: 808-270-7630 E-MAIL: SIMONE.POLAK@CO.MAUI.HI.US
GOALS OF MY PRESENTATION TO BETTER UNDERSTAND THE LINKS BETWEEN ANIMAL ABUSE, CHILD ABUSE AND DOMESTIC VIOLENCE . TO BECOME FAMILIAR WITH SOME OF THE ANIMAL CRUELTY LAWS AND DEFINITIONS IN HAWAII. TO LEARN HOW YOU CAN BE AN EFFECTIVE REPORTER/WITNESS OF CRUELTY TO ANIMALS OR NEGLECT.
AWARENESS OF THE “LINKS” Research over the past 25 years, primarily in the United States and Canada, has examined the possible connection between child abuse and animal abuse. Today, research and clinical evidence suggest that there are sometimes inter-relationships, aptly referred to as ‘links’, between the abuse of children, vulnerable adults, and animals. From this research, four (4) dominant and interrelated theses have emerged, three (3) demonstrating negative, problematic links and one (1) a positive, healing link.
THE IDENTIFIED LINKS 1) Animal Abuse as part of the continuum of abuse within the family. 2) Animal Abuse perpetrated by children who later show aggressive and deviant behavior. 3) Animal Abuse as an indicator of the presence of child abuse, and 4) The therapeutic potential of animals in child development and within post-abuse work. (Becker & French, 2004)
CONTINUUM OF ABUSE IN FAMILY ABUSE OF FAMILY OR HOUSEHOLD MEMBER CHILD ABUSES ANIMAL, DUE ABUSER ALSO TO INABILITY TO PROTECT ABUSES ANIMAL SELF OR OTHERS FROM FROM ABUSER ANIMAL ABUSE
ANIMAL ABUSE COMMITTED BY CHILDREN WHO LATER SHOW AGGRESSIVE, DEVIANT BEHAVIOR SOME FAMOUS EXAMPLES Ted Bundy - convicted of two Murders, suspected of at least forty! Bundy used to watch as his father torture animals. Eventually, he did the same.(PETA, Animal Abuse & Human Abuse) Photo retrieved from http://www.fbi.gov/stats-services/publications/ten-most-wanted-fugitives-60th-anniversary-1950-2010/famous_cases on 1/11/11.
ANIMAL ABUSE COMMITTED BY CHILDREN WHO LATER SHOW AGGRESSIVE, DEVIANT BEHAVIOR Jeffrey Dahmer showed an intense interest in dismembering animals as a child. As an adult, he was charged with murdering and dismembering at least sixteen people. (PETA, Animal Abuse & Human Abuse) Photo retrieved from http://www.trutv.com/library/crime/serial_killers/notorious/dahmer/14.html on 1/11/11
ANIMAL ABUSE COMMITTED BY CHILDREN WHO LATER SHOW AGGRESSIVE, DEVIANT BEHAVIOR David Berkowitz was convicted of thirteen murders and attempted murders. He used to abuse the neighborhood dogs. He shot one neighbors dog because the dog was an "evil force" that compelled him to kill. (PETA, Animal Abuse & Human Abuse) Photo retrieved from http://www.trutv.com/library/crime/serial_killers/notorious/berkowitz/10.html on 1/11/11.
ANIMAL ABUSE COMMITTED BY CHILDREN WHO LATER SHOW AGGRESSIVE, DEVIANT BEHAVIOR Edward Kemper - convicted of killing eight women, including his own mother. At thirteen, he killed neighborhood cats and put their heads on poles. Kemper killed his own cat, decapitated it and cut it into small pieces. This is the same thing he did to his mother! (TRUtv, Kemper) Photo retrieved from http://www.trutv.com/library/crime/serial_killers/predators/kemper/childhood_2.html
ANIMAL ABUSE COMMITTED BY CHILDREN WHO LATER SHOW AGGRESSIVE, DEVIANT BEHAVIOR Andrew Cunanan - killed designer Versace, was suspected in the five other murders. He would gather crabs from tide pools, and burn their eyes out with a lighted match, then release them. (Ascione &Arkow, 1999) Photo retrieved from http://www.fbi.gov/wanted/topten/topten-history/hires_images/FBI-449-AndrewPhillipCunanan.jpg on 1/11/11
ANIMAL ABUSE AS AN INDICATOR OF THE PRESENCE OF CHILD ABUSE 88% of families known to child protection authorities also abused animals. (DeVinney et al. ,1983) A study done by North Eastern University and the Massachusetts SPCA found that people who abuse animals are five times more likely to commit violent crimes against humans than people who do not. (PETA ,Animal Abuse & Human Abuse)
DEFINITIONS - HRS §710-1100 “Animal” includes every living creature, except a human being. “Pet animal” means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds… so long as not bred for consumption. “Equine animal” means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras.
DEFINITIONS - HRS §710-1100 “Primary pet enclosure” means any kennel, cage, or structure used to restrict only a pet animal as defined in this section to a limited area of space, and does not apply to the confinement of any animals that are raised for food, such as any poultry that is raised for meat or egg production and livestock, rabbits, or pigs that are raised specifically for meat production because these animals are not pets when raised for meat or egg production.
DEFINITIONS - HRS §710-1100 “Necessary sustenance” means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements: (1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; (2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;
DEFINITIONS - HRS §710-1100 (3) Access to protection from wind, rain, or sun; (4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health; provided that the area of confinement in a primary pet enclosure must:
DEFINITIONS - HRS §710-1100 (A) Provide access to shelter; (B) Be constructed of safe materials to protect the pet animal from injury; (C) Enable the pet animal to be clean, dry, and free from excess waste or other contaminants that could affect the pet animal's health; (D) Provide the pet animal with a solid surface or resting platform that is large enough for the pet animal to lie upon in a normal manner, or, in the case of a caged bird a perch that is large enough for the bird to perch upon in a normal manner;
DEFINITIONS - HRS §710-1100 (E) Provide sufficient space to allow the pet animal to, at minimum, do the following: (i) Easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable manner for the pet animal, without making physical contact with any other animal in the enclosure; and (ii) Interact safely with other animals within the enclosure; and (5) Veterinary care when needed to prevent suffering. These requirements are minimal standards of care for pet animals.
DEFINITIONS - HRS §710-1100 “Torment” means fail to attempt to mitigate substantial bodily injury with respect to a person who has a duty of care to the animal. “Torture” includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted. Note: Although the statutes are entitled Cruelty to Animals, the term “Cruelty” was specifically removed from the definition section.
THE LAW - CHAPTER 711 OF THE HAWAII REVISED STATUTES OFFENSES AGAINST PUBLIC ORDER: CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS 711-1108.5 (Class C Felony) CRUELTY TO ANIMALS IN THE SECOND DEGREE, HRS 711-1109 (MD) CRUELTY TO ANIMALS;FIGHTING DOGS, HRS 711-1109.3 (Class C Felony) ANIMAL HOARDING, HRS 711-1109.6 (MD)
CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS §711-1108.5 (ACT 114 - Felony) In 2007, Act 114 strengthened Hawaii's animal cruelty laws, by elevating certain abuse to pet animals to a felony level, in part due to Porky, Kipu, and Gonzo, who were all beloved pet pigs, killed by people who trespassed onto private property. (KHNL News 8, 2007)
CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS §711-1108.5 (ACT 114 - Felony) The (Hawai’i) legislature found that violence, whether against humans or animals, must be not tolerated in our society. Evidence suggests a link between animal abuse and the commission of violent acts against humans. Hawaii is only one of nine states in the United States without a felony offense for domestic animal abuse. (Supplemental Commentary on HRS §711-1100)
CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS §711-1108.5 (ACT 114 - Felony) The legislature also found that pet animals provide a close emotional bond and relationship with their owners and family members and friends. Violence and harm committed against the animals have a significant emotional impact on their owners and family. (Supplemental Commentary on HRS §711-1100)
CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS §711-1108.5 (ACT 114 - Felony) (1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal.
CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS §711-1108.5 (ACT 114 - Felony) Punishment: 5 years prison and/or $10,000.00 fine or 5 years probation with reasonable conditions, including up to 1 year in jail.
CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS §711-1108.5 – NOT APPLICABLE TO: (a) Accepted veterinary practices; (b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or (c) Cropping or docking as customarily practiced.
CRUELTY TO ANIMALS IN THE FIRST DEGREE, HRS §711-1108.5 – NOT APPLICABLE TO: (3) Whenever any pet animal or equine animal is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section.
CRUELTY TO ANIMALS IN THE SECOND DEGREE, HRS 711-1109 (MD) (1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly: (a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;
CRUELTY TO ANIMALS IN THE SECOND DEGREE, HRS 711-1109 (MD) (b) Deprives a pet animal of necessary sustenance or causes such deprivation; (c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests;
CRUELTY TO ANIMALS IN THE SECOND DEGREE, HRS 711-1109 (MD) (d) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;
CRUELTY TO ANIMALS IN THE SECOND DEGREE, HRS 711-1109 (MD) (e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; (f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;
CRUELTY TO ANIMALS IN THE SECOND DEGREE, HRS 711-1109 (MD) (g) Tethers, fastens, ties, or restrains a dog to a dog house, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or (h) Assists another in the commission of any act specified in subsections (1)(a) through (1)(g).
DIFFERENCES BETWEEN C FELONY AND MD CRUELTY STATUTE
CRUELTY TO ANIMALS;FIGHTING DOGS, HRS §711-1109.3 (C FELONY) 1) A person commits the offense of cruelty to animals if the person: (a) Owns or trains any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
CRUELTY TO ANIMALS;FIGHTING DOGS, HRS §711-1109.3 (C FELONY) (b) For amusement or gain, intentionally causes any dog to fight with another dog, or causes any dog to injure another dog; or (c) Knowingly or recklessly permits any act in violation of paragraph (a) or (b) to be done on the premises under the person's charge or control, or aids or abets any such act.
ANIMAL HOARDING, HRS 711-1109.6 (MD) (1) A person commits the offense of animal hoarding if the person intentionally, knowingly, or recklessly: (a) Possesses more than fifteen dogs, cats, or a combination of dogs and cats;(b) Fails to provide necessary sustenance for each dog or cat; and
ANIMAL HOARDING, HRS 711-1109.6 (MD) (c) Fails to correct the conditions under which the dogs or cats are living, where conditions injurious to the dogs', cats', or owner's health and well-being result from the person's failure to provide necessary sustenance.
INCLUSION OF ANIMALS IN PROTECTIVE ORDERS – HRS §586-4 Aside from stronger cruelty laws, another positive development for the protection of animals (and victims of domestic violence), surely in part due to the recognition of the link between animal abuse and domestic violence, the Hawai’i legislature passed an amendment in 2009, to the law regarding TROs (temporary restraining orders) which was changed to allow for the inclusion of animals in protective orders.
INCLUSION OF ANIMALS IN PROTECTIVE ORDERS – HRS §586-4 The amendment provides: The family court “may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household,“ which is important because:
IMPORTANCE OF INCLUSION OF ANIMALS IN PROTECTIVE ORDERS 1) The statute recognizes the link by allowing petitioners and courts to include pets from threats of abuse and actual harm. 2) It is more likely that an abused adult and/or child will remain free from their abuser, and not return to the abusive home, if their pet is also safe. 3) Keeping pets safe allows the pet to continue to be a source of comfort for adult and child victims of family violence. 4) Children will become desensitized to violence toward pets over time and, therefore, stopping the cycle of violence reduces the likelihood that children in the home will replicate violence in the future. (The Few, the Proud - The Prosecutor, July 2006)
PROTECTIVE ORDERS AND DOMESTICVIOLENCE SHELTER Domestic Violence Shelters cannot take pets (ordinarily). Per Stacey Moniz, Executive Director of Women helping Women here on Maui, they will work with each individual to remove the pet from danger, keep it with the family, or find a temporary animal foster placement.
REPORTING CRUELTY How will I recognize cruelty? What if I am wrong? In Jacobellis v. Ohio, 378 US 184 (1964), a case addressing the issue of what is obscenity, Justice Potter Stewart famously coined this phrase: “I know it when I see it….” If you see something that makes you think is cruel or improper, neglectful or harmful to a pet or any animal, err on the side of caution – MAKE A REPORT. Listen to your instincts!
REPORTING CRUELTY You need to report as much information as possible, including the following: WHERE, WHAT, WHEN, WHO, AND HOW WHERE:Give a street address if possible, including cross streets, if unknown/no address, describe the house/apt/building in detail, ie, third house from XYZ Street, makai side, white with brown trim, with an old red Ford truck parked on grass.
REPORTING CRUELTY WHAT: is going on that made you call. Describe what you saw, heard, felt, smelled, include information about the physical condition of the animal. Be specific about any acts that were committed against the animal. Describe the animal’s reaction – crying, “screaming,” wincing, whining, cowering, etc.
REPORTING CRUELTY WHEN: did the incident occur. Give the date and time. If it is happening as you call, make sure you continue reporting what is going on. If you can, video or audio record what is going on with your cell/smart phone. Take photos!
WHO: is committing the offense. Give the name and description (height, weight, build, hair, eyes, tattoos, piercings, glasses, clothing, of the person or persons, any name they were called by others involved, car and license plate number. Note the presences of other witnesses, and children, visible or not, and report that as well!
REPORTING CRUELTY HOW: Be specific on how the offense is being committed. Under the excitement of an event, we tend to be conclusionary: “He is abusing the dog.” But what does abuse mean? Compare: He has an aluminum baseball bat, the dog is tied up on a heavy chain, he hit the dog at least 10x with the bat and he keeps hitting the dog, he swings with a full swing and when the bat connects, I can hear a “thump” and then the dog winces and “cries.” There is blood running down the dog’s face and nose. He also kicked the dog with steel toe boots in the rear right leg and the dog is limping.
REPORTING CRUELTY Ask other witnesses to also report. Even if others say they will make a report, don’t rely on that, make your own report. Do not wait until an animal's life is in danger. If you hear, see, smell, anything strange, or unusual, write it down, describe it, document it for yourself, so if matters become more clear, you will be able to share that information with the police, animal control, or child protective services.
REPORTING CRUELTY Write down the events that you observed in great detail. All cases benefit from details. When you write details, you will be able to remember things much later, if need be. Make a note of who you called (get names, Id numbers#, badge numbers, Operator numbers, etc.) and who you spoke with subsequently. Call to find out what happened to the case.
LEAVE YOU WITH THIS QUOTE "Anyone who has accustomed himself to regard the life of any living creature as worthless, is in danger of arriving also at the idea of worthless human lives.“ ~Dr. Albert Schweitzer~
Our bus can make Maui a better place for all. Decrease Euthanasia in Shelters Reduce Unwanted, Stray and Feral Animals Protect Our Environment Reduce Abandonment, Mistreatment & Cruelty
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REFERENCES Ascione, F. R. & Arkow, P. (eds.) Child Abuse, Domestic Violence and Animal Abuse, p. 6, (Purdue Research Foundation 1999) Elizabeth Deviney et al., “The Care of Pets Within Child Abusing Families,” International Journal for the Study of Animal Problems 4 (1983): 321-9.
REFERENCES http://www.trutv.com/library/crime/serial_killers/notorious/berkowitz/22.html http://www.trutv.com/library/crime/serial_killers/predators/kemper/sara_7.html http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=208656,Becker, F. & French, L., Making the Links: Child Abuse, Animal Cruelty, and, Domestic Violence, Child Abuse Review, Vol. 13, 6:399-414 (December 2004) NSPCC, Understanding the Links: Child Abuse, Animal Abuse and Domestic Violence, [Electronic version], retrieved from www.nspcc.org.uk/inform on 1/12/11.
REFERENCES PETA, Animal Abuse & Human Abuse: Partners in Crime, Information for Prosecutors, Judges, and Law Enforcement Officers, Electronic version, retrieved from http://www.peta.org/issues/Companion-Animals/animal-abuse-and-human-abuse-partners-in-crime.aspx on 1/12/11. Phillips, A., The Few and the Proud: Prosecutors Who Vigorously Pursue Animal Cruelty Cases, The Prosecutor, 42:20, July 2008.