Animal Cruelty Investigations. Группа авторов

is transferred by an order of the court to a designated entity.

      1.6.11.2 Postconviction Forfeiture

      A divestment of property that occurs as a result of a criminal conviction.

       1.6.12 Foreclosure

      The process of terminating an ownership interest in property in order to gain title to the property or satisfy an unpaid debt connected to the property. In an animal cruelty case, the property consists of the animal/animals seized in the case. The unpaid debt is the costs of care that have accrued since the animal(s) was taken into custody.

       1.6.13 Grand Jury

      A body of citizens that reviews evidence presented by the prosecutor to determine if the prosecutor has probable cause to charge the suspect with a crime.

       1.6.14 Hearing

      A proceeding that takes place in front of a judicial officer to determine issues related to a case.

       1.6.15 Judgment

      A ruling in a case by a court containing its final determination in the case. Depending on the determination and the court, the judgment may be subject to appeal.

       1.6.16 Lay Witness

      A lay witness is “[a] witness who does not testify as an expert and who is therefore restricted to giving an opinion or making an inference that (1) is based on firsthand knowledge, and (2) is helpful in clarifying the testimony or in determining facts” [14].

       1.6.17 Lien

      “A legal right or interest that a creditor has in another's property, lasting usually until the debt or duty that it secures is satisfied” [15]. In an animal cruelty case, several states have laws that specifically create a lien for the costs of care that an agency or individual provides to the animals connected to a criminal animal cruelty case. The agency or individual can foreclose on those liens, the result of which is repayment of the costs or transfer of ownership of the property to satisfy the debt (see Chapter 15 for more information about liens and foreclosure).

       1.6.18 Mental State

      Mental state refers to an element of every animal cruelty offense: the state of mind of the perpetrator of the cruelty. Wording can vary slightly between states, but generally the mental state the prosecution is required to prove falls into one of these four areas [16].

      1.6.18.1 Criminal Negligence

      The perpetrator should have been aware of a risk and a reasonable person in their situation would have been aware of the risk.

      1.6.18.2 Recklessly

      The perpetrator disregards substantial and unjustifiable risk that a particular result will occur and engages in conduct that causes that result. This disregard for the risk deviates from that of an average law‐abiding citizen.

      1.6.18.3 Knowingly

      The perpetrator consciously engages in conduct knowing that a particular result is likely if not certain.

      1.6.18.4 Purposefully or Intentionally

      The perpetrator has the conscious objective to engage in the conduct and cause the result of the conduct.

       1.6.19 Motion

      A document filed in a case requesting the court/judge to take a particular action.

       1.6.20 No Contest

      A plea that does not admit guilt but does not challenge the charges.

       1.6.21 Plea Bargain/Agreement

      An agreement the defendant makes to negotiated charges and sentencing provisions, and results in a conviction [17].

       1.6.22 Pretrial Hearing

      A court proceeding that takes place prior to a trial to assess trial readiness, or to address and sometimes narrow, the issues in a case [18].

       1.6.23 Possession Ban

A sentencing provision that prevents a defendant from possessing animals, a certain species of animal, or a particular animal for a period of time.²

       1.6.24 Probation

      A sentence that a defendant can receive that involves certain stipulations a defendant must meet after being released postconviction. Probation can be included with incarceration as part of a sentence, or in lieu of incarceration.

      1.6.24.1 Bench Probation

      Bench probation means the defendant will not have to check in with a probation officer but would have to appear before the trial judge if they are found to be in violation of one of the stipulations.

      1.6.24.2 Supervised Probation

      Supervised probation means the defendant will have to routinely check in with a probation officer to confirm they are adhering to their stipulations.

       1.6.25 Release Order

      An order by the court allowing a defendant to be released into the community pending trial, with restrictions that must be adhered to by the defendant.

       1.6.26 Restitution

      A monetary amount determined to redress a crime victim's injuries or losses that a defendant can be ordered to pay as part of sentencing.

       1.6.27 Sentencing

      The phase of the criminal justice process that determines how the defendant will be held accountable if they are convicted of a crime(s). This can include but is not limited to jail time, probation, fines, restitution, and mandatory counseling.

       1.6.28 Stipulate

      When two lawyers (generally adverse parties) agree to something relevant to their case. For example, to agree that a piece of evidence (lab results, photograph, video, etc.) can be admitted without authentication by a witness [19].

       1.6.29 Testimony

      Statements made by an individual under oath.

       1.6.30 Trial

      “A formal judicial examination of evidence and determination of legal claims in an adversary proceeding” [20]. In a criminal trial the defendant has the right to choose between a bench trial and a jury trial.

      1.6.30.1 Bench Trial

      A trial that takes place without a jury and the judge determines both questions of fact and law.

      1.6.30.2 Jury Trial