Animal Cruelty Investigations. Группа авторов

6 August 2021).

      Note

      1 1 Note that this section discusses interviews in which the individual is free to leave. There are strict laws that govern parameters of custodial interviews, see Section 5.3.

6 The Veterinarian's Role in Animal Cruelty Investigations

       Kris Otteman

6.1 The Veterinarian is an Important Partner in Animal Cruelty Investigations

      A veterinarian's participation in an animal cruelty investigation is important. The veterinarian is positioned to report on and testify to the overall health and welfare of the animal(s) and has the training, experience, and credibility required to speak to the pain and suffering an animal experienced, and uncover evidence to help determine how an animal died or was injured, or whether sufficient care was given to protect the health of an individual or group of animals.

      Veterinary expertise is often required to help answer legal questions as to whether an animal victim's injuries were reckless, intentional, or knowingly committed. Investigations benefit from the participation of a veterinarian who can and will provide information that others involved cannot be expected to contribute.

      Veterinary forensics is the use of veterinary medical and animal knowledge to identify, collect, and assess information vital in determining whether a crime involving an animal was committed; in some cases, how, when, and by whom. Veterinarians evaluate evidence in all aspects of animal health and husbandry. Questions about appropriate housing, sanitation, life stage care, and access to veterinary care provide the base of information necessary for law enforcement to investigate a potential crime. Veterinarians crack the code on many complex issues such as time, manner, and cause of death or injury, and can provide information that will be used to rule in or out a criminal act.

Entities that call on the veterinary profession to provide assistance may include law enforcement, prosecutors, agricultural experts, animal care experts, animal control agencies, humane societies, and so on. Services that veterinarians provide in animal cruelty investigations include: assisting in the investigation itself by aiding in identifying important questions and observations for the investigator to consider; assistance at an animal crime scene or in processing evidence including live or deceased animals from a crime scene; communicating results of findings, which may include email and reports; witness or expert testimony; and planning and oversight of medical and behavioral care for animals involved in an investigation or otherwise in care in poor condition or injured as a result of animal cruelty (Figure 6.1).

Figure 6.1 The veterinarian’s role includes evaluation of the behavioral and medical status of each animal.

      Source: Oregon Humane Society.

Veterinary forensics digs deep into potential mysteries around animal injury or death and draws conclusions about potential criminal acts, while mirroring the normal process veterinarians use in clinical practice. The veterinarian gathers subjective and objective information, makes an assessment, and delivers a plan for next steps (subjective, objective, assessment, and plan [SOAP]). This information ultimately results in a final opinion and report that is provided to the agency leading the investigation or in some cases directly to a prosecutor or defense attorney.

      The need for veterinary forensics is substantial and the lack of access by law enforcement to draw on this expertise is often a limiting step in addressing animal cruelty investigations. When veterinary resources are not available, communities suffer significant risk of negative consequences to people and animals. Veterinarians in every type of practice have relevant knowledge and talent needed in this field. By engaging in forensics and developing an understanding of how to contribute they become an asset to the process.

      Remember, while the veterinarian is vital to the fight against animal cruelty, they are not alone in protecting the welfare of animals. Every state has criminal laws that require a minimum standard of care and law enforcement, and prosecutors are charged with upholding and enforcing these laws. Therefore, interdisciplinary cooperation between the veterinarian, law enforcement, and prosecutor is crucial.

      Combining veterinary expertise with a review of the applicable laws in cruelty case investigations often reveals the cause and effect of human actions or lack of actions toward animals. When an animal is found to be unhealthy or to have died of a disease or injury, the veterinarian's findings and the legal requirements for care provide guidance as to whether the circumstances that contributed to the animal's illness, injury, or demise meet the standard for criminal prosecution. For example, in the case of an emaciated dog suffering from cancer and receiving appropriate medical care, there is no maltreatment under the law, while in the case of an emaciated dog chained to a tree in the backyard, forgotten and without provision for adequate nutrition, there is maltreatment, and the action is criminal by violation of the law's requirement to provide minimum care. The veterinarian's role in solving the case is to examine the evidence and determine the cause of the animal's condition.

In addition to providing services as part of an investigation the veterinarian or veterinary staff may be the first to receive a report of or to recognize animal cruelty. Many states have laws that require veterinarians to report suspected animal cruelty and, in some states, veterinarians are immune from criminal and civil action for reporting a concern, if acting in good faith. When confronted with potential animal abuse or neglect a veterinarian must consider the ethical, legal, and obligatory aspects of reporting suspected cruelty and take appropriate action.

6.2 The Veterinarian's Oath

Upon graduation with a doctorate in veterinary medicine the new graduate swears an oath of dedication to the profession. This oath was first authored in 1965 and was modified in 2010 to include the words “welfare” and “prevention … of suffering” [1]. This small change has far‐reaching meaning for the profession. Not only are veterinarians responsible for expertise in animal and public health, but they are also obligated to protect the welfare and prevent the suffering of animals (Box 6.1).

Box 6.1 Veterinarian's Oath

      Being admitted to the profession of veterinary medicine, I solemnly swear to use my scientific knowledge and skills for the benefit of society through the protection of animal health and welfare, the prevention and relief of animal suffering, the conservation of animal resources, the promotion of public health, and the advancement of medical knowledge.

      I will practice my profession conscientiously, with dignity, and in keeping with the principles of veterinary medical ethics.

      I accept as a lifelong obligation the continual improvement of my professional knowledge and competence.

      The oath underscores the duty of the profession to aid in responding to animal cruelty. It is the veterinarian's responsibility to report cruelty when suspected, and to intervene before the potential for neglect in a client's animals becomes criminal. Animal welfare is the proper treatment of animals. According to the American Veterinary Medicine Association: “Ensuring animal welfare is a human responsibility that includes consideration for all aspects of animal well‐being, including proper housing, management, nutrition, disease prevention and treatment, responsible care, humane