Veterinary Forensics E-Book

• Herausgeber: John Wiley & Sons
• Kategorie: Fachliteratur
• Sprache: Englisch

Seitenzahl: 1190

Veröffentlichungsjahr: 2012

Beschreibung

Veterinary Forensics, Second Edition is a practical reference on applying veterinary forensic findings in animal cruelty cases. Now providing a greater focus on findings in animals, the second edition continues to offer guidance with more detailed information on crime scene investigation, forensic testing and findings, handling evidence, and testifying in court. Key changes to the new edition include new chapters on abuse in large animals, poultry, and birds; a standalone chapter on entomology; a new section on large scale cruelty investigation; an expanded section on pain and suffering; more pathology information; and more photos, forms, and information throughout. Logs and workbooks from the book are available on a companion website at www.wiley.com/go/vetforensics, allowing readers to download, customize, and use these forms in forensics investigations. Veterinary Forensics is an essential resource for veterinarians, pathologists, attorneys, and investigators working on animal abuse cases.

Leseprobe

Table of Contents

List of Contributors

Foreword

Preface

Acknowledgments

1 The Legal System: The Veterinarian’s Role and Responsibilities

INTRODUCTION

DEFINING ANIMAL CRUELTY

GOVERNING LAWS

HOW VETERINARIANS BECOME INVOLVED

SEARCH AND SEIZURE

HANDLING THE MEDIA IN ANIMAL CRUELTY CASES

CONFIDENTIALITY

FILING CRIMINAL CHARGES AND HEARINGS

NON-CRIMINAL CASES

TRIAL

COMPENSATION FOR THE VETERINARIAN

CONCLUSION

2 Crime Scene Investigation

INTRODUCTION

THE VETERINARIAN’S ROLE AND HANDLING OF ANIMALS AT THE CRIME SCENE

GENERAL CONSIDERATIONS FOR CRIME SCENE PROCESSING

ENVIRONMENT: WEATHER DATA

PHOTOGRAPHY AND VIDEOGRAPHY

EVIDENCE RECOGNITION AND DOCUMENTATION

EVIDENCE COLLECTION AND PACKAGING

EXCLUSIONARY BIOLOGICAL TESTING

BLOOD EVIDENCE

BURIAL SCENES: GRAVE DETECTION, MAPPING, AND EXCAVATION

3 CSI: Examination of the Animal

GENERAL CONSIDERATIONS

DETERMINING NON-ACCIDENTAL INJURY

BEHAVIORAL CONSIDERATIONS OF ANIMALS

EVIDENCE DOCUMENTATION, COLLECTION, AND PACKAGING

CHAIN OF CUSTODY

PHOTOGRAPHY AND VIDEOGRAPHY

EXAMINATION AND DOCUMENTATION OF THE LIVE ANIMAL

EXTERNAL EXAMINATION

FORENSIC NECROPSY

SPECIAL CONSIDERATIONS

THE FORENSIC REPORT

4 Special Considerations in Animal Cruelty Cases

LARGE SCALE CRUELTY CASES

TRACE EVIDENCE

FORENSIC BOTANY

DNA: DEOXYRIBONUCLEIC ACID

ANIMAL DEATH/INJURY IN HUMAN SUSPICIOUS DEATH/INJURY CASES

OTHER UNIQUE IDENTIFIERS OF ANIMALS

MÜNCHAUSEN SYNDROME BY PROXY

SUFFERING

PAIN

SUGGESTED READING ON PAIN IN ANIMALS

5 Blunt Force Trauma

OVERVIEW

BRUISING/CONTUSIONS

ABRASIONS

LACERATIONS

LIGATURE INJURIES

AVULSION INJURIES

FRACTURES

MOTOR VEHICLE ACCIDENT (MVA) INJURIES

FALL INJURIES

SWINGING/DRAGGING INJURIES

GROOMING-ASSOCIATED INJURIES

BLUNT FORCE INJURIES TO SPECIFIC BODY REGIONS

6 Sharp Force Injuries

GENERAL CONSIDERATIONS

STAB WOUNDS

INCISED-STAB WOUNDS

INCISED WOUNDS

CHOP WOUNDS

MUTILATIONS, PREDATOR ATTACKS, AND DOG ATTACKS

RITUALISTIC CRIMES

7 Burn-, Electrical-, and Fire-Related Injuries

INTERPRETING BURN PATTERNS

RECOGNITION AND COLLECTION OF EVIDENCE

BURN CLASSIFICATION

SYSTEMIC EFFECTS OF BURNS

GENERAL MICROSCOPIC EXAMINATION FINDINGS IN BURNS

THERMAL BURNS

CHEMICAL BURNS

ELECTRICAL BURNS

FIRE-RELATED INJURIES

8 Firearm Injuries

INTRODUCTION

OVERVIEW OF FIREARMS

WOUND BALLISTICS

DETERMINING ENTRANCE AND EXIT WOUNDS

DETERMINING GUNSHOT RANGE

EXAMINATION OF GUNSHOT VICTIMS

9 Asphyxia

OVERVIEW OF ASPHYXIA

GENERAL FINDINGS IN ASPHYXIA

SUFFOCATION

STRANGULATION

MECHANICAL ASPHYXIA

DROWNING

10 Poisoning

OVERVIEW OF INTENTIONAL POISONINGS

EVIDENCE AND HISTORY

DIAGNOSTICS

AGENTS USED IN ANIMAL POISONINGS

SUMMARY

11 Neglect

INTRODUCTION

ENVIRONMENT EXAMINATION

MALNUTRITION: IMPROPER FEEDING

MALNUTRITION: STARVATION

ANIMAL HOARDERS AND ANIMAL SANCTUARIES

PUPPY MILLS

HEAT STROKE

HYPOTHERMIA

EMBEDDED COLLARS

DEMODICOSIS

UNTREATED INJURIES

12 Sexual Abuse

OVERVIEW

CONSIDERATIONS FOR CRIME SCENE INVESTIGATION

ASSESSMENT OF VIDEOS

GENERAL EXAMINATION FINDINGS

EXAMINATION PROCEDURES

SUSPICIOUS EXAMINATION FINDINGS

ZOONOTIC DISEASE

EVALUATION AND DIFFERENTIATION OF HUMAN AND CANINE SPERM AND SEMEN

13 Animal Fighting

OVERVIEW OF DOG FIGHTING

THE FIGHTING DOG

FIGHTING CLASSIFICATIONS

THE FIGHT AND THE DOG FIGHTING PIT

TRAINING AND FIGHTING PARAPHERNALIA

CANINE CODIS: FIGHTING DOG COMBINED DNA INDEX SYSTEM

EXAMINATION OF THE ANIMAL

COCKFIGHTING

OTHER TYPES OF ANIMAL FIGHTING

14 Postmortem Changes and the Postmortem Interval

OVERVIEW

EXAMINATION OF THE BODY

DETERMINING THE PMI: EXAMINATION OF THE CRIME SCENE

15 Forensic Entomology: The Use of Insects in Animal Cruelty Cases

INTRODUCTION

PRINCIPLES OF MEDICOLEGAL ENTOMOLOGY

CUTANEOUS MYIASIS: THE INSECT COLONIZATION OF LIVE ANIMALS

OTHER USES FOR INSECTS IN ANIMAL CRUELTY INVESTIGATIONS

COLLECTION OF INSECT EVIDENCE

SUMMARY

16 Large Animal Cruelty

INTRODUCTION

ASSESSING PAIN AND SUFFERING

INVESTIGATION OF CRUELTY

STARVATION

BODY CONDITION SCORING

EVALUATION OF WATER

HOOF CARE

DENTAL CARE

SHELTER

ACCIDENTAL AND NON-ACCIDENTAL INJURIES

17 Avian Cruelty

PET BIRD CRUELTY

AVIAN ABUSE DEFINED

INTENTIONAL ABUSE

UNINTENTIONAL ABUSE

VETERINARY ABUSE

POULTRY CRUELTY

GENERAL EXAM FINDINGS IN PET BIRD AND POULTRY CRUELTY

Appendix 1 Colorado Veterinary Medical Association Protocol for Mandatory Reporting of Animal Cruelty and Animal Fighting

CRUELTY LAW AND DEFINITIONS

SAMPLE PROTOCOL FOR THE VETERINARY PROFESSIONAL

PRIMER FOR REPORTING (AKA: HELP! HOW DO I GET STARTED?)

AREAS ON THE MAGNET

PATTERNS OF NON-ACCIDENTAL INJURY

ADDITIONAL CONTACTS

Appendix 2 Case Status Form

UPDATES

Appendix 3 Evidence Log/Chain of Custody Form

Appendix 4 Photo Log

Appendix 5 Animal Cruelty Forensic Supplies

GENERAL

EVIDENCE IDENTIFICATION, COLLECTION, AND PACKAGING

SCENE DOCUMENTATION: MAPPING, PHOTOGRAPHY

GRAVE EXCAVATION/SURFACE REMAINS

ENTOMOLOGY COLLECTION

Appendix 6 Clandestine Burial Crime Scene Checklist

Appendix 7 Veterinarian Crime Scene Checklist

DEATH SCENES

Appendix 8 Deceased Animal Intake Questionnaire

ENVIRONMENT DESCRIPTION:

Appendix 9 Live Animal Intake Questionnaire

ENVIRONMENT DESCRIPTION:

Appendix 10 Live Exam Form

Appendix 11 Necropsy Exam Form

Appendix 12 Fixed Tissue List for Histopathology

Appendix 13 Canine Body Condition Score for 1–9 and 1–5 Scales

Appendix 14 Feline Body Condition Score for 1–9 and 1–5 Scales

Appendix 15 Dog Diagram: Condition of Skin, Haircoat, and Nails Form

COMMENTS:

PHYSICAL CARE SCALE

Appendix 16 Cat Diagram: Condition of Skin, Haircoat, and Nails Form

COMMENTS:

PHYSICAL CARE SCALE

Appendix 17 Cat Skeleton Lesions Form

COMMENTS:

Appendix 18 Dog Skeleton Lesions Form

COMMENTS:

Appendix 19 Cat and Dog Skeletal Inventory Form

Appendix 20 Live Exam Report Template

Appendix 21 Necropsy Report Template

Appendix 22 Forensic Medical Protocol for Large Scale Cases

GENERAL

VETERINARY TEAMS

SCENE ASSESSMENT

EXAMINATIONS

MEDICAL SUPPLIES AND EQUIPMENT CONSIDERATIONS

Appendix 23 Large Scale Medical Supply List

Appendix 24 Large Scale Live Animal Exam Form

Appendix 25 Rapid Bird Exam Form

Appendix 26 Botany Field Report

Appendix 27 Dog Bite Investigation Worksheet

Appendix 28 Basic Small Pet Bird Care in Temporary Shelters

DIET

HOUSING

RESTRAINT

COMMON MEDICAL PROBLEMS

OTHER

Appendix 29 Tuft’s Animal Care and Condition Scale for Dogs

Appendix 30 Tufts Animal Care and Condition Scale for the Environment

Appendix 31 Dogfighting Terminology

Appendix 32 Cajun Rules for Dogfighting

CAJUN RULES

Appendix 33 Dogfighting Scar and Injury Chart

Appendix 34 Cockfighting Scar and Injury Chart

Appendix 35 Examples of Vitamins, Drugs, and Medical Supplies Used in Dogfighting

VITAMINS AND SUPPLEMENTS

DRUGS

MEDICAL SUPPLIES

ANABOLIC AGENTS (EXAMPLES)

PEPTIDE HORMONES (EXAMPLES)

MASKING AGENTS

MASKING AGENTS: DIURETICS (EXAMPLES)

CERTAIN STIMULANTS (EXAMPLES)

Appendix 36 Entomology Form for Animal Cases

Appendix 37 Webliography

AVIAN

CONSULTATION SERVICES

EQUIPMENT

FORENSIC TESTING

GENERAL INFORMATION

LARGE ANIMAL

LEGAL

ORGANIZATIONS

Index

Companion WebsiteThe book is accompanied by a companion website, accessible atwww.wiley.com/go/vetforensicsThe website includes forms and checklists to download and use in forensics investigations.

This edition first published 2013 © 2013 by John Wiley & Sons, IncFirst edition published 2007 © Blackwell Publishing

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Library of Congress Cataloging-in-Publication Data

Veterinary forensics : animal cruelty investigations / Melinda D. Merck, editor. – 2nd ed.p. ; cm.Includes bibliographical references and index.

ISBN 978-0-470-96162-9 (pbk. : alk. paper)I. Merck, Melinda.[DNLM: 1. Animal Welfare. 2. Forensic Medicine. 3. Veterinary Medicine. SF 769.47]636.089′4–dc23

2012020845

A catalogue record for this book is available from the British Library.

Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books.

Disclaimer

The publisher and the author make no representations or warranties with respect to the accuracy or completeness of the contents of this work and specifically disclaim all warranties, including without limitation warranties of fitness for a particular purpose. No warranty may be created or extended by sales or promotional materials. The advice and strategies contained herein may not be suitable for every situation. This work is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If professional assistance is required, the services of a competent professional person should be sought. Neither the publisher nor the author shall be liable for damages arising herefrom. The fact that an organization or Website is referred to in this work as a citation and/or a potential source of further information does not mean that the author or the publisher endorses the information the organization or Website may provide or recommendations it may make. Further, readers should be aware that Internet Websites listed in this work may have changed or disappeared between when this work was written and when it is read.

Dedication

This book is dedicated to those who have risen above encumbrances and done the right thing. You are the true heroes.

List of Contributors

Gail S. Anderson, MPM, PhD, D-ABFEProfessorDirector, Undergraduate Programmes,School of CriminologyCo-Director, Centre for Forensic ResearchDiplomate, American Board of Forensic EntomologySimon Fraser UniversityVancouver, British ColumbiaDiane E. Balkin, JDContract AttorneyAnimal Legal Defense FundDenver, ColoradoSharon M. Gwaltney-Brant, DVM, PhD, DABVT, DABTToxicology Consultant, Veterinary Information Network, Davis, CaliforniaAdjunct faculty, College of Veterinary MedicineUniversity of IllinoisUrbana-Champaign, IllinoisDon J. Harris DVMSouth Dade Avian & Exotic and Small Animal HospitalMiami, FloridaLaura A. Janssen, JDFormer Senior Assistant District AttorneyFulton County District Attorney’s OfficeAtlanta, GeorgiaRichard A. LeCouteur, BVSc, PhD, Diplomate ACVIM (Neurology), Diplomate ECVNProfessor of Neurology & NeurosurgeryUniversity of CaliforniaSchool of Veterinary MedicineDavis, CaliforniaMelinda D. Merck, DVMVeterinary Forensics Consulting, LLCAtlanta, GeorgiaPaulo C. Maiorka, DVM, MSc, PhDAssociate Professor of Veterinary Pathology and Veterinary Forensics Department of PathologySchool of Veterinary Medicine and Animal SciencesUniversity of São PauloSão Paulo, BrazilDana M. Miller DVMMiller Veterinary ConsultingSpartanburg, South CarolinaDoris M. Miller DVM, PhD, DACVPProfessorAssociate Director of State Government RelationsAthens Veterinary Diagnostic LaboratoryCollege of Veterinary MedicineUniversity of GeorgiaAthens, GeorgiaRobert W. Reisman, DVMMedical Coordinator of Animal Cruelty CasesForensic SciencesBergh Memorial Animal HospitalAmerican Society for the Prevention of Cruelty to AnimalsNew York, New York

Foreword

Of my 25 years as an attorney, I have spent just over 17 years in the trenches as a prosecutor. Then, and now in my work with the Animal Legal Defense Fund, I have always considered animal cruelty cases to be a top priority for any law enforcement agency or prosecutor’s office. I recall a case I handled before I became the elected District Attorney in Benton County, Oregon, where a drunken man, without provocation, stabbed a puppy in the chest with a large knife, killing the little guy. After reading the incident report and looking at the photos of that innocent, limp body with a huge knife sticking out of his ribs, I recall experiencing a moment of profound anger directed at both the defendant for his unspeakably savage conduct and the state legislature for its lack of vision in classifying this conduct as a lowly misdemeanor (years later, this conduct is now a class C felony).

The fact is, in the early 1990s, there were only a handful of states that had a felony animal cruelty statute on the books. Now, as of this writing, only three states do not have a felony animal cruelty statute. Though on an accelerated timeline, the same trend is true with animal fighting cases. In the late 1970s it was still legal to fight dogs in some states and roosters in several others. But no more: animal fighting is now illegal in every state and a federal offense as well. There are even a handful of states that have elevated animal fighting to the level of a racketeering predicate offense (I am proud to note that Oregon took this step well in advance of a certain NFL player’s highly-publicized foray into dogfighting).

With these increased criminal penalties comes an ever-greater need for quality investigations. Speaking from experience, when the State presents its case to a jury, a very common defense tactic is to “put the investigation on trial.” This approach can be an effective one because jurors have come to expect the State to employ every technological advantage if it is to carry its heavy burden of proof. This is an impossible expectation to meet if the evidence at the crime scene was not collected properly, documented ­accurately, or analyzed fully. When officers fail to recognize the reality that they have, in effect, two crime scenes (i.e. the physical location of the event and the victim animal’s body) key evidence is overlooked, compromised or, sadly, affirmatively tossed in the trash.

If investigators fail to create a scene diagram noting the locations of where the evidence was found, the case is ­vulnerable. Likewise, if veterinarians fail to perform a full and accurate forensic exam or does not know how to properly document their findings, then the case is vulnerable. If prosecutors fail to properly prepare the State’s expert witness (usually a veterinarian) for trial, then the expert will have a difficult time persuading the jury on direct examination and likely an even tougher time withstanding the ­rigors of cross-examination, and the case is vulnerable.

These very real dynamics are precisely why Dr. Merck’s book is so important to the professionals working to ensure justice in animal cruelty cases. If every officer reads this book, one can safely conclude that gone are the days when a responding officer just tosses the body of the animal ­victim in the trash. Rather, the body will be treated like the critical piece of evidence that it is, seized and presented for necropsy, with investigators first measuring not just the body’s core temperature (repeatedly, at fixed intervals), but also the ambient temperature where the body was recovered (a key piece of information necessary to any attempt to narrow the postmortem interval).

Veterinarians who read this book will come away with the expertise and confidence to conduct bomb-proof forensic examinations, render phlegmatic diagnoses of non-accidental injury cases, and accurately chart exam findings that holdup in court. They will be able to make discretionary (or mandated) reports of animal abuse without losing sleep over the decision. And ultimately testify at trial in a manner that not just communicates the facts of the case but also wins the trust and respect of the court.

Prosecutors who read this book will come away with not only a clear understanding of how to direct law ­enforcement to ensure that the crime scene investigation will withstand the rigors of trial, but also a full appreciation of the widely varied science one encounters in this line of work, be it a non-accidental injury case, a sexual assault case, or an animal fighting case. With this increased understanding of the underlying science comes a confidence and a credibility that attaches to the State’s case and prosecutors will have little trouble dispensing with any effort by the defendant to put the investigation on trial.

This book is a seminal work and a vital tool to the men and women who work to ensure that those who abuse animals are held fully accountable for their conduct. Veterinary and criminal justice professionals who read Dr. Merck’s work will, as a direct result, experience better outcomes in these important cases.

Scott A. HeiserSr. Attorney and Criminal Justice Program DirectorAnimal Legal Defense Fund

Preface

“The question is not can they reason, nor can they talk, but can they suffer?”

Jeremy Bentham, 1789 (Introduction to the Principles of Morals and Legislation, Second Edition, 1823, chapter 17, footnote.)

Since writing the first edition of this book, there have been significant world-wide changes in several areas that impact animal cruelty cases. In 2009, the Farm Animal Welfare Council recognized and defined the five freedoms of animals: freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury, or disease; freedom from fear and distress, and freedom to express normal behavior. These freedoms succinctly summarize the core issues of animal abuse. Furthermore, they signal a shift in the perception of animals and acknowledge that animals suffer.

Animal cruelty laws have also changed internationally. The veterinary, legal, and animal welfare communities have worked together to pass stronger legislation with higher penalties. This has also created an even greater need for veterinary forensic science. Veterinary forensic medicine has been part of several international veterinary curriculums and it continues to grow in the United States. The passage of mandatory animal cruelty reporting laws for veterinarians places a responsibility on the veterinary schools to provide this as part of the student’s education. National, state, and local veterinary organizations have taken up the cause, providing continuing education conferences for practicing veterinarians.

There has been a rise of interest in the field of veterinary forensic science and medicine from the veterinary, legal, law enforcement, and forensic science professionals. This book contains the latest in current knowledge and research as it applies to animals; it comes from both the human and veterinary fields. There continues to be ongoing and pertinent research and data collection from across the globe. This is reflected in the number and caliber of the professional contributors to this edition. There are new chapters in avian, poultry, and large animal cruelty in this book. The importance of forensic entomology and the valuable information that can be obtained from insects has prompted a stand-alone chapter on the subject. The first chapter has been enhanced to provide more information for those unfamiliar with the judicial process and reporting of abuse. The second and third chapters are greatly expanded with vast details to provide the formative basis for each subsequent chapter. Each of the following chapters is larger and has been augmented with new information. There is a new section on the pain and suffering of animals in an effort to provide a scientific basis for this issue. Of note are the significant additions regarding crime scene investigation, grave excavation, animal examination, evidence collection and packaging, forensic testing, forensic report writing, and large scale cruelty response. There are new photographs, tables, and figures throughout the textbook, along with new and improved appendices containing valuable forms, checklists, and resources. All of these additions are invaluable for law enforcement, legal, and veterinary professionals.

Animal cruelty investigations and prosecutions require a collaborative effort from all involved. It is important to recognize that knowledge is necessary for the greatest success. Treating an animal cruelty investigation the same as any criminal investigation will result in better outcomes and greater respect with positive changes in the laws and attitudes of those who can impact the animal world. This book will serve all parties in their work on animal cases by providing the requisite knowledge. My hope is that it prompts more interest and research into the field of veterinary forensics from the forensic science and veterinary communities.

Melinda D. Merck

Acknowledgments

I want to thank the contributors who have made this second edition possible. Their expertise, insight, and experience are invaluable. To those who have given me the honor of assisting with their cases, thank you. The knowledge in veterinary forensic science and medicine has greatly expanded through this work, so keep it coming. To my forensic colleagues, thank you for your insight and assistance with this book. Thanks to Dr. Julie Burge and Jim Crosby for granting the use of their forms. To the progressive and insightful veterinarians in Sao Paulo, you are an inspiration to us all. I want to express my deepest gratitude to those who investigate and prosecute animal cruelty with continued pursuit of excellence. It is your passion and dedication that has created the need for this textbook.

This book would not have been possible without the love and support of Theresa and my family on 6th Street in Gainesville. Your friendship surpasses all boundaries. I am grateful for the support and understanding from my friends and family, especially Asa and Tucker. I promise to be at the next sporting events.

Lastly, I want to thank my four-legged companions who suffered periodic neglect while writing this second edition, surrounding me with hopeful toys. I am eternally grateful they do not know how to post ads for “new home wanted” on the Internet.

Melinda D. Merck

1

The Legal System: The Veterinarian’s Role and Responsibilities

Diane E. Balkin, Laura A. Janssen, and Melinda D. Merck

Without justice, there can be no peace. He who ­passively accepts evil is as much involved in it as he who helps to perpetrate it.

Martin Luther King

INTRODUCTION

There is a growing societal awareness about cruelty to animals. The veterinary community is no exception. There is an expectation that perpetrators of animal cruelty and neglect be held accountable. It has been long recognized that there is a link between cruelty to animals and violence toward humans, and that animal abuse is often one of the indicators of family violence and child abuse. The law enforcement community now recognizes that early and aggressive intervention in animal cruelty cases has a positive and proactive impact on public safety and human welfare.

To effectively prosecute those who harm animals there must be a collaborative effort among agencies and ­individuals. Animal cruelty cases are unique because none of the victims are able to tell the authorities what ­happened. Therefore, there is a need for the expertise of a ­veterinarian or other animal health care professional in nearly every case. According to Neumann (2005), society already sees veterinarians as animal welfare advocates, and there is an expectation that veterinarians will fully cooperate in the investigation and prosecution of a cruelty case. Veterinarians are perceived of as a caregiving profession and members of the public expect them to be at the ­forefront of setting the highest standards for animal ­welfare. “Research and ­professional experience provide compelling evidence that the veterinarian is not only a public health authority, but a type of “family practitioner” with a potential for ­preventing several forms of family violence”(Arkow).

Most veterinarians have not received formal training in recognizing animal abuse as part of their primary ­education; rather, they have gained the knowledge through continuing education or textbooks. Veterinary forensic medicine has been part of the veterinary college ­curriculum in other countries, such as Scotland and Brazil, whereas in the United States it has only recently begun to be ­incorporated into the curriculum or offered as an ­elective course. Even with some training veterinarians tend to ­hesitate to act because they are concerned about being incorrect in their suspicions. There is an increasing trend in legislation regarding the veterinarian’s role in reporting animal cruelty. Most of the provisions in the United States are found in either the state’s Veterinary Practice Act or their animal cruelty statute. The laws address both the requirement to report and the civil and criminal immunity and protection given to the practitioner who does file a report. The Animal Legal Defense Fund (www.aldf.org) maintains a current list of the states with some type of duty to report and those that provide some type of immunity.

DEFINING ANIMAL CRUELTY

Cruelty to animals can involve anything from act to ­omission, from teasing to torture, and from intentional to negligent. It also includes animal fighting, animal ­hoarding, and animal neglect. A determination of whether or not a given instance constitutes animal cruelty is made on a ­case-by-case basis. This decision may be made by an animal control officer or law enforcement officer at the time of the incident or it may be made later by a prosecutor. It is important for the veterinary professional to familiarize him or herself with local statutes and ordinances. For example, the term ‘animal’ is not universally defined and varies from state to state and city to city. Some statutes and ordinances may exclude certain species.

“The diagnosis of non-accidental injury is not an exact science either in children or in the family dog or cat” (Munro and Thrusfield 2001) and is covered extensively in the following chapters. Several tools are available to assist the veterinarian in evaluating whether or not an animal (particularly a companion animal) has suffered non-­accidental injury (NAI). One of the earliest studies on this topic was a 2001 series by Munro and Thrusfield, “Battered Pet Syndrome.” Care should be taken to recognize cases in which a failure to act has resulted in an animal’s pain and suffering. For example, veterinarians should check with their local animal cruelty investigator or prosecutor to determine if failing to seek timely veterinary care can ­constitute cruelty.