Criminology Crimes Against Animals
by
Kenna Quinet
  • LAST REVIEWED: 17 June 2019
  • LAST MODIFIED: 24 July 2012
  • DOI: 10.1093/obo/9780195396607-0127

Introduction

Why has crime toward animals played a relatively small role in criminology? Why are there no measures of crimes against animals in the Uniform Crime Report? Why is animal abuse rarely a stand-alone dependent variable in criminology? Criminological attention has been paid to one dimension of animal abuse, and much of this work is based on various aspects of a “violence graduation hypothesis” and focused on whether people who abuse animals are more likely to go on to be violent toward humans. This focus, that we should study animal abuse because it might be related to interpersonal violence against humans rather than because violence toward animals is worthy of criminological attention on its own merit, is in itself a speciesist view. There are myriad other important issues overlapping with mainstream criminological inquiry including defining and measuring animal cruelty, animals’ status as property, animals as crime victims, the use of animals in prison-based and other therapeutic programs, and the criminalization of animal advocacy as terrorism. This bibliography includes work in criminal justice and criminology journals on these aspects of animal abuse and also includes animal abuse-related topics and work from other disciplines including the humanities and social sciences, veterinary science, law, philosophy, and animal welfare advocates. Issues of animal rights, abuse, and welfare include law and policy, theoretical paradigms to explain animal abuse, issues concerning the definition of animal abuse, and philosophical discussions of rights and specifically animal rights and speciesism within the context of discussions of other “isms” (e.g., racism, sexism, capitalism). Traditional criminological definitions of abuse are expanded to include discussions of other less traditional notions of abuse including animals in zoos, animals as entertainment, animals used for scientific experimentation, and animals as food. There is debate within the animal cruelty literature: some writings advocate for animal welfare—to limit but not necessarily end animal suffering, while others advocate for a stronger and often more controversial animal rights perspective that calls for full rights for animals and the abolition of meat, hunting, experimentation, and animals as entertainment. Also included in this review are the commonalities with broader issues of green criminology and crimes against animals. The literature cited in this article is intended to reflect many of the primary perspectives and research of the international community over the last thirty-five years, leaning more heavily on more recent studies by leading scholars in the field as they contain summaries of previous work.

General Overviews

Beirne 1999, a seminal paper on the speciesist nature of the field of criminology, notes the void of work on animals within criminology as well as the lack of discussion of the topic in virtually any criminology and criminal justice textbooks. Beirne not only notes the lack of criminological attention to crimes against animals but also makes insightful arguments about why theory and research on animal abuse should be part of criminology. Beirne’s criminological treatise was written almost twenty-five years after the modern-day animal rights movement began with the 1975 publication of Animal Liberation by Peter Singer (see Singer 2002). In addition to the foundational work of Singer, Regan’s The Case for Animal Rights (Regan 1983) and Regan 2001, a collection of Regan’s essays focusing on the key issues surrounding animal rights, helped to shape the current research on animal abuse. Regan 1980 delineates the utilitarian view and rights view for animals, and Regan and Singer 1989 presents the key philosophical and historical foundations of thinking about animals. In addition to the pivotal works of Singer and Regan, which outline the animal protectionism and animal rights perspectives, others, including Sunstein and Nussbaum 2004, an edited volume of reprinted and new essays, reflect the continuum of views toward animals from the welfarist to legal autonomy as reflected in contemporary debates, issues of law and public policy, and theoretical development. Feminist works point to the role of patriarchy in oppressing not only women but also animals. Dunayer 2004, a critique of the current state of the animal rights movement, provides insights into the difference between incremental animal welfare improvements in the quality of life for animals (which are eventually killed for food, clothing, and scientific experimentation or when no longer useful for entertainment) and a total abolition of all exploitation of nonhuman animals. Indicative of the progress made, Engel and Jenni 2010 outlines how to present animal rights and abuse issues to students within the emerging academic field of inquiry known as human–animal studies.

  • Beirne, Piers. 1999. For a nonspeciesist criminology: Animal abuse as an object of study. Criminology 37.1: 117–148.

    DOI: 10.1111/j.1745-9125.1999.tb00481.xSave Citation »Export Citation » Share Citation »

    Groundbreaking arguments for the inclusion of theory and research on animal abuse in criminology as well including animal abuse as a signifier of interpersonal human violence, an object of criminal law, a component of utilitarianism, part of a discussion of rights, and the inclusion of speciesism as one of several oppressions including racism and feminism. An essential read for all. Available online for purchase or by subscription.

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  • Dunayer, Joan. 2004. Speciesism. Derwood, MD: Ryce.

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    A critique of the traditional animal rights perspectives as contributing to the oppression of animals. Dunayer calls for an abolitionist approach and criticizes what she refers to as “old speciesism” that limited rights to only humans but also criticizes the “new speciesism” present in the work of most current animal rights scholars and animal welfare activists, who extend rights for only a few nonhuman species, specifically those most like humans.

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  • Engel, Mylan, Jr., and Kathie Jenni. 2010. The philosophy of animal rights: A brief introduction for students and teachers. New York: Lantern.

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    This book offers a wealth of information for those teaching classes in the field of intellectual inquiry known as human–animal studies. Includes key issues and positions of animal rights as well as course syllabi, bibliographies, a helpful list of animal-related journals and websites, and marketing suggestions for courses. An essential read for those developing courses in animal abuse and animal rights.

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  • Regan, Tom. 1980. Utilitarianism, vegetarianism, and animal rights. Philosophy and Public Affairs 9.4: 305–324.

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    A statement about not only the moral obligation to not eat animals but also a delineation of Regan’s view of rights for animals and Singer’s utilitarian view. Giving rights to animals is illustrated via the analogy of giving rights to human morons/severely enfeebled humans. Available online for purchase or by subscription.

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  • Regan, Tom. 1983. The case for animal rights. Berkeley: Univ. of California Press.

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    One of the earliest major contributions to the modern animal rights movement. A thorough rights-based argument for animals through an extension of the Enlightenment notion of natural rights with discussion of the distinction between moral rights and legal rights; the moral agents who have a duty toward others, including animals; animals as worthy of respectful treatment; and the many ways we do harm to animals.

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  • Regan, Tom. 2001. Defending animal rights. Urbana: Univ. of Illinois Press.

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    An enlightening collection of Regan’s classic essays focusing on the key issues, many of which are philosophical, of the animal rights movement. Discussions of animal rights in the context of other social movements including slavery and gay rights; includes excellent essays on the role of science and religion in perpetuating the immoral treatment of animals.

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  • Regan, Tom, and Peter Singer, eds. 1989. Animal rights and human obligations. 2d ed. Englewood Cliffs, NJ: Prentice-Hall.

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    An essential reader including excerpts from the classic works of Aristotle, Aquinas, Descartes, Bentham, Darwin, and many others documenting the history of thinking about animals. Other essays confront issues of sameness and difference between humans and other animals, the debate about whether animals should have rights, the treatment of farm animals and wildlife, and animals used in science. Originally published in 1976.

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  • Singer, Peter. 2002. Animal liberation. 2d ed. New York: New York Review of Books.

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    The highly influential original contemporary exposition of animal rights from a utilitarian perspective. This seminal work began the modern-day animal rights movement. Originally published in 1975.

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  • Sunstein, Cass R., and Martha C. Nussbaum, eds. 2004. Animal rights: Current debates and new directions. Oxford: Oxford Univ. Press.

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    An excellent collection of current essays (a few of which are reprints) from animal welfarists, anticruelty advocates, utilitarians, and more radical/progressive perspectives suggesting autonomy rights as well as the right to sue on behalf of animals. Also includes essays that argue against animal rights.

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Other Reference Resources

Many of these journals and websites reflect an international span and multidisciplinary approach and include peer-reviewed publications as well as information, training, education, and legal and advocacy resources. The Animals and Society Institute sponsors the publication of two peer-reviewed journals, Society and Animals: Journal of Human-Animal Studies and the Journal of Applied Animal Welfare Science, as well as newsletters and information on animal abuse prevention and intervention. The Society and Animals Forum includes information on training and advocacy for animals. The Institute for Critical Animal Studies has an international presence, an active conference series, and a peer-reviewed journal, the Journal for Critical Animal Studies. This eclectic journal publishes original research as well as course summaries, research notes, media reviews, interviews, and poetry. Anthrozoos is a multidisciplinary, peer-reviewed journal published on behalf of the International Society for Zoology. Green Criminology and Security Studies Journal is an innovative, online, peer-reviewed journal reflecting green criminology issues including animal advocacy, ecological protection, and environmental justice. The Animal Legal Defense Fundis focused on legal advocacy and includes extensive information an animal issues, both legal and general. A special section of the American Sociological Association, Animals and Society promotes sociological inquiry into the relationships between animals and humans.

Theoretical Development and Speciesism

The term “speciesism,” coined in 1970 by Richard Ryder in a leaflet (see Singer 2006), is the idea that “it is justifiable to give preference to beings simply on the grounds that they are members of the species Homo sapiens” (Singer 2006, p. 3). Singer 2006, an edited volume, includes a number of philosophical and theoretical analyses, many from a utilitarian perspective, of broad concepts and debates as well as specific practices of factory farming, vivisection, and animals as entertainment. Noting some key research in criminology as well as the bulk of theoretical contributions from philosophy, psychology, and law, the theoretical progress in the animal rights movement also includes the significant recent theoretical work in feminist theory from Adams and Donovan 1995, Donovan and Adams 1996, and Donovan and Adams 2007. These contributions suggest the need for a feminist care-based theory of animal rights that includes emotion, analysis of the economic and political support for animal abuse, and the need to connect all oppressions including racism, sexism, and speciesism as part of a radical cultural feminist theory. Torres 2007 applies Marxist political economy and social anarchy theory and clearly outlines how labor, property, and capitalism create the power, domination, and hierarchy that support animal exploitation. Haden and Scarpa 2005 applies several psychological theories to the study of childhood cruelty toward animals, and in another primarily psychology-based study of violent and nonviolent offender animal abuse histories, Merz-Perez and Heide 2004 applies aggression, sadism, and sexually polymorphus theory to understand the etiology of animal abuse. Agnew 1998, an innovative integrated theory of animal abuse, includes elements of rational choice theory, routine activities, strain, social control, low self-control, and social learning, but relatively rarely before or since Agnew’s contribution have these ideas actually been applied by criminologists to the study of cruelty toward animals. The field of criminology should rise to the challenge and necessity of including animal abuse as one of our dependent variables.

  • Adams, Carol J., and Josephine Donovan, eds. 1995. Animals and women: Feminist theoretical explorations. Durham, NC: Duke Univ. Press.

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    A useful anthology reflecting a radical cultural feminist view of oppression as encompassing animals as well as human issues. The premise of the essays suggests that all oppressions are interconnected. This anthology urges feminist theory to move beyond traditional feminist approaches to animal rights. Also includes a helpful comprehensive bibliography of feminist work on animal issues.

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  • Agnew, Robert. 1998. The causes of animal abuse: A social-psychological analysis. Theoretical Criminology 2.2: 177–209.

    DOI: 10.1177/1362480698002002003Save Citation »Export Citation » Share Citation »

    The only real attempt to take multiple mainstream criminological theories, including strain, social control, low self-control, rational choice theory, and social learning theory, to develop an integrated criminological theory of animal abuse. Unfortunately, few criminologists have embraced Agnew’s challenge to expand this work to study the individual determinants of animal abuse within a criminological paradigm. Available online for purchase or by subscription.

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  • Donovan, Josephine, and Carol J. Adams, eds. 1996. Beyond animal rights: A feminist caring ethic for the treatment of animals. New York: Continuum.

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    Includes essays suggesting that theory move beyond the concept of “rights” toward the concept of a feminist care-based theory as a more appropriate theoretical framework than animal rights as caring theory does not require rationality and utilitarianism for ethical treatment, assumes unequal relationships between dependents and caregivers, and caring theory values rather than rejects emotions of sympathy, empathy, and love.

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  • Donovan, Josephine, and Carol J. Adams, eds. 2007. The feminist care tradition in animal ethics. New York: Columbia Univ. Press.

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    An insightful edited volume of work reflecting the feminist ethic-of-care tradition in animal ethics and critiquing the traditional animal welfare approaches that lack economic and political analyses of why animals are abused. Outstanding introduction critiques the traditional animal rights position and furthers the cause of animal protection through more than animal welfare activities, most of which only incrementally improve the suffering of animals.

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  • Haden, Sara C., and Angela Scarpa. 2005. Childhood animal cruelty: A review of research, assessment and therapeutic issues. Forensic Examiner 14.2: 23–32.

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    A good review of the ways a number of theories (most outside of mainstream criminology) can and have been used to explain the etiology of childhood cruelty toward animals. Theories of discussion include various dimensions of conduct disorder development, developmental learning theories of antisocial behavior in children, social learning/modeling theories, psychoanalytic conceptualizations, and theories of empathy development.

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  • Merz-Perez, Linda, and Kathleen M. Heide. 2004. Animal cruelty: Pathway to violence against people. Walnut Creek, CA: AltaMira.

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    A review of animal cruelty history and previous research as well as the results of the authors’ own study of violent and nonviolent offenders and their childhood animal abuse histories. Includes three theories of why people abuse animals: displaced aggression theory, sadistic theory, and sexually polymorphous theory.

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  • Singer, Peter, ed. 2006. In defense of animals: The second wave. Malden, MA: Blackwell.

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    A comprehensive collection of essays from international scholars focusing on the philosophical and ethical issues associated with animal rights and welfare and various dimensions of speciesism. This theoretically based collection also includes essays on the specific problems of vivisection, factory farming, and zoos and presents an applied dimension with essays focusing on various animal activist strategies across the globe.

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  • Torres, Bob. 2007. Making a killing: The political economy of animal rights. Oakland, CA: AK Press.

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    A controversial and thoughtful book applying social anarchism and Marxist political economy to analyze how processes and structures of labor, property, and commodification of capitalism create the domination, hierarchy, and power that create animal exploitation. Includes criticisms of the traditional animal rights and animal welfare approaches.

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Animal Abuse and Other Forms of Antisocial Behavior

Unfortunately, most theoretical work is focused on the extent to which animal abuse may be correlated with or be a precedent of violence toward humans, as opposed to the issue of criminal behavior toward animals as worthy of consideration without possible future risk to human animals. Arluke, et al. 1999 finds scant empirical evidence supporting a violence graduation hypothesis, as most research supports a “link” hypothesis between animal abuse and other forms of antisocial and criminal behavior as co-occurring behaviors, the deviance generalization hypothesis. Research does suggest that those who abuse animals are more likely to commit other antisocial acts, but this same research points to the lack of clarity regarding the timing of the onset of animal abuse, as opposed to other antisocial behaviors such as property, drug, and public disorder offenses as well as interpersonal violence (Arluke, et al. 1999). Ascione 2001 notes the problems of defining animal abuse, the lack of crime categories specific to crimes against animals, and the likely underestimation of animal abuse from self-reports and caretaker reports. Ascione 2001 also suggests a series of policy implications including the inclusion of animal abuse offenses in arrest data; official record of cases by veterinarians; increased reporting by humane societies, social service, and law enforcement; incorporation of animal-assisted therapies (and formal evaluation of these programs); and increased training for law enforcement, veterinarians, the legal profession, mental health, and education professionals. Ascione and Shapiro 2009 discusses animal cruelty measurement issues as well as mental health and animal abuse, educational and therapeutic approaches, and legislative change. Beirne 2009 provides historical context for key aspects of animal rights and illustrates the changing nature of concepts of cruelty and neglect across place and time. Dadds, et al. 2004 analyzes age and gender patterns of animal cruelty as well as possible early predictors. Kellert and Felthous 1985 presents one of the pioneering assessments (and instruments) of criminals and noncriminals and their animal abuse histories. Other inmate-based research includes Hensley and Tallichet 2005; questionnaire-based research on inmates’ animal cruelty histories; and Miller and Knutson 1997, which compares the corporal punishment and animal abuse histories of violent and nonviolent felons and university students. Illustrating the role of social and demographic factors that influence methods of animal cruelty, Tallichet, et al. 2005 also finds no support for the graduation hypothesis and outlines the need for discussion of the multiple methods of animal cruelty.

  • Arluke, Arnold, Jack Levin, Carter Luke, and Frank Ascione. 1999. The relationship of animal abuse to violence and other forms of antisocial behavior. Journal of Interpersonal Violence 14.9: 963–975.

    DOI: 10.1177/088626099014009004Save Citation »Export Citation » Share Citation »

    Finds no support for a violence graduation hypothesis but does find support for the deviance generalization hypothesis. An excellent discussion of why the myth of violence graduation persists, including encouraging concern about animal abuse, the search for a single explanation and early predictor of violence, and anecdotal evidence of animal abuse in the childhoods of serial murderers. Available online for purchase or by subscription.

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  • Ascione, Frank, and Kenneth Shapiro. 2009. People and animals, kindness and cruelty: Research directions and policy implications. Journal of Social Issues 65.3: 569–587.

    DOI: 10.1111/j.1540-4560.2009.01614.xSave Citation »Export Citation » Share Citation »

    A discussion of the complexities and challenges of defining and measuring animal abuse, the relationship between animal abuse and mental health, and animal abuse and intimate partner violence. Educational and therapeutic approaches as well as examples of and suggestions for legislative change and suggestions for social policy are included. Available online for purchase or by subscription.

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  • Ascione, Frank R. 2001. Animal abuse and youth violence. Washington, DC: Office of Juvenile Justice and Delinquency Prevention.

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    Reviews existing research regarding the association between animal abuse and violent youthful offending and victimization, and the difficulties in defining animal abuse and, relatedly, the derivation of incidence and prevalence measures of animal cruelty. Also offers a good review of the possible etiological explanations of animal abuse including corporal punishment, physical and sexual abuse, and domestic violence.

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  • Beirne, Piers. 2009. Confronting animal abuse: Law, criminology and human-animal relationships. Lanham, MD: Rowman & Littlefield.

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    Beirne’s compelling book provides a series of chapters and cases dealing with various foundational historical aspects of animals rights and illustrates the changing nature of concepts of cruelty and neglect from Massachusetts Bay in the 1600s, a sociology of bestiality, the harms committed throughout history against racehorses, and the more contemporary debates about the links between animal abuse and human violence.

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  • Dadds, Mark R., Clare Whiting, Paul Bunn, Jennifer A. Fraser, Juliana H. Charlson, and Andrew Pirola-Merlo. 2004. Measurement of cruelty in children: The cruelty to animals inventory. Journal of Abnormal Child Psychology 32.3: 321–334.

    DOI: 10.1023/B:JACP.0000026145.69556.d9Save Citation »Export Citation » Share Citation »

    This study finds that animal cruelty, unlike other crimes, does not decrease with age. Boys engaged in more animal cruelty than girls and the most powerful predictors of cruelty were maternal education, conduct problems, and hyperactivity. Available online for purchase or by subscription.

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  • Hensley, Christopher, and Suzanne E. Tallichet. 2005 Learning to be cruel? Exploring the onset and frequency of animal cruelty. International Journal of Offender Therapy and Comparative Criminology 49.1: 37–47.

    DOI: 10.1177/0306624X04266680Save Citation »Export Citation » Share Citation »

    From inmate questionnaires, authors find that inmates who began harming animals at an early age committed more acts of animal cruelty than those who began abuse at later ages. Inmates who were very young when they witnessed animal cruelty were more likely to commit acts of animal cruelty more frequently, and the authors propose that animal cruelty is a learned behavior. Available online for purchase or by subscription.

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  • Kellert, Stephen R., and Alan R. Felthous. 1985. Childhood cruelty toward animals among criminals and noncriminals. Human Relations 38.12: 1113–1129.

    DOI: 10.1177/001872678503801202Save Citation »Export Citation » Share Citation »

    One of the earliest empirical assessments of criminals and noncriminals with respect to their histories of cruelty toward animals. Developed nine motives of cruelty toward animals; the authors’ survey instrument has been used by many other more recent researchers to assess animal abuse. Available online for purchase or by subscription.

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  • Miller, Karla S., and John F. Knutson. 1997. Reports of severe physical punishment and exposure to animal cruelty by inmates convicted of felonies and by university students. Child Abuse and Neglect 21.1: 59–82.

    DOI: 10.1016/S0145-2134(96)00131-7Save Citation »Export Citation » Share Citation »

    This study assesses the prevalence of physical maltreatment and animal cruelty experiences including committing and witnessing animal abuse among violent and nonviolent felons. No link was found among animal cruelty, maltreatment as a child, and other antisocial behavior. Available online for purchase or by subscription.

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  • Tallichet, Suzanne E., Christopher Hensley, and Stephen D. Singer. 2005. Unraveling the methods of childhood and adolescent cruelty to nonhuman animals. Society and Animals 13.2: 91–107.

    DOI: 10.1163/1568530054300172Save Citation »Export Citation » Share Citation »

    An analysis of the role of demographic and situational factors influencing the methods of animal cruelty. This work presents a much-needed discussion of the multiple methods of animal cruelty including shooting, drowning, hitting, kicking, choking, burning, and sexual acts with animals. No graduation from childhood cruelty toward animals and later violence toward humans was found. Available online for purchase or by subscription.

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Animal Abuse and Domestic Violence

Much of the research on animal abuse and interpersonal violence toward humans has focused on domestic violence. Ascione and Arkow 1999, noting the connections between animal abuse and various forms of domestic violence, calls for cross-reporting of child abuse, animal abuse, and partner violence. Ascione, et al. 2007, noting several problems with previous research on domestic violence and pet abuse, presents original research with a key finding that concern for the welfare of pets delays female domestic violence victims from seeking shelter. DeGue and DiLillo 2009 finds that homes with animal abuse are likely to also contain pet abuse and animal cruelty is linked to cruelty toward humans. Flynn has made many contributions to the study of animal cruelty, and Flynn 2011 reviews the research on the graduation and generalization (co-occurrence) hypotheses of animal abuse and violence toward humans with attention to domestic violence, bullying, juvenile delinquency, violence, and other criminal behavior and offers suggestions for improved conceptual and methodological approaches. Gilbreath 2008 proposes the need for including pets in antistalking laws and offers a solution to the problem of delay in seeking shelter due to concerns for the welfare of pets by proposing that pets be allowed in domestic violence shelters. Hackett and Uprichard 2007, a review of previous research on child maltreatment and animal cruelty, also offers insight into the possible role of social services in attitudes and behaviors toward animals.

  • Ascione, Frank R., and Phil Arkow, eds. 1999. Child abuse, domestic violence, and animal abuse: Linking the circles of compassion for prevention and intervention. West Lafayette, IN: Purdue Univ. Press.

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    Original essays detailing the connections among the child abuse, domestic violence, and animal abuse. Notes that there is still much to be done concerning legal rights for animals and anticruelty statutes. Discusses the need for clear definitions of animal cruelty; the importance of the veterinarian, prosecutorial and law enforcement roles; and commissions for cross-reporting of child abuse, animal abuse, and domestic violence.

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  • Ascione, Frank R., Claudia V. Weber, Teresa M. Thompson, John Heath, Mika Maruyama, and Kentaro Hayashi. 2007. Battered pets and domestic violence: Animal abuse reported by women experiencing intimate violence and by nonabused women. Violence Against Women 13.4: 354–373.

    DOI: 10.1177/1077801207299201Save Citation »Export Citation » Share Citation »

    A thorough review of studies of female domestic violence victims’ reports of abuse of pets; a key finding from these studies was that concern for pets’ welfare delays women from entering a shelter. Discusses limitations of previous work including small sample sizes, lack of detail on the nature and frequency of abuse, and a lack of comparison groups. Available online for purchase or by subscription.

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  • DeGue, Sarah, and David DiLillo. 2009. Is animal cruelty a “red flag” for family violence? Investigating co-occurring violence toward children, partners, and pets. Journal of Interpersonal Violence 24.6: 1036–1056.

    DOI: 10.1177/0886260508319362Save Citation »Export Citation » Share Citation »

    This study confirms the hypothesis that animal cruelty is a red flag for family violence and finds support for the link hypothesis (as opposed to the violence graduation hypothesis). Sixty percent of homes with animal abuse also experienced other forms of co-occurring family violence and those who had either observed or committed acts of animal cruelty themselves were more likely to be involved in family violence. Available online for purchase or by subscription.

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  • Flynn, Clifton P. 2011. Examining the links between animal abuse and human violence. Crime, Law and Social Change 55.5: 453–468.

    DOI: 10.1007/s10611-011-9297-2Save Citation »Export Citation » Share Citation »

    A review and disentangling of the research linking animal abuse and violence toward humans including domestic violence. A call for a clear definition of animal abuse, the need for longitudinal studies, concerns about issues of false positives, and inclusion of participation in hunting and factory farming and their links to other forms of violence against animals and humans. Available online for purchase or by subscription.

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  • Gilbreath, Tara J. 2008. Where’s Fido: Pets are missing in domestic violence shelters and stalking laws. Journal of Animal Law 4.1: 1–18.

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    This article calls for changes in the law and policies at domestic violence shelters to better protect both victims of domestic violence/stalking and their pets. Gilbreath suggests that allowing pets into domestic violence shelters and including pets in antistalking laws will protect both human victims and their pets.

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  • Hackett, Simon, and Emma Uprichard. 2007. Animal abuse and child maltreatment: A review of the literature and findings from a UK study. London: National Society for the Prevention of Cruelty to Children.

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    A thorough review of research focusing on the links between child maltreatment and animal cruelty. Original research comparing the attitudes and behaviors toward animals in UK samples of persons receiving social work services and those not having received social services intervention. Recommendations for policy and assessments include discussions about pets with women and children in domestic violence settings.

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Animals as Property

One of the key themes of the law and public policy aspects of animal abuse is whether animals should continue to be treated as property (Francione 2004). Francione 2004 recommends that animals be treated as persons and be given equivalent legal rights. Favre 2010 suggests a new category for animals as living property to help to expand legal rights for animals. Wise 2000, which promotes full legal rights for some animals, changed the way many view animals as property. Hadley 2005 outlines how debates about property within environmental ethics encompass the interests of nonhuman animals and argues that we should think of animals as owners of property with vital interests in the preservation of the environment.

  • Favre, David. 2010. Living property: A new status for animals within the legal system. Marquette Law Review 93:1021–1071.

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    A lengthy article arguing that the current legal system operates unfairly against animals. Favre proposes a new category, living property, to expand all animal-related public policy issues and the legal rights for some animals.

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  • Francione, Gary L. 2004. Animals—Property or persons? In Animal rights: Current debates and new directions. Edited by Cass R. Sunstein and Martha C. Nussbaum, 108–142. New York: Oxford Univ. Press.

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    Compelling scholarly analysis of property laws that illustrates how even anticruelty statutes protect human interests in animals as property. Animals in the food industry; wildlife and hunted animals; animals in experiments; and animals used in entertainment in television, movies, zoos, circuses, and rodeos suffer incarceration, poor living conditions, extreme danger, and torture and, when no longer useful, are killed. Francione recommends that we stop treating animals as resources and, rather, treat them as persons with equivalent legal rights.

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  • Hadley, John. 2005. Nonhuman animal property: Reconciling environmentalism and animal rights. Journal of Social Philosophy 36.3: 305–315.

    DOI: 10.1111/j.1467-9833.2005.00277.xSave Citation »Export Citation » Share Citation »

    Hadley proposes that nonhuman animals be given property rights as they obviously need natural resources for eating, drinking, and raising their offspring. These property rights could be exercised by capable guardians (humans) and are justified to protect the habitats of nonhuman animals. Available online for purchase or by subscription.

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  • Wise, Steven. 2000. Rattling the cage: Toward legal rights for animals. Cambridge, MA: Perseus.

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    This book is a profound analysis of the history of animals as property and a strong argument for legal rights for animals. Calling what is happening to animals a form of genocide, as a first step, Wise argues that chimpanzees and bonobos should have equality, liberty, and legal rights under common law.

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Anticruelty Statutes, Animals as Crime Victims, Prison-Based Programs, and the Role of Animal Advocacy in Courts

There are myriad of legal issues regarding animals including the creation and implementation of anticruelty statutes, the lack of measures of animal abuse in Uniform Crime Reports as part of official US crime data, the weak laws protecting all animals including farm animals, and the paucity of education and training about animal abuse across the criminal justice system and within academia (although a number of universities are beginning human–animal studies programs). Research included in the review has noted that whether an act of violence toward an animal is treated as a felony or misdemeanor and the punishments assessed, if any, are highly variable and filled with exemptions (Wise 2003). Sauder 2000 argues that anticruelty statutes should be felony statutes, and Ireland Moore 2005 proposes that animals should be protected as crime victims with similar mandatory arrest policies, aggressive prosecutions, and offender registries. Furst 2006 describes the use of prison-based animal programs, past and present. Regarding prison-based animal programs, livestock care/prison farms would not likely be viewed as animal based by most animal advocates as they do not foster empathy toward animals but perpetuate much of the cruelty described in this review. While there has been extensive work on the issues of animals and the law, including entire journals devoted to the topic and entire issues of other journals focusing on critical issues of animals and the law, much of this work has occurred outside of mainstream criminology. Reppy and Welty 2007 features a number of legal and public policy issues including the commodification of farming and cruelty toward farm animals, a call for welfare-based food labeling, a critique of weak farm animal welfare standards and trade policies, and the inadequacies of anticruelty statutes. Tauber 2010 finds little positive influence of animal advocacy representatives in the outcome of court proceedings involving animal cases. Finally, Wise 2003 describes the history of anticruelty statutes as well as the change that has occurred and proposes increased education and training in animal rights for lawyers, judges, and academia.

  • Furst, Gennifer. 2006. Prison-based animal programs: A national survey. Prison Journal 86.4: 407–430.

    DOI: 10.1177/0032885506293242Save Citation »Export Citation » Share Citation »

    A survey of the extent of animal-based correctional programs in US prisons with a discussion of their possible therapeutic effects. Most states have animal-based programs; most are community service-based programs that train dogs and involve male inmates and were initiated after 2000, although programs have existed since the late 1700s. Available online for purchase or by subscription.

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  • Ireland Moore, Andrew N. 2005. Defining animals as crime victims. Journal of Animal Law 1.1: 91–108.

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    An argument for including animals in crime victim legislation supported by a discussion of the history of crime victims’ movement. The author contends that animals should be protected by law with rights more closely aligned with human rights/crime victim’s rights than property rights, including mandatory arrest policies, offender registration, aggressive prosecutions, right to a speedy trail, plea bargaining, and proper representation at trial.

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  • Reppy, William, and Jeff Welty, eds. 2007. Special issue: Animal law and policy: Law and Contemporary Problems 70.1.

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    An entire volume devoted to various aspects of animal law and policy, including Francione’s reflections on his previous important works, Cassuto on the commodification of farming, Sullivan and Wolfson on the cruelty against and the bleak future for farmed animals, Leslie and Sunstein’s argument for welfare-based labeling of food, and Matheny and Leahy on weak US farm-animal welfare standards and trade policies, Welty on (the lack of) humane slaughter laws, and Reppy on the inadequacies of anti-cruelty statutes.

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  • Sauder, Joseph G. 2000. Enacting and enforcing felony animal cruelty laws to prevent violence against humans. Animal Law Review 6:1–21.

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    This article emphasizes the need for felony anticruelty laws to be enacted, reported, strictly enforced, and punished to protect both animal and human victims. The author cites the lack of concern for animals that are not economically valuable as a main reason society does not take animal cruelty issues more seriously.

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  • Tauber, Steven. 2010. The influence of legal advocacy groups in state courts of last resort. Society and Animals 18.1: 58–74.

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    An assessment of the influence, if any, of the activities of animal advocacy groups and the outcome of animal law cases. Tauber finds the participation of animal advocacy organizations does not increase the likelihood of a pro-animal decision and thus may not be the most efficient use of advocacy group resources. Available online for purchase or by subscription.

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  • Wise, Steven M. 2003. The evolution of animal law since 1950. In The state of the animals II: 2003. Edited by Andrew N. Rowan and Debra J. Salem, 99–105. Washington, DC: Humane Society.

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    A useful summary of changes in five dimensions of animal law including anticruelty statutes, obtaining legal standing to litigate on behalf of animals, protections for the great apes, movements toward legal rights for some animals, and the state of legal education. Wise notes the significant need for legal education for lawyers, including judges, and the need for animal rights courses at universities.

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Animal Activism as Terrorism

Also within the law and public policy realm is the issue of the activities of animal rights activists (known as animal rights extremists) and whether these acts should be treated as domestic terrorism (Hadley 2009). Yates 2007 discusses how animal rights issues are evolving from movements reflecting conventional welfarism (e.g., Peter Singer) to countermovements calling for abolition (e.g., Tom Regan) in public online forums and other media. Yates 2011 also describes the extent to which animal advocacy activities in Ireland have been criminalized (or not) as they have been in the United States.

  • Hadley, John. 2009. Animal rights extremism and the terrorism question. Journal of Social Philosophy 40.3: 363–378.

    DOI: 10.1111/j.1467-9833.2009.01457.xSave Citation »Export Citation » Share Citation »

    Hadley asks if the designation of animal rights extremist activities (including vandalism and other property damage) is appropriately criminally defined as domestic terrorism (as is currently the case) particularly because none of the activities have resulted in any deaths and these same activists could be viewed as being morally justified. By defining the acts of animal rights extremists as terrorism, activists face longer sentences and social admonition. Hadley’s conceptual analysis finds of the conditions of terrorism suggests that those who engage in unjustified harms to animals cannot be defined as “innocent” and thus acts against them should not be defined as terrorism. Available online for purchase or by subscription.

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  • Yates, Roger. 2007. Debating “animal rights” online: The movement–countermovement dialectic revisited. In Issues in green criminology: Confronting harms against environments, humanity and other animals. Edited by Piers Beirne and Nigel South, 140–160. Portland, OR: Willan.

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    Yates’s chapter describes the online/media debates that are changing the traditional movements of animal welfarism and gentle usage toward a countermovement of animal rights and abolition. Discussion of competing perspectives of the human–animal relationship as well as the ways information is used to change the theoretical basis of arguments for animal interests and their advocacy in online discourse.

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  • Yates, Roger. 2011. Criminalizing protests about animal abuse: Recent Irish experience in global context. Crime, Law and Social Change 55.5: 469–482.

    DOI: 10.1007/s10611-011-9298-1Save Citation »Export Citation » Share Citation »

    Yates examines the experiences of animal advocates in Ireland as compared to the US experience of having the activities of animal welfare groups defined as “terrorist” by the 2006 Animal Enterprise Terrorism Act. According to Yates, the extreme criminalization of animal welfare activities has not yet occurred in Ireland. Available online for purchase or by subscription.

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Abuse of Animals Used for Scientific Experiments

Much has been written outside of mainstream criminology about the plight of animals used for scientific experimentation. While many would agree that animal cruelty is wrong as it is defined in the animal abuse literature, much more debate takes place over the rights of animals and the justification of suffering and death for purposes of experimentation, including for nonessential products such as cosmetics and cleaning supplies. Reflecting the debates about the moral use of animals, the following selections such as Baird and Rosenbaum 1991 often present both sides of the argument. Regan 2007 makes policy suggestions for the abolition of vivisection when animals are harmed or used for nontherapeutic product testing. LaFrance 2007 presents recommendations for the protection of animals used in laboratory settings including a ban on inflicting pain and doing bodily harm, requirements of environmental impact statements, notice to animal rights and welfare groups when animals are to be used in experiments, animal advocates acting as informed consenters before experimentation is conducted, oversight of the methods of experimenters as well as identity of the experimenters, involvement of state attorneys general to provide protection to animals, and, finally, a challenge to the charitable status of institutions performing such research. Ryder 2002 provides examples of extremely cruel and recent US experiments on cats, dogs, rates, monkeys, and mice and documents legislation that has occurred as well as the significant weaknesses in US laws to protect animals in experiments. Ryder also documents the numbers of animals involved in experimentation in Europe and the United States as well as levels of suffering occurring, and describes some successful political campaigns and pressures on government. Cochrane 2007 argues that animals can possess rights and have the right not to suffer or be killed in experiments but do not necessarily have the right to total abolition or to not be used in experiments (p. 294).

  • Baird, Robert M., and Stuart E. Rosenbaum, eds. 1991. Animal experimentation: The moral issues. Buffalo, NY: Prometheus.

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    This collection of previously published essays presents opposing viewpoints about the various issues surrounding animal welfare debates, specifically animal experimentation. General issues of speciesism and biomedical research issues are debated.

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  • Cochrane, Alasdair. 2007. Animal rights and animal experiments: An interest-based approach. Res Publica 13.3: 293–318.

    DOI: 10.1007/s11158-007-9037-8Save Citation »Export Citation » Share Citation »

    Cochrane concludes that if animals have interests in not suffering and staying alive and being free, then animals have the right not to be experimented on and humans have the duty to not impose suffering on animals.

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  • LaFrance, Arthur Birmingham. 2007. Animal experimentation: Lessons from human experimentation. Animal Law 14.1: 29–52.

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    Documenting the unethical experimentation on humans by governments, hospitals, university researchers, and the pharmaceutical industry, Birmingham suggests that the levels of safeguards for animals are even lower and animals experience pain, suffering, and unnecessary death that are used in scientific experiments. Specific action steps for the protection of animals are suggested.

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  • Regan, Tom. 2007. Vivesection: The case for abolition. In Issues in green criminology: Confronting harms against environments, humanity and other animals. Edited by Piers Beirne and Nigel South, 114–139. Portland, OR: Willan.

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    Another outstanding piece from Regan on why vivisection should be completely abolished in cases of harmful, nontherapeutic (i.e., product testing) experiments. Situated within a rights framework, Regan offers concrete examples of harms done to animals and the inadequacy of federal laws and enforcement, and describes that there are no human health benefits of vivisection that exceed the harms done to animals in the process.

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  • Ryder, Richard. 2002. Speciesism in the laboratory. In In defense of animals: The second wave. Edited by Peter Singer, 87–103. Malden, MA: Blackwell.

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    Outlines factors that contributed to the revival of the anti-vivisection and animal rights movement in the 1970s. Describes the search for alternative humane techniques in experiments on animals and the goal to increase recognition that experiments are being performed for nonnecessary, nonmedical purposes (e.g., cosmetics, cleaning products).

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Animal Abuse, Factory Farming, and Food

The billions of animals consumed for food each year in the United States do not gain a great deal of attention in the criminological animal abuse literature. Mason and Finelli 2006 notes that legal protection for farm animals is needed and there is a significant lack of protection against inhumane slaughter as farmed-animal welfare standards promoted by animal advocates are rejected by the industry. The authors’ work includes a description of the mass production and inhumane conditions of factory farming for chickens, pigs, dairy cows, veal, beef cattle, ducks, and aquatic animals including fish and shrimp (i.e., aquaculture). Cole and Morgan 2011 illustrates the difficulty of finding accurate, much less positive, portrayals of veganism in the media. Foer 2009 weaves facts of the abuses of animals used for food with the author’s own personal narrative of his journey to vegetarianism. Pollan 2006 also recommends vegetarianism and provides a guide for ethical eating and a description of the animal abuses of factory farming. Schlosser 2001, which received mainstream media acclaim, also details the abuses to animals and humans in the production of animals as food. Plank 2007, a historical account of early Quaker attempts to improve the lives of animals used in farming, illustrates the slow pace of progress for animals.

  • Cole, Matthew, and Karen Morgan. 2011. Vegaphobia: Derogatory discourses of veganism and the reproduction of speciesism in UK national newspapers. British Journal of Sociology 62.1: 134–153.

    DOI: 10.1111/j.1468-4446.2010.01348.xSave Citation »Export Citation » Share Citation »

    An analysis of the media coverage of veganism in UK newspapers in 2007. Findings suggest a significant negative, derogatory portrayal of veganism that marginalizes veganism, blocks opportunities to understand veganism, and reproduces speciesism. A recommendation for a more accurate portrayal of veganism to the media is encouraged. Available online for purchase or by subscription.

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  • Foer, Safran F. 2009. Eating animals. New York: Little, Brown.

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    A poignant story of the emotional, folklore, myths, and facts of our history of eating animals. A significant contribution to the literature describing how the abuses to animals begin in our childhoods and family traditions and permeate all aspects of our lives and culture. This philosophical journey includes accounts of the conditions of factory farms and a helpful student-friendly glossary of terms.

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  • Mason, Jim, and Mary Finelli. 2006. Brave new farm? In In defense of animals: The second wave. Edited by Peter Singer, 104–122. Malden, MA: Blackwell.

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    Documents conditions of animal confinement including debeaking, dehorning, tail docking, toe amputation, and castration to minimize cannibalism, fighting, and other stress-related behaviors in the confined animals. Other issues including cloning and genetic engineering to increase production, use of antibiotics, pollution from factory farms, chemical and pharmaceutical use to increase production, mad cow disease, and avian influenza are discussed.

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  • Plank, Geoffrey. 2007. “The flame of life was kindled in all animal and sensitive creatures”: One Quaker colonist’s view of animal life. Church History 76.3: 569–590.

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    A fascinating historical account of the writings of John Woolman, a Quaker reformer, known for his opposition to slavery and exploitative labor relations but also the overwork, neglect, and abuse of animals. This important article documents the 18th-century animal welfare concerns, specifically those animals used in farming, of some Quakers (e.g., Woolman), noting that most Quakers of the era continued to treat animals in exploitative ways.

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  • Pollan, Michael. 2006. The omnivore’s dilemma: A natural history of four meals. New York: Penguin.

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    This book outlines a plan for ethical eating by demonstrating the extreme cruelty of the food industry and the unethical practices of factory farming of animals. An influential account of the history of food including the ethics of eating animals and the promotion of vegetarianism.

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  • Schlosser, Eric. 2001. Fast food nation: The dark side of the all-American meal. New York: Houghton Mifflin.

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    This book explores how the fast-food industry negatively affects animals (as well as economics, land, health, and working conditions). Schlosser describes the conditions of slaughterhouses and meatpacking facilities with a thorough description of the human and animal degradation caused by the fast-food industry.

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Abuse of Animals in Zoos and as Companion Animals

The use and abuse of animals in zoos and as pets/companion animals are presented in a number of recent books and articles, again, outside of the realm of traditional criminology. Bostock 1993 notes that the concept of zoos appears to be in opposition to the concept of animal rights. Although Bostock argues that zoos and animal activists can work together to improve the quality of life of zoo animals, Bostock’s work neglects the animal rights position that welfarism or gentle usage is not necessarily the goal; rather, many activists prefer the total abolition of the practice of removing animals from their natural habitats. Bostock’s book also analyzes the history of zoos as well as the issues of human cruelty toward animals, human domination over animals, and the issues of animal nature in and outside of natural habitats. French 2010 presents a detailed description of the lives and deaths of zoo animals encompassed within arguments of ethics and conservation. Marino, et al. 2010 questions the possible positive effects of zoos and aquariaums (e.g., attitudinal change toward animals, increased concern about conservation) and finds little positive benefit; thus, the confinement of the animals is not an acceptable trade-off. Similarly, Jamieson 2006 finds arguments for zoos including amusement, education, research, knowledge, and species preservation are not justified in comparison to the suffering of zoo animals. Regarding pets and companion animals, Carlisle-Frank and Flanagan 2006, a review of research and original fieldwork, documents the conditions of the lives of the abusers, possible antecedents, and responses to animal abuse. Hallsworth 2011 describes how a ban on pit bull terriers in the United Kingdom was a moral panic based on falsehoods resulting in the deaths of more than one thousand dogs, and Sollund 2011 describes how the exotic animal and pet industries contribute to the abduction, suffering, and death of animals. Sollund 2011 also discusses the history of keeping companion animals and how this supposedly benevolent partnership contributes to the abuse of animals.

  • Bostock, Stephen St. C. 1993. Zoos and animal rights: The ethics of keeping animals. London: Routledge.

    DOI: 10.4324/9780203408810Save Citation »Export Citation » Share Citation »

    Argues that although the concepts of zoos and animal rights appear to be in opposition to one another, this conflict is not necessary and that the two, zoos and animal rights activists, can develop relationships that improve the quality of life for zoo animals and create zoo environments that more closely mirror the animals’ natural habitats.

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  • Carlisle-Frank, Pamela, and Tom Flanagan. 2006. Silent victims: Recognizing and stopping abuse of the family pet. Lanham, MD: Univ. Press of America.

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    A review of the research on animal cruelty with fieldwork-generated anecdotal portrayals of the conditions of the lives of the abusers, possible antecedents, and responses to animal abuse. Defining different forms of animal cruelty and the links between animal cruelty and family violence, this extensive, multidisciplinary review of animal cruelty research also provides information on resources to help the silent victims, animals.

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  • French, Thomas. 2010. Zoo story: Life in the garden of captives. New York: Hyperion.

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    A qualitative, journalistic account of the life and death of animals in a US zoo. Descriptions of how and why wild animals become captives in zoos, the ethical issues surrounding zoo life, and conservation.

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  • Hallsworth, Simon. 2011. Then they came for the dogs! Crime, Law and Social Change 55.5: 391–403.

    DOI: 10.1007/s10611-011-9293-6Save Citation »Export Citation » Share Citation »

    Termed by the author as canine genocide, the Dangerous Dogs Act (1991) allowed pit bull terriers to be seized and killed or, if allowed to live, neutered. How the moral panic against and criminalization of pit bull terriers began, although no deaths of humans were ever attributed to the breed. Although the act was eventually revised, anti-pit bull legislation remains part of UK governmental policy. Available online for purchase or by subscription.

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  • Jamieson, Dale. 2006. Against zoos. In In defense of animals: The second wave. Edited by Peter Singer, 132–143. Malden, MA: Blackwell.

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    Examines the history of keeping animals in captivity for display and entertainment, arguing that there is a moral presumption against depriving animals from gathering food, developing social orders, and behaving in their natural environments. Arguments for zoos including amusement, education, research, knowledge, and species preservation are critiqued; finds any possible gains pale in comparison to the suffering of zoo animals.

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  • Marino, Lori, Scott O. Lillenfeld, Randy Malamud, Nathan Nobris, and Ron Broglio. 2010. Do zoos and aquariums promote attitude change in visitors? A critical evaluation of the American zoo and aquarium study. Society and Animals 18.2: 126–138.

    DOI: 10.1163/156853010X491980Save Citation »Export Citation » Share Citation »

    A innovative empirical study that finds that the displays of captive animals in zoos and aquariums do not promote attitude change, education, or interest in conservation, thus negating the supposed acceptable trade-off of captivity and confinement for the animals. The authors recommend well-constructed, rigorous research before making future assertions about the positive aspects of zoos and aquariums. Available online for purchase or by subscription.

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  • Sollund, Ragnhild. 2011. Expressions of speciesism: The effects of keeping companion animals on animal abuse, animal trafficking and species decline. Crime, Law and Social Change 55.5: 437–451.

    DOI: 10.1007/s10611-011-9296-3Save Citation »Export Citation » Share Citation »

    An analysis of how the market for companion animals such as parrots and big cats contributes to abduction and trafficking in animals for profit and engenders significant animal suffering and death. Also offers an insightful discussion of the rationale to keep companion animals, their role in the family, and the exploitation and abuse that are part of the pet industry. Available online for purchase or by subscription.

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Animal Rights as Part of Green Criminology

A relatively new field of intellectual inquiry, green criminology, includes harms not only to the environment and humans but also to nonhuman animals. As illustrated by Beirne and South 2007, many of the issues associated with environmental and social justice and the green movement include clear connections to issues of animal rights, abuse, and welfare. Even when not directly concerned with animal abuse, green criminology’s concerns with natural and man-made environmental disasters and ecological crimes illustrate negative impacts on animals. Sollund 2011, an introduction to the author’s edited volume, presents the issues of green criminology that overlap with abuses of animals including endangered species, global warming, toxic dumping, deforestation, and pollution, all adversely impacting the environment, humans, and animals.

  • Beirne, Piers, and Nigel South, eds. 2007. Issues in green criminology: Confronting harms against environments, humanity and other animals. Portland, OR: Willan.

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    This collection of essays illustrates the overlap of many green criminology issues of harms against the environment, humans, and nonhuman animals. Topics directly relevant to animal abuse include the intersection of animal rights theory and green criminology, techniques used to label and identify animals, vivisection, the competing online images of proanimal movements and those who profit from abuse, and the role and exploitation of companion animals.

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  • Sollund, Ragnhild A., ed. 2011. Global harms: Ecological crime and speciesism. New York: Nova Science.

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    A series of essays focusing on the ways in which power, property, consumerism, and capitalism create crimes against animals and the environment. Speciesism, environmental harms, and crimes are described via timbering, animal trafficking, use of language, fur and factory farming, animal experimentation, animal “rescue” shelters, and the whole concept of animal welfarism that perpetuate the abuse of animals.

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