Why I’m Against Humane Law Enforcement

In response to an email I received I explain why I am against the concept of Humane Law Enforcement.  To begin with, there are well over one million sworn law enforcement officers across the country.  Those beat officers are on the street 24/7/365.  Those officers can be dispatched immediately to investigate allegations of criminal activity via 911.  If the criminal activity happens to be a crime against an animal, those officers have the authority to seize animals on the spot and immediately end their suffering.  None of these things can be said for civilian humane investigators.
Since I was a Chicago Police Officer I will focus on the laws in that state of Illinois.  The Humane Care for Animals Act defines the role of humane investigator and gives them the “authority” to investigate any violation of the Act.  However, the Act does not give the humane investigator the authority to immediately seize and animal.  Furthermore, the Act cannot give the humane investigator the authority to arrest anyone.  Nor can a humane investigator obtain a search warrant.  The most the humane investigator can do is either gain voluntary compliance from the offender or petition the Department of Agriculture for an order to remove the animal after the animal continues to suffer for an additional 48-hours.

If the Department of Agriculture does issue such an order, keep in mind; it is only a civil order.  The offender can still decide to ignore it.  What does the humane investigator do with said order if the animal in question is now confined inside a home?  What does the humane investigator do when the offender becomes violent over an attempt to take his animal?  Which is a likely occurrence due to a known link between animal abuse and violence toward humans.

Additionally, when a humane investigator shows up to investigate animal abuse it sends the message to the offender that what he is doing actually isn’t a crime.  If it were, why wouldn’t the police be there?  I have experienced this phenomenon several times myself.  I have arrested people for animal abuse who were previously investigated by the Anti-Cruelty Society.  I’ve had someone tell me they didn’t heed the ACS warning because he didn’t think it was serious.  Another time I seized two litters of pitbull puppies and several adult dogs after an Anti-Cruelty Society investigator left a warning, and when I arrested the owner he advised that had I not seized his dogs when I did that he would have simply moved the animals to another location.  My partners actually had to fight with one offender who had been visited at least three times by ACS prior to his arrest.  He too didn’t understand why he was being arrested when “the Anti-Cruelty Society didn’t do anything”.

But law enforcement doesn’t place a high priority on these kinds of calls.  It is my experience that when CPD did respond there was very rarely any type of enforcement action taken, even when a complaint was bona fide.  I liken the police approach to animal abuse today to how drunk driving was treated 30-years ago.  Back then, if nobody was injured by a DUI no arrest was made.  It was routine to blow off DUI arrest.  Fortunately, thanks to the efforts of MADD and others, DUI arrests are an every day occurrence.  MADD didn’t create Mother’s Law Enforcement.  They made law enforcement understand that drunk drivers had a negative impact on society.

Or you can compare law enforcement’s approach to animal abuse to how they treated domestic violence in the past.  There was a time when domestics were seen as “a family problem” even though it was actually a crime.  More often than not, an offender was told to take a walk around the block rather than get arrested.  Today there is too much liability in such an approach.  The Chicago Police Department’s policy on how to handle domestics is covered in one of the longest general orders in effect.  No police officer today would think about blowing off a domestic call because domestic violence groups made police departments understand that making domestic violence arrests were in fact interrupting the cycle of violence.  They didn’t accomplish this by conducting their own investigations.

Women’s shelters do not investigate crimes against women.  Animal shelters should not investigate crimes against animals.  Shelters (women’s or animal) should play a supporting role to law enforcement.  They should provide transportation, shelter, treatment, and advocacy in court.  But when humane organizations conduct their own investigations (often justifying the need due to the lack of a proper police response) they are absolving the police from their statutory responsibility to address crime and disorder.  It becomes a never-ending circle.

What I would like to see is an end to all civilian investigations (animal control officers, humane investigators, Department of Ag, etc) so that the onus for responding to these crimes rests solely with the police.  The police may not like this, but you know what, as a police officer I didn’t have the luxury of deciding what calls I went to and what ones I didn’t.  I didn’t particularly like picking up shoplifters and wasting time processing them knowing that nobody from the store would show up to prosecute, resulting in the case being dismissed.  But that was part of my job.

Animal abuse should no longer be looked at as an “animal issue”.  Animal abuse has a negative impact on society.  There is plenty of documentation linking animal abuse and violence toward humans.  Most, if not all, serial killers have a history of abusing animals.  A study of three years worth of animal abuse arrests by the Chicago Police Department showed that 70% of those arrested had criminal histories that included crimes against persons. So it should be obvious why law enforcement would want to arrest animal abusers.  And if we could get the police to basically do their job, the number of animals that would benefit would be exponential.

6 Responses to “Why I’m Against Humane Law Enforcement”

  1. Rosemary Says:

    Surely it depends a bit on the proportion of calls which translate into actual criminal investigations, though?

    Typically cruelty complaints to the RSPCA only translate into prosecutions in a small percentage of cases (although most prosecutions are successful). The vast majority of cruelty complaints are solved by providing advice/help/stern talking to (including practical help such as spay/neuter vouchers, rehoming excess animals, help with veterinary treatment costs etc.)

    The disadvantage of having the ordinary police as the first responders to cruelty complaints is that they may be a bit nomplussed about how to handle things which do need action of some sort, but aren’t criminal.

    Our statistics for 2006 illustrate what I mean. A million phone calls would be a significant extra load on a police control centre.

    Phone calls received: 1,169,229
    Cruelty complaints investigated: 122,454
    - convictions: 1,647
    - defendants: 898

  2. JohnKeene Says:

    Rosemary,

    First, there are too many differences between your country’s approach to law enforcement and ours (the fact that you have a national police force for one). But if you want to talk about numbers, the last time I had access to the calls received in the City of Chicago I estimated there were approximately 8,600 call a year alleging some sort of animal abuse. That is a combination of calls received by Animal Care and Control, and based off of published materials from the Anti-Cruelty Society stating they receive 200-300 call a month. 8,600 calls divided by 365 days equals less than 25 calls a day. The Chicago Police Department has the city broken up into 25 Districts. Assuming that most of the calls are concentrated in the districts with higher crime rates that would create an additional workload of 2-3 calls a day.

    However, requiring the police to absorb these additional call would mean that every complaint was investigated. Whereas, according to your stats barely 10% of your calls are investigated. BTW, 10% is also about the percentage of calls to which the ASPCA in New York is able to respond.

    I agree that a vast majority of cruelty complaints don’t rise to the level of criminal behavior. In those cases, a referral to a humane organization would be all the police officer would need to do, which would not take much time. But by having the police be the first responder it would allow for immediate action where the complaints turn out to be bona fide.

    Doing it the other way around only prolongs the suffering of the animal, gives the offender a “heads-up” and the opportunity to remove or hide the animal, and is just plain in-effective.

  3. Rosemary Says:

    Point taken. I guess the crucial thing is how stretched the police actually are, and whether they could dependably be expected to come out to absolutely all complaints. We wouldn’t necessarily expect guaranteed quick police presence for anything other than potential injury to a human.

  4. Donovan Says:

    Re: JohnKeene Says: January 19th, 2009 at 12:39 am

    “I agree that a vast majority of cruelty complaints don’t rise to the level of criminal behavior. In those cases, a referral to a humane organization would be all the police officer would need to do, which would not take much time.”

    Mr. Keene, in a situation where a LEO responded to a call in which there wasn’t criminal activity, what would be the purpose of making a referral to a humane organization?

    Donovan

  5. john s. Says:

    What a great story ,after dealing with issues of kids tormenting my dogs on my property last year nice to hear from a concerned officer .Trying to explain that tormenting my dogs could lead to liability issues for me at which i would suffer 100% ,my local police said nothing they can do as long as i have beware of dog signs .As i did my research and found out tormenting and teasing someones dog{companion animal}is actually a feloney on second offense ,unfortunately not everyone considers these issues important code of conduct .Try explaining proper animal care to uncaring people.love and protect your animals and they ‘ll do the same.j.s.
    l

  6. Michael Alexander Says:

    Say, that was one of the best articles I have read in a long time. I agree wholeheartedly and having been saying the same things for quite awhile now. It was good to read you.

    Cheers

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