|
Poll: Should owners of dogs that kill people be prosecuted for murder?
Poll: Should owners of dogs that kill people be prosecuted for murder?
Some states do have laws in which a person owning a dog that kills a person can be prosecuted for murder. Which means that the dog owner would be subject to murder sentencing depending upon what degree of murder they are convicted of. What do you think? Feel free to bring up the many possible issues included in what you think about this. |
For a murder charge one must prove intent, I don't think that it is possible
for anyone to know the intent of a dog. If someone let loose a dog that was bread to kill, with the human intent of killing, then yes the person should be prosecuted for murder. |
I voted other because if the dog owner has done all things possable to prevent his dog from harming others and the dog kills someone he at least should have his say in court.Owners who are negligent in keeping any dog where he can harm someone should have the book thrown at them for not being responsable unless they they deliberatly used the dog to kill its like useing any wepon to murder,hold hostage or any other thing he can use the dog for that intimadates another person.I often wonder why anyone would need a dog that visous in the first place,to many ppl in to small a place as we are becomeing way to crouded near anywher we live.
|
As Corkey states, murder speaks to the killer's state of mind and intent, neither of which can be known of the dog.
However, it's not the dog being prosecuted. The dog is, in effect, the "weapon." And just as a gun owner has a responsibility toward proper handling of his firearm, so does a dog owner of their dog. I believe owners of dogs that kill should be prosecuted with whatever laws are relevant to the circumstances. Unless it can be proved the dog owner intentionally used their dog to kill, I would think they should be charged with voluntary manslaughter. Any dog has the potential to bite, but the natural drive, tenacity and structure of some dogs makes them potentially more dangerous than others, and carry with them a greater level of responsibility, on par with a gun owner's culpability for accidental discharge of their firearm. At the very least, increased owner accountability under the law might result in more responsible dog ownership and handling. |
I voted manslaughter.
Except for in cases when there was intent to kill using the dog as a weapon, then murder 1 should be the charge. |
great thread topic ALH! I'll be back to post after I think about it a bit.
|
I don't think you can hold all dog owns responsible for murder. Perhaps involuntary or voluntary manslaughter. Thirty two states have a dangerous dog law, for the most part the laws are mandated by each city unless there is a state law. In 2007 there were 33 dog bite related deaths.
There are about 800,000 dog bites each year and 1 in 6 of those require ER treatment. It's the 5th leading cause for ER visits. That said, it does sound like there are a large number of irresponsible dog owners. In North Carolina for example it is illegal to knowingly sell a dog trained to bite, except for police dogs but that is another story, typically they are taught to bite and hold. Have I ever sold a biting dog? Certainly. People were beating my doors down for them in the 80's-07, but I only trained dogs for people with a need for a protection dog. A well trained dog is way unlikely to bite unprovoked let alone kill a human, though I know it happens. I use to tell my kids if one of our dogs bite you, you will have a spanking when we get home from the hospital, because I knew they would have to be provoked. Ya can't really say oh my dog doesn't bite. They have 42 teeth and a brain of their own. If a person has shown they are a responsible owner then no they shouldn't face murder charges. If someone is provoking a dog, no they shouldn't face murder charges. If a person has a known biting dog and didn't keep it in a responsible fashion, then yes manslaughter. If my neighbors 3 dogs get out and kill a person and they don't have a history of viciousness, yes manslaughter. I'm going to knock on wood here, in the past I have had over 60 guard dogs in a kennel and never remember any escaping and getting lose. I've had dogs all of my adult life at my home and have never had any get out of their pens unless I let them out. Hope it never happens. So for me it is a mixed opinion and mainly a question of circumstance. |
Great discussion! Getting a lot from other people's thinking about this. i knew there would be lots of ways to look at this. Thanks.
|
About the SF dog mauling killing and second degree murder conviction (upheld) a few years back. Thye woman killed was Diane Whipple and she was mauled beyond recognition. The owner was found guilty of second degree murder.
http://articles.sfgate.com/2005-05-0...der-conviction "The appeals court said the evidence showed Knoller had known that the 140- pound Presa Canario that killed Whipple was "a frightening and dangerous animal: huge, untrained and bred to fight." Does anyone know if negligent homicide is used as a charge in any state? I am a dog lover and owner and take great pains to socialize my pooches as well as observe leash laws and frankly, I have put down a dog in the past due to aggressive behavior (bit 3 people, one a pregnant woman. Dog was co-owned with a partner and I wanted to put him down after the second bite). Not easy, but, the writing was on the wall to me about him not being safe (100 lb German Shepherd). We did it at our vet's office and both were with him. I take care of my dogs and take the time for training and well, I interact with them (now, only have one) as family, really. But, I will not keep or bring to a shelter (so that it becomes someone else's problem and remains a threat) an aggressive dog that could pose a danger to people. Unfortunately, some dogs are. I don't agree with breed stereotypes that surround certain breeds like Pit bulls as I know some that are great dogs and have very responsible owners. There was just another child mauled and killed here this past week and yesterday another little girl was mauled (she is in stable condition). both incidents were by Pit Bulls. I have certainly heard about maulings about other breeds. When I see people do dumb things with dogs that can lead to a dog being aggressive, or just not being a responsible dog owner, it makes me mad. Dogs deserve to be nurtured and interacted with... loved and cared for. I guess I look at this in terms of a dog owner being negligent. So, even though the Whipple case was horrifying and frankly, the dog's owners were a number one assholes and knew the lethality of the dog, I don't know that murder is the correct charge. But, I sure think that criminal charges with some severity in sentencing should be in play. what people are saying about intent makes sense to me. although, in CA intent is only part of the first degree murder charge. The controversy that we in Northern CA during the Whipple case is going to go full tilt again and the Whipple case set precedent for a murder conviction. Although, the dog that killed the child this past week belonged to the step-father of the child. That might have bearing. I have no patience at all with people that do not neuter and spay their dogs. Yes, breeders obviously need in-tact dogs. Although, reputable and responsible breeders I know do not let their dogs run all over anyway. These are usually show quality dogs and breeders do not want them to even get in fights at dog parks for fear of scaring, etc. I really don’t care for back-yard breeding. We have enough dogs that are neglected or in shelters. I so wish that when people decide to get a dog they researched breeds and mixes to determine which ones fit their lifestyle. Also, realize it is a big commitment. I couldn’t live without a pooch, but they are just part of my life. And some people should not have dogs at all. |
That is a great post above me ALH! When I was working with dogs I never sold working stock for family pets. Also as a responsible breeder, if people brought their children with them to pick out a dog or puppy if their children weren't well behaved I figured their adult dog wouldn't be either and the price of dogs just went up, or that litter is all sold or those are to young or something.
Once a guy called me out on it and I point blank told him. You have brought 5 kids with you out here and you don't have very good control over them, I can't in good faith sell you a dog that will grow to be 100 pounds or more and you have 5 kids under 12 that are this undisciplined. Yep he was pissed and left in a huff. |
It breaks my heart that people train dogs to fight and fight them.
My dogs (and cats) are always very sweet and well behaved. I think in TN negligent homicide is negligent manslaughter. Man 2 or 3. I have been bitten by a chow and a teacup poodle. The poodle bit me in the face with no provocation. The chow just lunged at me for no reason too. I blame the parents. :( |
Quote:
I agree with others on here. If the owner ordered the dog to attack, then they should be charged with murder. If the owner knew the dog was dangerous, but did not intend the dog to attack, then I'd go with involuntary manslaughter. |
I have only been bitten once and it was by a greman shepard guarding her pups newly born,I had no idea they were in the barn,she belonged to a friend of mine and had all her shots.She could have easly took a big hold of my leg and done some real damage but only gave me a warning and riped a new air of levis,a little later that day she came out of the stall sat at my knee then appologised as much as a dog could..she even sniffed my knee to see if I was hurt ,infact thats the one and only time she ever bit anyone.
One other thing I have found disterbing is something I saw at the vets one day..a couple brought in two pit bull pups about eight weeks old,they were as playfull as any pups....then they brought in momma who cleard the room,she was muzzled choke collard and all she also lookd like she had a fue fights in her day from the scars on her.These ppl lived in an appartment complex with many ppl around,I know pit bulls are bred to guard and are used to fight (wich im totaly against any dog fighting)..I wondered if those pups were heaed for the ring or would be nice dogs to be around as they grew up.I know many large dogs get a bum rap about being mean and biteing ppl but it shure makes me wary around any large dog cause of this.I know small dogs can be just as bad. |
Quote:
Amen on little dogs acting bad...people think it's cute. |
In the case of Marjorie Knoller, I have no issue with her being convicted of murder.
Quote:
|
Apocoliptic..Yeah sad about the pups cause I know if they are well cared for by responsable owners they would be ok.Hear dog fighting is outlawed but still is going on in deep dark corners,recently the city has put in a law about pit bulls and chows in residential areas being proberly contained and handled by the owner but im not hearing much about inforcememt.
Ya know I once beleaved that all animals were born with a clean slate and were taught to be mean...I have changed my mind greatly over the years.I know there is such a thing as inherited insanity in varing degrees as well as agressiveness.When I got fully involved in horse breeding I saw this many times in new born foals and thrue out the lives of many it was the same so these horses were hard to handle...those were the ones that had appointmenats with the vet to get gelded asap wich often helped some grew out of it most didnt..then I got into raiseing dogs...oh holy godess the inbreeding I found was out of this world.One dog had a litter of 8 pups one of them I swear was born growling and snarling,momma was ok the other pups were ok..but this one was as nasty minded as any thing I ever saw,as a pup after he got old enough to be able to boss the other pups around he did with a vengence..I weand him early,had him nutered ,did all i could to change his state of mind...nothing worked so finaly at four months old I had him put down.No I didnt like doin this but I felt it was a safty call cause all I could see was trouble becomeing worse as he got older.Crazy thing was I got offered so much money for him it was unreal by ppl who thought it was cute.. |
An aside...
How many of you are protective of your dog in terms of other people? Although my little guy has never displayed any behavior that he would bite, I am really cautious about things like kids petting him. I always get down next to him and hold his head for the kid to pet him. Also, he wiggles a lot, but I don't want him to jump on anyone (even if he is only 24 pounds) or do a dog smooch and have a kid move and a tooth (he's a bulldog- they stick out) land anywhere the wrong way.
I just don't want any problems. I know some of this is related to not wanting some dumb accidental thing to send a parent into a freak-out, even if they said it was OK for their kid to pet him. LOL, actually, I trust my dog more than people I don't know in terms of this! Looks like criminal charges are being brought against the owner of one of the dogs here involved in the recent 2 dog maulings. I don't have all the facts yet.. will post when I do. One child was killed and another mauled in the face. Horrible. |
My jack russel poodle mix is very protective of me,when ppl come hear she dosent know she barks at them a lot untill she gets use to them..then she is just fine but it takes a couple of time meeting them for her to get over this.Rowdy has never even thought of hurting anyone but I am very carefull with ppl she dosent know.Beleave me when I say NO she shuts it down or quits..I also I keep her close to me as well when ppl come over she dosent know..I also tell them how she will be when they come over.My pug Diva just loves everyone and wants to play or get scratched on her back.
|
And now a discussion on the other side of the coin!
Comment away!!!! http://www.wbaltv.com/r/24513015/detail.html Probe Continues After Dog Fatally Shot At Park Federal Officer Accused Of Fatally Shooting, Killing Siberian Husky POSTED: 2:09 pm EDT August 4, 2010 UPDATED: 9:33 am EDT August 5, 2010 Anne Arundel County's executive has asked for a "thorough and complete investigation" after police said an off-duty federal officer shot and killed a Siberian husky at a dog park. The federal officer, whose name hasn't been released, told Anne Arundel County investigators that he and his wife were at the park with a leashed German shepherd on Monday at 6:30 p.m. at the Quail Run Community Dog Park in Severn. At some point, the unleashed husky named Bear-Bear came over to the German shepherd to play. "They were roughhousing, wrestling, (doing) what dogs usually do," said Ryan Kurinij, a family member related to Bear-Bear. The officer told Anne Arundel County police that he tried to get Bear-Bear off of his dog and that the husky tried to bite him. According to a statement from Anne Arundel County police, "The off-duty officer stated that he feared for the safety of himself, his wife and their dog and subsequently shot the husky with a handgun he had in his possession." Rachel Rettaliata Bear-Bear's owner, Rachel Rettaliata, sent photos to WBAL-TV. | View More Photos "I was shocked because he took out his weapon, took two steps back and fired," Kurinij said. The dog was taken to Anne Arundel Veterinary Emergency Clinic in Annapolis, where he died. "I find it so hard to believe that this man really felt his life was in danger when he had so many other avenues to break up what was just a dog tussle," said Rachel Rettaliata, Bear-Bear's owner. "You've just taken away something that we can never get back," said Ryan Rettaliata, Bear-Bear's owner. Neighbors who know Bear-Bear said the dog was not mean or aggressive, and they are upset about the shooting. "Honestly, I just think it was a guy with a gun who thought he had the power, and he just did a really stupid thing. Stupid," said Tarnna Hernandez, a neighbor. Late Wednesday afternoon, Anne Arundel County Executive John Leopold and the county's police chief said the investigation continues. "I want this case investigated thoroughly to find out all the facts of this case to determine exactly what happened, and if charges are warranted, and if they are warranted, we're going to prosecute to the full extent of the law," Leopold said. Leopold added, "I have great concern regarding the shooting incident (Monday) night at the Quail Run dog park. It is concerning whenever a firearm is discharged at a public facility, let alone a facility that close to homes and children playing. All aspects of this incident merit a thorough and complete investigation. ALSO ON WBALTV.com "We have wonderful resources for dog owners in Anne Arundel County. I want to ensure our citizens that these facilities are a safe and enjoyable place to let your dog exercise." Police said the man who shot the dog is a Department of Defense employee. No charges were immediately filed. Anne Arundel County police declined to identify the federal officer on Wednesday. Maryann Hodges, a spokeswoman for Fort Myer in Arlington, Va., released a statement, saying, "Anne Arundel County police is handling the investigation. The individual (involved) has been cleared of all charges through Anne Arundel County. He was off-duty on annual leave. He will report to work tomorrow (Thursday)." |
| All times are GMT -6. The time now is 02:36 PM. |
ButchFemmePlanet.com
All information copyright of BFP 2018