1.6.18 Mental State
Mental state refers to an element of every animal cruelty offense: the state of mind of the perpetrator of the cruelty. Wording can vary slightly between states, but generally the mental state the prosecution is required to prove falls into one of these four areas [16].
1.6.18.1 Criminal Negligence
The perpetrator should have been aware of a risk and a reasonable person in their situation would have been aware of the risk.
1.6.18.2 Recklessly
The perpetrator disregards substantial and unjustifiable risk that a particular result will occur and engages in conduct that causes that result. This disregard for the risk deviates from that of an average law‐abiding citizen.
1.6.18.3 Knowingly
The perpetrator consciously engages in conduct knowing that a particular result is likely if not certain.
1.6.18.4 Purposefully or Intentionally
The perpetrator has the conscious objective to engage in the conduct and cause the result of the conduct.
1.6.19 Motion
A document filed in a case requesting the court/judge to take a particular action.
1.6.20 No Contest
A plea that does not admit guilt but does not challenge the charges.
1.6.21 Plea Bargain/Agreement
An agreement the defendant makes to negotiated charges and sentencing provisions, and results in a conviction [17].
1.6.22 Pretrial Hearing
A court proceeding that takes place prior to a trial to assess trial readiness, or to address and sometimes narrow, the issues in a case [18].
1.6.23 Possession Ban
A sentencing provision that prevents a defendant from possessing animals, a certain species of animal, or a particular animal for a period of time.2
1.6.24 Probation
A sentence that a defendant can receive that involves certain stipulations a defendant must meet after being released postconviction. Probation can be included with incarceration as part of a sentence, or in lieu of incarceration.
1.6.24.1 Bench Probation
Bench probation means the defendant will not have to check in with a probation officer but would have to appear before the trial judge if they are found to be in violation of one of the stipulations.
1.6.24.2 Supervised Probation
Supervised probation means the defendant will have to routinely check in with a probation officer to confirm they are adhering to their stipulations.
1.6.25 Release Order
An order by the court allowing a defendant to be released into the community pending trial, with restrictions that must be adhered to by the defendant.
1.6.26 Restitution
A monetary amount determined to redress a crime victim's injuries or losses that a defendant can be ordered to pay as part of sentencing.
1.6.27 Sentencing
The phase of the criminal justice process that determines how the defendant will be held accountable if they are convicted of a crime(s). This can include but is not limited to jail time, probation, fines, restitution, and mandatory counseling.
1.6.28 Stipulate
When two lawyers (generally adverse parties) agree to something relevant to their case. For example, to agree that a piece of evidence (lab results, photograph, video, etc.) can be admitted without authentication by a witness [19].
1.6.29 Testimony
Statements made by an individual under oath.
1.6.30 Trial
“A formal judicial examination of evidence and determination of legal claims in an adversary proceeding” [20]. In a criminal trial the defendant has the right to choose between a bench trial and a jury trial.
1.6.30.1 Bench Trial
A trial that takes place without a jury and the judge determines both questions of fact and law.
1.6.30.2 Jury Trial
A trial where a jury is convened to determine questions of fact that equate to elements of the charged offenses.
1.6.31 Victim
A being who has been injured through the commission of a crime.
1.6.32 Voir Dire
The process of selecting a jury for a trial. A judge and all attorneys representing a party in the case are permitted to ask questions of jury members and are permitted to eliminate a specified number of jurors.
1.7 Looking Ahead
Armed with this foundation of vocabulary relevant to animal cruelty case work, the next building block to a strong investigation is an understanding across disciplines of what basic care animals need in order to maintain their health and well‐being.
References
1 1 Arizona – “[M]ammal, bird, reptile or amphibian.” Arizona Revised Statutes Annotated, title 13, chapter 29, s 13‐2910(H) (1) 2019 (AZ).
2 2 Oklahoma – “[A]ny mammal, bird, fish, reptile or invertebrate, including wild and domesticated species, other than a human being.” Oklahoma Statutes Annotated, title 21, Pt VII, chapter 67, s 1680.1 1991 (OK).
3 3 Delaware – “‘Animal’ does not include
