The purpose of this manual is to provide Vermont's humane officers and law enforcement officers with sufficient information to successfully investigate animal cruelty complaints.
Enforcement authority for Title 13, Vermont's criminal animal cruelty statute, is given to "humane officers," who are defined in Section 351(4) as "any law enforcement officer as defined in 23 V.S.A. § 4(11)*, auxiliary state police officers, deputy game wardens, humane society officer, employee or agent, local board of health officer or agent, or any officer authorized to serve criminal process."
*23 VSA 4(11) defines enforcement officers to include "sheriffs, deputy sheriffs, constables, police officers, state’s attorneys, motor vehicle inspectors, state game wardens and state police..."
Most investigations begin locally, with a private or municipal agency receiving a complaint from a concerned citizen. The degree to which other agencies are involved in the process depends on the complexity and severity of the case, as well as the local resources available to investigate it. In most cases, complaints can be rectified through education and voluntary compliance.
Many humane officers, as defined in the statute, do not have powers of arrest. In addition, not every non-profit humane society has the funds or manpower necessary to investigate animal cruelty complaints. Thus, animal cruelty cases are often best handled using a collaborative approach among private animal shelters, municipal officials, law enforcement agencies, veterinarians and State’s Attorneys (SA). See also Chapter 6, Developing a Cruelty Response System.
With regard to prosecution, in many jurisdictions (given the high volume of criminal cases), animal neglect and abuse cases rank lower on the totem pole; in some cases, they will not be considered serious enough to be pursued by the SA's office. Thus, the objective of an investigation is to make a case as solid as possible so that its chances of being dealt with are enhanced. Even if the SA’s office decides only to plea bargain, the better the case, the better the plea bargain the prosecutors can strike to help the animals involved.
The best way to enhance your chances of successfully investigating animal cruelty and building a solid case is to be prepared beforehand. Thus, before an animal cruelty complaint comes to your attention, review this manual – familiarize yourself with the elements and processes that are important to a successful cruelty investigation. In addition, familiarize yourself with the people in other agencies who can help you with an investigation: your State’s Attorney, private and municipal animal shelters, local veterinarians, local law enforcement agencies, state police officers and Sheriffs.
We sincerely hope that you find this information helpful in your work to prevent and respond to animal cruelty.
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