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9 Animal L. 97 (2003)
The Historical and Contemporary Prosecution and Punishment of Animals

handle is hein.journals/anim9 and id is 111 raw text is: ARTICLES THE HISTORICAL AND CONTEMPORARY PROSECUTION AND PUNISHMENT OF ANIMALS By Jen Girgen* This article analyzes the role of the animal offender, by examining the animal trials and executions of years past. The writer argues that although the formal prosecution of animals as practiced centuries ago may have en- ded (for the most part), we continue to punish animals for their crimes against human beings. She suggests that we do this primarily to achieve two ends: the restoration of order and the achievement of revenge, and con- cludes with a call for a renewed emphasis on due process for animals threatened with punishment for their offenses. I. INTRODUCTION ......................................... 98 II. HISTORICAL ANIMAL TRIALS AND EXECUTIONS ....... 99 A. The Two Kinds of Animal Trials ....................... 99 1. Ecclesiastical Trials ................................ 100 2. Secular Trials ..................................... 105 B. A Third Kind of Trial? ................................. 114 C. Rationalizing the Existence, Continuation, and End of the Animal Criminal Trials ............................ 115 III. THE PROSECUTION AND PUNISHMENT OF ANIMALS IN MODERN TIMES ..................................... 122 A. Vestiges of the Old Trials: Death Row Dogs (Vicious Dog Proceedings) ...................................... 123 B. Animal Justice Today: Summary Justice ................ 127 C. Keeping Animals in Their Place: Restoring Order (and Achieving Vengeance) .................................. 129 IV. CONCLUSION ........................................... 131 * © Jen Girgen, 2003. Ms. Girgen received her J.D. from the University of Wyoming College of Law in 1996 and her M.S. in Criminology from Florida State University in 2001, and she is currently pursuing her Ph.D. in Criminology at Florida State Univer- sity. The author is very grateful for the generous suggestions and critical comments she received from Professor Bruce Bullington, Bob Edwards, Rhonda Dobbs, and Roy Carr on an earlier draft of this article.

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