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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