These outcomes will determine if police must enforce animal cruelty laws, spouse abuse, child abuse, and orders of protection laws requiring mandatory arrests in NY, and possibly throughout the US.

I-SPEAK believes that animal abuse should be handled by properly trained and run public police agencies as the primary lead agency, with support from humane societies.

http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2007/D14432.pdf

To use your example of someone burglarizing my neighbor’s house, I would report it. I would call “911″, as I think anyone would. Because someone who wants to report a CRIME would call the police.

There is no other crime in America where there is confusion on who to call to report its occurrence. When you witness a crime that involves an animal it is not an either/or proposition. Only call law enforcement.

All law enforcement agencies are “equipped” to investigate crimes against animals because all criminal investigations are the same. You determine if the complaint is bona fide. If so, you secure the scene, interview witnesses, collect evidence, arrest offenders, etc.

What law enforcement may not be equipped for is the handling of said animals. That is the role humane organizations should play. Police enforce violations of the law, shelters care for the animals. It’s really just that simple.

Lastly, there are specific classes of persons who must notify the police in certain situations. Hospital workers must notify the police when someone shows up with a gunshot wound. They also have to call the police for dog bites. There are several groups of people that must notify the police if they suspect child abuse (teachers and social workers for example). Likewise, veterinarians are also required to notify the police if they suspect animal abuse.

However, I am not familiar with any law that would compel an average citizen to report a crime. And as I stated previously, to be charged with a crime there must be an appropriate mental state and an act of furtherance. Otherwise, a crime has not been committed.

Check out Cliff Notes to see what I mean:

http://www.cliffsnotes.com/WileyCDA/CliffsReviewTopic/Legal-Elements-of-a-Crime.topicArticleId-10065,articleId-9928.html

It is good of you disagree. However I was not stating anything outside of what the ASPCA itself states.

With regards to A Civil organization handling a criminal act. The ASPCA is a society for prevention of cruelty to animals. Please note that I stated “Start there”. What is meant by this is that not all local authorities are “equipped” to handle animal abuse complaints. The ASPCA should have more relevant knowledge of who to contact directly in a person’s community in order to lodge a formal complaint.

Please also note this excerpt from the ASPCA.ORG site

Where do I report animal cruelty in New York City?

You can report cruelty or fighting complaints to either the New York City Police Department or to the ASPCA Humane Law Enforcement department, which can be reached at (212) 876-7700, ext. 4450, or humanel@aspca.org.

Where do I report animal cruelty in New Jersey?

Reports of animal cruelty can be directed to the police department with jurisdiction over your city, town or county. The New Jersey SPCA also investigates animal cruelty cases. Call (800) 582-5979 or fill out NJSPCA’s online form.

Where do I report animal cruelty outside of New York City and New Jersey?

The police department that covers your city, town or county is required to investigate criminal complaints, including complaints of animal cruelty and animal fighting. There may also be an animal control agency, society for the prevention of cruelty to animals (SPCA) or humane society that has authority to conduct these investigations.

If you encounter difficulty identifying the correct law enforcement agency with which to file a report of animal cruelty, you may wish to contact your local shelter or animal control agency for help finding this information. To find your local shelter,visit the ASPCA’s searchable shelter database containing contact information for nearly 5,000 community SPCAs, humane societies and animal control organizations.

Notice they have their own NYC ASPCA Law Enforcement Division. I know this is not the case here in my area of Massachusetts. In fact, In the local town I live in we have one animal control officer for a town of 30,000 people. She spends much of her time handling many other aspects of her job. She is also not very “understanding, nor do she represent herself well” when it comes to dealing with people regarding animal abuse.

I think any person who witnesses a criminal act should report such act.

Think outside the realm of animals for a second, if you saw someone rob your neighbors house, would you not report it? After all, the end result is to catch a criminal. By not reporting it, you take no action, and allow for continuance of criminal activity.

You might wish to recheck many state or local statues with regards to the law. I am not a lawyer, so I do not delve that deep into the process. I do know from personal experience people who have been held accountable for crimes in which they witnessed but did not report. I think it is not very common, but might be something similar to obstruction.

So In essence, if you are not sure about the laws regarding your area and non-reporting of criminal activities, check with a lawyer or the police. If you not sure who to report animal abuse to, check with EITHER the ASPCA or Local Law Enforcement Officers.

Also, there is no such duty to report criminal activity. An individual can only be charged as an accessory to a crime if they actually participated in the crime. A crime consists of a mental state (knowingly, willingly, unlawfully, recklessly, etc.) and an act of furtherance. Witnessing a crime and turning the other way is not unlawful. This isn’t the Seinfeld finally.

I do agree with your bottom line, that if someone sees animal abuse they should report it. But to the police.

John Keene
http://www.crueltyisacrime.com