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Animal Law Update

New Animal Cruelty Prosecution Unit Created in Florida

By Nicole Pallotta, Academic Outreach Manager

In the latest instance of a growing trend, the Orange-Osceola state attorney in central Florida created a dedicated animal cruelty unit last month. The specialized unit consists of 13 attorneys who volunteered to take on the extra caseload and develop expertise in the applicable laws and special challenges involved in prosecuting animal cruelty cases (e.g. animal victims cannot testify).

Similar units have begun to appear in other jurisdictions around the nation. For example, in 2015 the Fresno County district attorney established a new Animal Cruelty Unit to pursue crimes against animals in hopes of stemming later crimes against humans.

That same year, Virginia established the nation’s first attorney general’s Animal Law Unit dedicated to issues involving animal welfare, animal fighting or abuse. Earlier in 2016, the Queens County district attorney created an Animal Cruelty Investigations Unit, led by veteran prosecutor Nicoletta J. Caferri, the first of its kind in New York City.

In creating the Orange-Osceola unit, the state attorney cited the connection between animal abuse and other violent crime. Increasing recognition of this connection has also helped usher in stronger cruelty laws around the nation; as of 2014 with the addition of South Dakota, all states have enacted a felony provision for animal cruelty.

However, even when strong animal cruelty laws are on the books, lack of enforcement is a perennial issue amid high caseloads, limited resources, the aforementioned lack of expertise and a perception that crimes against animals are not a high priority. The creation of special prosecution units devoted only to these types of cases is a significant step forward for animal law.

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Florida

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