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n2doc

(47,953 posts)
Sun Aug 24, 2014, 11:56 AM Aug 2014

Landmark Ruling: Animals Can Legally Be Considered Victims, Just Like Humans


The Oregon Supreme Court this month passed a landmark ruling that will change the way animals are treated under the law in the state for the better. The ruling will ensure that any animal can be seen as a legal “victim” in a case, affording animals more basic rights to protect them from abuse.

The ruling was made on the case of a man who was convicted of starving 20 horses and goats on his property. The judge’s decision allotted a separate count of second-degree animal neglect for each animal, noting that each animal was a separate victim on his own.

The distinction might sound obvious — but it wasn’t legally accepted at the time that Arnold Nix, the defendant, was first convicted in 2009. During his case, Nix argued that the law defines animals as the property of their owners, so the word “victim” shouldn’t apply to them. As of this month’s hearing, the word “victim” does apply.

“To acknowledge that animals are victims of crime, that’s really common sense to us,” said Lora Dunn, staff attorney for the Animal Legal Defense Fund in Portland. And the ruling could lead to longer prison sentences for those convicted of animal abuse in the state.

more

https://www.thedodo.com/landmark-ruling-animals-can-le-685596943.html
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Landmark Ruling: Animals Can Legally Be Considered Victims, Just Like Humans (Original Post) n2doc Aug 2014 OP
Would be interesting to see what the court COLGATE4 Aug 2014 #1
So, in Oregon, are legally hunted and harvested Elk going to be murder victims? JJChambers Aug 2014 #2
I suspect people who aren't looking for reasons to roll their eyes Erich Bloodaxe BSN Aug 2014 #3
Don't be so obtuse. dballance Aug 2014 #4
If corporation can, why not animals? Helen Borg Aug 2014 #5
"If corporation can, why not animals?" greiner3 Aug 2014 #19
So, Spider Woman can be objectified? pintobean Aug 2014 #6
Maybe just the "spider" part. hifiguy Aug 2014 #14
Makes sense as long as properly worded to pipoman Aug 2014 #7
Good. Animals have more in common with people than corporations Jack Rabbit Aug 2014 #8
Good step in the right direction. I'm sure some meat eaters will object to this but the point of gtar100 Aug 2014 #9
I doubt it will help peoples dogs much Garion_55 Aug 2014 #10
In Oregon LWolf Aug 2014 #15
I hope this sets a new precident procon Aug 2014 #11
Now if only humans can be considered victims. We have corporations and animals now. EEO Aug 2014 #12
Mark Twain said it best--- packman Aug 2014 #13
I think this is great! C Moon Aug 2014 #16
It's about time. I've seen too much in rural areas of the Cleita Aug 2014 #17
Hurray!!! narnian60 Aug 2014 #18
About time MissDeeds Aug 2014 #20
About time. may this realization spread quickly. n/t BlancheSplanchnik Aug 2014 #21
That is a wonderful law arikara Aug 2014 #22
 

JJChambers

(1,115 posts)
2. So, in Oregon, are legally hunted and harvested Elk going to be murder victims?
Sun Aug 24, 2014, 12:02 PM
Aug 2014

Better call Homicide

Erich Bloodaxe BSN

(14,733 posts)
3. I suspect people who aren't looking for reasons to roll their eyes
Sun Aug 24, 2014, 12:17 PM
Aug 2014

will simply apply the law more narrowly, and simply in the same way it was applied here, to single them out as 'individuals' for the purposes of laws that already apply to them. You'll still be able to eat a rack of ribs in Oregon.

 

dballance

(5,756 posts)
4. Don't be so obtuse.
Sun Aug 24, 2014, 12:20 PM
Aug 2014

I think one can infer the ruling applies to domesticated animals like the horses and goats mentioned in the OP. Or, dogs and cats.

From reading the opinion, the word "victim" in this case is applied as to its meaning under the Oregon animal abuse and neglect statutes. Those statutes apply to domesticated animals and pets. Not to wild animals that are commonly hunted. Stop making silly statements in order to make fun of Oregon. My home.

Here is a link to the opinion: http://www.publications.ojd.state.or.us/docs/S060875.pdf

 

pipoman

(16,038 posts)
7. Makes sense as long as properly worded to
Sun Aug 24, 2014, 12:54 PM
Aug 2014

Apply only to intentionally mistreating animals. Humane treatment in life and death for domestic animals. Property rights should still apply in regard to life or death of the animals.

Jack Rabbit

(45,984 posts)
8. Good. Animals have more in common with people than corporations
Sun Aug 24, 2014, 01:07 PM
Aug 2014

As I type, Swashbuckler is cleaning himself on top of the tall bookcase beside me. Senator Warren would recognize that Swashbuckler has a heart, unlike British Petroleum or JPMorganChase.

gtar100

(4,192 posts)
9. Good step in the right direction. I'm sure some meat eaters will object to this but the point of
Sun Aug 24, 2014, 01:08 PM
Aug 2014

protecting animals in this way is to stop abuse. Obviously too many people are incapable of controlling themselves and this in itself won't stop them from mistreating animals, but why on earth would anyone deem animals suffering for reasons of neglect and malice as something we should accept as okay? It's sociopathic. It needs to stop and we need to stop pretending that the pain and suffering animals feel isn't real or not important. We share this planet with them; must we go on making it a living hell for so many of them?

Garion_55

(1,915 posts)
10. I doubt it will help peoples dogs much
Sun Aug 24, 2014, 01:13 PM
Aug 2014

cops will still blow them away almost every day and get away with it

LWolf

(46,179 posts)
15. In Oregon
Sun Aug 24, 2014, 01:38 PM
Aug 2014

when a cop shoots a dog, injuring, but not killing, the public shows up in person to protest. The same outrage is shown for the police dog shot by a suspect.

procon

(15,805 posts)
11. I hope this sets a new precident
Sun Aug 24, 2014, 01:15 PM
Aug 2014

to give animals legal protections as the sentient beings they are and not just pieces of property like a sofa or table.

 

packman

(16,296 posts)
13. Mark Twain said it best---
Sun Aug 24, 2014, 01:22 PM
Aug 2014

"If man could be crossed with the cat it would improve man, but it would deteriorate the cat.
- Notebook, 1894"

When I asked my cat about his views on being a victim, he replied by licking his ass and then throwing up on my wife's hand-stitched quilt.

Cleita

(75,480 posts)
17. It's about time. I've seen too much in rural areas of the
Sun Aug 24, 2014, 02:22 PM
Aug 2014

abuse of farm animals either from neglect or out and out cruelty in the past.

arikara

(5,562 posts)
22. That is a wonderful law
Mon Aug 25, 2014, 12:26 AM
Aug 2014

now, does Oregon have factory farms? There are plenty of victims in those institutions.

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