| My research examines how prosecutors exercise discretion to create socially relevant definitions of felony offenses of animal cruelty. I examine the social and legal history of society's efforts to regulate cruel acts toward animals. To this end, I trace the legislative history of animal cruelty law, set against the social context of the time. Next, I use document analysis to examine 155 cases of animal cruelty, participant observation in an Arizona county attorney's office, and in-depth interviews of 22 county attorneys to identify which factors shape prosecutorial decision-making.;Prosecutors take into account varying combinations of legal, extralegal, and organizational factors in deciding which cases to charge, plea bargain, or try. Most salient of those factors are those that address the "human" element in animal cruelty cases, not the animal at all. Individual characteristics of the defendant, the correlative link between animal cruelty and subsequent violence towards humans, and other human actors within the system, like the judge and jury, are consistently the focus for pre-adjudication decisions. Overall, I conclude that a larger social and moral tradition exists in society, which underscores how prosecutors mete out justice for animals. |
