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March 26, 2016

Wouldn't (severe? creative?) alternatives to incarceration be the best response to animal cruelty convictions?

Peace_love_stop_animal_abuse_postcard-r136275981620429394a9c237e5c49925_vgbaq_8byvr_324The question in the title of this post is prompted by this local story of a high-profile sentencing of a high-profile defendant convicted of multiple misdemeanor counts of animal cruelty. The piece is headlined "Former Raven Terrence Cody sentenced to nine months in Baltimore County animal cruelty case," and here are the details:

Baltimore County judge sentenced former Ravens player Terrence Cody on Thursday to nine months in jail in an animal cruelty case that drew interest across the country. Cody, 27, was convicted in November of multiple misdemeanors in connection with the death of his dog, Taz, last year, as well as two misdemeanor drug charges.  Prosecutors said Taz starved to death.

Cody faced the possibility of more than two years of incarceration. More than 5,000 people signed an online petition urging Judge Judith C. Ensor to impose the maximum sentence. Ensor said that she did not discount the petition but that she had to make an independent decision based on the case.  "My responsibility is to listen and to make the best decision I can," she said at the sentencing hearing.

Defense attorney Joe Murtha acknowledged that Cody neglected Taz but said that Cody loved the animal and didn't intend for it to die. He said that Cody was emotionally incapable of caring for the dog and that he suffers from depression.  "His level of depression is so significant that he's become just isolated," said Murtha, who added that his communication with his client has been limited because of Cody's depression.

Prosecutor Adam Lippe discounted the idea that Cody was depressed. He argued for the maximum amount of jail time — 905 days.  "I'm sure every defendant awaiting sentencing is depressed," Lippe said.

Lippe said during the trial that the dog starved to death at Cody's former home in Reisterstown over a period of at least a month. Cody testified at the trial that he believed Taz was suffering from worms.

Cody spent $8,000 to buy and import Taz, a Canary mastiff, from Spain. He took the animal to a Reisterstown animal hospital a few hours before it died. The dog, which once weighed at least 100 pounds, was down to less than 50 pounds at that point. Cody — whose nickname at the University of Alabama was Mount Cody — was drafted by the Ravens as a defensive lineman in 2010. The team released him when he was indicted last year.

After the trial last year, Cody was acquitted of two felony counts of aggravated animal cruelty. Ensor, who presided over the bench trial, said Thursday she was convinced that Cody did not torture Taz intentionally. "I remain firm" in that belief, she said.

The judge also sentenced Cody to probation before judgment for illegally possessing an alligator and for possessing drug paraphernalia. Police found a gas-mask bong and a 6-foot-long green glass bong in the home. She imposed suspended sentences for several counts, including a marijuana charge. She also sentenced Cody to 18 months of supervised probation and said he must undergo mental health treatment. During the probation period, he is not allowed to own or possess an animal. Cody will serve the sentence at the Baltimore County Detention Center in Towson.

Cody's girlfriend, Kourtney J. Kelley, 28, was also convicted in the animal cruelty case. She was sentenced last month to 60 days and has since been paroled. She was found guilty of five counts in connection with neglecting Taz. Cody, wearing a black hoodie and jeans, briefly addressed the court, saying he accepted responsibility. He also said he believed Kelley should not have been punished in the case....

Lippe said he was satisfied with the sentence. He said Cody had other dogs that were "fat and happy," but for some reason he treated Taz differently. "I can't explain to you why he decided to kill this animal," Lippe said. "It makes no sense at all."

I am huge aminal lover within a family which has always cared greatly about pets both usual (e.g., my dog and cat are hanging with me as I type this) and unusual (e.g., I have a bunch of parrot, angel fish and hermit crab stories).  Consequently, I fully understand how emotional so many folks get about animal cruelty and why there is often strong support for imposing the harshest possible sentences on those persons who get convicted of animal cruelty crimes.  

Nevertheless, as the question in the title of this post suggests and to parrot the words of the local prosecutor in this case, it really makes so sense at all to me to view lengthy terms of incarceration as the most efficacious response to these sorts of crimes.  Specifically, to focus on this case, did prosecutor Adam Lippe really think the citizens of Baltimore would be better off if former NFL player Terrence Cody served nearly 3 years in a local jail (at significant taxpayer expense) rather than, say, spending the next few years trying to get back into the NFL to make large sums of money that could be donated to animal protection societies or working publicly on helping animals as a part of community service program? 

I fully understand the potential incapacitative benefits of incarceration for dangerous people with a history of seriously risky or harmful behaviors.  But unless there is strong reason to believe Terrence Cody is a real danger to others, I think the the citizens and animals of Baltimore could and would be much better served through severe and creative alternatives to incarceration in a case like this.  But, problematically in the US and as part of our transformation into "incarceration nation," it seems that nearly all prosecutors and most members of the general public embrace the notion that the only way to be tough is through extended (and costly) periods of incarceration.

March 26, 2016 at 11:53 AM | Permalink

Comments

Well, whatever the prosecutor (and people) wanted, the article says that he received nine months & that is with misdemeanor drug charges included. The online petition is noted and there is a strong contingent that pushes for strong punishments here but overall animal abuse does not result in such punishments. I think this suggests that AS A WHOLE, there really isn't a demand for it. The prosecutor can say what he wants, but whatever the crime (especially if he's elected), they tend to push for the most they can get.

I do think sensible punishments should be applied here, including to advance animal welfare. Such as: "sentenced Cody to 18 months of supervised probation and said he must undergo mental health treatment. During the probation period, he is not allowed to own or possess an animal." I agree three years in prison would be misguided.

Posted by: Joe | Mar 26, 2016 4:27:39 PM

"as the question in the title of this post suggests and to parrot the words of the local prosecutor"

No pun intended, I assume. Otherwise that would make you a copy cat, and no one wants that kind of doggerel on this blog.

Posted by: Daniel | Mar 26, 2016 11:16:53 PM

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