Friday, May 23, 2014

Taub v. State case brief summary

Taub v. State
 
                                (i) Facts = Taub is a doctor who did research on monkeys; simulated                                       strokes in monkeys; investigator infiltrated the lab and found that                                       the monkeys did not have adequate living facilities, food, water,                                             medical care, etc.
                                (ii) According to the Maryland criminal law – torment; the research                                         facility was not included in the statute; the statute was not                                                  applicable because there were other avenues for prosecution –                                        because the facility was receiving federal grants and the federal                                    Animal Welfare Act
                                (iii) What should the Maryland legislature do? – Create a statute that                                       would apply the “torment” statute to research facilities.
                                (iv) It is the intentions of the General Assembly that all animals shall                                       be protected from intentional cruelty, but that no person shall be                                              liable for criminal prosecution for normal human activities to                                         which the infliction of pain to an animal is purely incidental and                                     unavoidable.
                                                1. The torment statute was not going after the research side                                                                     of the treatment of the animals, but the torment statute was                                                      designed to address the conditions that the animals live in.
                                                2. The legislature should create a law that applies the                                                            “torment” statutes classifications addressing the living                                                         conditions of the animals to the research facilities as well.

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