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.