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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