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Tuesday, December 17, 2013

Lamparello & Boyd on Sentencing Guidelines in Animal Cruelty Cases

Adam Lamparello and Megan E. Boyd (Indiana Tech Law School and Mercer University - Walter F. George School of Law) have posted A Dog in the Fight — U.S. v. Hargrove and Why Americans Should Care About Sentencing Guidelines in Animal Cruelty Cases (Rutgers Law Record, Vol. 40, 2013) on SSRN. Here is the abstract:

The Fourth Circuit's decision in U.S. v. Hargrove was correct as a matter of law and policy. However, Hargrove is not simply about whether the parties or the district court calculated the advisory Guideline sentence range correctly, or whether Hargrove's sentence was substantively reasonable. Instead, Hargrove presents an opportunity to start a policy discussion about imposing harsher penalties when animals are intentionally tortured and mercilessly killed due to the deliberate and premeditated acts of individuals who show an utmost indifference to life. Sentencing policies should be proportionate to the horrific nature of these crimes, not only as a matter of law, but as one of values, ethics, and morals

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