CANINES IN COURT:
The Impact of Canine-Assisted Therapy on Children and Adolescents in the Legal System
What We Will Cover
- What is Canine-Assisted Therapy (CAT)?
- The benefits of CAT
- The science behind CAT
- Children and CAT
- Dogs in the courtroom
Introduction
What is Canine-Assisted Therapy?
Animal Assisted Therapy (AAT)
The Delta Society, now known as Pet Partners, defines AAT as “[a type of therapy that] utilizes the human/animal bond in goal-directed interventions as an integral part of the treatment process.” (Geist, 2011)
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Animal Assisted Therapy (AAT)
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- Focuses on social interaction and positive experience as provided through human-animal interactions (HAI)
- Goal-based
- Uses an animal to meet the needs of the person or people it is working with
- Offers unique style of support for learning, physical health, and emotional well-being
- Benefits participants through positive and friendly interactions with a companion animal
- AAT is a young science and there is a lack of unification in terminology
- There are different types of human-animal interaction (HAI)
- Animal-assisted intervention
- Animal-assisted therapy
- Animal-assisted education
- Animal-assisted activities
- There are different roles which animals can play in human-animal interactions
- Emotional support animals
- Service animals
- Therapy animals
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Types of HAI
- Animal-assisted intervention (AAI): an umbrella term for any goal-oriented program which incorporates animals with the intention of providing therapeutic benefits and to improve health and wellness
- Animal-assisted therapy (AAT): a type of AAI which is used in health and human service programs including occupational, physical, or speech therapy, social work, or mental health programs
- Animal-assisted education (AAE): goal-oriented and structured intervention which takes place in an educational setting with a focus on academic goals and social development
- Animal-assisted activities (AAA): more general interventions with a broader goal of providing motivation or recreational gains for better quality of life
Types of HAI
Emotional Support Animals
- Provides therapeutic assistance associated with a verifiable mental or psychiatric disability
- No specific training or certifications required
- Limited access to public locations
- May be a variety of animals
Emotional Support Animals
Service Animals
- Animals that are individually trained to do work or perform tasks for people with disabilities
- No uniform training required but there are nationally recognized certification programs
- Have broad access to public locations
- Most common species of service animals are canines
Therapy Animals
- Assist many professions, such as counselors, physical therapists, teachers, and social workers
- Animals besides dogs are common, including guinea pigs, horses, rabbits, and cats
- Varying levels of training relative to a typical pet
- Different standards of training depending on the target group
Therapy Animals
Where AAT can be Applied
- Juvenile detention centers
- Jails
- Hospitals
- Nursing homes
- Schools
- Courtrooms
The Limbic System
The Science Behind CAT
- The limbic system is associated with emotion and motivation
- consists of the amygdala, hippocampus, and hypothalamus which play a role in how a person interprets and responds to different stimuli including anxiety and stress
- CAT helps reduce stress response
Hormones and Neurotransmitters
Oxytocin: hormone produced in the hypothalamus which stimulates social interaction, decreases behaviors such as depression and aggressiveness, and reduces stress by decreasing levels of stress hormones in the body
- CAT activates the oxytocin system
Cortisol: a steroid hormone released when a person is stressed
- CAT has been found to lower cortisol
Dopamine: neurotransmitter which plays a role in focus and attention
- CAT increases dopamine levels in the body
Hormones and Neurotransmitters
Physiological Benefits
- Stress reduction
- Lowered heart rate and blood pressure
- Decreased salivary cortisol
- Increased calmness
Physiological Benefits
- CAT helps meet the need for physical touch
- Physical connection between humans can be complicated because of societal norms
- Animals give people a safe way to give and receive physical contact
Psychological Benefits
- Researched effects include benefits for social attention and behavior, social interaction, and mood
- Participants of canine-assisted therapy programs have reported greater relief from fear and anxiety
- CAT enhances trust, reduces aggression, improves frustration tolerance, and promotes learning
How CAT Benefits Children
- Positive nonjudgmental support
- Studies have shown that working with dogs helps give children a way to de-escalate and refocus
- Increased motivation, attention, and engagement
- Empathy development
Stress of the Courtroom
Stress of the Courtroom
- The number of court cases involving children as witnesses has increased over the past few decades
- Children are often victims of crimes and their testimony can be crucial to prosecution
- Testifying can be very difficult for a child due to guilt or shame about what happened and the legal process can be traumatic
- Even a child who wants to testify may be anxious or afraid
- Fear and anxiety can impair ability to testify and if a child is unable to testify then there is a risk that the case will be dropped
Benefit of Support Dogs
Canines as Support
- Working with dogs can make stressful or tense situations easier
- Provides a positive avenue for children to express their emotions in a calm way and in a supportive environment
- Decreased anxiety and physiological stress
- Increased focus
- A dog provides a safe and non-threatening touch
Dogs Used for Support in Court Cases
Court Cases
- Courts across the country use therapy dogs as support for testifying witnesses
- Relatively few states have laws in place which specifically address their use
- Federal and state legislation exists which recognizes the unique position of a child witness and provides protection for their well-being
- Victims of Child Abuse Act: gives alternative methods of obtaining testimony from children who are unable to testify
- Videotaped testimony
- Support person
- Aids such as drawings, stuffed animals, or puppets
- The following cases are instances where the use of therapy dogs in court to support child witnesses was contested by the defendant, and the outcomes of each case
- People v. Chenault [California]: 2 child witnesses testified with the presence of a support dog. Chenault argued in his appeal that the court abused their discretion
- People v Spence [Washington]: Spence was convicted of sexual offenses against a child under the age of 10. On appeal he argued the use of a support dog
- Connecticut v. Devon D. [Connecticut]: daughter of the defendant testified with a support dog after the judge ruled it would allow her to better testify
- People v. Johnson [Michigan]: Johnson appealed convictions of criminal sexual assault of his six-year-old niece. The appeal included contest against the use of a support dog for the witness
- People v. Tohom [New York]: Tohom contested the use of a support dog for a 15 year old victim of predatory sexual assault
Court Cases
Appellate Case Law Cont.
Appelate Case Law Cont.
- Ohio v. George [Ohio]: George argued in his appeal that the court abused its discretion by allowing two child witnesses below the age of 10 to use a support dog
- State v. Jacobs [Ohio]: a 17 year old witness requested the use of a support dog and it was granted by the judge. Jacobs argued its use in his appeal
- State v. Reyes [Tennessee]: Reyes was convicted of the rape of a 10 year old. Before the trial he filed a motion to exclude a support dog from the courtroom
- Lambeth v. Texas [Texas]: Lambeth was convicted of sexual abuse and aggravated assault of a child. On appeal he contested the use of a support dog for the witness
To date, every appellate court decision regarding the use of a support dog for a minor witness, has affirmed the use of a therapy dog as an accommodation.
Concerns Regarding Courthouse Dogs
- The most common concern is that having a dog present may prejudice the jury against the defendant and infringe on their constitutional right to a fair trial
- A study conducted by McQuiston et al. in 2016 found that presence of a dog had no statistically significant effect on jury perception of the defendant
- Courts require a showing of necessity for the dog
- Jury is usually informed as to the use of the dog and instructed to ignore it
- The animal may be a distraction
- Animal can be positioned to reduce view
- Dogs must be trained and registered therapy dogs
Laws and Statutes
- There is no national standard for the requirements of therapy dogs to be used in court
- Many states or local courts have established statutes concerning their use during trials and court proceedings
- States with laws regarding use of therapy dogs for minor witnesses:
- Arizona
- Arkansas
- California
- Florida
- Hawaii
- Idaho
- Illinois
- Louisiana
- Mississippi
- Oklahoma
Laws and Statutes
Common Factors of Laws Surrounding Therapy Dogs in Court
Therapy Dog Laws
- Certification from an assistance or therapy dog program
- Some states have a minimum amount of training required e.g. 2 years (Arkansas)
- A trained handler must accompany the dog
- Showing of necessity of the therapy dog by the party requesting it
- Instruction of the jury and minimizing visual presence of the dog in the courtroom
Courthouse Dogs Act
- Republican Senator John Cornyn (Texas)
- Proposed to the senate, has passed and been introduced to the House where it is currently waiting on a vote
- Would allow federal courts to use licensed or certified therapy dogs during court proceedings
- Stipulates the dog must be accompanied by a trained handler
- Gives federal courts the ability to impose additional restrictions as necessary to preserve the fairness of the trial
Courthouse Dogs Act
Future Directions
- The benefits of canine-assisted therapy are well documented
- There are few research studies on the use of therapy dogs in the courtroom
- Most cases are anecdotal
- General perception by the court towards support dogs is a positive one
- More studies are necessary to document benefits
- Support dogs may begin to be categorized in the eyes of the legal system as people
- Laws will need to be created to ensure mutual benefit for all parties involved
IN BRIEF
In Brief
- Canine assisted therapy has been shown to have physical, physiological, social, and emotional benefits
- The use of therapy animals in court provides support for children who feel fear or anxiety about testifying
- A support animal gives a child the support they need in the courtroom
- There are statutes and laws surrounding use of therapy dogs in court but they are minimal
- There is no unified legislation although many courts have a framework in place
- People recognize the benefits of therapy dogs and their use is becoming more widespread
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