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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

Definition of Terms

  • 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

3

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

Roles of Animals in 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

Benefits of CAT

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

Canines in Court

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

Appellate Case Law

  • 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

Works Cited

Works Cited

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  • Anderson v. City of Blue Ash, 798 F.3d 338 (6th Cir. 2015). https://www.animallaw.info/case/anderson-v-city-blue-ash
  • Appellate Case Law. (n.d.). Retrieved from https://courthousedogs.org/legal/appellate-case-law/
  • Ark. Code Ann. § 16-43-1002, 2015.
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