Abstract
“Abuse an animal - Go to jail!” (p. 2) appears a clear-cut credo of the animal protection movement, yet Justin Marceau urges the reader to look beyond the cage and explore the implications of the animal protection movement's fervent appetite for criminal punishment. In Beyond Cages: Animal Law and Criminal Punishment, Marceau beckons the reader into an uncomfortable state of realisation that the same movement sincerely rooted in harm reduction also embraces draconian criminal justice reforms. Marceau's work offers a profound critique of the carceral strategies advocated for by the animal protection movement in pursuit of bettering the status and lives of animals in the American context.
The tough-on-crime mentality adopted by the movement campaigns for the incarceration of animal abusers, consequently drifting further from kindred social justice movements. Beyond Cages is not a call for the abandonment of the justice system nor a plea for sweeping decriminalisation. Rather, Marceau's objective is to encourage the use of resources and research to minimise the suffering of animals without exercising prosecution (p. 277). For Marceau, disentangling the animal protection movement from carceral favouritism signifies a shift towards solutions that embody resistance to social oppression as a whole.
Marceau crafts Beyond Cages through a bold analysis of the animal protection movement's punitive priority, fashioning the work into a thoughtful and readable evaluation. Marceau insightfully draws upon a voluminous knowledge of criminal law, civil rights, and animal protection. He amasses an extensive collection of evidence referenced in footnotes exhibiting both his resources and supplemental information. The array of data varying from the historical origins of the movement's carceral strategy to accounts of infamous cases of exposed animal abuse validate Marceau's logic. Beyond Cages commences by setting the scene, establishing the motivations of the animal protection movement's carceral impulse, then progresses to sketching a portrait of mass criminalisation. Marceau next tackles the complexity of the animal law system, then moves to the critiques and fallout of the punitive approach being racial discrimination, increased incarceration, and overdependence on link theory. Finally, Marceau forecasts the primary critiques of Beyond Cages.
Marceau seeks to understand the animal protection movement's pro-criminal punishment philosophy, locating a theoretical basis of deterrence at the heart of the movement's workings. In a realm lacking alternative opportunities, the animal protection movement confronted the domineering legal and social norms that obstructed the recognition of the rights and the legal status of animals (p. 17). The early successes of criminal prosecutions saw the animal protection movement seize the power of a narrative that advocates for a carceral approach to respond to people convicted of animal abuse crimes. This narrative resulted in the movement gaining a mainstream presence within American society (pp. 18–19). Getting tough on non-institutionalised animal abuse meant echoing standard tough-on-crime policy positions characterised by a commitment to severe punishment, including expanding punitive anti-cruelty laws, lengthy prison sentences, and zealous enforcement of criminal law (pp. 56–58).
The essential tenets of deterrence theory are woven into the animal protection movement's carceral campaign which posit that the combination of certainty and celerity of punishment is an effective method for deterring criminal acts (p. 242). The theoretical premise of deterrence is two-fold. First, the deterrent principle warrants the belief that enhancing the severity of punishment and parading highly publicised prosecutions warns the potential abuser that animal cruelty is intolerable (pp. 123–124). Second, through prosecution of animal cruelty offences, a collective condemnation of violence, neglect, and torment of animals will permeate the public and official conscience, elevating the legal status of animals as sentient, equal beings (p. 88).
A fascinating element of Marceau's investigation of the animal protection movement's push for criminal punishment is the evaluation of “link” theory. Marceau contends that link theory – the supposed association between human and animal violence – could be the greatest explanation for the movement's advocation of a pro-carceral strategy (p. 193). Link theory claims through “mathematical certainty” (p. 193) that “violence begets violence” (p. 193). Therefore, cruelty to animals is predictive of violence against humans (p. 193). Building on the discussion of link theory, Bierne (2004) provides a thoughtful commentary on the “mathematical certainty” that supposedly informs link theory. He notes that claims made about the link between animal abuse and interhuman violence in popular discourse tend to be over-simplistic and lack a strong evidential basis. Nonetheless, the link hypothesis has gained popularity through vigorous campaigning by the animal protection movement.
The link hypothesis reflects fundamental features of deterrence theory, asserting that harsh punishment can protect humans and cure both animal abuse and human violence (p. 239), a likely “win-win” for both species (pp. 193–195). Finding footing in deterrence theory, the mutuality of “link-think” (p. 232) illustrates that the efforts of broadening criminalisation and enforcement publicly demonstrate the necessity of punishment (p. 10) and that animal abuse does not pay. Thanks to the link theory's scientific façade, the animal protection movement can effectively lobby prosecutors to seek criminal convictions and justify additional felony laws (p. 228). Marceau's inclusion of link theory demonstrates the vast application of deterrence-based ideology within the animal protection movement's penal focus. While Marceau readily accepts the gravity of the movement's plight and recognises that the deterrent nature of fighting animal abuse head-on appears to be an earnest endeavour, Marceau skilfully shepherds the reader through a dismantling of the justifications underpinning the movement's carceral strategy.
Marceau details the repercussions of a deterrence model from the issue of race and concerns of mass criminalisation to the over-reliance on link theory. He regards the complexities of social phenomena as a defining origin of animal abuse, however, the rigidity of the movement's fixation on a tough-on-crime narrative disregards an academic consensus that prisons are criminogenic (pp. 8–9). The theoretical basis of deterrence thus crumbles in light of an increasing body of evidence demonstrating that harsh criminal punishments are unlikely to have a substantial impact (pp. 237–238). With the efficacy of deterrence theory in doubt, the animal protection movement's alliance with the carceral state spills over into the sphere of racial injustice.
Marceau's consideration of the dynamics of race allows the reader to grasp the vast and considerably worrying consequences. “Race influences nearly every aspect of incarceration” (p. 154), thus in advocating for severe punishments, the claim of race neutrality places the animal protection movement at odds with affiliate civil justice movements (p. 269). The movement's willingness to overlook the intersectionality of race and criminal justice further isolates communities of colour from the movement's purview (p. 10). To garner a richer understanding of how race and the animal protection movement intersect, Feliz-Brueck (2017) offers an assortment of pertinent reflections on expanding the inclusivity of the current animal protection movement. Incarceration and tough-on-crime policies threaten to embed the socioeconomic and classist forces which are partly to blame for animal cruelty (p. 39), Marceau affirms “more punishment, more jails, more cages is not more justice” (p. 269).
Marceau's work is a first-of-its-kind, exhaustive effort to hold the animal protection movement accountable for a long-held campaign for iron-fisted punishment (p. 8). Beyond cages can enrich the discourse surrounding existing criminal law and animal rights literature by cementing the critical status of anti-cruelty measures whilst simultaneously extending the animal protection movement a guiding hand to loosen the grip on a pro-criminal punishment philosophy (p. 283). Opportunities for social work interventions and innovative methods of treatment for the prevention of animal abuse (pp. 245–246) are identified as areas for future research, however - Marceau provides scant detail of the structure or operation of these opportunities. Thus, he leaves readers with the task of evaluating the viability of these solutions. But are readers prepared to take this initiative? Or will they simply consign the prevention of animal abuse to the “too hard basket”?
For Beyond Cages’ bypassing of disciplinary alternatives, Marceau makes up for appreciating the gruelling space that the animal protection movement is attempting to challenge. Marceau's scrutiny of the movement's advocacy for over-criminalisation is developed with the recognition of the historically inadequate set of legal avenues to protect animals (p. 11). Incarceration may be a “necessary evil” (p. 253) – a reluctant acceptance of the prosecuting state's role by a movement forged in a world “hostile to recognizing animals as deserving of meaningful consideration or protection” (p. 9). Marceau's acknowledgement of the mammoth obstacles faced by the animal protection movement accords Beyond Cages as an important contribution to animal protection efforts and those intrigued by the logics of both animal law and criminal law.
The animal protection movement plays an invaluable role in American society as the voice of animal rights. At the heart of the animal protection movement's ethos is the pure-intentioned aspiration to diminish the agony endured by animals, yet this ethos has evolved into a campaign fixated on severe criminal punishment. Marceau's work carefully dissects the deterrent hypothesis located in the carceral strategies pursued by the movement, laying bare the repercussions of punitive sanctions. As Marceau moves beyond the cage, the reader too is inspired to consider alternative forms of justice for animal cruelty beyond the very carceral framework that animals and humans alike are confined within.
