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Monster pets: should you be convicted of murder if your dog kills someone? A jury in California said yes, and sent a woman to prison. Was this the right decision? (USA).


Diane Whipple Diane Alexis Whipple (January 21, 1968 – January 26, 2001) was a lacrosse player and coach, who is best known as the victim of a fatal dog attack in San Francisco in January 2001.  had just returned from the grocery store. As she took out the keys to her apartment, two enormous dogs attacked her, crushing her larynx larynx (lâr`ĭngks), organ of voice in mammals. Commonly known as the voice box, the larynx is a tubular chamber about 2 in. (5 cm) high, consisting of walls of cartilage bound by ligaments and membranes, and moved by muscles.  and causing her to bleed to death.

The dogs belonged to a neighbor, Marjorie Knoller Marjorie Knoller (born c. 1946) is an attorney who was initially convicted of 2nd degree murder and manslaughter after her two Presa Canario dogs mauled her neighbor, Diane Whipple, to death in their San Francisco, California apartment building on January 26, 2001. , who tried but failed to restrain the dogs. A California jury found Knoller guilty of second degree murder. She now faces 15 years to life in prison. She and her husband, Robert Noel Robert John Baptist Noel MA, MPhil (b. 15 October 1962) is an officer of arms at the College of Arms in London.

Robert Noel is the son of Hon. Gerard Eyre Wriothesley Noel, of Westington Mill, Chipping Campden, and grandson of the fourth Earl of Gainsborough.
, were also found guilty of involuntary manslaughter The act of unlawfully killing another human being unintentionally.

Most unintentional killings are not murder but involuntary manslaughter. The absence of the element of intent is the key distinguishing factor between voluntary and involuntary manslaughter.
.

Such convictions are rare in the U.S. In fact, never before has a California resident been convicted of murder for a death that his or her pet caused. But the jury's decision raises a key question: Are owners responsible if their pets go bad?

Some people say that sending Knoller to prison is unfair. She tried to pull the dogs off Whipple, injuring herself in the process. And the dogs were properly leashed. Knoller's defenders say that she did not intend to harm her neighbor, and should not have been found guilty of murder.

But others argue that the sentence is justified because Knoller and her husband knew that their dogs were dangerous. More than 30 local residents testified that they or their pets had been chased, bitten, or knocked over by the dogs.

Injuries and Deaths

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Centers for Disease Control, violent dogs frequently cause harm. In the US. each year

* Dog-bite injuries account for $250 million in medical costs;

* More than 330,000 people end up in the emergency room with dog bites;

* And more than a dozen people are killed in dog attacks.

According to one study, 45 percent of all children in the U.S. are bitten by a dog before grade 12.

In addition to causing bodily harm The medical idea of (grievous) bodily harm is more specific than legal ideas of assault or violence in general, and distinct from property damage.

It refers to lasting harm done to the body, human or otherwise, although in its legal sense it is exclusively defined as lasting
, dangerous dogs terrorize ter·ror·ize  
tr.v. ter·ror·ized, ter·ror·iz·ing, ter·ror·iz·es
1. To fill or overpower with terror; terrify.

2. To coerce by intimidation or fear. See Synonyms at frighten.
 people and give millions of loving dogs a bad rap.

Bred to Kill

What makes some dogs go bad? Experts cite two main reasons: nature and nurture.

Some dogs have been bred to be aggressive. Presa Canarios, the type of dogs that Knoller owned, were originally bred to guard cattle from attackers. Doberman pinschers and rottweilers were bred as guard dogs to protect their owners.

Pit bulls are also known for their aggressive behavior. These dogs were bred as "pit fighters"--dogs that fight other dogs--and account for a large percentage of dog bites. Still, with proper training and discipline, pit bulls and other dogs can make good pets.

Unfortunately, some owners try to bring out the worst in their dogs. Journalist Brian Anderson Brian Anderson may refer to:
  • Brian Anderson (pitcher), a baseball pitcher and Cleveland Indians broadcaster
  • Brian Anderson (outfielder), a baseball outfielder
  • Brian Anderson (broadcaster) for the Milwaukee Brewers
  • Brian C.
 moved from his home in the Bronx, New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, after young men began to train their dogs to fight other dogs. The dogs were taught to hang by their mouths from tree branches to strengthen their jaws. "Intimidating dogs," Anderson wrote later, "can impair a neighborhood's quality of life ... as much as drug dealing."

Some people teach dogs to attack their enemies. Others abuse or neglect their dogs until the animals' behavior turns wild.

Big-Dog Backlash

Because a few dogs have done harm, responsible dog owners are now paying the price. In San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden , some dog owners have been told to either give up their dogs or lose their apartments. Insurance companies are forcing homeowners to make a choice between keeping the insurance on their homes or keeping their dogs.

Insurance executives say that it isn't fair to ask them to insure the homes of people who own dangerous dogs--such as pit bulls and Doberman pinschers. The companies have had to pay more than $300 million in damages for dog injuries. That kind of expense ends up raising everyone's rates.

"We believe these breeds are capable of inflicting damage or causing a loss that is far outside the norm," Scott Mallasee of Nationwide Insurance told The New York Times.

Experts say that people need to educate themselves before getting a dog. Owners must make sure that the breed of dog they choose fits their needs.

Dog owners also have a responsibility to train their pets to be obedient. Dogs should be kept on leashes and watched carefully, especially around children. Communities can help by enforcing leash laws and encouraging owners to neuter neu·ter
adj.
1. Having undeveloped or imperfectly developed sexual organs.

2. Sexually undeveloped.

n.
A castrated animal.

v.
To castrate or spay.



neuter

1.
 their pets, which makes them calmer.

A vicious dog, says Laurie Levenson, a law professor at Loyola University, is "the same as a loaded gun. The person responsible is the person who could have prevented the accident."

RELATED ARTICLE: How to Keep Safe

Here's what you can do to protect yourself:

* Let a strange dog get comfortable with you before trying to touch it.

* If you feel threatened, try to stay still until the dog leaves. Don't run or wave your arms.

* Try not to turn your back to a strange dog. If a dog knocks you over, roll into a ball and lie still.

* Don't play with a dog unless you have adult supervision.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
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Article Details
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Author:Hanson-Harding, Alexandra
Publication:Junior Scholastic
Geographic Code:1USA
Date:May 6, 2002
Words:811
Previous Article:"Three strikes" law: fair or Foul?. (Debate).(mandatory sentencing law in California)
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