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Animal Rescue: What You Need to Know to Start Rescuing Animals Today

Animal rescue is a social service that helps protect animals from dangerous situations that often involve cruelty and abuse. Find out how you can get involved.

Explainer • Policy • Sanctuaries

Words by Grace Hussain

Animal rescue is a much-needed social service that helps protect animals from dangerous situations that often involve cruelty and abuse. Many animals are turned into shelters due to evictions, expensive health concerns, or other unavoidable circumstances. Often it is easy to villainize the people who surrender their animals, but as animal advocates, we must keep in mind that oftentimes people are surrendering as they believe it is best for the animal or they’ve tried everything else. 

What Is Animal Rescue? 

What is the difference between an animal rescue and an animal shelter .

The differences between animal shelters and animal rescues can be difficult to nail down. This is because there is a great level of ambiguity and flexibility surrounding the two terms. Some places that interpret the term “animal rescue” broadly might even house animal shelters as a subset of animal rescues. If there were to be a key difference it would be that generally speaking, animal shelters tend to have facilities that house animals whereas animal rescues are typically foster-based organizations. This does not mean, however, that animal shelters do not have fosters, as many do. Many animal rescues also partner with boarding facilities to house their animals adding to the ambiguity between the two. Regardless of what they call themselves, both types of organizations have a common goal: they exist to help animals. 

Which Animals Suffer the Most? 

There are farm sanctuaries that focus on helping rescued farmed animals and allowing them to live out their lives in peace. There are municipal shelters that handle cruelty seizures and help to rehome dogs and cats. If there is an animal in need, there is likely an organization that has stepped up to help, this is especially true of the species that are most frequently in need. 

Every year an estimated 3.1 million dogs enter shelters across the United States. Though this number is staggering it has fallen sharply from the estimated 3.9 million dogs that entered shelters in 2011. These dogs come as strays, owner surrenders, cruelty seizures to receive care and rehabilitation at shelters. Though there are many rescues that accept strays or owner surrenders, many also focus on pulling dogs from animal shelters in order to make space for additional intakes and continue the ongoing trend of reducing the number of dogs euthanized every year in shelters. 

The American Society for Prevention of Cruelty to Animals estimates that 3.2 million cats enter animal shelters in the United States every year. Cats of all ages, conditions, and with a vast array of needs enter the shelter doors for staff to route to appropriate outcomes whether that be transfer to a facility or rescue better able to care for that animal’s needs, placing them up for adoption, or seeking a return to their owner. 

Estimates of how many horses are in rescues in the United States range between 6,000 to 10,000. These horses are typically rehomed due to their health, behavioral issues, or a lack of suitability for their intended purpose. 

Livestock and Poultry 

Most farmed animals and poultry in shelters and rescues result either from people keeping chickens in their backyards or from factory farms . Livestock and poultry could end up being rehomed by a shelter or rescue or live out their lives at a sanctuary. 

Like domesticated animals, wildlife often find themselves in need of rescue. Most wildlife that is rescued will be rehabilitated with the goal of eventual release back into the wild. The animals that can’t be released will either be humanely euthanized due to their condition or kept in captivity at a sanctuary, zoo, or another appropriate facility capable of providing adequate care. 

How Does Animal Rescue Make a Difference? 

The stories of rescued animals are never-ending. Recently, Leah Garcés, the president of Mercy for Animals, told the heartwarming story of her rescue chicken, Henrietta , and the bond the chicken formed with her daughter who taught the talented bird how to skateboard. Though not every animal learns a fantastic new skill following their rescue, the internet is filled with stories like Henrietta’s , of animals’ lives being changed and changing the lives of those who are lucky enough to rescue them. 

Why Should You Help Animal Rescue and the Fight Against Animal Cruelty? 

No living being deserves to be treated poorly.

As sentient beings , animals deserve to be treated fairly with consideration for both their physical and mental well-being. Unfortunately, this doesn’t always happen, so rescue is necessary to help restore well-being for animals that have been neglected, abused, or ignored by society. 

Animals That Get Away Can Be Dangerous to Society

Animals can be extremely dangerous. This is not only due to their ability to cause physical harm through bites, scratches, and physical force but also because they can be disease vectors and transmit parasites, rabies, and other diseases to people and other animals. 

Slaughtered Animals End Up on Plates

The farmed animals that are used to produce food endure unspeakable suffering and pain on factory farms . They are separated from their young merely hours after giving birth, frequently are not able to stand or walk normally either due to their unnatural size or cramped quarters, and are killed well before the end of their natural lifespan.

Ignoring the Problem Contributes to It

The problems of animal overpopulation, neglect, and abuse simply make it grow larger. In order to overcome these issues, they must be faced head-on in a manner that recognizes the sentience of both the animals and people involved in rescue situations. 

Pet Overpopulation

Animal rescue and the emphasis placed on spaying and neutering have contributed to the decrease in pet overpopulation. When animals are well cared for and have their needs met, they are less likely to be breeding unintentionally than if they are allowed to wander on their own. 

Poorly Bred Animals Suffer Serious Health Defects

The problems with puppy mills , essentially factory farms for dogs, and the puppies that they produce have been well documented. The dogs housed at these facilities often lack routine veterinary care and are kept in their own filth where it is impossible to avoid common infectious diseases and parasites. The puppies produced by these factories are more likely to have behavioral problems, specifically aggression, than puppies obtained from non-commercial breeders. These puppies are also likely to be sick or injured from the conditions in which they were bred. 

What Are the Most Common Types Of Animal Abuse?

Slaughterhouses.

In the United States alone, excluding sea life and chickens, 165 million animals are slaughtered every year . The end-of-life experience for these animals is distressing with animals being handled roughly by overworked and underpaid employees. These animals are frequently still conscious when their moment of death comes due to failed stunning. 

Animal Testing

Determining the exact number of animals that suffer as a result of animal testing for cosmetics and medicine is difficult due to poor record-keeping protocols, estimates place the number globally in the tens of millions. These animals are subjected to diseases they would not have naturally contracted, chemicals, and all manner of physical and mental manipulation. Many of these animals will be unable to be rehomed following their service to science and will meet an untimely death after their painful life. 

Hunting and Fishing

Contrary to what many were raised to believe, fish likely can feel pain meaning that catch and release fishing does cause harm to the animals caught. Like fishing, hunting at large is an activity that causes a great amount of suffering to the animals involved. As has been the case with wolves in the Western United States , animals are often hunted because they are misunderstood or characterized as villainous. 

Unfortunately, animals are tortured from time to time. To be considered torture, the act must be intentionally inflicted upon the animal. Though these instances of abuse may be more prevalent in the media due to their sensationalism, as animal advocates it is important to keep in mind that torture makes up the minority of cases when it comes to animal rescue. 

Animal neglect can sometimes lead to starvation . This is especially true of animals that are contained and neglected, as they are helpless to obtain their own food. Long-term starvation can cause a myriad of other health issues including liver degeneration and anemia. 

Puppy Mills

Puppy mills are essentially factory farms for dogs . They prioritize profit over the welfare of the animal and the person purchasing their new family member. Toward this end, dogs are often stacked in kennels one on top of the other, and bred repeatedly. They often also lack sufficient veterinary care and develop diseases as a result. 

Cruel Training Methods

Animal training has come a long way due to an increase in knowledge surrounding positive reinforcement and the role it plays. Despite this, there are still cruel training methods employed both individually and professionally. When seeking out a trainer it is important to do your research in order to find someone who will treat both you and your pet well. 

How to Rescue Animals

Adopt your next furry (or scaly or feathered) family member.

Next time you’re considering growing your family with something furry, scaly, or feathered check shelters and rescues in your area before considering other options. Adopt a Pet is a very useful website for finding rescues and the pets they have available. 

Volunteer at Your Local Animal Shelter

Animal shelters everywhere are always looking for volunteers to work with the animals. Often they have several different roles to choose from. Perhaps you prefer to walk dogs or spend one on one time with cats or maybe you’re most excited by the idea of helping match animals with the perfect new family. Regardless of your interests, you’ll find a way to help out. 

Donate to Animal Rescue Organizations

Donating supplies or money to an animal rescue organization is an awesome way to help make sure they can continue rescuing animals year after year.

Foster Animals Until They Find Forever Homes

Most animal rescues and shelters will have a foster program to help place animals in homes while they wait for their forever family. Even if you are only able to commit to short-term fostering, providing a much-needed break from the stress of the shelter environment can be just what an animal needs to get adopted. 

Amplify Information About Shelter Animals

If you are active on social media or are able to spread information on shelter animals in other ways, consider sharing the profiles and pictures of the animals at your local shelter. This helps increase exposure for the animals and may result in an adoption.

Stop Consuming Animal Products

One of the best ways to cut down on farmed animal suffering is to stop consuming animal products. By choosing more plant-based options you are reducing the demand for animal suffering which reduces the number of animals enduring lives on factory farms. 

Report Animal Abuse When You See It

If you suspect that you are witnessing, or have witnessed, animal abuse, reach out to your local animal shelter to discuss the situation and determine the next steps. 

Keep Your Animals Safe

Keeping the animals that you share your space with happy and healthy is one important way to help with animal rescue. By ensuring your animals are well-loved and cared for you are leading by example and can make sure that you have a positive influence on those in your community. 

Start an Animal Rescue Fundraiser

If you’re looking for a shorter-term but highly impactful way to make a difference and get involved in animal rescue, consider organizing a fundraiser. Whether fundraising money through a bake sale or supplies at work or school, the animals and rescue organizations will be grateful for your support. 

What’s Next

Animal rescue organizations are as diverse as the animals and people they serve. Regardless of the species’ that they house, they all aim to make a difference for the better in the lives of animals in need. Farm sanctuaries house once distraught farmed animals in an environment that is stimulating and comfortable for them to spend their lives. Municipal shelters are loud and fast-paced with sometimes hundreds of animals housed there at one time, but amongst all the raucous are animals being loved and cared for until they are reunited with their families or matched with a new one. Despite these differences, all these organizations have people that love animals and have dedicated their lives to animal welfare working long hours. Next time you’re at an animal shelter or rescue take a moment to thank a staff member.

Independent Journalism Needs You

Grace covers farming and agricultural policy. Her reporting has been published in Truthdig and the Good Men Project. She holds her MS in Animals and Public Policy from Tufts University.

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Animal lovers should throw local pet shelters a bone

A rescued dog at the North Shore Animal League shelter in Port Washington. Well-funded national groups are crowding out independently operated humane societies, says the author. Credit: AP

The Department of Justice recently filed legal action against Apple, arguing the iPhone maker holds a monopoly over the communications market. The landmark antitrust case is only the latest action taken by the federal government to foster healthy competition within the U.S. economy to protect consumers. When too few companies dominate an industry, most people lose.

Big Tech isn’t the only area that could benefit from more competition. The animal advocacy space is largely controlled by two national organizations that together make absorb more than half a billion dollars in donations every year. With bloated bank accounts and no real competitors to keep operations honest, the groups have gone off the rails — leaving homeless cats and dogs behind in the process.

As the former chief executive of one of the groups, I would know.

The Humane Society of the United States and the American Society for the Prevention of Cruelty to Animals (ASPCA) are by far the largest groups within the animal welfare space, leverage that’s deployed to factory-fundraise via major — and expensive — advertising campaigns. Over the past decade, the philanthropy juggernauts have collected more than $3.7 billion in contributions. 

This guest essay reflects the views of Edwin Sayres, senior adviser to the Center for the Environment and Welfare and former president and chief executive of the New York-based American Society for the Prevention of Cruelty to Animals.

With all this cash, the national groups are able to crowd out independently operated neighborhood humane societies, rescues, and other local aid organizations that are in crisis mode. It’s akin to a big box store running a mom-and-pop retail shop out of business.

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The Humane Society and ASPCA have combined annual fundraising budgets amounting to more than $100 million a year, enabling these serial marketers to reach a vast audience with gut-wrenching commercials featuring suffering cats and dogs. You’ve likely seen the Sarah McLachlan television ad that pulled on the heartstrings of America during the 2000s. (“For just $18 a month, you can help rescue animals from their abusers.”)

Not only are local and regional animal aid groups outgunned, but the ads are running in their own backyards.

That means donations that would ordinarily be earmarked for local shelters — which are dealing with the bulk of homeless dogs and cats — are being commandeered by the New York- and Washington-based heavyweights. The situation is also exacerbated by name confusion, with 8 in 10 Americans wrongly believing the national groups are umbrella organizations for local pet shelter networks and therefore donate to the former.

The Humane Society does not run a single pet shelter, the ASPCA is unaffiliated with local SPCAs nationwide, and grant programs intended to support community pet shelters have shriveled to nearly nothing. According to the groups’ own tax returns, the organizations give just 1 and 2% of their respective budgets as financial gifts to state-based shelters and rescues. 

Don’t take my word for it.

A recent survey from the Center for the Environment and Welfare of nearly 2,000 local pet shelters and rescues finds that 74% of respondents consider their funding levels “inadequate” and nearly two-thirds say donor confusion between their organization and the Humane Society or ASPCA reduces contributions.

Dating back to Standard Oil and, later, the Bell System, the U.S. government has helped to foster dynamic competition within industries to help protect consumers. While Uncle Sam isn’t waiting in the wings to take on the animal welfare duopoly, cat and dog lovers can still do their part by donating locally. Community organizations need to be thrown a bone.

This guest essay reflects the views of Edwin Sayres, senior adviser to the Center for the Environment and Welfare and former president and chief executive of the New York-based American Society for the Prevention of Cruelty to Animals.

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What Would It Mean to Treat Animals Fairly?

By Elizabeth Barber

A few years ago, activists walked into a factory farm in Utah and walked out with two piglets. State prosecutors argued that this was a crime. That they were correct was obvious: The pigs were the property of Smithfield Foods, the largest pork producer in the country. The defendants had videoed themselves committing the crime; the F.B.I. later found the piglets in Colorado, in an animal sanctuary.

The activists said they had completed a “rescue,” but Smithfield had good reason to claim it hadn’t treated the pigs illegally. Unlike domestic favorites like dogs, which are protected from being eaten, Utah’s pigs are legally classified as “livestock”; they’re future products, and Smithfield could treat them accordingly. Namely, it could slaughter the pigs, but it could also treat a pig’s life—and its temporary desire for food, space, and medical help—as an inconvenience, to be handled in whatever conditions were deemed sufficient.

In their video, the activists surveyed those conditions . At the facility—a concentrated animal-feeding operation, or CAFO —pregnant pigs were confined to gestation crates, metal enclosures so small that the sows could barely lie down. (Smithfield had promised to stop using these crates, but evidently had not.) Other pigs were in farrowing crates, where they had enough room to lie down but not enough to turn their bodies around. When the activists approached one sow, they found dead piglets rotting beneath her. Nearby, they found two injured piglets, whom they decided to take. One couldn’t walk because of a foot infection; the other’s face was covered in blood. According to Smithfield, which denied mistreating animals, the piglets were each worth about forty-two dollars, but both had diarrhea and other signs of illness. This meant they were unlikely to survive, and that their bodies would be discarded, just as millions of farm animals are discarded each year.

During the trial, the activists reiterated that, yes, they entered Smithfield’s property and, yes, they took the pigs. And then, last October, the jury found them not guilty. In a column for the Times , one of the activists—Wayne Hsiung, the co-founder of Direct Action Everywhere—described talking to one of the jurors, who said that it was hard to convict the activists of theft, given that the sick piglets had no value for Smithfield. But another factor was the activists’ appeal to conscience. In his closing statement, Hsiung, a lawyer who represented himself, argued that an acquittal would model a new, more compassionate world. He had broken the law, yes—but the law, the jury seemed to agree, might be wrong.

A lot has changed in our relationship with animals since 1975, when the philosopher Peter Singer wrote “ Animal Liberation ,” the book that sparked the animal-rights movement. Gestation crates, like the ones in Utah, are restricted in the European Union, and California prohibits companies that use them from selling in stores, a case that the pork industry fought all the way to the Supreme Court—and lost. In a 2019 Johns Hopkins survey, more than forty per cent of respondents wanted to ban new CAFO s. In Iowa, which is the No. 1 pork-producing state, my local grocery store has a full Vegan section. “Vegan” is also a shopping filter on Sephora, and most of the cool-girl brands are vegan, anyway. Wearing fur is embarrassing.

And yet Singer’s latest book, “ Animal Liberation Now ,” a rewrite of his 1975 classic, is less a celebratory volume than a tragic one—tragic because it is very similar to the original in refrain, which is that, big-picture-wise, the state of animal life is terrible. “The core argument I was putting forward,” Singer writes, “seemed so irrefutable, so undeniably right, that I thought everyone who read it would surely be convinced by it.” Apparently not. By some estimates, scientists in the U.S. currently use roughly fifteen million animals for research, including mice, rats, cats, dogs, birds, and nonhuman primates. As in the seventies, much of this research tries to model psychological ailments, despite scientists’ having written for decades that more research is needed to figure out whether animals—and which kind of animals—provide a useful analogue for mental illness in humans. When Singer was first writing, a leading researcher created psychopathic monkeys by raising them in isolation, impregnating them with what he called a “rape rack,” and studying how the mothers bashed their infants’ heads into the ground. In 2019, researchers were still putting animals through “prolonged stress”—trapping them in deep water, restraining them for long periods while subjecting them to the odor of a predator—to see if their subsequent behavior evidenced P.T.S.D. (They wrote that more research was needed.) Meanwhile, factory farms, which were newish in 1975, have swept the globe. Just four per cent of Americans are vegetarian, and each year about eighty-three billion animals are killed for food.

It’s for these animals, Singer writes, “and for all the others who will, unless there is a sudden and radical change, suffer and die,” that he writes this new edition. But Singer’s hopes are by now tempered. One obvious problem is that, in the past fifty years, the legal standing of animals has barely changed. The Utah case was unusual not just because of the verdict but because referendums on farm-animal welfare seldom occur at all. In many states, lawmakers, often pressured by agribusiness, have tried to make it a serious crime to enter a factory farm’s property. The activists in Utah hoped they could win converts at trial; they gambled correctly, but, had they been wrong, they could have gone to prison. As in 1975, it remains impossible to simply petition the justice system to notice that pigs are suffering. All animals are property, and property can’t take its owner to court.

Philosophers have debated the standing of animals for centuries. Pythagoras supposedly didn’t eat them, perhaps because he believed they had souls. Their demotion to “things” owes partly to thinkers like Aristotle, who called animals “brute beasts” who exist “for the sake of man,” and to Christianity, which, like Stoicism before it, awarded unique dignity to humans. We had souls; animals did not. Since then, various secular thinkers have given this idea a new name—“inherent value,” “intrinsic dignity”—in order to explain why it is O.K. to eat a pig but not a baby. For Singer, these phrases are a “last resort,” a way to clumsily distinguish humans from nonhuman animals. Some argue that our ability to tell right from wrong, or to perceive ourselves, sets us apart—but not all humans can do these things, and some animals seem to do them better. Good law doesn’t withhold justice from humans who are elderly or infirm, or those who are cognitively disabled. As a utilitarian, Singer cites the founder of that tradition, the eighteenth-century philosopher Jeremy Bentham, who argued that justice and equality have nothing to do with a creature’s ability to reason, or with any of its abilities at all, but with the fact that it can suffer. Most animals suffer. Why, then, do we not give them moral consideration?

Singer’s answer is “speciesism,” or “bias in favor of the interests of members of one’s own species.” Like racism and sexism, speciesism denies equal consideration in order to maintain a status quo that is convenient for the oppressors. As Lawrence Wright has written in this magazine , courts, when considering the confinement of elephants and chimpanzees, have conceded that such animals evince many of the qualities that give humans legal standing, but have declined to follow through on the implications of this fact. The reason for that is obvious. If animals deserved the same consideration as humans, then we would find ourselves in a world in which billions of persons were living awful, almost unimaginably horrible lives. In which case, we might have to do something about it.

Equal consideration does not mean equal treatment. As a utilitarian, Singer’s aim is to minimize the suffering in the world and maximize the pleasure in it, a principle that invites, and often demands, choices. This is why Singer does not object to killing mosquitos (if done quickly), or to using animals for scientific research that would dramatically relieve suffering, or to eating meat if doing so would save your life. What he would not agree with, though, is making those choices on the basis of perceived intelligence or emotion. In a decision about whether to eat chicken or pork, it is not better to choose chicken simply because pigs seem smarter. The fleeting pleasure of eating any chicken is trounced by its suffering in industrial farms, where it was likely force-fed, electrocuted, and perhaps even boiled alive.

Still, Singer’s emphasis on suffering is cause for concern to Martha Nussbaum , whose new book, “ Justice for Animals ,” is an attempt to settle on the ideal philosophical template for animal rights. Whereas Singer’s argument is emphatically emotion-free—empathy, in his view, is not just immaterial but often actively misleading—Nussbaum is interested in emotions, or at least in animals’ inner lives and desires. She considers several theories of animal rights, including Singer’s, before arguing that we should adopt her “capabilities approach,” which builds on a framework developed by the Nobel Prize-winning economist Amartya Sen, and holds that all creatures should be given the “opportunity to flourish.” For decades, Nussbaum has adjusted her list of what this entails for humans, which includes “being able to live to the end of a human life of normal length,” “being able to have attachments to things and people outside ourselves,” and having “bodily integrity”—namely, freedom from violence and “choice in matters of reproduction.” In “Justice for Animals,” she outlines some conditions for nonhuman flourishing: a natural life span, social relationships, freedom of movement, bodily integrity, and play and stimulation. Eventually, she writes, we would have a refined list for each species, so that we could insure flourishing “in the form of life characteristic to the creature.”

In imagining this better world, Nussbaum is guided by three emotions: wonder, anger, and compassion. She wants us to look anew at animals such as chickens or pigs, which don’t flatter us, as gorillas might, with their resemblance to us. What pigs do, and like to do, is root around in the dirt; lacquer themselves in mud to keep cool; build comfy nests in which to shelter their babies; and communicate with one another in social groups. They also seek out belly rubs from human caregivers. In a just world, Nussbaum writes, we would wonder at a pig’s mysterious life, show compassion for her desire to exist on her own terms, and get angry when corporations get in her way.

Some of Nussbaum’s positions are more actionable, policy-wise, than others. For example, she supports legal standing for animals, which raises an obvious question: How would a pig articulate her desires to a lawyer? Nussbaum notes that a solution already exists in fiduciary law: in the event that a person, like a toddler or disabled adult, cannot communicate their decisions or make sound ones, a representative is appointed to understand that person’s interests and advocate for them. Just as organizations exist to help certain people advance their interests, organizations could represent categories of animals. In Nussbaum’s future world, such a group could take Smithfield Foods to court.

Perhaps Nussbaum’s boldest position is that wild animals should also be represented by fiduciaries, and indeed be assured, by humans, the same flourishing as any other creature. If this seems like an overreach, a quixotic attempt to control a world that is better off without our meddling, Nussbaum says, first, to be realistic: there is no such thing as a truly wild animal, given the extent of human influence on Earth. (If a whale is found dead with a brick of plastic in its stomach, how “wild” was it?) Second, in Nussbaum’s view, if nature is thoughtless—and Nussbaum thinks it is—then perhaps what happens in “the wild” is not always for the best. No injustice can be ignored. If we aspire to a world in which no sentient creature can harm another’s “bodily integrity,” or impede one from exploring and fulfilling one’s capabilities, then it is not “the destiny of antelopes to be torn apart by predators.”

Here, Nussbaum’s world is getting harder to imagine. Animal-rights writing tends to elide the issue of wild-animal suffering for obvious reasons—namely, the scarcity of solutions. Singer covers the issue only briefly, and mostly to say that it’s worth researching the merit of different interventions, such as vaccination campaigns. Nussbaum, for her part, is unclear about how we would protect wild antelopes without impeding the flourishing of their predators—or without impeding the flourishing of antelopes, by increasing their numbers and not their resources. In 2006, when she previously discussed the subject, she acknowledged that perhaps “part of what it is to flourish, for a creature, is to settle certain very important matters on its own.” In her new book, she has not entirely discarded that perspective: intervention, she writes, could result in “disaster on a large scale.” But the point is to “press this question all the time,” and to ask whether our hands-off approach is less noble than it is self-justifying—a way of protecting ourselves from following our ideals to their natural, messy, inconvenient ends.

The enduring challenge for any activist is both to dream of almost-unimaginable justice and to make the case to nonbelievers that your dreams are practical. The problem is particularly acute in animal-rights activism. Ending wild-animal suffering is laughably hard (our efforts at ending human suffering don’t exactly recommend us to the task); obviously, so is changing the landscape of factory farms, or Singer wouldn’t be reissuing his book. In 2014, the British sociologist Richard Twine suggested that the vegan isn’t unlike the feminist of yore, in that both come across as killjoys whose “resistance against routinized norms of commodification and violence” repels those who prefer the comforts of the status quo. Wayne Hsiung, the Direct Action Everywhere activist, was only recently released from jail, after being sentenced for duck and chicken rescues in California. On his blog, he wrote that one reason the prosecution succeeded was that, unlike in Utah, he and his colleagues were cast as “weird extremists.”

It’s easy to construct a straw-man vegan, one oblivious to his own stridency, privilege, or hypocrisy. Isn’t he driving deforestation with all his vegetables? (No, Singer replies, as the vast majority of soybeans are fed to farm animals.) Isn’t he ignoring food deserts or the price tag on vegan substitutes, which puts them out of the reach of poor families? (Nussbaum acknowledges that cost can be an issue, but argues that it only emphasizes the need for resourced people to eat as humanely as they can, given that the costs of a more ethical diet “will not come down until it is chosen by many.”) Anyone pointing out moral culpability will provoke, in both others and themselves, a certain defensiveness. Nussbaum spends a lot of time discussing her uneasiness with her choice to eat fish for nutritional reasons. (She argues that fish likely have no sense of the future, a claim that even she seems unsure about.) Singer is eager to intervene here, emphasizing that animal-rights activism should pursue the diminishment of suffering, not the achievement of sainthood. “We are more likely to persuade others to share our attitude if we temper our ideals with common sense than if we strive for the kind of purity that is more appropriate to a religious dietary law than to an ethical and political movement,” he writes. Veganism is a boycott, and, while boycotts are more effective the more you commit to them, what makes them truly effective is persuading others to join them.

Strangely, where Singer and Nussbaum might agree is that defining the proper basis for the rights of animals is less important, at least in the short term, than getting people not to harm them, for any reason at all. Those reasons might have nothing to do with the animals themselves. Perhaps you decide not to eat animals because you care about people: because you care that the water where you live, if it’s anything like where I live, is too full of CAFO by-products to confidently drink. Perhaps you care about the workers in enormous slaughterhouses, where the pay is low and the costs to the laborer high. Perhaps you believe in a God, and believe that this God would expect better of people than to eat animals raised and killed in darkness. Or perhaps someone you love happens to love pigs, or to love the idea that the world could be gentler or more just, and you love the way they see the future enough to help them realize it. Nussbaum, after all, became interested in animal rights because she loved a person, her late daughter, an attorney who championed legislation to protect whales and other wild animals until her death, in 2019. Nussbaum’s book is dedicated to her—and also, now, to the whales. ♦

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"When Animals Rescue": Reflections on Kindness and Morality

A new book offers true tales and a discussion of the science of animal empathy..

Posted April 30, 2021 | Reviewed by Ekua Hagan

• What's best about our human natures just might be our animal natures.
• Science shows that many animals have rich moral lives.
• Belinda Recio, in her new book "When Animals Rescue," shares a collection of true stories about the science of animal empathy.

If you thought that only humans were capable of virtuous behavior, think again. Belinda Recio's new book, When Animals Rescue: Amazing True Stories about Heroic and Helpful Creatures , will open your eyes to the breadth and depth of nonhuman kindness.

Belinda weaves in fascinating facts with astonishing stories about all kinds of animals—large and small, domesticated and wild—acting in compassionate ways. We need a book like this—about what Jessica Pierce and I call " wild justice "—not only to learn more about how other animals demonstrate kindness and their moral lives, but also to inspire more of this behavior in our own species.

When Animals Rescue reminded me of two stories, one told to me by renowned author Elizabeth Marshall Thomas titled “A Friend in Need." Her story is about a dog named Ruby who helped another dog, Wicket, cross a partly frozen stream. Wicket was afraid to cross on her own, and Ruby, who had already crossed the stream, went back to Wicket, greeted her, and after around 10 unsuccessful attempts, convinced Wicket to follow her across the ice. (The entire story can be seen here .)

Another touching example involved wild elephants. Years ago, while I was watching elephants in the Samburu National Reserve in Northern Kenya with renowned elephant researcher Iain Douglas-Hamilton, I noticed a teenage female, Babyl, who walked very slowly and had difficulty taking each step. I learned she’d been crippled for years, but the other members of her herd never left her behind. They’d walk a while, then stop and look around to see where she was. If Babyl lagged, some would wait for her. If she’d been left alone, she would have fallen prey to a lion or other predator. Sometimes the matriarch would even feed Babyl. Babyl’s friends had nothing to gain by helping her, as she could do nothing for them. Nonetheless, they adjusted their behavior to allow Babyl to remain with the group.

While books like Belinda's are timeless, its publication now is much-needed in a world in which far too much violence is directed toward countless nonhumans in a wide variety of venues. Belinda's interview is a nice follow-up to a discussion with Sarat Colling about her book called Animal Resistance in the Global Capitalist Era.

A conversation with Belinda Recio

Here's what Belinda had to say about her most important and inspirational book.

Why did you write When Animals Rescue ?

I wanted to build upon the research I did for my previous book, Inside Animal Hearts and Minds , which looks at the extraordinary emotional and cognitive capacities of animals. In this book, however, I focus exclusively on examples of animals acting in ways that seem motivated by empathy, compassion, altruism , and other emotions that we associate with our highest human virtues. At first, I wasn’t sure that there would be enough verified content to fill a book. But as it turned out, there were plenty of confirmed stories about such behaviors in animals. I hoped that by writing the book and sharing these stories, I might deepen human empathy for other animals.

How does your book relate to your background and general areas of interest?

I have been writing about animals for over a decade. Before I started writing, I became interested in conservation psychology , specifically in the ways in which one encourages conservation of the natural world. At that time, researchers knew that before people take action to support and protect the environment or animals, they need to feel concern, and before they feel concern, they need to feel empathy. As to what fosters empathy, stories and art can be especially effective tools. So, I started writing about animals and I opened an art gallery that exhibits art that connects people with animals and nature.

Who is your intended audience?

Everyone! I think that deep down, most people feel a sense of connection with nature, and animals in particular. Wherever I am, if I start talking about animals, peoples’ faces light up. They want to hear my animal stories and tell me theirs. Despite all the work we need to do to make the world a better place for animals and ourselves, I think there’s hope if we can tap into that empathetic place in all our hearts.

What are some of the topics that are woven into your book and what are some of the major messages?

The book presents dozens of examples of animals behaving empathetically and altruistically. I included stories about humpback whales protecting a biologist from a shark, a pride of lions rescuing a girl from kidnappers; gorillas working together to dismantle poacher snares that were hurting their young and their elders; a parrot protecting her human companion by warding off an attacker in a park; an elephant trying to rescue a baby rhino; and many more.

The book’s primary message is that, in matters of the heart, animals are not so very different from us. They not only demonstrate emotions that we associate with our best human qualities, [but] they can even demonstrate a sense of morality .

How does your book differ from others that are concerned with some of the same general topics?

I don’t know of any other books for a general audience that focus exclusively on empathy, altruism, and compassion across such a broad spectrum of species. I intentionally included a wide variety of animals to emphasize how these qualities of the heart belong to the entire animal kingdom, not just a few familiar animals, such as dogs and dolphins.

What are some of your current projects ?

I am currently finishing a new book, called Your Inner Zoo , in which I present the natural and cultural ideas associated with animals, and then help readers to develop what ecologist Paul Shepherd called a “zoology of the self”—a sense of how the other animals teach us and live within us as ideas, insights, intuitions, and instincts.

Is there anything else you'd like to tell readers?

The stories in When Animals Rescue —and so many other similar accounts of animal behavior —make a compelling case for animals’ capacity for kindness. One would think that such reports should change the way we regard and treat the creatures with whom we share our world. However, there are still many people who brush off such stories, even when reported by experienced marine biologists, primatologists, and other experts in the field. The established perspective holds that if a behavior was only witnessed once, just a few times, or did not occur under controlled experimental conditions, it is merely anecdotal. But as political scientist Raymond Wolfinger astutely observed, “the plural of anecdote is data.”

So, while skeptics might need to wait for further proof that animals are capable of empathy and altruism, the rest of us do not. Instead, we could simply decide that there is already enough evidence to justify changing our perspectives and behaviors in order to make the world a kinder place for animals.

1) Belinda Recio is a recipient of the Humane Society's Award for Innovation in the Study of Animals and Society. She has written numerous books--including Inside Animal Hearts and Minds --and has developed award-winning science curricula for educational television, museums, and children's publishers. Recio is a columnist for Organic Spa Magazine, where she writes her "State of the Ark" column on animals, and the owner of True North Gallery where she exhibits art that connects people with animals and nature.

2) The book's description reads: A Collection of True Tales of Animal Empathy and Altruism that will Inspire Us to Reflect on Our Own Human Nature. What do stories about humpback whales protecting a biologist from a shark, a pride of lions rescuing a girl from kidnappers, gorillas working together to dismantle poacher snares, a parrot warding off an attacker in a park, a chimpanzee consoling a human, and an elephant trying to rescue a baby rhino tell us about animal nature? And what might they suggest about our very own human nature? Until just a few decades ago, there were only a few animals reported to behave empathetically and altruistically. More recently, the list of species who have been observed behaving in compassionate, helpful, and caring ways has grown exponentially, ranging from rats to elephants. Rescued by a Whale presents dozens of astonishing and heart-warming stories about animals, such as mice, horses, dolphins, and wolves, who engage in acts of helpful kindness. During a time in history when studies show that human empathy is decreasing, our knowledge about animal empathy is increasing. These true tales of heroism, kindness, and compassion suggest that we have far more in common with other animals than we once believed and provocatively suggest that what's best about our human natures just might be our animal natures.

Bekoff, Marc. Sentient Rats: Their Cognitive, Emotional, and Moral Lives .

_____. Listening to the Voices of Animals Who Resist Exploitation .

_____. Do Animals Really Leave Their Group to Go Off to Die?

_____. The moral lives of animals: What did Herman Melville have to say about animals ?

_____. Wild Justice and Moral Intelligence in Animals .

_____ and Pierce. Wild Justice: The Moral Lives of Animals . University of Chicago Press, 2009.

Marc Bekoff, Ph.D. , is professor emeritus of ecology and evolutionary biology at the University of Colorado, Boulder.

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The Protection and Care of Pets

The protection and care of pets is a crucial issue that requires attention. As pets are raised by humans, they are vulnerable and rely on us for their well-being. Pet overpopulation is a significant problem, and many owners fail to spay or neuter their pets, leading to unwanted litters of thousands of pets who may end up in shelters. Through volunteering at a pet adoption center, the author has witnessed neglected, sick, and maltreated animals, which has increased their compassion and awareness of this issue. The author believes that education, public awareness, and free spay/neuter clinics can make a difference in the lives of helpless pets. The joy of seeing a child adopt a deserving pet is the best reward for working at the center. Pets are an important part of society that deserves respect and care.

The protection and care of pets is important to me. Animals who are raised as pets have no natural defense nor control against the situations they are forced into by humans. Consequently, it is up to us as a society to see that pets are cared for and ensure that they are treated well and humanely.

Pet overpopulation is an enormous problem in this country. Many pet owners do not take proper responsibility by having their animals spayed or neutered. Naturally, these animals behave on instinct and produce litters of thousands upon thousands of pets who have little chance of finding a proper home. Many of these unwanted litters end up on the doorstep of animals rescue or humane society shelters. It then takes tremendous effort to care for them until finding people who are willing to adopt them.

Through my volunteer work with a pet adoption center, I have seen numerous cases of neglected, diseased and often maltreated animals. It has raised my compassion level as well as my awareness of this country-wide problem and encouraged me to continue my efforts to help these animals. Through education, public awareness and free spay/neuter clinics, I believe that shelters and pet adoption facilities can make a difference in the lives of many helpless pets.

The greatest joy I receive is seeing the smile on a young child’s face when he or she is given the gift of a deserving pet. At the adoption center, we ensure that families wishing to adopt are good candidates to do so and will provide the necessary care, affection and basics of life. The best reward for working at the center is to know that I helped join an animal with a loving family so that it may live out the rest of its life in comfort and peace. Pets are an important part of life and society and deserve to be treated with dignity and respect.

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51 Animal Welfare Essay Topic Ideas & Examples

🏆 best animal welfare topic ideas & essay examples, 📝 most interesting animal welfare topics to write about, 👍 good research topics about animal welfare.

• Animal Welfare vs. Rights: Compare and Contrast One can state that the term animal rights refers to the privileges that animals should enjoy. While comparing animal rights and welfare, one also has to consider the fact that animals cannot have the same […]
• The Animal Rights and Welfare Debates The traditional attitude towards animals was based on the assertion that animals have no rights, and therefore it is not the subject of moral concerns. We will write a custom essay specifically for you by our professional experts 808 writers online Learn More
• Animal Sentience: Impact on Animal Welfare Movement The difficulty is that it is unknown how sentience arises from the brain cells, how to study it and what to look for. Fear of anthropomorphism is a second reason why it is difficult to […]
• Biotechnology and Animal Welfare: How Genetically Modified Chicken Serves the Demand in Fast Food Chains Beef was the most often used meat for the restaurants due to its containing in burgers, however, in 2020, the tendency started to move in the direction of chicken consumption.
• Holistic View Over Animal Welfare in the Health System It is paramount to note that the management of the health systems needs to focus on an integrated approach to the management of these animals to have healthy and useful animals.
• Consumer Attitudes Towards Animal Welfare Emerging challenges experiencing in different parts of the world have managed to transform people’s attitudes and perceptions about domesticated animals and the use of the products they give.
• Canadian Animal Welfare and Role in the Charity Canada’s government and the justice system must oversee the welfare of pets, livestock, and performance animals equally to ensure an ethical approach to animal rights protection.
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• Citizens, Consumers, and Farm Animal Welfare: A Meta-Analysis of Willingness-To-Pay Studies
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• Consumer Attitudes Toward Farm-Animal Welfare: The Case of Laying Hens
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• Consumer Preference for Eggs From Enhanced Animal Welfare Production System
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• Evaluating Animal Welfare With Choice Experiments: Application to Swedish Pig Production
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Essay on Animal Shelter

Students are often asked to write an essay on Animal Shelter in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Animal Shelter

What is an animal shelter.

An animal shelter is a place where stray, lost, or abandoned animals are kept. They provide a temporary home for these animals. The workers at the shelter feed them, take care of their health, and try to find them a new, loving home.

The Importance of Animal Shelters

Animal shelters play a crucial role in our society. They protect animals that have no home and might be in danger. Shelters help control the population of stray animals. They also work to find these animals a caring family where they can live happily.

Adoption from Animal Shelters

Adopting a pet from an animal shelter can be a rewarding experience. It gives a new life to the animal and brings joy to the adopter. Adoption also helps the shelter to make room for more animals in need.

Volunteering at Animal Shelters

People can help animal shelters in many ways. One way is by volunteering. Volunteers help feed the animals, clean their areas, and sometimes even train them. This work is important and helps the shelter care for all the animals.

Donations to Animal Shelters

Animal shelters need money to run. They use the money for food, medical care, and other needs of the animals. Donations from people can help a lot. Even small amounts can make a big difference to the lives of these animals.

250 Words Essay on Animal Shelter

An animal shelter is a place where stray, lost, or abandoned animals are kept. These places provide a temporary home for animals that don’t have one. They get food, water, a safe place to sleep, and lots of love from the people who work there.

Why are Animal Shelters Important?

Animal shelters are very important for many reasons. The main one is that they help protect animals that are in trouble. They rescue animals that are lost or have been left by their owners. Also, they help to control the number of stray animals on the streets. This is good for both animals and people.

What Happens in an Animal Shelter?

In an animal shelter, animals are taken care of by trained staff. They are given food, medical care, and a safe place to stay. The staff also tries to find new homes for these animals. This is called adoption. People who want to have a pet can come to the shelter and adopt an animal.

How Can We Help Animal Shelters?

We can help animal shelters in many ways. We can donate money or items like food and blankets. We can also volunteer our time to help take care of the animals. The most important way is by adopting a pet from a shelter instead of buying one. This way, we give a home to an animal that really needs it.

In conclusion, animal shelters are very important. They help animals in need and also help our communities. We can all do our part to support them and make sure they can continue their good work.

500 Words Essay on Animal Shelter

An animal shelter is a place where stray, lost, abandoned, or surrendered animals, mostly dogs and cats, are housed. They are also called “pound” or “animal rescue center”. People who run these places care for animals until they find a new home. They feed them, give them a safe place to live, and provide medical care if needed.

The Purpose of Animal Shelters

The main goal of an animal shelter is to provide a temporary home for animals who don’t have one. They help protect animals from dangers on the streets like accidents, harsh weather, or bad people. Shelters also help control the population of stray animals. They do this by neutering or spaying the animals, which means they can’t have babies. This is important because there are already too many homeless animals in the world.

One of the best things about animal shelters is that they let people adopt pets. This means taking a pet home to become part of your family. Shelters have many different types of animals, so you can choose the one that fits best with your family. Adopting a pet from a shelter is a great thing to do because it gives a home to an animal that really needs one. It also makes room in the shelter for another animal that needs help.

Shelters do a lot of good work, but they often need help. One way to help is by volunteering. This means giving some of your time to help out. Volunteers might feed the animals, clean their cages, or play with them to keep them happy. Volunteering at a shelter can be a great way to help animals. Plus, it feels good to do something nice for others.

Another way to help animal shelters is by giving donations. This could be money, food, blankets, toys, or other things that the shelter needs. Donations help the shelter keep running and provide for the animals. Even a small donation can make a big difference.

Animal shelters play a very important role in our society. They provide a safe haven for homeless animals, help control the animal population, and offer an opportunity for people to adopt a new family member. By volunteering or making a donation, you can support these shelters and contribute to a great cause. Remember, every animal deserves a safe, loving home, and animal shelters are a big step in making that happen.

That’s it! I hope the essay helped you.

If you’re looking for more, here are essays on other interesting topics:

• Essay on Animal Rights
• Essay on Animal Exploitation
• Essay on Animals Also Have Feelings

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Voluntary Prosecution and the Case of Animal Rescue

• Justin Marceau
• Wayne Hsiung
• Steffen Seitz
• February 2024
• See full issue

On October 3, 2022, two animal rights activists — one of whom, Wayne Hsiung, is an author of this Essay — faced a felony trial and up to ten years in prison for “stealing” two piglets from the largest pig farm in the nation. 1 The activists had entered the facility in March 2017 to document the suffering of animals. 2 They found endless rows of sows locked in metal pens roughly the size of their bodies, unable to move or even turn around; piglets covered in blood, birthing fluid, and feces, starving because their mothers’ teats were mangled and bloody; and dead piglets, some of whom were being cannibalized by their siblings. 3 The air was thick with the smell of sewage and decay. 4 The activists rescued two piglets and published the dramatic footage in the New York Times . 5 Soon they were facing felony charges. 6 But what came next was a surprise, even to the defendants themselves: a rural, conservative jury, motivated in part by the lack of enforcement of animal cruelty laws against the factory farm, acquitted the activists of all charges. 7 The stunning outcome generated international headlines 8 and highlighted an upside-down legal regime in which those who might save animals from a cruel death are treated as criminals while the industry inflicting the suffering is protected by law. 9 What happened inside the southern Utah courtroom, we argue, was not an aberration but a historical pattern. For at least 150 years, social movements have used “voluntary prosecution” as a lever to drive legal and social change when other avenues for reform have been blocked.

Though undertheorized, the impacts of voluntary prosecution are canonical in American history, from the women’s suffrage movement to the civil rights movement. For example, even if Rosa Parks was violating a law when she refused to give up her seat, her arrest and prosecution mobilized the Montgomery bus boycotts, which have been rightly viewed as politically monumental. Criminal cases like Parks’s can provide a powerful opportunity to “rally the troops” and mobilize marginalized groups. And they can reverse the traditional accountability rationale of the criminal law, which counsels, “Don’t do the crime, if you can’t do the time.” 10 If the public views the charges (or even the criminal statute itself) as unjust or unlawful, then accountability may come, but in the form of a backlash against the legal system. 11 The prosecutor, the judge, and even the law itself will be held to account when the injustice of a prosecution — or its tension with other, more important principles of law — becomes apparent.

In developing this theory of voluntary prosecution, we juxtapose two seemingly disconnected scholarly frames about the criminal law and argue that bridging them can reveal an important strategy for social movements. First, we note the salience of criminal law narratives in the media and politics; the criminal law has emerged as a “genuine American civic religion” that is culturally enshrined and celebrated in politics, news coverage, and entertainment. 12 The public has a seemingly insatiable interest for stories of malfeasance being met with “accountability” and increased public safety and security. 13 The public also views itself as competent to evaluate issues of criminal liability, unlike other areas of law that are deemed technical and perhaps less newsworthy, and compelling storylines can attract major audiences. 14 Second, there is a body of scholarship that recognizes that oftentimes it is the “indirect effects” of legal cases rather than the cases themselves that are most likely to generate social change —  including shifts in legal doctrine or legislation. 15 For example, Professor Michael Klarman has argued that major Supreme Court decisions recognizing criminal procedure rights for Black Americans largely failed to “affect the actual treatment of [B]lack criminal defendants in the South,” but this litigation may still have prompted a variety of “more intangible consequences” that “indirectly contributed to the modern civil rights movement.” 16 This movement, in turn, was crucial to cementing genuine change in both legal and social institutions where courtroom decisions had failed, and it did so by engaging with a wider and more democratic set of stakeholders about the decisions made in court. 17

It is through the lens of these two scholarly frames — the salience of the criminal process, and its movement-building impacts — that we propose a theory of “voluntary prosecution.” Prosecution has long been feared as the worst possible outcome for activists, or, at best, as a regrettable tool for generating public sympathy. 18 But we argue that the aforementioned features of criminal litigation make criminal prosecutions and trials a potentially viable element of long-term law reform strategies. The argument, of course, is not that criminal charges are unequivocally good. It would be callous to overlook the hardships that prosecutions impose on the persons being prosecuted, particularly those from communities that have historically been targeted by the police. We do not attempt to rehabilitate prosecutors who pursue politicized prosecutions, nor do we seek to undermine public skepticism of prosecutions more generally. We argue, however, that in the right context activists can leverage prosecutions and the platform of a criminal trial as a powerful mobilization tool, with the goal of large-scale law reform. High-profile, politicized prosecutions may be a necessary, even desirable ingredient of long-term legal change because they expose the public to defects in the law that might otherwise be ignored.

In advancing this novel theory of voluntary prosecution, this Essay proceeds in three parts. Part I defines voluntary prosecution. Part II then provides an in-depth analysis of two historically significant voluntary prosecutions: the trial of Susan B. Anthony for “unlawfully” voting and the trial of gay rights activist Dale Jennings for “lewd conduct.” Finally, Part III discusses voluntary prosecution in the context of the animal rights movement — where it is currently being used to great effect — and considers lessons for that movement and other social movements.

I. Defining Voluntary Prosecution

Voluntary prosecution is part of what social change scholars in political science have termed a “political jiu-jitsu,” or an effort to turn political “repression into weakness for those in power.” 19 Commentators have observed that police crackdowns on protests can do more to undermine the legitimacy of the status quo than the protest itself. 20 The governmental enforcement of norms through heavy-handed tactics may mobilize support for the protesters’ cause. 21 In this way, the so-called “backlash” to civil disobedience by government officials can itself generate a public backlash against the government in the form of support for an otherwise marginalized social movement. 22 In a similar way, but without the risk or need for physical violence by police, social movements can attract public attention to their cause by leveraging the fact of a criminal prosecution against activists. 23 To date, the power of criminal trials as a tool for garnering “public sympathy” 24 has gone under­appreciated in the legal literature. 25 Instead, it has often been assumed that a criminal prosecution will be crippling to efforts to mobilize. 26 We argue here, in contrast, that voluntary prosecution has played an essential role in movement mobilization.

But we should start by candidly acknowledging the basic reality that for most people, most of the time, being prosecuted is horrible and life-altering in all the wrong ways. As Professor Alexandra Natapoff has noted, “One of the great myths of our criminal system is that minor arrests and convictions are not especially terrible for the people who experience them.” 27 There is both power and privilege in courting prosecution. For our part, we are not feckless advocates of prosecution who are unaware of or willing to overlook the myriad problems with the criminal system. Quite the contrary, it is precisely the fact that we live in an era where the phrase “the New Jim Crow” resonates with the public and concerns about politicized prosecutions are nearly daily headlines that makes this strategy so potent. Put differently, we agree with — and one of us has contributed to — the scholarly literature rightly focusing enormous attention on the defects of our prosecutorial system, from racial bias and overcriminalization, to mass incarceration and procedural unfairness. 28 What is true of the criminal system more generally will likely be true of voluntary prosecutions as well: the harms will be felt most acutely by those who already experience social disadvantage.

We also want to emphasize at the outset that we are sympathetic to the critiques of an expressivist approach to criminal punishment, which might celebrate criminal trials as opportunities to create a public soapbox on matters of great concern. 29 Some scholars have advocated for the use of criminal trials as a powerful tool of communicative disapproval. 30 We do not generally endorse the criminal system as the only, or even the best, way to communicate moral messages, because, among other reasons, sending moral messages through criminal punishments — as drug prosecutions often seek to do — is often both ineffectual and regressive. 31 The power dynamics of the criminal system tend to obscure the moral message the government seeks to communicate through high-profile trials or anticrime campaigns. 32 Yet, ironically, it is precisely because we agree that there are problematic power dynamics and hierarchies present in criminal trials that we think that the overzealous prosecutions of marginalized activists engaged in sympathetic, nonviolent conduct can provide a promising avenue for public advocacy. It is not that criminal trials are incapable of expressing messages, but that the most profound message is not one of law and order, as is often assumed. Voluntary prosecution works because it inverts the narrative and uses the system against itself to show that power is impeding social progress.

Another defining and yet paradoxical aspect of voluntary prosecution is its explicit reliance upon courts and formal proceedings. Social change experts have criticized the lawyer-centered notion that social change occurs primarily through litigation or connections to officials in high office. 33 We applaud and agree with the recognition that those who often get the credit — a Supreme Court litigator or a legislator — are not the actors who generally make transformative social change possible. In the public imagination, it is Supreme Court cases that give rise to social movements. 34 But in reality, the reverse is often true. 35 The movements that made the litigation or legislation possible are often made invisible by lawyers, or the books and movies about lawyers winning civil rights and social justice. 36 We accept this critique of the top-down approach to law reform, but we still posit that courts and criminal trials are important levers of social change. But they are not important for their own sake, and certainly not because of the inherent justice that a fairytale version of litigation presents. The criminal trials in voluntary prosecutions are valuable because they provide an opportunity to spotlight the work of the movement. It has been said that if social movements “win the battle over public opinion, the courts and legislatures would ultimately fall in line.” 37 Voluntary prosecution is a strategy that deploys the courts as a vehicle for winning public support, which in turn can be parlayed into legislative and doctrinal victories.

As we will discuss below, individual jurors from across rural America have been voting to acquit activists who have rescued animals, and the jurors have done so in part because they found the prosecutions to be unseemly and unnecessary. In turn, the acquittals by these jurors have attracted additional public attention and support for the movement. A prosecution may not always, as has been lamented, result in “Muzzling a Movement.” 38 Rather, the fact of the prosecution may serve as a megaphone, amplifying activist messages to the public, particularly for causes that might otherwise struggle to attract consistent media attention.

In sum, voluntary prosecution is the idea that in certain circumstances the platform of a criminal trial can provide a valuable arena for showcasing and popularizing progressive social reform projects, especially when other avenues for dialogue and institutional change have been blocked. It is the idea that in some instances activists may better advance their goals if they are prosecuted. A defining feature of voluntary prosecution is that it flips the cultural script of trial. Criminal trials are culturally salient morality plays in which the righteous accuser singles out the villainous lawbreaker for condemnation. 39 Voluntary prosecution uses this cultural script by turning it on its head: the activist-defendant is unapologetic about the righteousness of their cause and effectively puts the government on trial for the failures of the legal system; the accused becomes the accuser.

Of course, no prosecution is truly and fully “voluntary,” since a criminal defendant cannot force a prosecution. 40 But the prosecutions we discuss here are categorically different from other prosecutions because the defendants ultimately embraced their prosecutions and used them for movement ends. In some cases, the activists even set the stage for their own prosecution, aware that an overzealous carceral state made a criminal trial a near certainty. 41 There is thus a crucial attitudinal difference between an ordinary prosecution and a voluntary prosecution; the former is to be avoided while the latter can be intentionally provoked and instrumentalized. But even voluntary prosecution exists on a spectrum, from actively inviting prosecution to avoiding prosecution but then embracing it once it becomes inevitable. In the most extreme cases, an activist may seek prosecution to such a degree that they avoid filing certain motions lest they result in a dismissal of their case. In other cases, an activist may not want to be arrested in the first place but then welcome a public trial once prosecution becomes unavoidable. The key commonality — and thus the essence of voluntary prosecution — is a desire to harness the publicity and cultural salience of a trial to put the law at issue in a stark and undeniable way. Whether this desire precedes arrest is not the key criterion; what matters is that the activist-defendant eventually embraces a trial and deploys it as a means of furthering movement aims.

There are two further definitional points that warrant clarification at this stage. Voluntary prosecution should not be conflated with either civil disobedience or jury nullification. First, the concept of civil dis­obedience tends to locate social resistance in the morally justifiable but technically illegal acts themselves. 42 Civil disobedience centers the act of disobedience itself, and pressure is placed on the prosecutor to refuse charges and avoid interfering with these political protests. 43 The focus is on the provocative and attention-grabbing nature of the act done by persons in the movement, not the prosecution that might follow. 44 Voluntary prosecution, by contrast, treats the trial and prosecution, and not just the acts of disobedience, as the focus. It treats the act of resistance as merely a means of furnishing a dramatic legal political platform — the criminal trial — for exposing the unfairness or irrationality of the existing law. 45 When well-coordinated, the impact of the trial and prosecution can be just as powerful — if not more so — than the act of disobedience itself.

Likewise, there is a long history of activists celebrating the possibility of jury nullification as a tool for protecting activists from overzealous prosecutors. 46 The success of a voluntary prosecution strategy, by contrast, does not turn primarily on efforts to get the jury to ignore the technical requirements of the law. 47 Indeed, in some voluntary prosecutions, the activist-defendants have raised good faith, meritorious defenses rather than relying on nullification. Instead, the focus in a voluntary prosecution is on the trial as an act of repression and a tool to encourage mobilization and media attention, and secondarily an opportunity for convincing the jury that the law must be read as permitting the conduct in question. Nullification is a call to ignore the law. Voluntary prosecution is a call to make the law, or redefine it.

The point is not that jury nullification or civil disobedience is irrelevant to the concept of voluntary prosecution; in many instances a voluntary prosecution will follow an act of civil disobedience, and it is possible that jury nullification may be one strategy in a voluntary prosecution. But there is a conceptual distinction, and the point here is to emphasize the unique value of a criminal prosecution as an opportunity to disrupt or critique the legal system.

II. Historical Context for Voluntary Prosecutions

We certainly did not invent the idea that criminal trials are important points of focus for social mobilization. For example, Nelson Mandela’s trial for terrorism-related offenses based on his opposition to apartheid has been described as one of the most important moments in South African history. 48 Our contribution is to highlight the way that movements might affirmatively locate criminal trials as one of their potential vectors for mobilization ex ante, as opposed to merely recognizing a trial as coincidentally significant after the fact. Prosecutions can serve communicative and mobilizing ends well beyond the acts of civil disobedience themselves, and trial victories provide an opportunity for recognizing that legal elites may be lagging behind the views of an informed public. To make this point, we will provide a brief overview of some historical prosecutions of nonviolent direct action that have been crucial to consolidating and growing their respective movements. No prior scholarship has considered these prosecutions as part of a unified theory for social change.

In the annals of American social change, few legal cases are more notable than Rosa Parks’s. But what is often mythologized as a spontaneous act of resistance that culminated in legal charges was, in fact, an orchestrated effort to harness voluntary prosecution to create change. Parks herself had attended an activist training course just a few months earlier, and the local NAACP chapter had been opportunistically awaiting the right case. 49 They had declined to organize around two previous arrests of Black women who had also refused to give up their seats, only months before Parks’s arrest, because the women’s personal circumstances were viewed as likely to generate less favorable press coverage. 50 But after Parks was arrested, instead of paying the fine and moving on — as the two previous arrestees had done — Parks and the NAACP decided to fight the case. 51 The rest, of course, is history, as Parks’s case launched a campaign led by a local minister named Martin Luther King, Jr., that would end segregation on Montgomery buses — and launch the civil rights movement into national prominence. 52

The arrest of Parks is understood as an iconic example of a mobilizing event. What is less known, however, is the significance of legal cases — and specifically criminal cases — in the development of other prominent movements in the United States and around the world. The repeated trials and incarcerations of socialist leader Eugene Debs were among the most important events in the history of American labor. 53 The 1958 arrest of a pacifist former Navy Commander, who attempted to sail to a nuclear test site, became a national story that helped launch the environmental movement — and inspired another ship years later called the Golden Rule . 54 And recently, the trials of climate activist “valve turners” have invigorated the climate justice movement 55 and established a “climate necessity defense” in at least one jurisdiction. 56

For purposes of this Essay, we will focus on just two cases in American history that are illustrative of the power of voluntary prosecution: the trial of Susan B. Anthony, for “unlawfully” voting in the election of 1872, and the trial of gay rights activist Dale Jennings in 1952, for “lewd conduct” with an undercover male police officer in a Los Angeles park.

A. The Trial of Susan B. Anthony 57

In the nineteenth century, women possessed few formal legal rights. Though not monolithic in their treatment of women, most state legal regimes denied married women the ability to autonomously contract, manage property, and sue and be sued. 58 While unmarried women could exercise a variety of legal rights, including contracting, managing property, and suing in court, they were generally derided as “spinsters” and often faced significant social costs for flouting traditional gender roles. 59 Importantly, neither married nor unmarried women could vote. 60

Strikingly, however, the disenfranchisement of women was not made explicit in the law; it was an unspoken and unwritten assumption of the common law. 61 When the Fourteenth Amendment was ratified in 1868, suffragists, including Susan B. Anthony, seized on the Amendment’s expansive language. 62 The Amendment extended citizenship to every person born in the United States and protected the “privileges and immunities” of all citizens from state infringement. 63 Anthony believed that the Fourteenth Amendment conclusively gave women the right to vote, as a privilege of citizenship, and that no state could infringe on that privilege. 64 She even convinced a lawyer and former judge named Henry Selden to endorse this position. 65 But unfortunately, suffragists could not convince judges or Congress to affirmatively adopt their con­struction of the Amendment. 66 So Anthony decided to force the system to address the question via voluntary prosecution — that is, by attempt­hing to vote, despite the near certainty of criminal liability for the act. 67

In Susan B. Anthony’s prosecution for unlawfully voting, three points are key. The first is that Anthony knew before she voted that she was unlikely to succeed with her case, but she proceeded with it anyway because she knew the platform provided by a trial would be crucial to the movement’s future success. 68 The goal was a “high-profile forum” 69 for Anthony’s constitutional argument and, as one suffragist put it, a “popular verdict.” 70 In fact, to encourage the election inspectors to let her break the law and vote on Election Day, Anthony promised to indemnify the inspectors if they too were prosecuted. 71 And when she was jailed for voting, she refused to pay bail in the hopes that it would set up a habeas petition to the Supreme Court. 72 When her attorney posted bail without her permission, Anthony launched a speaking tour that used her upcoming trial to educate thousands of New Yorkers about women’s suffrage. 73 Even after she was convicted, Anthony distributed three thousand copies of her trial proceedings to activists, politicians, and libraries. 74

The second notable aspect of Anthony’s prosecution is that Anthony, despite engaging in an act that was legally disruptive, grounded her defiance in constitutional and legal principles. While the Constitution and common law had not been tested on the question of sex discrimination, the text was, in theory, quite clear: no person should be denied “equal protection of the laws.” 75 Anthony could thus plausibly argue that her act of voting was an affirmation, rather than violation, of the law. Anthony also had technical legal arguments to buttress her case even if the judge and jury refused her constitutional argument; most notably, she argued that her good faith belief in the legality of her vote undermined the charges against her because violation of the voting act required a “knowing” illegal vote. 76

The third and most important point, however, is that Anthony realized that her prosecution and trial would directly bring law or legal proceedings into the question of suffrage. By using a courtroom, she was able to place the decision of women’s suffrage in the hands of decision-makers who had not been captured by the status quo: jurors in the courtroom and, when her case rocketed into national attention, the court of public opinion would be made aware of her legalistic arguments. 77 She lost the trial, but she succeeded in making the right to vote a legal issue. And both the jurors in the case — who were effectively denied their right to render a verdict after the judge in the case entered a directed verdict of guilty — and major newspapers announced their sympathy for Anthony’s cause. 78 As one New York paper wrote, “If it is a mere question of who got the best of it, Miss Anthony is still ahead. She has voted and the American constitution has survived the shock.” 79

Anthony lost her legal case at trial when the judge directed a guilty verdict. 80 But in the courtroom that mattered — the court of public opinion — she won. By inviting prosecution and presenting her constitutional argument for women’s suffrage, Anthony won a national forum for her cause and opened the door for legal reform. 81

B. The Trial of Dale Jennings

The trial of Dale Jennings, who the New York Times described as the gay rights movement’s “first hero,” provides another important example of our thesis. 82 Despite Jennings’s relative obscurity today, his trial for criminal solicitation was instrumental in launching the gay rights movement. 83 Like Susan B. Anthony’s prosecution, his case was a form of voluntary prosecution. But unlike iconic figures like Anthony or Rosa Parks, Jennings was not engaged in anything close to civil disobedience. His decision to go to trial was entirely about the trial itself, and not about the act of resistance.

In the early 1950s, most gay men led relatively isolated existences, wary of social ostracization and legal punishment. 84 To combat this repression and build consciousness among gay men and women as an oppressed minority, Jennings and a few other radical gay men founded a gay rights organization. 85 Called the “Mattachine Society” in reference to a medieval masked society and the “masked” nature of gay life, this new organization largely conducted its business in secret, despite its sweeping political goals. 86

The voluntary prosecution of Dale Jennings was a turning point for the Mattachine Society and the gay rights movement. In the 1950s, gay men were commonly targeted by undercover stings. 87 As the New York Times later reported:

Entrapment by vice detectives posing as gays in the bars, public parks and restrooms where gay men went to find each other was common . . . and those charged with soliciting police officers commonly pleaded guilty rather than face an accusation of homosexual conduct in open court. 88

Jennings was the target of such a sting. One night, a plainclothes police officer arrested him for engaging in lewd behavior in a public park. 89 No one had ever fought such a charge. 90 Typically, defendants charged with such conduct either paid their bail and never returned for trial, pled guilty to lesser charges, or relied solely on procedural defenses. 91

But Jennings, unlike the countless men who had been entrapped in similar stings, was urged by his friend Harry Hay to openly and voluntarily face prosecution and trial. 92 Hay reportedly said to Jennings: “Look, we’re going to make an issue of this thing. We’ll say you are a homosexual but neither lewd nor dissolute.” 93

Jennings’s case differs from Susan B. Anthony’s in that Jennings did not actively seek prosecution. 94 But once arrested and charged, he embraced his public prosecution as a means of movement-building. 95 For that reason, his case is another notable voluntary prosecution. And again, three factors were key in the success of his voluntary prosecution.

The first was that Jennings and his allies at the Mattachine Society recognized that the nascent movement for gay rights was at an impasse. Given the severe social and legal consequences for living openly as a gay person, most members of the gay community hid their actual beliefs about gay rights. 96 Jennings and others believed that this mass self-deception — or what social scientists call “preference falsification” 97  — was one of the fundamental stumbling blocks for change. 98 A public trial in which a gay man unabashedly defended his identity was perhaps the best way to force the issue, even if it could end in defeat. 99 For this reason, the Mattachine Society sent press releases to broadcast media and newspapers, circulated flyers throughout Los Angeles, and distributed leaflets in areas frequented by gay men. 100 The goal was to use Jennings’s trial as a mobilizing platform.

Second, Jennings and his lawyers believed they had legal and factual grounds upon which they could win. 101 Jennings openly admitted that he was gay, but he also successfully presented an entrapment defense, arguing that the police detective had “practically demanded” to enter his apartment. 102 Framing this state persecution in distinctly legal terms — the entrapment defense — provided the jury with a legal hook that was ultimately crucial to its verdict. 103 Importantly, the entrapment defense also provided a legal mechanism for flipping the script on the government, demonstrating that the state, not Jennings, had acted wrongfully. 104 Persons who were gay were often treated unjustly by government officials, but the public was not fully aware of the circumstances, and Jennings’s case provided an opportunity to put government practices on trial.

Perhaps the most important factor, however, was that Jennings believed that a jury could, in fact, be convinced. After thirty-six hours of deliberations, eleven jurors voted to acquit. 105 With the hung jury missing an acquittal by only a single vote, the district attorney’s office dropped the charges. 106 Even in an era that was rabidly antigay, the deliberative setting of a jury allowed for an unprecedented legal outcome. Conventional institutions could hardly have predicted this. Jennings himself wrote of his shock at the outcome: “Walking out of the courtroom free was a liberation that I’d never anticipated. It didn’t happen in our society. You went to jail for that sort of thing. And so I was numb for some time, and it began to dawn on me that we did have a victory.” 107 Not only was the acquittal a victory for Jennings, it was the movement’s first legal victory, and it led to a surge in membership for Mattachine Society. 108 Membership doubled from one meeting to the next, and new chapters spread across California. 109

As with the other examples, Jennings’s victory did not singlehandedly change the course of history for a social movement. But it was a turning point. Jennings’s case was a crucial step in overcoming the paralyzing fear pervasive in the gay community — fear stemming from the possibility of prosecution just like Jennings’s. By subjecting himself to prosecution, Jennings forced the issue of gay rights into the public consciousness and legal discourse, mobilized a generation of gay activists, and helped launch the gay rights movement.

III. Voluntary Prosecutions in the Animal Rights Movement

The prior Parts define the concept of voluntary prosecution and identify it as a historical phenomenon. When the law is out of step with public sentiment, voluntary prosecution can be an important tool for forcing the law (or at least the legal system) to reconcile with shifting public values. In this Part, we highlight the concept of voluntary prosecution as it applies to recent animal rescue prosecutions. Indeed, some leading members of the animal rights movement, including one author of this Essay, have invited prosecution as a means of bringing more public attention to the plight of animals and the state’s complicity in their abuse.

Central to voluntary prosecutions in the animal rights context is the growing movement for open rescue. In an open rescue, animal activists enter an animal-abusing facility (usually a factory farm), document its deplorable conditions via photos and videos, and rescue a small number of sick and dying animals. 110 These rescues are “open” because the investigators do not conceal their identities or the nature of their activities, and they widely disseminate footage of the rescue. 111 Open rescues perform the legal right demanded — namely, the right to rescue. By their very performance, they envision a world in which the profit concerns of a corporation do not override the suffering of sentient animals. Open rescues also invite prosecution. Because open rescuers bare their identities and widely publish their rescues, they become easy targets for zealous prosecutors in rural counties. And the prosecutions provide a platform for illustrating the failures of the law when it comes to protecting animals, especially those raised for food in factory farms.

One prominent voluntary prosecution of animal activists was the so-called Smithfield Trial. 112 The trial had as its basis an open rescue in March of 2017 from a factory farm owned by Smithfield Foods. 113 Several animal activists, including one author of this Essay, entered this farm — one of the largest industrial pig farms in the United States 114  — and removed two injured and ill piglets. 115 No one disputes that the pigs would have died if they had not been taken by the activists and given immediate veterinary care. And no one disputes that the entry and the removal of the piglets was done entirely without consent from Smithfield. However, the pig production facility was so large, with approximately 1.2 million pigs raised every year, 116 that the removal of the pigs was not noticed until the activists released footage of their rescue to the New York Times , which ran a feature story on the conditions of the pig farm and the animals’ rescue. 117 The work of these activists served the goal of promoting transparency by showing that the largest pig production company in the world was breaking a pledge it had made ten years earlier to phase out the use of so-called gestation crates, 118 two-by-seven-foot cages where mother pigs live for up to seven years with severely limited freedom of movement. 119 But more importantly for the purposes of this project, having rescued two baby piglets and openly filmed and published the entire event, the activists also invited prosecution.

For the activists, the prosecution and eventual trial was the plan. It was an effort to force a legal discourse about factory-farming conditions. Indeed, the two activists who ultimately went to trial declined pleas to substantially reduced charges that would have resulted in no jail time. The activists planned to use the criminal trial as a way of exposing and challenging the prevailing legal norms toward farmed animals. It was not an act of civil disobedience; it was an attempt to make law and to focus attention on the abuse of animals. The activists used the government’s aggressive and overzealous prosecutorial tactics against them, effectively putting Smithfield — and the law enforcement officials who did its bidding — on trial. Indeed, this reversal was so effective that the trial became known as the “Smithfield Trial” in media coverage. 120

More generally, the trial that unfolded in October of 2022 provided a dramatic stage for highlighting one of the core features of modern animal law: the law punishes those who attempt to save animals from cruelty and protects the industry that inflicts the cruelty. A stunning rebuke of the legal norms governing animals was effectuated by the very court system that entrenches and vindicates the diminished legal status of animals. Through the juxtaposition of criminal charges for rescuers and immunity for the farm itself, the dysfunction of the law was laid bare. The act of rescue was a powerful protest, but the critique of law was made salient by the trial itself. This juxtaposition was perhaps most poignantly illustrated when the prosecutor, in his closing argument, unartfully compared rescuing injured piglets to removing a dented can of soup from the grocery store. 121 The prosecutor was not trying to be extreme. Animals are generally viewed as property by the law, and the prosecutor simply believed he was providing a concrete example of this reality. But the trial provided an opportunity to undermine this cramped understanding of the law by putting this assessment into the hands of a noncaptured decisionmaker, the jury.

The trial provided other moments for accomplishing the moral and political role reversal central to voluntary prosecution. For example, during cross-examination, the investigating FBI agent admitted that he could not think of a single instance in which multiple FBI agents investigated a theft case involving less than $100 worth of property — and yet the FBI had assigned eight agents to investigate the case of a pig rescue. 122 Or when the defense attempted to admit a picture of one of the rescued piglets, the prosecution objected and the judge ordered the outline of the piglet cut from the photo so that jurors could not see the bloody teat of the piglet’s mother or other aspects of the factory farm in the background. 123 These moments showcased the extraordinary lengths to which the government would go to punish the rescuers and protect the animal-abusing industry — a takeaway that was not lost on jurors, media, and spectators. 124

The Smithfield Trial ended with a stunning outcome: the acquittal of the activists by a conservative jury in southern Utah. 125 Interviews with the jurors revealed that the prosecution’s aggressive and overbearing tactics backfired, allowing for the role reversal in which the state became the object of suspicion rather than the activists. 126 Some jurors reported feeling manipulated, even lied to, by the prosecution because of the constant evidentiary objections, the scissor-cut image of the piglets, and the refusal to show video footage of the rescue. 127 Many of the jurors also expressed disgust and horror over the conditions at the Smithfield facility. 128 It is difficult to study the transcripts of interviews with the jurors after the trial and fail to see that they left the case feeling like the wrong people were put on trial. 129

Less than six months later, in March of 2023, two more activists were unanimously acquitted of theft by a jury in the heavily agricultural county of Merced, California, even though there were videos of them removing chickens from a truck heading to a slaughterhouse. 130 This trial, dubbed the “Foster Farms” trial, similarly turned the tables on law enforcement. The two activist-defendants refused multiple plea deals, including one that came with no jail time and would have eventually cleared the charge from their records. 131 The activists welcomed prosecution as an opportunity to spotlight cruelty against farmed animals and make the case for the right to rescue. Jurors again unanimously acquitted the defendants, and in a remarkable turnabout, jurors from both cases have now written op-eds supporting animal activists and spoken at animal rights conferences. 132

These landmark cases mark the first time in U.S. history that activists were acquitted for giving aid to farmed animals. 133 But only a few years earlier, a Canadian court acquitted an animal rights activist, Anita Krajnc, of criminal mischief for giving water to thirsty pigs en route to a slaughterhouse. 134 Krajnc’s trial garnered international attention, 135 and the activist network with which Krajnc is affiliated grew from 50 to approximately 150 chapters across the world after she was charged. 136 Krajnc’s trial, and its effect in Canada and across the world, suggest that voluntary prosecution for animal rights may find purchase beyond the United States.

In these landmark cases, the activists used the trial not just to illustrate the cruelties of modern factory farming or to showcase an act of disobedience, but also to test the standing of animals under the law. 137 Numerous lawsuits have tried — and failed — to establish nonhuman animals as legal persons. 138 But the “defensive” posture of recent voluntary prosecutions has elevated the personhood legal argument in novel ways that have received significant receptivity in trial courts. 139 The ability to say that activists were rescuing “someone” instead of merely “something,” as part of a criminal defense, is a more subtle entry ramp for courts to consider questions of personhood or the legal status of animals. These are baby legal steps toward a more formal legal recognition of animals as more than property. 140

The activism, in short, is just as much the legal trial and the formal legal arguments as it is the acts of rescue. These are personhood cases in another, more sympathetic posture. The goal is not a publicity stunt that might result in a trial, but rather an act that provides a trial where legal conceptions of personhood, rescue, and the power of industrial corporations are tested.

The trials allow for public engagement with the reality that the law — either by its letter or by its selective enforcement — might tolerate massive suffering through industrial production, while criminalizing the rescue of animals who face abuse. The vast majority of Americans of all political perspectives (83% of Democrats, 77% of Republicans) say cruelty to farm animals is a “personal moral concern.” 141 Yet the vast majority of farm animals are raised in situations that are not just cruel but constitute “torture” according to the New York Times Editorial Board. 142 Voluntary prosecution aims to force a government response to animal cruelty by highlighting the deficiency of state action to protect animals. Moreover, by placing the decision in the hands of a jury, a noncaptured decisionmaker, 143 the strategy also avoids the problem of regulatory capture, whereby well-organized industries or interest groups can frustrate efforts at popular change. 144 Corporations such as Smithfield, which have contributed millions of dollars to political campaigns nationwide, have significantly less ability to influence a randomly drawn panel of citizens from the community. 145

These landmark animal rights acquittals, as well as the historical phenomenon of voluntary prosecution more generally, present important lessons for activists and movement lawyers. Most obviously, these case studies overturn the common wisdom that views prosecutions as antithetical to social change. They also indicate the importance of incorporating legal strategy into direct actions, even if activists are not explicitly courting prosecution. The likelihood of prosecution for direct action is often high, and legal preparation and counsel beforehand can create the conditions for a successful movement-oriented trial. For example, evidence of the piglets’ poor health was crucial in the Smithfield Trial, and that evidence was only obtained because the activists immediately provided veterinary care to the rescued piglets and kept the documentation of their health problems. 146 Lawyers can integrate themselves into movements by helping set the conditions for voluntary prosecutions, albeit with the usual caveat that lawyers must comply with the ethical rules prohibiting lawyers from assisting or furthering crimes themselves. 147 Lawyers are also especially well equipped to translate movement arguments into distinctly legal terms — like Susan B. Anthony’s constitutional argument 148 or Dale Jennings’s entrapment defense 149  — thereby making these movement arguments fit for trial.

Importantly, movement organizing is almost always a precondition for a successful voluntary prosecution. Suffragist groups amplified Susan B. Anthony’s constitutional argument, 150 the Mattachine Society rallied gay persons around a common cause, 151 and animal rights orga­nizations raised the salience of the Smithfield Trial and Foster Farms Trial. 152 Lawyers integrated into these movements must be comfortable going on the public-relations offensive as much as providing a legal defense. To that end, courting journalists, using social media savvily, 153 and framing arguments in terms both legal and popularly digestible can be indispensable. For example, the Smithfield Trial and Foster Farms Trial told a consistent story of the “right to rescue” — a right articulated in legal terms but also understandable by the public at large. 154

For decades, litigation on behalf of animals has occurred within narrow legal frameworks, 155 even as the number of animals raised and slaughtered each year has grown precipitously. 156 Animal lawyers have sometimes championed trivial law reform projects that have done nothing to improve the lives of most animals, while the deeply embedded problems with the law remain invisible to the public, and largely undebated. 157 Some of the key law reform projects pursued by animal lawyers have resulted in no demonstrable progress for animals and may even leave lawmakers and the public confused about the most important legal obstacles to animal protection. 158 Voluntary prosecution, by contrast, puts the core problems of animal law directly at issue. It forces ordinary citizens — and the public at large — to confront a legal regime in which animals can be tortured and killed while their rescuers are punished. When a movement is at an impasse, voluntary prosecution has the potential to take a case directly to the public and to highlight the disconnect between the law as enforced and the law as it ought to be.

When it comes to social change or civil disobedience, scholars have frequently assumed that the best legal outcome is for prosecutors to “decline to charge defendants” or to refuse to take their case to trial. 159 This is an understandable, even laudable approach to respecting activists as individuals, but we argue that there is more to the story. We also argue that the boundary between lawyering and activism is more subtle than often assumed.

Our claim is not that all criminal trials are good, or even that the prosecution of an activist will inevitably generate momentum for a movement or necessarily recast legal arguments in novel or more accessible frames. Rather, our claim is that voluntary prosecution is often an integral or even necessary part of social change efforts, especially when there is a disconnect between the enforcement of law and public attitudes, or when the responsible institutional actors are nonresponsive. For this reason, voluntary prosecution is especially relevant in the animal rights context, in which both conditions obtain but the law remains unconcerned about animal suffering. If animal rights efforts are to gain momentum in law , they may need help from activists who are willing to test the boundaries of the law, and even risk being deemed outside the law . Such projects are important not only to test the bounds of existing positive law, but also to elevate the status of the animal rights law agenda more generally.

Though we are not qualified to speak on behalf of other movements, we hazard that voluntary prosecution could be a valuable tactic for other causes too, such as ones seeking legal protections for reproductive rights, aid to migrants, and harm reduction for drug use (such as testing strips). In all these cases, institutional actors have proven captured or unresponsive to activist demands, and individuals may face criminal prosecution despite significant public support for their cause. 160

It is impossible to fully predict the likelihood of success for any individual activist tactic. Indeed, there will always be some uncertainty about whether a prosecution muzzles a movement or mobilizes it. But a mobilizing prosecution — that is, a prosecution deemed successful from the activist perspective — is possible, and such prosecutions have played essential roles in many movements. This Essay indicates that the conditions that make for a successful, movement-furthering prosecution are an important and overlooked object of study. And just as importantly, this Essay suggests a degree of humility for movement lawyers and activists alike. What some reject as a dead end — or even counterproductive — for a movement may actually prove to be an essential ingredient for social change.

Voluntary prosecution can highlight the defects of existing legal norms and generate a public affirmation of behavior that pushes the boundaries of respectability. The public attention that a criminal trial can command serves as a megaphone for messages that might otherwise seem marginal; it provides a novel set of outreach opportunities; and, in the context of animal rights, it recasts legal arguments about animals as beings who matter in defensive, anticarceral postures that may resonate with the public more strongly than conventional tools of legal reform. By inviting charges for breaking the law, voluntary prosecution is a crucial tool for making it.

^ Marina Bolotnikova, Activists Acquitted in Trial for Taking Piglets from Smithfield Foods , The Intercept (Oct. 8, 2022, 11:33 PM), https://theintercept.com/2022/10/08/smithfield-animal-rights-piglets-trial [https://perma.cc/39XV-E2V4].

^ Direct Action Everywhere — DxE, Operation Deathstar with Wayne Hsiung and DxE — Virtual Reality , YouTube (July 6, 2017), https://www.youtube.com/watch?v=wlSE1X-hSqQ [https://perma.cc/8ZSY-ZC9K]; see also Andy Greenberg, Meet the Activists Risking Prison to Film VR in Factory Farms , WIRED (Dec. 5, 2019, 6:00 AM), https://www.wired.com/story/direct-action-everywhere-virtual-reality-exposing-factory-farms [https://perma.cc/URS4-EFCF] (describing footage firsthand).

^ Direct Action Everywhere — DxE, supra note 3; Greenberg, supra note 3.

^ Stephanie Strom, Animal Welfare Groups Have a New Tool: Virtual Reality , N.Y. Times (July 6, 2017), https://www.nytimes.com/2017/07/06/dining/animal-welfare-virtual-reality-video-meat-industry.html [https://perma.cc/FGM9-68DA].

^ Greenberg, supra note 3.

^ Bolotnikova, supra note 1.

^ See, e.g. , id. ; Andrew Jacobs, Animal Rights Activists Are Acquitted in Smithfield Piglet Case , N.Y. Times (Oct. 18, 2022), https://nytimes.com/2022/10/08/science/animals-rights-piglets-smithfield.html [https://perma.cc/RMA9-44R6].

^ See Farhad Manjoo, Opinion, Rescuing Farm Animals from Cruelty Should Be Legal , N.Y. Times (Feb. 14, 2023), https://www.nytimes.com/2023/02/14/opinion/foster-farms-chicken-slaughterhouse-animal-cruelty.html [https://perma.cc/8Z4N-T9WE].

^ The accountability rationale is perceived by some as important even in cases of political protest or civil disobedience advocacy. Michael Patrick Wilt, Civil Disobedience and the Rule of Law: Punishing “Good” Lawbreaking in a New Era of Protest , 28 Geo. Mason U. C.R. L.J. 43, 45 (2017) (arguing that “part of living in an orderly society involves obeying and adhering to the rule of law”).

^ Indeed, even the jurors themselves in a case may react against the legal system. See infra notes 126–29 and accompanying text.

^ Jonathan Simon, Losing Our Punitive Civic Religion , Brennan Ctr. for Just. (Apr. 13, 2021), https://www.brennancenter.org/our-work/analysis-opinion/losing-our-punitive-civic-religion [https://perma.cc/9LNP-XJM2].

^ See Stephen Mann, Crime and the Media in America , Oxford U. Press: Blog (Apr. 5, 2018), https://blog.oup.com/2018/04/crime-news-media-america [https://perma.cc/74B7-K73X].

^ See, e.g. , Gregory Briker, Note, The Anatomy of Social Movement Litigation , 132 Yale L.J. 2304, 2312–17 (2023) (describing scholarship on “indirect effects” of social movement litigation, id. at 2312); Catherine Albiston, The Dark Side of Litigation as a Social Movement Strategy , 96 Iowa L. Rev. Bull . 61, 62–66 (2011) (discussing the “internal and external effects of litigation,” id. at 63).

^ Michael J. Klarman, The Racial Origins of Modern Criminal Procedure , 99 Mich. L. Rev. 48, 49–50 (2000).

^ Id. at 90 (quoting Charles Hamilton Houston as saying that the objective of the litigation was “to arouse and strengthen the will of the local communities to demand and fight for their rights”).

^ See, e.g. , Shalini Bhargava Ray, The Law of Rescue , 108 Calif. L. Rev . 619, 623 (2020); Will Potter, Green Is the New Red: An Insider’s Account of a Social Movement Under Siege 31 (2011) (discussing the FBI’s repression of the animal rights and environmental movements of the early aughts).

^ Mark Engler & Paul Engler, This Is an Uprising: How Nonviolent Revolt Is Shaping the Twenty-First Century 6 (2016).

^ Erica Chenoweth & Maria J. Stephan, Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict 50–51 (2011).

^ Proponents of an accountability model of criminal law insist on prosecution because they argue that without the threat of prosecution the act of “disobedience” loses its defining character. See, e.g. , Wilt, supra note 10, at 53 (arguing that such persons must “accept their punishment” as “part of their protest.” (quoting Joshua Dressler , Understanding Criminal Law § 22.03 (4th ed. 2006))).

^ See Engler & Engler, supra note 19, at 109–11 (discussing research showing that widespread public sympathy is essential to movement success).

^ There are some notable examples of commentators arguing that the fact of a conviction (though less so the trial itself) is an important part of advocacy. See, e.g. , Carl Cohen, Civil Disobedience: Conscience, Tactics, and the Law 88 (1971) (suggesting that pursuing acquittals would be “tactically unwise”). Our view is that acquittals are, in fact, terrifically helpful for mobilizing activists. But efforts to consistently avoid trials would, we think, be strategically unwise.

^ See, e.g. , Karl-Dieter Opp & Wolfgang Roehl, Repression, Micromobilization, and Political Protest , 69 Soc. Forces 521, 540 (1990) (arguing that repression is a cost that has a direct deterrent effect on protest); Jennifer Earl, Repression and Social Movements , in 3 Wiley-Blackwell Encyclopedia of Social and Political Movements 1083, 1087–88 (David A. Snow et al. eds., 2013) (discussing scholarship on the effects of repression on social movements). The one exception is the literature that has advocated for a discrete innovation in the legal doctrine to accommodate a more robust use of the so-called necessity defense. See, e.g. , John Alan Cohan, Civil Disobedience and the Necessity Defense , 6 Pierce L. Rev . 111, 111 (2007) (arguing that the use of the necessity defense allows persons “not so much to gain acquittal . . . [but] to advance the more important objective of publicly airing the moral and political issues that inspired their act”); Steven M. Bauer & Peter J. Eckerstrom, Note, The State Made Me Do It: The Applicability of the Necessity Defense to Civil Disobedience , 39 Stan. L. Rev . 1173, 1173 (1987).

^ Alexandra Natapoff , Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal 19 (2018).

^ See, e.g. , Scott Phillips & Justin Marceau, Whom the State Kills , 55 Harv. C.R.-C.L. L. Rev . 585, 587 (2020) (discussing racial disparities in the death penalty); Justin Marceau, Beyond Cages: Animal Protection and Criminal Punishment (2019) (arguing for a paradigm shift away from prosecution within the animal protection movement due to the manifold defects of the criminal legal system).

^ We are even critical of the idea that more prosecutions or convictions for animal maltreatment will meaningfully advance the status of animals in law or society. See generally Marceau, supra note 28; Carceral Logics: Human Incarceration and Animal Captivity (Lori Gruen & Justin Marceau eds., 2022).

^ See, e.g. , Carsten Stahn, Justice as Message: Expressivist Foundations of International Criminal Justice 25–26 (2020).

^ See, e.g. , Bernard E. Harcourt, Joel Feinberg on Crime and Punishment: Exploring the Relationship Between The Moral Limits of the Criminal Law and The Expressive Function of Punishment, 5 Buff. Crim. L. Rev . 145, 168 (2001).

^ See Engler & Engler, supra note 19, at 97–98; William N. Eskridge, Jr., Channeling: Identity-Based Social Movements and Public Law , 150 U. Pa. L. Rev . 419, 467 (2001) (noting that “once the lawyers get involved, legal reform comes to dominate other kinds of action more than before, and the movement as a whole tends to assume an increasingly lawyerly aura”); Scott L. Cummings , Blue and Green: The Drive for Justice at America’s Port 4 (Robert Gottlieb ed., 2018) (discussing scholarship in law and social science that “paint[s] a skeptical picture of the power of law and lawyers to promote fundamental social change”).

^ In some instances, iconic lawyers were at first wary of, even hostile to, the direct-action campaigns that made their litigation possible, even if they later formed alliances to recognize strategic gains. See, e.g. , Christopher W. Schmidt, The Sit-Ins: Protest and Legal Change in the Civil Rights Era 47–64 (2018) (documenting the hostility of famed lawyers like Thurgood Marshall to direct action).

^ See id. ; see also Austin Sarat & Stuart Scheingold, What Cause Lawyers Do for, And to, Social Movements: An Introduction , in Cause Lawyers and Social Movements 1, 6 (Austin Sarat & Stuart A. Scheingold eds., 2006) (“[A]lthough a civil rights social movement did eventually take shape and is generally credited with success in ending de jure segregation and in advancing integration, it did so in spite of, and in conflict with, the cause lawyers of the NAACP.”).

^ See Sarat & Scheingold, supra note 35, at 3–4, 6.

^ Engler & Engler, supra note 19, at 89 .

^ See generally Dara Lovitz, Muzzling a Movement: The Effects of Anti-terrorism Law, Money, and Politics on Animal Activism (2010).

^ See Milner S. Ball, The Play’s the Thing: An Unscientific Reflection on Courts Under the Rubric of Theater , 28 Stan. L. Rev . 81, 83–97 (1975).

^ See Ara Lovitt, Fight for Your Right to Litigate: Qui Tam, Article II, and the President , 49 Stan. L. Rev . 853, 869–70 (1997); see also Inmates of Attica Corr. Facility v. Rockefeller, 477 F.2d 375, 379–81 (1973) (holding that courts ordinarily cannot review prosecutorial charging decisions, including the decision not to prosecute).

^ In the Foster Farms Trial, discussed infra Part III, pp. 228–35, activist-defendants relied in part on a legal opinion written by a law professor before the action. The legal opinion stated that people have a right to rescue sick and injured animals, even on a factory farm. See Karen Lapizco, Jury Finds Actress Alexandra Paul & Alicia Santurio “Not Guilty” for Rescuing Two Sick Chickens from a Foster Farms Slaughterhouse , World Animal News (Mar. 21, 2023), https://worldanimalnews.com/jury-finds-actress-alexandra-paul-alicia-santurio-not-guilty-for-rescuing-chickens-outside-of-a-foster-farm-slaughterhouse [https://perma.cc/3D2Q-DDPT].

^ See Candice Delmas & Kimberley Brownlee, Civil Disobedience , Stan. Encyclopedia Phil. Archive (June 2, 2021), https://plato.stanford.edu/archives/fall2023/entries/civil-disobedience [https://perma.cc/C9MM-HJ85]. A common element of the definition of civil disobedience is the idea that the acts are “deliberately unlawful.” Cohen, supra note 25, at 39; Howard Zinn, Disobedience and Democracy: Nine Fallacies on Law and Order 39 (2002). By contrast, voluntary prosecutions may involve acts taken without regard for whether they are legal, or even with a sincere belief that they are legal.

^ John Rawls, A Theory of Justice 339 (Harvard Univ. Press rev. ed. 1971) (“Courts should take into account the civilly disobedient nature of the protester’s act, and the fact that it is justifiable (or may seem so) by the political principles underlying the constitution, and on these grounds reduce and in some cases suspend the legal sanction.”); Matthew R. Hall, Guilty but Civilly Disobedient: Reconciling Civil Disobedience and the Rule of Law , 28 Cardozo L. Rev . 2083, 2102–06 (2007) (discussing the view that the state should treat civil disobedience leniently or not punish it at all).

^ Hall, supra note 43, at 2087–92 (discussing the “elements” of civil disobedience, id. at 2087, all of which center the act, not the prosecution that may or may not follow).

^ Dale Jennings’s trial for lewd behavior, discussed infra section II.B, pp. 225–28, is an example of a voluntary prosecution that was not the result of civil disobedience.

^ Steven M. Warshawsky, Note, Opposing Jury Nullification: Law, Policy, and Prosecutorial Strategy , 85 Geo. L.J. 191, 192–94 (1996).

^ Cf. Michael Huemer, The Duty to Disregard the Law , 12 Crim. L. & Phil . 1, 4–6 (2018) (defining and arguing for jury nullification).

^ Melissa Jane Cook, “I Am Prepared to Die” — Nelson Mandela , SA People News (Apr. 23, 2014, 9:30 AM), https://www.sapeople.com/fab-south-african-stuff/prepared-die-nelson-mandela [https://perma.cc/V37E-7DFE].

^ Taylor Branch, Parting the Waters: America in the King Years, 1954–63 , at 127–28 (1989).

^ Id. at 127.

^ Id.  at 130; see also Margot Adler, Before Rosa Parks, There Was Claudette Colvin , NPR (Mar. 15, 2009, 12:46 AM), https://www.npr.org/2009/03/15/101719889/before-rosa-parks-there-was-claudette-colvin [https://perma.cc/BSX8-ZM8A]

^ Randall Kennedy, Martin Luther King’s Constitution: A Legal History of the Montgomery Bus Boycott , 98 Yale L.J. 999, 1020–24 (1989).

^ David Ray Papke, Eugene Debs as Legal Heretic: The Law-Related Conversion, Catechism and Evangelism of an American Socialist , 63 U. Cin. L. Rev . 339, 347, 367–71 (1994).

^ Restoring the Golden Rule , Greenpeace (Jan. 23, 2015), https://www.greenpeace.org/usa/restoring-the-golden-rule [https://perma.cc/2XM5-GAMG]; Jane Braxton Little, Restored Anti-nuke Sailboat Launches Again on a Peace Mission , Nat’l Geographic (June 19, 2015), https://www.nationalgeographic.com/culture/article/150619-golden-rule-ketch-restoration-nuclear-weapons [https://perma.cc/7W8H-KD97].

^ See Ted Hamilton, Beyond Fossil Law: Climate, Courts, and the Fight for a Sustainable Future 1–8 (2022) (discussing how the trials of valve turners are combatting “fossil law” and calling into being a new, climate-just regime). Indeed, the Climate Defense Project, which defends frontline climate activists and uses their trials as a means of furthering movement aims, is often engaged in concerted voluntary prosecutions. See Climate Defense Project , https://climatedefenseproject.org [https://perma.cc/8UQ7-YJK5].

^ State v. Spokane Cnty. Dist. Ct., 491 P.3d 119, 127–28 (Wash. 2021).

^ There is a modern recognition that the fight for women’s suffrage often unjustly excluded Black women and denigrated Black men. See Brent Staples, Opinion, How the Suffrage Movement Betrayed Black Women , N.Y. Times (July 28, 2018), https://www.nytimes.com/2018/07/28/opinion/sunday/suffrage-movement-racism-black-women.html [https://perma.cc/Z8G4-PX76]. On the other hand, a great deal has been written about Anthony’s stridently antiracist views. See Linda Lopata, Opinion, If Susan B. Anthony Was Racist . . .  , Nat’l Susan B. Anthony Museum & House , https://susanb.org/if-susan-b-anthony-was-racist [https://perma.cc/4N79-J79U]. In any event, our goal is not to create a hagiographic account of Anthony’s efforts or to condemn her as irredeemably racist; rather we seek to document the role of her prosecution in one particular movement.

^ Rayne L. Hammond, Comment, Trial and Tribulation: The Story of United States v. Anthony, 48 Buff. L. Rev . 981, 991–92 (2000) (noting the disabilities of coverture faced by nineteenth-century women); Angela Fernandez, Tapping Reeve, Nathan Dane, and James Kent: Three Fading Federalists on Marital Unity , in Married Women and the Law 192, 192–208 (Tim Stretton & Krista J. Kesselring eds., 2013) (highlighting the contested and at times fictitious nature of coverture’s “one-person-in-law principle”).

^ Hammond, supra note 58, at 983–95.

^ Id. at 995.

^ Id. at 990.

^ Id. at 996–97.

^ U.S. Const. amend. XIV, § 1.

^ Hammond, supra note 58, at 996.

^ Id. at 1005–06.

^ Adam Winkler, A Revolution Too Soon: Woman Suffragists and the “Living Constitution , ” 76 N.Y.U. L. Rev. 1456, 1506 (2001).

^ Id. at 1506–07.

^ Id. at 1507

^ Id. at 1506

^ Id. at 1507.

^ Douglas Linder, The Trial of Susan B. Anthony for Illegal Voting 4 (Oct. 20, 2007) (unpublished manuscript), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1022997 [https://perma.cc/9C2U-3MB2].

^ Id. at 5.

^ Id. at 11.

^ See id. at 8–9.

^ Id . at 9.

^ Winkler, supra note 66, at 1506.

^ Linder, supra note 72, at 9.

^ Id. at 11–12.

^ Id. at 9.

^ Hammond, supra note 58, at 1033.

^ Dudley Clendinen, William Dale Jennings, 82, Writer and Gay Rights Pioneer , N.Y. Times (May 22, 2000), https://www.nytimes.com/2000/05/22/us/william-dale-jennings-82-writer-and-gay-rights-pioneer.html [https://perma.cc/9Q9J-DTSK].

^ John D’Emilio, Sexual Politics, Sexual Communities 65 (2d ed. 1998).

^ Id. at 62.

^ Id. at 67.

^ Clendinen, supra note 82.

^ D’Emilio, supra note 84, at 70.

^ Craig J. Konnoth, Created in Its Image: The Race Analogy, Gay Identity, and Gay Litigation in the 1950s–1970s , 119 Yale L.J. 316, 332 (2009).

^ Id. at 332–33; Gregory Briker, The Right to Be Heard: One Magazine, Obscenity Law, and the Battle over Homosexual Speech , 31 Yale J.L. & Human. 49, 58 (2020); Douglas M. Charles, From Subversion to Obscenity: The FBI’s Investigations of the Early Homophile Movement in the United States, 1953–1958 , 19 J. Hist. Sexuality 262, 266 (2010).

^ D’Emilio, supra note 84, at 70– 71.

^ Jim Burroway, An Innocent Man: The Surprising Trial of Dale Jennings , [ Emphasis Mine] Blog (Aug. 5, 2018), http://jimburroway.com/history/an-innocent-man-the-surprising-trial-of-dale-jennings [https://perma.cc/LUJ4-JL8A].

^ D’Emilio, supra note 84, at 70–71.

^ Id. at 71.

^ See id. at 65.

^ See generally Timur Kuran, Private Truths, Public Lies: The Social Consequences of Preference Falsification 7, 18 (1997).

^ D’Emilio, supra note 84, at 66.

^ See id. at 70.

^ See Konnoth, supra note 90, at 332.

^ Jeffrey Kosbie, How the Right to Be Sexual Shaped the Emergence of LGBT Rights , 22 U. Pa. J. Const. L. 1389, 1401 (2020).

^ See Kosbie, supra note 102, at 1401.

^ D’Emilio, supra note 84, at 71.

^ Burroway, supra note 93.

^ See Open Rescue , HumaneMyth.Org: Deconstructing the Myth of Humane Animal Agriculture , https://www.humanemyth.org/glossary/1061.htm [https://perma.cc/P4HF-JRTQ].

^ Marina Bolotnikova, The Fight Against Factory Farming Is Winning Criminal Trials , Vox (Mar. 21, 2023, 7:30 AM), https://www.vox.com/future-perfect/23647682/factory-farming-dxe-criminal-trial-rescue [https://perma.cc/3AGV-GB5L].

^ Jacobs, supra note 8.

^ Dawn House, Utah Hog Farm Part of $7.1 Billion Chinese Deal , Salt Lake Trib. (July 12, 2013, 8:08 AM), https://archive.sltrib.com/article.php?id=56583018&itype=CMSID [https://perma.cc/26V6-TZYT].

^ Dawn House, Utah Farm Among 460 U.S. Operations to Phase Out Controversial Pig Cages , Salt Lake Trib. (Aug. 2, 2013, 8:57 AM), https://archive.sltrib.com/article.php?id=56671811&itype=CMSID [https://perma.cc/N26V-SF5A].

^ Wayne Hsiung, The Piglet Who Made It in the New York Times, Direct Action Everywhere (Oct. 27, 2021), https://www.directactioneverywhere.com/dxe-in-the-news/the-piglet-who-made-it-in-the-new-york-times [https://perma.cc/UM45-GHMD].

^ See , e.g. , Bolotnikova, supra note 112.

^ Animal L. Program, Univ. of Denver Sturm Coll. of L., Smithfield Trial Juror Interviews 34 , https://www.law.du.edu/sites/default/files/2023–03/SCOL_ALP_Smithfield%20Trial%20Juror%20Interview%20Transcripts_March%202023.pdf [https://perma.cc/B4M6-3E6M] (interviewing Juror #5, who said that when the prosecutor “compared [the piglets to] the dented can . . . [that] was ludicrous”).

^ See , e.g. , Animal L. Program, supra note 121, at 6, 33.

^ See Jacobs, supra note 8.

^ Animal L. Program, supra note 121, at 6, 33. For a social science study of the interviews, see generally Fiona Rowles et al., Faunalytics, Jurors’ Reflections on the Smithfield Piglet Rescue Trial (2023), https://osf.io/t9fxy [https://perma.cc/B44Z-SMZ6].

^ See Animal L. Program , supra note 121, at 16.

^ See id. at 28.

^ Bolotnikova, supra note 112.

^ See, e.g. , R. Lynn Carlson, Opinion, Bill Would Undermine Utah’s Jury System , Salt Lake Trib. (Jan. 31, 2023, 10:00 AM), https://www.sltrib.com/opinion/commentary/2023/01/31/r-lynn-carlson-bill-would [https://perma.cc/DP24-YQ2F]; Panel of Smithfield Trial Jurors at Sturm College of Law Summit on the Smithfield Trial (Jan. 13, 2023); Panel of Foster Farms Trial Jurors at the University of California, College of the Law, San Francisco (Apr. 22, 2023).

^ Merrit Kennedy, Canadian Court Clears Activist Who Gave Water to Pigs , NPR (May 4, 2017, 3:16 PM), https://www.npr.org/sections/thetwo-way/2017/05/04/526898750/canadian-court-clears-activist-who-gave-water-to-pigs [https://perma.cc/4GA2-DAL6].

^ Megan Easton, The Trial of Anita Krajnc , U. Toronto Mag. (May 26, 2017), https://magazine.utoronto.ca/people/alumni-donors/the-trial-of-anita-krajnc-animal-rights-activist-toronto-pig-save [https://perma.cc/2DWQ-QAVZ].

^ See, e.g. , id. (noting that Krajnc’s lawyers focused their argument, among other things, on “the fact that pigs are sentient beings and not property,” even though the judge ultimately rejected that argument).

^ See, e.g., Ed Shanahan, Happy the Elephant Isn’t Legally a Person, Top New York Court Rules , N.Y. Times (June 14, 2022), https://www.nytimes.com/2022/06/14/nyregion/happy-elephant-animal-rights.html [https://perma.cc/N6L6-73ZD].

^ See , e.g. , id. (describing the trial court judge’s feeling of regret in denying an elephant’s habeas petition, as she recognized that the elephant was “more than a just a legal thing, or property”). For a critical discussion of the affirmative personhood litigation, see Recent Case, Nonhuman Rights Project Inc. ex rel. Happy v. Breheny , No. 52, 2022 WL 2122141 (N.Y. June 14, 2022) , 136 Harv. L. Rev . 1292, 1295 (2023) (arguing that “the utilization of precedent involving enslaved persons likely contributed to NhRP’s loss”).

^ For an argument that animals could enjoy legal protections through a status that is more than property but perhaps different than personhood, see generally Angela Fernandez, Animals as Property, Quasi-property or Quasi-person , Brooks U. Animal L. Fundamentals Series , https://thebrooksinstitute.org/animal-law-fundamentals/animals-property-quasi-property-or-quasi-person [https://perma.cc/TJ8V-YDFA] (arguing that the law already recognizes animals as occupying a status different from other forms of property).

^ Julia Jeanty & Grace Adcox, Voters Demand Farm Animal Protections from Both Politicians and Companies , Data for Progress (Aug. 3, 2022), https://www.dataforprogress.org/blog/2022/8/2/voters-demand-farm-animal-protections-from-both-politicians-and-companies [https://perma.cc/6Y3L-C24X].

^ Editorial Board, Exposing Abuse on the Factory Farm , N.Y. Times (Aug. 8, 2015), https://www.nytimes.com/2015/08/09/opinion/sunday/exposing-abuse-on-the-factory-farm.html [https://perma.cc/2K5D-L8GU].

^ See Anne Bowen Poulin, The Jury: The Criminal Justice System’s Different Voice , 62 U. Cin. L. Rev . 1377, 1393–97 (1994) (discussing the jury’s independence and ability to speak as the “conscience of the community,” id. at 1396).

^ See Bruce Friedrich, Note, When the Regulators Refuse to Regulate: Pervasive USDA Underenforcement of the Humane Slaughter Act , 104 Geo. L . J. 197, 210–11 (2015) (discussing regulatory capture in the animal context).

^ Mona Lisa Wallace on the Case Against Smithfield Foods , Corp. Crime Rep. (Oct. 4, 2022, 8:48 AM), https://www.corporatecrimereporter.com/news/200/mona-lisa-wallace-on-the-case-against-smithfield-foods [https://perma.cc/V6J3-CG4L] (noting that “the lack of regulations and controls [on Smithfield and the pork industry] are directly related to the industry practice of lobbying, and just having so much influence”).

^ See Carlson, supra note 132; Bolotnikova, supra note 1.

^ See Model Rules of Pro. Conduct r. 1.2(d) ( Am. Bar Ass’n 2024).

^ See Winkler, supra note 66, at 1507.

^ See D’Emilio , supra note 84, at 70.

^ See D’Emilio , supra note 84, at 68.

^ See Bolotnikova, supra note 112.

^ In fact, activists tweeted live coverage of both trials from Twitter accounts devoted solely to covering each trial. See @SmithfieldTrial, Twitter , https://twitter.com/SmithfieldTrial [https://perma.cc/2EBF-9GAE]; @FosterFarmTrial, Twitter , https://twitter.com/FosterFarmTrial [https://perma.cc/SD4J-38LT].

^ Journalists have adopted the term of art “right to rescue” in their coverage of the trials. See, e.g. , Rachel Fobar, Activists Call It Rescue. Farms Call It Stealing. What Is “Open Rescue”? , Nat’l Geographic (Aug. 7, 2023), https://www.nationalgeographic.com/animals/article/activists-call-it-rescue-farms-call-it-stealing-what-is-open-rescue [https://perma.cc/US8K-4QQ7]; Bolotnikova, supra note 112.

^ See Andrew Schwartz, Animal Rights Activists Rescued Two Piglets from Slaughter. They Wanted to Get Caught. , New Republic (Feb. 23, 2022), https://newrepublic.com/article/165468/animal-rights-dxe-smithfield [https://perma.cc/YF4B-U59N].

^ Food & Water Watch, Factory Farm Nation: 2020 Edition 1 (2020).

^ See Justin Marceau, Palliative Animal Law: The War on Animal Cruelty , 134 Harv. L. Rev. F . 250, 250–51, 255 (2021).

^ See id. at 251.

^ See Bhargava Ray, supra note 18, at 671.

^ See Farah Diaz-Tello & Sara Ainsworth, The End of Roe and the Criminalization of Abortion: More of the Same for Too Many , A.B.A. (Apr. 12, 2023), https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/economic-issues-in-criminal-justice/the-end-of-roe-and-the-criminalization-of-abortion [https://perma.cc/U69S-Y4X4] (discussing the criminalization of abortion); Bobby Allyn & Michel Marizco, Jury Acquits Aid Worker Accused of Helping Border-Crossing Migrants in Arizona , NPR (Nov. 21, 2019, 2:59 PM), https://www.npr.org/2019/11/21/781658800/jury-acquits-aid-worker-accused-of-helping-border-crossing-migrants-in-arizona [https://perma.cc/A6CX-P2X8]; Amnesty Int’l, Punishing Compassion: Solidarity on Trial in Fortress Europe 39–44 (2022), https://www.amnesty.org/en/documents/eur01/1828/2020/en [https://perma.cc/UP7U-A5ZW] (discussing trials of those who aid migrants and refugees in Europe); Jeffrey A. Singer & Sophia Heimowitz, Drug Paraphernalia Laws Undermine Harm Reduction: To Reduce Overdoses and Disease, States Should Emulate Alaska , Cato Inst. (June 7, 2022), https://www.cato.org/policy-analysis/drug-paraphernalia-laws-undermine-harm-reduction-reduce-overdoses-disease-states [https://perma.cc/YZV7-SFBS] (discussing the criminalization of harm reduction strategies).

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How to Start an Animal Rescue Group

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Are you an animal lover who's interested in starting your own animal welfare organization? This comprehensive guide includes a plan for how to start an animal rescue group, including writing a mission statement, setting goals, establishing a board of directors, defining policies, rallying public support, and more.

Table of Contents What to know before you start an animal rescue group 1. Do research and preliminary planning 2. Write your mission statement 3. Set your goals 4. Establish your board of directors 5. Obtain 501(c)(3) nonprofit status  6. Set up an accounting system and budget 7. Define policies and standards 8. Take it to the public: Cultivate support in the community 9. Hold a productive first meeting 10. Recruit and develop people 11. Provide quality services for animals 12. Assess your organization's progress and make changes For more information on nonprofit management

What to know before you start an animal rescue group

When you form an animal welfare organization, you create a focal point for efforts to help the animals and an outlet for compassionate support from the public that did not exist before. Your group can become a powerful network to protect and advocate for the animals. There’s strength in numbers!

If you start out with an understanding of what will be required to make your efforts successful, you'll already be ahead of the game. While the purpose of your new organization is to help animals, all the principles that apply to running a successful business apply equally to this venture. Ultimately your organization will succeed or fail as a business.

To achieve your goals, it is essential to invest sufficient time and resources into planning, management, and fundraising. Most people understand the importance of providing quality care to animals but struggle with the administrative aspects of running the organization.

No one person must — or even can — do everything. Most successful organizations are the product of teamwork, requiring the cooperation of several people with varied skills and talents who share a dedication to the group’s purpose. One person’s interests and talents may lead them to spend most of their time on direct animal care, while someone else will need to spend most of their time on administrative tasks.

This guide will take you step by step through the process of starting an animal welfare organization. It won’t all happen neatly in this order, but generally this is what needs to be done.

1. Do research and preliminary planning

In the excitement of starting something new, it’s tempting to rush through this first step. But energy invested in research and planning early on saves at least twice the time in mistakes later.

Know the basics. If you don’t have a business background, reading even just a single book on nonprofit management can make a world of difference. Most local libraries have books on the subject, and the price is right! Talking with knowledgeable people, visiting other successful organizations, and attending workshops or seminars can help to give you a rounded perspective and prepare you for what lies ahead. As you meet and talk with others in the humane movement, you’ll also be developing a valuable support network of colleagues.

Be informed about issues. What is the scope of the problem in your own community? How can you best address it? What are the factors affecting animal overpopulation in general? What are others in the humane movement doing? How can we work together?

Talking with other humane organizations, attending conferences, and subscribing to animal-related periodicals and publications for animal welfare professionals are good ways to keep up with recent developments. It’s uplifting and energizing to learn about new ideas and meet other like-minded individuals.

Learn as much as you can about animal care. Your organization sets an example for the public. Keeping up to date on proper animal care is critically important. It’s also important to know your limits. When in doubt, refer people to experts — veterinarians, behavior specialists, and other organizations.

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2. Write your mission statement

Much of your organization’s success lies in articulating a clear and motivational mission statement for your work. This purpose should touch your heart and the hearts of those who will support your work.

Ask yourself, “Exactly what are we trying to do here?” Defining your purpose precisely in words is tremendously powerful. Your mission statement will guide all of your work; it will help you with future decision-making and help get your message across to the public.

A successful mission statement will be:

• Brief (one or two sentences)
• Clear and positive in tone
• Action- and results-oriented
• Motivational for people to support your work

Writing your mission statement also lays the groundwork for filing your corporate papers, which customarily require a statement of purpose.

3. Set your goals

Don't confuse goal-setting with your mission statement. Goals are specific statements about what you need to achieve to fulfill your mission. To make them more concrete, put your goals in writing. Focus on results and the actions needed to achieve them. Your goals should be inspiring and motivational! Whenever possible, make them measurable.

Start with your long-range goals and work back to the present. Where do you want to be in 10 years? (The answer to this question will give you your long-range goals.) What interim steps will you need to take to get there? (These are your intermediate goals.) Finally, decide which of these goals you’ll work on in the first and second years. (These are your short-range goals; you’ll want to focus on these right away.)

Once the goals are agreed upon, consider how you will accomplish them. Specifically, what programs will you develop? What will be required in terms of financial resources and people?

As you do your planning, keep in mind that it’s important to demonstrate success early on. (Remember the old adage: “Nothing succeeds like success.”) You might not want to tackle your most challenging project first; instead, hone your skills and develop the team with a more manageable project.

4. Establish your board of directors

What is the role of the board? The board of directors governs the organization. The board is responsible for establishing the direction of the organization and for its financial, ethical, and legal well-being. The board is also responsible for hiring the executive director and for ongoing oversight.

If board members also fulfill other roles within the organization, as they often do in humane organizations, they should have a clear understanding that this work is separate from their role as board members. They must respect the authority of the appointed executive director and staff with regard to daily operations.

Who should be on the board? When you are putting together the board, there are two key components to consider: the skills and talents that you need and the personalities to make your organization work.

Legal, accounting, veterinary, public relations, and business skills can all be valuable to your organization. Once you identify the types of skills needed, list potential individuals to contact. If you do not know them well, you’ll want to check them out — meet and talk with them. Also, talk with others who have worked with them in the past. Their ability to work well with others and their commitment to the core values of your organization are as important as their talents.

How do we prevent problems before they start? Horror stories of troubled boards abound: the overly aggressive individual who scares everyone else off, the nice but uninvolved person who can never make it to the meetings, the contrary person who disagrees with everything. People who have had such experiences will tell you that an ounce of prevention is definitely worth a pound of cure.

Take the time to get to know people before inviting them onto the board. Your bylaws can help with solving problems when they occur; they should allow for removal of a board member and should establish “terms of office” for them, which can provide a nonconfrontational way to end an unproductive relationship.

How many is too many? Generally, a smaller board (seven individuals or fewer) is easier to work with and is often more efficient than a larger one. The size of the board of directors must be set down in your bylaws. Most states require a minimum of three board members.

Factors to consider when selecting board members

• Will they work well with your group? (A single troublesome individual can impede progress and make everyone else miserable.)
• Do they understand and agree with the organization’s purpose and goals? Share its basic principles?
• Will they put in the time needed?
• What resources do they bring to the board?
• Will they commit to help with fundraising?

5. Obtain 501(c)(3) nonprofit status

Incorporation has several important benefits. It limits personal liability, lends credibility to your work, and enhances the status of the animals under your care. Once your group obtains 501(c)(3) nonprofit status from the IRS, donations to your work will be tax-deductible, which encourages larger gifts.

Additionally, incorporating and obtaining your tax-exempt status becomes essential as your group grows. Failure to comply with IRS tax codes and state laws relating to charitable donations can create serious problems for your group.

What to do first to obtain 501(c)(3) status: You’ll want to start by registering the corporate name and gathering the necessary paperwork. Name registration and incorporation paperwork is usually available from your secretary of state or corporation commission. Forms for filing your 501(c)(3) application are available from the Internal Revenue Service. You may also need to file with your state for a certificate to solicit donations and for sales tax exemption. This is often done through the attorney general’s office.

Where to call: You can call your state government to get the phone number for your secretary of state and attorney general’s office. Ask for information on:

• Registering the corporate name
• Incorporating a nonprofit
• Any other regulations that apply to charitable nonprofit organizations

You can also call the IRS at 800-TAX-FORM or visit its website at irs.gov.

Why bylaws are needed: Bylaws set down the framework for the governance of the organization. It’s important that the bylaws are in compliance with both your state and federal government requirements. For this reason, it’s important to do some research. “Boilerplate” bylaws are available at your local law library. Looking at other organizations’ bylaws can also be helpful. Consider the wording carefully and keep the bylaws simple.

What’s in a name? Select your organization’s name carefully. It’s possible to change a corporate name, but it’s much better to get it right the first time! Name changes can be expensive, time-consuming, and confusing to donors.

How will the name sound and what will it imply to an individual learning about your group for the first time? The name SPCA implies that the group performs cruelty investigations. The term “rescue” suggests that you provide rescue services for animals. A geographic name indicates that you only serve and raise resources from a restricted area.

Try to select a name that is:

• Distinctive
• Descriptive

Avoid names that are:

• Common (such as Adopt-a-Pet, Save-a-Pet, P.A.W.S.)
• Similar to another organization
• Very long and complicated

6. Set up an accounting system and budget

You’ll need an effective accounting system that documents income and expenses in understandable categories. If you do not have an accountant or bookkeeper, consider recruiting one to help you with this task.

First, you’ll need to create a budget. Based on your track record of spending and bringing in resources and on your plans for the next year, you can project expenses. If you’re just starting out, use your goals as a starting point for estimating expenses. Your accountant can be of help here. The budget is a guideline. You don't have to get it penny-perfect; just do the best you can. You'll get better at projections over time.

When doing your budget, do not neglect to allocate resources to fundraising. It takes money to make money!

Why go through all this? Well, there are several good reasons: First, the board and executive director need to have a clear understanding of the resources needed to make your plans work. It’s a sobering experience to realize that you have the responsibility to raise these resources.

Second, the IRS requires that you put together a budget and have a sound accounting program in place for tracking your work. Finally, large donors, particularly foundations and businesses, will want to see your budget before they consider funding you.

When your budget is done, you can clearly see what you need to raise in terms of financial resources. (Check out our other manual with animal shelter fundraising ideas .) But you still have more work to do to ensure the success and stability of the organization.

7. Define policies and standards

Defining your organization’s policies and standards is an ongoing process. If your organization is vital and growing, the policies and standards will be revised periodically. But you won't want to put off developing the initial policies for too long.

Establishing policies and standards (in writing), and sharing them with everyone involved, is a critical part of creating an environment where people can work together successfully toward a common goal. Everyone needs to know who makes decisions and what the usual procedures are.

Your policies will need to include things like the services you will routinely provide for the public, veterinary care protocol, and a listing of individuals empowered to authorize veterinary care. Such guidelines help to create stability within the organization (keeping everyone on the same track). They also give the organization credibility by helping to ensure that consistent, quality services are provided. If you need a starting place, examine other organizations’ policies and procedures.

Aren’t policies and bylaws the same thing? They shouldn’t be. While the organization’s bylaws address the framework and governance of the organization, policies and procedures address daily operations. Policies are more detailed, but they are also easier to change than the bylaws.

8. Take it to the public: Cultivate support in the community

Hold a public meeting. Once the groundwork is laid, you need to cultivate the support of the community, reach out, and involve more people. To succeed, your organization is going to need the support of many, many people. The next step is holding a public meeting, where you can explain what your group is going to accomplish.

You don’t want to throw a party and have nobody show up! Publicity is key here, so follow these steps:

Start your mailing list. Compile the addresses of your animal-loving friends, and ask all your board members and volunteers for names and addresses of people they know who might be interested. You’ll need a simple, computerized mailing-list database to keep track of these addresses.

These names and addresses (your mailing list) form the foundation of all your future fundraising efforts. (See the animal shelter fundraising ideas guide for more information on building a mailing list.)

Create a meeting notice. Send it to all the folks on your newly created mailing list. Use an eye-catching photo or drawing of an animal on the notice, and make sure that all of the following pertinent information is included:

• Who is involved
• Organization’s name, mailing address, phone number, email address
• Subject of the meeting
• When (date and time)
• Where (give the address and directions)

Also, remember to make it friendly, fun, and interesting. Will refreshments be served? Will a local celebrity or trusted community leader be there? Invite people to bring a friend.

Timing the arrival of the notice is important, too. More than three weeks prior and people forget; fewer than 10 days before the meeting and their schedules are already filled.

Put up posters. A good poster campaign is an inexpensive and highly effective way to attract people to your meeting. An 8 1/2"-by-11" poster printed on brightly colored paper with an eye-catching image of an animal will do the job.

Select locations and assign volunteers to post the notices. Vet clinics, groomers, public libraries, town halls, supermarket bulletin boards, pet supply stores, and local businesses should all be covered. To maintain good relations in the community, always ask permission before posting notices.

Contact the media. Send a news release to the local newspapers and a public service announcement to local radio stations.

Use these tips for creating publicity materials that work:

• Appearance matters. If it’s too busy, hard to read, sloppy, or dull, it won't have the desired result. Use graphics or photographs to make your materials more eye-catching.
• Accuracy counts. Have at least two people proofread all materials before they go out — letters, posters, flyers, literature about the group, everything. They should be checking for errors in spelling, grammar, and content.
• Style and tone. Avoid using guilt or a “doom-and-gloom” approach. You can present substantive information in a positive manner. Your events should sound appealing and upbeat, and your organization should be presented as a winning, successful program.

9. Hold a productive first meeting

Be aware of the goal of the first meeting. At this first meeting, it’s important to establish your credibility and to explain the program clearly and positively. While you want to convince people of the seriousness of this problem, be sure to speak in a positive tone. You must convince the attendees that this is a doable project — that they can make a difference. No one wants to get on board a sinking ship!

An unproductive meeting can be the kiss of death to a young group because the busy, productive people you need to connect with do not have time to waste. Here are some tips for organizing a successful meeting:

• State in one or two sentences exactly what you would like your meeting to accomplish.
• Prepare a written agenda. Set time limits for each item. (Provide a written copy of the agenda to each attendee.)
• Set ground rules and appoint a strong, but fair, chairperson. Their job is to maintain focus and order and to prevent the meeting from degenerating into a series of “cute animal stories” or “war stories.” After the meeting ends is the appropriate time for people to chat. (Don’t underestimate the value of personal time spent getting to know people. Many valuable connections are made informally after the meeting is over.)
• Arrange follow-up; note action items and take action.

Provide written materials. Provide handouts that people can take home, and encourage them to share the information with others. These are some of the materials you’ll want to have available at the meeting:

• Information about the program or organization
• Donation request form or flyer
• Sign-in sheet that requests the attendee’s name and mailing address
• Volunteer form that gives people the opportunity to indicate how they might be willing to help out and to inform you about any animal issues they are aware of in town
• Posters announcing the next meeting date
• Donation coin canister
• Photos of animals you have helped and photos of some who are in need of help

10. Recruit and develop people

Carefully select key volunteer staff. All of your preparation will pay off here. You want volunteers to buy into your organization's mission and goals up front.

Appoint one of your board members to spearhead your volunteer recruitment. Provide written job descriptions (these can be brief) and training, which must include the organization’s policies and procedures. Effective follow-up is as important as initial training. A good volunteer coordinator works with the volunteers on an ongoing basis to ensure that important tasks are completed on time, to get feedback, and to supply additional training as needed.

Recruit capable people. Many people approach volunteer recruitment by standing up at a meeting and asking, "OK, is anyone willing to do this?" Instead of waiting to see who volunteers, try actively selecting the person you want to do the job. This takes a bit more time, as you’ll need to get to know the individuals, but it tends to result in higher-quality help. Once you have selected the right person, call or arrange to meet, and let them know that they're just the right person for the job.

Train people. After volunteers are assigned tasks, they'll need thorough training to perform their roles effectively. Anyone in your group who provides hands-on animal care (including trapping, foster care, transport) must receive general animal health care information, complete training in the care and handling of the animals, and instruction in the proper use of equipment. 

Training should be a top priority because you must ensure the safety and well-being of the volunteers and all animals who come under your care. Everyone also needs to have an understanding of the organization’s policies and procedures.

Address problems. While you want to be tolerant of differences and develop each individual to their fullest potential, remember that the organization’s mission must come before the interests of any one person. If an individual is disruptive to many others or becomes an impediment to the organization’s mission, you can and should fire the volunteer. You do not have to accept the services of an individual who is not working within your organization’s prescribed guidelines. 

Naturally, this assumes that you have carefully and fairly examined the situation. It’s often advisable to get a partner in such decisions (perhaps a board member or program coordinator), as another perspective helps to ensure fairness and diffuse tension and blame. It might also be helpful to have a written policy about the organization’s relationship to volunteers.

11. Provide quality services for animals

Quantity without quality is destructive. Don't do more than you can do well; the animals deserve quality care. Providing good care for the animals and accurate information for the public must be top priorities in developing your programs and in selecting and training your volunteers. Take care not to expand services more quickly than your resources can support them.

Regarding veterinary care, local vets might be willing to offer discount services once your program is explained. For assistance in locating a receptive veterinarian or clinic, try contacting SPAY/USA (800-248-SPAY) and Friends of Animals (800-321-PETS) for referrals. You only need to find one willing veterinarian to start; you can always build other relationships as you grow.

Devising a reliable authorization system for vet care, keeping careful track of your expenses, and paying the veterinarians promptly are critical parts of maintaining a good reputation in the community.

12. Assess your organization's progress and make changes

The leaders of the organization are responsible for fulfilling the organization’s mission and meeting the organization’s goals. This requires periodically assessing your progress and making necessary changes to get the job done. Are you truly fulfilling your mission? Are you meeting your goals? Are the programs working?

Remember, success is an ongoing process of making adjustments.

A labor of love: Though starting an animal rescue group is labor-intensive, it's also richly rewarding on many different levels. Every adoption represents a victory in our lifesaving work. Every spay or neuter prevents many births. Every individual whom you reach with your message of compassion and caring for the animals will share the message with others. Many of your program’s volunteers will forge new friendships with others they meet at meetings and events. 

Your effort will not only help many, many of the community’s animals, but it will also build a strong alliance of people who care about animals. The ripple of compassion that you put into motion will keep on growing and growing. And that’s what it’s all about!

For more information on nonprofit management

Organizations.

Independent Sector A coalition of leading nonprofits, foundations, and corporations strengthening not-for-profit initiative, philanthropy, and citizen action independentsector.org

National Council of Nonprofits A network of state and regional associations of nonprofits representing nonprofits throughout the country councilofnonprofits.org

BoardSource The premier resource for practical information, tools and best practices, training, and leadership development for board members of nonprofits boardsource.org

Points of Light  pointsoflight.org

Nonprofit Risk Management Center A source for tools, advice, and training to control risks so you can focus on your nonprofit’s mission nonprofitrisk.org

The Nonprofit Handbook by Gary Grobman (2002)  whitehatcommunications.com/nonprofit.htm

How to Form a Nonprofit Corporation by Anthony Mancuso (2017) nolo.com

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