Is killing animals for religious purposes illegal?

I recently read an article http://www.cnn.com/2009/CRIME/12/30/pennsylvania.animal.remains/index.html, where the Philadelphia Police and SPCA found many dead animal carcasses in a home. Obviously, this is cruelty to animals and the owner of the house should be prosecuted. However, the article on CNN seems to intimate that if there is a religious aspect to the killing of the animals, the people cannot be convicted so long as the method in which they kill the animals isn't deemed to be cruel. What does all of this mean?

In criminal law there exists a basic premise called mens rea. For all of you television junkies, it means criminal intent. In order to be convicted of crime, the prosecutor must prove not only that you committed the act, but that you had a criminal intent at the time that you committed the act. There are exceptions to this rule such as statutory rape and driving under the influence.

Basic criminal law principals are clear that a mens rea is required. Accordingly, if the prosecution cannot show that you had some kind of criminal intent when you committed the act, you should not be convicted.

Further, in the United States, we allow great religious freedom so long as the religious freedom doesn't hurt other people or the government does not have a reasonable basis for precluding a person from practicing their religion. In the case of animal sacrifice, if the person was practicing their religion and the sacrifice comported with the religious tenants, the person should not be convicted.

As an aside, I have recently gotten some emails about whether you can be prosecuted for certain crimes. Understand that you can be prosecuted for just about anything. Whether your case goes to trial and you are ultimately convicted is an entirely different question. My answer to the above question is based solely on my opinion as to whether this person who killed the animals should be found guilty. Certainly, probably cause for arrest may have existed in this case depending on the reports about the malnourished dogs, etc. Arrest and conviction are distinguishable. Often the District Attorney wants the people to decide innocence or guilty, so they make the arrest and prosecution and let the jury decide the outcome.

While some of the images painted through the author of the article's words may be grotesque to many folks, whether the acts were criminal is an entirely different issue.

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Is an "attempt" a strike in Pennsylvania?

Just for review, a strike is defined as a crime of violence as listed in 42 Pa.C.S. § 9714: murder of the third degree, voluntary manslaughter, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson as defined in 18 Pa.C.S. § 3301(a) (relating to arson and related offenses), kidnapping, burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present, robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle.

A first strike has no immediate consequence. However, a second strike has a mandatory minimum of 10-20 years. A third strike has a mandatory minimum of 25-50 years.

If there is a dispute as to whether a prior conviction is a strike, the defendant has the right to ask for a separate hearing for the judge to determine whether the previous conviction is a strike. The district attorney has the burden. The burden is only a preponderance, not a reasonable doubt. I don't know if you are entitled to have a jury decide. My guess is that you do not have a right to jury today, but you should have that right and one day you will.

Any criminal attempt or criminal conspiracy is a strike if the underlying crime would be a strike. Solicitation can be a strike, but only if the solicitation was to murder.

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Levin & Zeiger LLP

Levin & Zeiger LLP is the premier Philadelphia Criminal Defense law firm. We are focused on providing answers to your questions and providing you with the highest level of customer service. We are experienced trial practitioners who go to court and advocate for our clients' rights.

If you or a loved one needs a seasoned Philadelphia criminal defense attorney, contact us now at (215) 825-5183, for a free consultation. If you have a basic question, fill out the form to the right, and we will respond as soon as possible.

When pleading guilty is not an option, you only have one chance so make sure you pick the best lawyer available.

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Is there a statute of limitations on probation or parole supervision fees and/or court costs?

Is there a statute of limitations on probation or parole supervision fees and/or court costs?

If the parole and/or probation occurred in Philadelphia county and the probation or parole would have terminated but for the unpaid supervision fees or court costs, you can have your lawyer file a motion to terminate the probation and have the remaining balance of payments act as a civil lien only.

The purpose of this motion would to be to terminate the probation so that you no longer have to report to the probation department or be under the supervision of the judge. The remaining balance would act as a civil judgment or lien against you forever.

If you are on state parole, I do not know the answer.

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