Dogs Who Accompany Legal Witnesses to the Stand
Posted on June 15, 2009 by Nancy Houser
Dogs who accompany legal witnesses to the stand in a courthouse setting may do so under specific conditions. These conditions vary but typically involve young witnesses or those who have been through severe violence or trauma, leaving the witness emotionally unable to take the witness stand. Occasionally the dog could be used as a comment against the witness, causing the witness instead to be labeled as a victim. Such a condition develops when the term “therapy dog” is used for the courthouse dog in question, which should be avoided when making out the witness list in advance. During trial, an appellate issue could be raised which states that the dog’s human partner is in need of physical or psychiatric therapy, preventing them from being a stable witness against the accused.
(STATE OF MISSISSIPPI VS CAUSE NO. 3610-JIMMY TATUM DEFENDANT)
We would object in that if this were a seeing eye dog or some type necessary animal for someone to use for one of their senses then we would not object, but in this particular instance it is not that reason and therefore we would object to bringing the dog in the courtroom.
The term “therapy dog” is considered a term used only in the medical and psychiatric fields…not the legal field. And we should not confuse the terms “dog expert witnesses” or “dogs who ARE expert witnesses” with “dogs who accompany legal witnesses” to the stand, as each one has an entirely different meaning.
TYPES OF DOGS WHO ACCOMPANY LEGAL WITNESSES TO THE STAND
Dogs who are allowed to accompany a legal witness to the stand are those who are highly trained facility dogs. This involves a dog who can reduce stress for the witness so they can adequately testify, with the dog quiet and unobtrusive beside them. The accompanying dog to the legal witness should be able to quietly sit or lie down for extended durations of time, providing emotional support by their presence and their previous relationship with the witness.
In some cases, the judge has ruled in cases that the dog be allowed to remain by the witness, yet out of sight of the jurors in case it would provide a distraction to them. Any dog who misbehaves causes a mistrial or prevents the dog from accompanying the nervous witness, which may prevent the witness from adequately speaking and preventing them from being an important witness against the accused.
ACCEPTANCE OF COURTHOUSE DOGS
Typically, most people do not have problems with dogs who accompany legal witnesses to the stand, as someone like a defense attorney may be able to use the dog for his personal cross-examination as the witness may be more apt to remain focused with their “friend” close by. And most individuals of the jury will not find the dog’s presence inappropriate or distracting during the trial, as one of the requirements for a dog who accompanies a legal witness is they remain calm and well-mannered while able to remain as such for long periods of time.
Most individuals in the legal field recognize that dogs provide additional support for younger witnesses and witnesses who have undergone severe trauma, allowing the witness to remain calm during the trial with their comfort nearby which helps both legal sides obtain their target.
VALYSS, THE FIRST COURTHOUSE DOG CASE
In the state of Mississippi on February 27, 1992, the first dog ever allowed in a court case was a German Shepherd dog by the name of Valyss for case 3610. Presiding were the Honorable Jim Kelly, John Robbins and Rick Mitchell. The case involved a seven-year old young person who needed the comfort of the 90-pound dog, Valyss (owned by the Advocacy Center of Jackson, Mississippi), who had been with her throughout counseling sessions. The animal represented security due to it size and being a dog, instead of a small teddy bear or favorite toy. The dog allowed the witness to be comfortable in court as the animal has been present with the seven-year old during the most stressful counseling sessions regarding the traumatic event. This was considered the first ground-breaking event for dogs who accompany legal witnesses to the stand in courtrooms, which is still being used today.
RESOURCES:
Using a Facility Dog in the Courtroom
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