Exonerating the Innocent: Habeas for Nonhuman Animals
Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent, Cambridge University, 2017
23 Pages Posted: 9 May 2018
Date Written: May 9, 2018
It is hard to conceive of a greater blemish on our justice system than the punishment of innocent persons. The idea of imprisoning or executing an innocent person almost defies the human capacity for empathy; it is nearly impossible to imagine oneself in such circumstances. Advances in science and the work of non-profits like the Innocence Project have made the exoneration of more than 300 people possible. And while the struggle to liberate unjustly incarcerated persons must continue, and should be accelerated, the cruelty of punishing innocents is not limited to the incarceration of human animals. It is time to consider the need to liberate at least some nonhuman animals from the most horrible confinement. These nonhuman animals are unquestionably innocent, their conditions of confinement, at least in some cases, are uniquely depraved; and their cognitive functioning, much less their ability to suffer, rivals that of humans. It is time to seriously consider habeas type remedies for nonhuman beings.
Suggested Citation: Suggested Citation