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The Pit Bull – Friend or Foe?

Posted under Uncategorized by hanun on May 6th, 2009 2:45 am

Is the American pit-bull terrier genetically different than other breeds?  Were they born to fight?  In Britain, pit bulls are considered dangerous creatures.  Britain’s government ministers want to ban the breed altogether.1 The main purpose for having a pit bull was not to protect the family from dangers as with Doberman pinchers and rottweilers who were bred to guard their owners.¹ Defenders believe the dog is as harmless as any other dog, but this may not be the case.  They say the owners who have the dogs have made pit bulls act this way.  Pit bulls were genetically bred to become fighting dogs.   Pit bulls head and bone structure allow them to attack, fight and kill other dogs.¹ 

According to ‘The Economist’, when talking about reasons why a dog may be dangerous, one can speculate scientifically about the chemicals that are found in the body, in general, which may encourage dogs. There are some chemicals and mechanisms which are found in the body that trigger one to attack called the RAS or Reticular Activating System.  In this system is a chemical called L-tyrosine is found which sends signals from nerve to nerve.  This chemical can be altered genetically through breeding.  Dogs which have elevated levels of L-tyrosine attack more easily.  It is suggested that pit bulls have this genetic chemical.¹    Not only does it increase attacking, but distracts a dog from feeling pain, so a dog may attack for many minutes even though someone is trying to hit them or make them release their victim.  In a certain attack a pit bull attacked someone for 15 minutes.  This involved a young girl, and the adults who were trying to help her could not beat of the dogs, even though the animal had begun to bleed.¹ 

This deflection of pain is also one of the reasons why pit bulls may attack.  Usually if dogs are in fights, they shy away from the dog that beat them, but pit bulls do not.  This may be related to endorphins which may decrease the feeling of pain.  But of course endorphins and its man-made sister, morphine, which is a pain reliever, are addicting.   The pit bull may be seeking out ways to increase their endorphins by getting into fights in order to receive the endorphins, which are also at an elevated than level than normal.  They seek ways to increase pain in order to get the endorphins which are made through fighting.¹  This sensitivity seems to be found more in pit bulls because of their reaction to receiving anesthetics.  Not only do they receive endorphins, they receive a higher amount than other dogs.  It is like morphine for human beings, it becomes addictive to the dogs, and they seem to want to fight in order to relieve these cravings.1   

In Britain, before the dog was popular, the pit bull used to be culled if it bit someone, therefore naturally modifying the behavior of the breed genetically by cutting off those dogs with a tendency to attack.  Ever since the pit bull has become a sought after pet, culling has decreased, creating an attack dog that genetically will attack more often than normal.¹ Owners do have some responsibility for a pit bulls aggressiveness.  In a pack of dogs there is always an alpha male who is in charge of being the bully or attacking.  When in a household, the dog may become the alpha male and not the owner, causing, the dog to attack.  It is recommended to teach young dogs to be submissive and obedient, yet in the case of pit bulls this may not work.¹

Certain dog breeds are sometimes made popular by movies.  Lianne George, the author, states that a case in point was Disney’s movie about Dalmatians.   She states everyone went out to buy one because of the movie and soon realized a Dalmatians temperament was not as docile as those in the movie.² This has also occurred with Doberman Pinschers.   As the fad runs out, so do the breed of dogs.  In the instance of Dobermans, Diane Jessup, an  animal control officer and canine historian based in Washington, states that, “Now you hardly ever see them”.²   Today’s dog breed of choice is now pit bulls.  We see them in rap videos and traversing the streets with no owners in sight.  They are seen walking down streets in neighborhoods in which they are considered prized possessions.²    People now fear them more because of all the attacks that are being publicized.²  In Canada, pit bulls are now banned from being bred, and those that have owners must be muzzled if outside.  This is the first time a breed has been banned over an entire province.  According to Attorney General, Michael Bryant, there are those who believe as  he does; that pit bulls are “ticking time bombs”.²  There are those who deal with animals daily who believe it is all media-based hype.  Pit bulls weren’t always the black sheep of dogs.² They use to grace American advertisements, and were examples of America’s strength.  Other use of the pit bulls image was in Buster Brown ads, and The Little Rascals series.  But now pit bulls are considered a liability, and are now the most mistreated dog in the US.  Pit bulls are chained up for most of their lives. 

In Ontario, Canada, a law was passed which banned pit bulls in the province after several attacks.  One of the stipulations of the law is that it encompasses all breeds of pit bulls, yet not all breeds of pit bulls are necessarily dangerous.² A doctor in Ontario, Canada, Dr. Gary Landsberg, an Ontario veterinarian and president of the American College of Veterinary Behaviorists, states that even if the breed was eliminated, the people, or owners, would switch to different dogs.²    In Winnipeg, this is exactly what happened.  Pit bulls were banned and attacks decreased, but Rottwieler and German shepherd attacks increased.  Landsberg says that “people who want to breed and/or own vicious dogs will simply turn to other breeds”.² People abuse pit bulls in order to make them more behaviorally mean.² “If you knew what these dogs go through, you’d be amazed that there wasn’t a pit bull fatality every day of the week.” said Diane Jessup, the veteran animal control officer.  She does not believe pit bulls are inherently mean, but are made that way by abusive owners.² People like Jessup are trying to create more fair laws that punish abusive owners and not those with other pit bull related dogs that are not aggressive.²

 

Dog Attack Statistics

 Statistics:

25% of all fatal attacks were inflicted by chained dogs. 68% of all fatal attacks were inflicted by a single dog. 79% of all fatal attacks were on children under the age of 12 occurring when the infant or child was left unsupervised with the dog. 21% of the breeds involved were Pit bulls, second were mixed breeds (16%) and third Rottweilers and German Shepherds at 13% and 9%. Most attacks were caused by unaltered males.  California topped the list as the state with the most fatalities at 47 between 1965 to 2001.

(Statistics from Karen Delise, “Fatal Dog Attacks” 1965-2001)³

 

Jimmie Mae McConnell was a Kansas City woman who feared for her safety at her own home.5 She was killed when a neighbors’ two Pit Bulls attacked her while she was gardening.  Her last plea was a phone call to her son-in-law to call the police.  She died at a local hospital soon after.  A friend of hers stated that McConnell said that “[O]ne of these days those dogs are going to get me”. 5 One dog was tranquilized and another retrieved from a neighbor’s house after getting a search warrant. 5 Most of the households in that area stated that the dogs belonged to those neighbors, which were next door.  Though police had not identified the breed of the dogs, most of the neighbors agreed they were pit bulls, which are not allowed in Kansas City, Kansas. 5

The Center for Disease Control in the ‘State Legislatures’ journal states that 12 people are killed and 5 million bitten per year.4  Policymakers in at least 29 states have laws which deal with dangerous dogs.  Most states create t
hese laws after a trial in court with an animal officer present.4 In Ohio, all pit bulls are barred.  Usually a dog in any other state would be banned if they attacked someone, but not because of what breed it is, as in Ohio.4 In other states, it is unlawful to ban a dog because of its breed, but Denver, Colorado is fighting to do just that.  They have been successful in overturning the states statute, which bans breed-specific legislation. 4 At this point in time, most states have enacted a law which shields owners from liability for the first dog bite, but makes them accountable for the second and on. 4

           

 

Dog Attack Laws

 

As mentioned earlier, Colorado overturned a state statute made in 2004 to ban breed-specific dogs.  The statute was overturned after a 3 year old and 59 year old minister were killed.6 At this point in time, any Pit-bull related dog or even a dog that looks like a pit bull will be euthanized. 6 Many other states are thinking about following in line. 6

This approach has sparked some controversy.  Two-hundred or more pit bull type dogs have been euthanized in Houston.7 This type of legislation has only grown more prevalent.  For example, the consequences of owning a pit bull are severe penalties, or the state will ban the breed. 7 Laws in Houston which occurred in August of 2006, which included creating fines for owners and banning pit bulls, has created the most number of euthanized dogs ever. 7 Many states, including California will not ban dogs based on breed. Because of the mauling of McConnell in Kansas and 3 men in Missouri, these two states are considering following the lead of Ohio and banning breeds states Janna Goodwin of the National Conference of State Legislatures. 7 Ledy VanKavage, an attorney with the ASPCA, states that they want to protect people from dangerous dogs, but labeling pit bulls as evil dogs is not fair, “any dog can bite”. 7 Cities are taking action against pit bulls in less harsh ways.  Ron Boyer, an assistant director of health in Missouri, states that their plan is to have all pit bulls registered.  This was in response to a number of children who had been mauled. He states that this requirement is “an immediate mechanism to deal with the problem”. 7 The City Council of Kansas, MO created a law in which Missouri can have a non-lethal way of tracking dogs, such as having them altered, or having owners put up fences and record who gets the puppies of that dog.  Other states have followed suit, including Kansas, and Illinois.  The governor of Missouri believes this will create stricter laws for those who own pit bulls.  But Shawn Webster, a veterinarian and state representative in Ohio, states that pit bulls are not genetically prone to attacks, and states that they are “great family pets”.7 

Researchers at the University of Pittsburgh held a study and found that not only have states begun enacting laws which ban certain breeds of dogs, but insurance companies have also.   In 1996, a well-known insurance company, State Farm, gave out 80 billion dollars to people who had been attacked by dogs, 30% of all of its medical payments.    This has in turn caused insurance companies to refrain from giving out insurance to owners of attack-prone dogs.  It has been said that the media has created this idea that certain dogs are inherently vicious.8  An article from American Law Reports Fourth states that certain pit bull dogs are the “natural enemy of humanity…and are never completely predictable”. 8 In Lynn city in Massachusettes, to the Lynn ordinance was passed which stated that all pit bulls were to be regulated strictly.  Yet, it has not been possible for animal control officers or owners to directly pinpoint which type of pit bulls are vicious or not.   There are different types of pit bulls including, “American Staffordshire, Staffordshire Pit Bull Terrier, Bull Terrier or any mixture thereof”. 8 But those dogs are difficult to name as a certain breed and therefore the ordinance of a state to provide limitation on owners of certain dogs was not lawful. 8

Courtney Frank, a spokeswoman for the Houston Humane Society said that “there was no redemption for pit bulls raised to fight.”7 Frank stated that this has increased the negative connotations we think of when dealing with pit bulls (e.g.  killing people, etc.)   Frank does not believe that the dogs were inherently bad, but that their owners were to blame for putting them in dog fights.  Over half of US states have some kind of ordinances dealing with vicious dogs according to the American Society for Prevention of Cruelty to Animals. 7   

Dog Behavior

A dog psychologist, Cesar Millan, deals with dogs everyday.  He even grew up on a farm and was raised with a pack of dogs.  Instead of blaming the dogs, he blames their owners.  He states it has to do with the dogs being spoiled by their owners, and in return the dogs have gone against them. Millan believes dogs need to be returned to their pack oriented history.  He takes a group of dogs on walks in order to reacquaint them with this, and tries to make them see that the owner is in control, and not them.9   Mordecai and Margolis, authors of a book about aggressive dog behavior, state that dogs are relatives of wolves, and therefore do share some of their traits.  This includes the need for survival, dominance, and territory.10

 

Dog Fights

             Are the bones of pit bulls and greyhounds different?  David Carrier, the author of ‘Functional trade-offs in the limb bones of dogs…running versus fighting’ hypothesized, that one type of bone may be for fighting, while another type may be for running. He wondered had artificial selection by humans caused this effect in dogs.  He assembled a team and decided to test this out.  He put both pit bull bones and greyhound bones on a machine that would break the bones at a certain pressure.  The results were that greyhound bones were less likely to break than pit-bull bones under pressure.10 On the other hand; the pit bull bones absorbed two times more energy than those of greyhounds.  Those of pit bulls were of greater strength than those of greyhounds, therefore concluding that there were differences in bone structure.  One bone structure was better for fighting and the other better for running.11

 

Conclusion

Are pit bulls friend or foe?  Some believe unfit owners abuse their dogs and this why they attack others.  Other people believe the dog is a boon to society.  They are regarded as a genetic mistake, unable to be readmitted into society, they are euthanized.  Teaching any dog to fight will make them dangerous to others.  But are all pit bulls bred to fight? What about those that are not, and attack anyway?  Pit bulls should then be considered inherently dangerous to people. Noting that the main victims of these attacks are young children, there should indeed be safety specific measures which will prevent these catastrophes from happening.  Should they be euthanized?  This probably goes against the law that deals with domesticated animals and our relationship with them.  Adults with small children should not allow this dog to cohabitate with them.  On the other hand, if a person wants to own one of these dogs, it should be allowed because even tigers and wolves are pets to some.  With strict regulations and humane treatment, these dogs can be a part of our society, but should not be regarded as safe and non-threatening. 

 

 

 

 

References

 

 

 

1″Killer genes ate my dog.” Economist Vol. 319 Issue 7709, p83-83, 2/3p, 1bw (1991) 21 October 2006. Academic Search Elite

 

2George, Lianne.  “Pit Bull, Bum Rap?” Maclean’s 117 no. 46, 112, 114 (2004)

 

3″Fatal Dog Attacks” The Stories Behind the Statistics. K
aren Delise. 

 

4″One Bite and Fido’s Out”. State Legislatures, Vol. 32, Issue 5 (2006) 16 October 2006. Academic Search Elite

 

5″Dog Attack, Kansas City Woman Killed”. Jet. 110, no. 6, 13, (2006)

 

6″Breed-specific dog bans”.  American City & County. 120 no. 10, (2005)

 

7Jones, Charisse. “Laws address dogs’ potential for danger”. USA Today, (2006)

Academic Search Elite.  16 October 2006, Pg. 03a.

 

8Wapner, Matt, JD, and Wilson, James F. DVM, JD. “Are laws prohibiting ownership of pit bull-type dogs legally enforceable?” October 2006. JAVMA, Vol. 216, No. 10, (2000): p1552-1554.

 

9″Ruffing It.” People. Vol. 58, Issue 24, p199, 1p, 1c (2002)17 October 2006

 

10Siegal, Mordecai, and Matthew Margolis.  “GRRR!: The Complete Guide to Understanding and Preventing Aggressive Behavior in Dogs”.  Little, Brown and Company, Boston. 2000

 

11″Pit Bull Is Top Dog In A Fight” Journal of Experimental Biology. 208, 0iii, (2005)21 October 2006

 

 

 

 

 

 

Expunging Criminal Histories in Illinois

Posted under Uncategorized by hanun on May 4th, 2009 9:16 am

EXPUNGEMENT OF CRIMINAL CASES IN ILLINOIS

            The arrest record of anyone ever arrested remains available to the public unless it is expunged.  This is true even if the case is dismissed or there is a verdict of not guilty.   

Expunged or Sealed:  Most criminal records without convictions can be expunged or sealed and even some records with convictions may be expunged or sealed.  When a record is expunged, it is erased, as if it never existed.  When a record is sealed, only law enforcement may view it.  Others, such as the general public, may not.  A record is best expunged, but is still beneficial to have it sealed.  For a record to be expunged or sealed, it must qualify. 

 

Necessary Information:  To start the process of expunging or sealing a criminal record, it is best to locate all the paperwork relating to the case or cases.  The following information is needed: 

·        Defendant’s contact information

·        Case number

·        What happened in court – a guilty plea, dismissal, etc.  This is called the “disposition” on the court record and it can be found at the courthouse where the case was heard.

·        Date of arrest

·        Agency or Police Department conducting the arrest. 

 

Additionally, it may be necessary to obtain a criminal history. Criminal histories can be obtained from the following places:

·        Illinois State Police, Bureau of Identification,

                               260 North Chicago Street, Joliet IL 60432,                   ·        The FBI, U.S. Department of Justice,                                1000 Custer Hollow Road, Clarksburg WV 26306.                 ·        The circuit clerk of the court where your case was handled. The clerks only have records for their counties not for the entire country or the State of Illinois.  Information for Illinois Circuit Clerks can be found at: http://www.state.il.us/court/CircuitCourt/CircuitCourtJudges/CCC_District.asp

            Records that can be Expunged:  To determine whether a record qualifies to be expunged or sealed, it is best to consult an experienced expungement attorney.  Some qualifying situations are listed below:

·        If the defendant was acquitted, released without conviction, found not guilty or   there was a no probable cause finding, or nolle prosequi (dismissed by the State’s Attorney).

·         Most cases qualify if there was *supervision ordered AND two years have passed since the successful completion of supervision.  The cases listed below require five years.

·        Cases in which an order of supervision or terminating probation was entered AND at least five years have passed since termination.  This applies to the following:

o       Uninsured motor vehicle

o       Suspended registration for non-insurance

o       Display of false insurance

o       Reckless driving

o       Retail theft

o       Certain cases involving Cannabis/Marijuana and Drugs and Alcohol.

·        Cases in which a conviction or sentence has been set aside and the court later determines you are factually innocent

·        Cases in which the governor has issued a pardon

 

Records that cannot be Expunged: 

·        A finding of guilt, with judgment on the finding, based on either a plea or verdict resulting in a sentence.  This does not apply to probation under the Cannabis, Controlled Substances, Steroid Control, or Alcohol and Drug Dependency Acts.

·        Probation (except under the acts listed above)

·        Supervision or conviction of a sexual offense against a minor under 18 years of age

·        Conditional discharge

·        DUI supervision

 Records that can be Sealed:   Below are some general requirements to have a record sealed.  However, to make sure, it is best to consult an attorney.

·        An adult or a minor prosecuted as an adult for a misdemeanor or municipal ordinance violation, and the defendant:

o       Was Acquitted  (Found Not Guilty)

o       Was Released without being convicted

o       Had a conviction was reversed either on appeal or by the trial judge

o       Received supervision for a misdemeanor AND had no convictions AND was not placed on supervision for a misdemeanor for three years following the termination of the case you are seeking to seal.

o       Had a case that was a qualifying Class 4 felony (possession of marijuana, possession of a controlled substance, and prostitution).

o       Received a misdemeanor conviction AND had no convictions or supervisions for a felony or misdemeanor for four years following your sentence.

·       Court Supervision may follow a guilty plea or a finding of guilt after trial. Supervision, if ordered by the judge and successfully completed, means there is not a record of conviction on the charge.  It should be noted that while supervision does not constitute a conviction, the supervision itself will stay on your public record unless expunged or sealed.  Court Supervision is like a continuance, pending the defendant’s good conduct, with dismissal of the charges upon acceptable compliance.  If the conditions are complied with, there is no conviction.  Supervision can be for up to two years and eliigibility for expunging or sealing does not begin until two or five years after the supervision is over.

If you have further questions about Illinois Expungement Law, please go to:

http://shestokas.com/Ask_an_Attorney.html     

Only matters charged as crimes or business offenses are covered by the information on this page.  Traffic tickets, divorces, or orders of protection are not covered by the rules above.

 

                                                                                          © 2008 Shestokas, Raines & Malavia

A Detail Guide to a Romantic Vacation in Illinois

Posted under Uncategorized by hanun on May 1st, 2009 7:59 pm

If you are hunting endlessly for a romantic vacation in Midwest to escape from the hustle and bustle of the city life or to spend more time with some one special, then Illinois is the place for you as it combines the best of the modern world and breathtaking natural wonders and serene environment.

The following are the best destinations for a romantic getaway vacation in Illinois:

Chicago

Couples will fall unquestionably in love all over again in this windy city. Although a modern and progressive city, there are still many areas where lovers can find their escape and privacy. Places that you must visit in Chicago are the Millennium Park Ice Rink, where you and your beloved can skate for free the whole night through; the Navy Pier, where you can join a cruise or simply ride the Ferris Wheel to get a good view of the city; and the Kiva Day Spa or Peninsula Spa, where you can enjoy utmost relaxation is a luxurious setting.

Aside from cruising, you must also visit art museums and enjoy a horse-pulled carriage ride, which will bring you to different romantic destinations in the city. For a spectacular dining experience, visit The Signature Room, which is located in the 95th floor of the John Hancock Building, for a bird’s eye view of magnificent Chicago landscape. Other restaurants and bars that couples should try while in Chicago are Spiagga, an Italian restaurant, Champagne/ Pop Jazz Club, for a sparkling night of music and dancing, and Geja’s, a petit cafe situated in Lincoln Park where you and your loved one can snuggle while enjoying a fondue fair.

Northern Region

One of the most romantic towns in Illinois, if not the whole country, is Galena. The minute you step on Galena, you will already feel romance in the air. With both luxurious and cozy accommodations and different romantic activities to participate in, you and your partner will certainly have utmost relaxation and unforgettable experience in Galena.

The first thing that should be in your itinerary when you visit Galena is the wineries, where you and your beloved could enjoy wine tasting. Other places that you must visit are the Galena River Trail and the Apple River Canyon State Park, where you can go hiking and bird watching. Horseback riding and a cruise on the Mississippi River are also activities you must not forget to try while in Galena.

If you are the daring type of couple, there are numerous outdoor activities you can do in Ottawa, Oglesby and Utica parts of Illinois. Try sky diving, hiking and swimming in the Matthiessen and Starved Rock State Parks, white-water rafting or river cruises, and other water-fun activities.

West

Couples who are not only interested in cuddling, but also in historical places will surely have the time of their lives in the western area of Illinois. Drop a visit to the home of Carl Sandburg, a famous Illinois-borne author, or President Ronald Reagan’s elementary school and ancestral home. Museums and art centers are also abundant in this part of the state. Be sure to try out famous restaurants in the area, including Alexander’s Steakhouse, Chez Willy’s and Rhythm Kitchen Music Cafe.

Southwest

Lovers who enjoy nature and at the same time the exquisite things in life usually choose a reclusion destination in the Southwest of Illinois. In this part of the state, you can follow a trail of wineries, including Schorr Lake Vineyard, and Ravissant, Hidden Lake, and Log Cabin wineries, and at the same time enjoy outdoor and recreational activities, such as hiking or sailing on Carlyle Lake. Historical places, such as the Cahokia Courthouse and Mound, Fort de Chartes, Jarrot Mansion, and Old Chain of Rock Bridge are ideal for those who like to learn from what the past has to offer.

For nightlife lovers, be sure to visit Casino Queen Hotel & Casino, which is along the Mississippi River, for fine dining pleasures or trying your luck with various table games and slot machines. Main Street Jazz And Blues, Friday’s South, and Popeye’s Chophouse are some of the best restaurants and bars in the Southwest.

Chicagoland

you are in for a treat in the so-called Chicagoland if you want to combine cuddling and nuzzling with discovering and exploring. Museums, art centers and theaters are abundant in this area. You and your special someone should not miss the homes and museums of famous and important persons, including Ernest Hemingway, Billy Graham, and Frank Lloyd Wright. To make your wife or girlfriend happy, be sure to pass by the Lizzardo Museum of Lapidary Art, a museum of gemstones and jewelries both ancient and new.