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Dog and Breed-Specific Legislation

 

            Breed Specific Legislation is a newer idea that needs to be better addressed by law makers and authors that care about this subject. There are not enough scholarly journals about the subject of breed specific legislations. Most material that can be found is written through newspapers, which are not reliable. Also a lot of the information is one sided, meaning that it is very hard to find information in favor of breed specific legislation. The strongest material that is in favor of BSL are the laws and legislation that are created because of things that happen. BSL can affect our world in many different ways. Breed-Specific Legislation or BSL, is a law or ban that is directed toward a specific breed(s) of dogs, or exotic animals. BSL is mostly focused on dogs that have been deemed "dangerous." These include dogs that have shown violent traits or have had negative incidents. Generally there are two constitutional issues with BSL's, they are equal protection, and due process. Equal protection was ratified into the constitution through the 14th amendment and it prohibits states from denying any person within its jurisdiction the equal protection of the laws. How does this have anything to do with BSL's? Well these legislations and regulations placed on certain animals or certain breeds do not fit with equal protection. BSL's are normally created after an incident happens. How can equal protection apply if one person's dog bites someone and another person's dog is blamed? These dogs could be different species altogether but people's rights are being violated if they are not able to choose the type of dog they would like to have or are limited on their choice. The other constitutional concern is due process. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." This statement within the constitution clearly states that a person must receive a fair trial before any of their other rights are violated.


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