The End of Corporal Punishment As We Know It

 

                                                         By:  Ed Adams l0/9/09

 

Objective:  The objective of this article is to high-light the changes in  law and school policies that have affected corporal punishment for children.

 

Summary:  While some corporal punishment is still allowed, it is no longer fully protected by law.  This article presents a discussion of the guidelines for the use of any corporal punishment.

 

Corporal punishment is still being administered in schools and in homes.  Some people believe that it is the only way to discipline children when they are being unruly.  However, the legal allowable methods have changed drastically.

 

"Spare the rod, and spoil the child" ws not only a catchy maxim, but a belief held by many people in the l900's.  Many instruments were used including paddles, belts, rulers, and the ones I feared most, the switches.  I remember, not fondly, having to cut my own switch for my mother to use.  Corporal punishment was accepted and expected.

 

Schools were given the right to use corporal punishment and did so on a regular basis.  Paddling was the preferred choice.  Parochial students may remember the rulers across the knuckles administered by the nuns.

 

Whatever your feelings about corporal punishment, most of these practices have now been limited or prohibited.

 

Several state school boards have prohibited the use of corporal punishment in government schools.  Private schools allow it but only with the consent of the parents.  Parents of course, can continue to use corporal punishment as a disciplinary tactic with certain cautions.

 

Most state laws make it a felony to maliciously cause a child under the age of eighteen cruel or excessive physical or mental pain.  The old practice of allowing parents or any person in authority to cause bruising, welts, or other physical marks is no longer being tolerated.

 

In addition, many states have adopted laws making it a crime for care-givers such as nurses, teachers, and doctors to avid reporting suspected injuries to children.  Also, if a spouse is a witness to excessive punishment that causes injuries, he or she has a duty to seek medical treatment.  If they do not do so they can be charged with a crime.

 

I have noticed a large increase in the number of cases that involve cruelty to children through the use of excessive force.  In my practice I am representing a step-mother who is charged with aggravated assault.  She allegedly hit her step-daughter with a yard stick, causing minor bruising and a cut.  The child complained to her teacher and the authorities were called.  In the recent past, the pain inflicted would not have warranted a legal charge to be filed.  That has now changed.

 

Many of us believe the saying, "spare the rod, and spoil the child" is correct.  People believe that children need to be hit in order to gain their attention and that the world would be better if we held to this idea.  That belief may or may not be true.  The fact remains that excessive force  is no longer tolerated in today's society.   Most people mean well when they discipline their children.  However,  what was once popular is now suspect.  If you must use corporal punishment, be careful that it is within the legal limits.