Trajectories of Physical Discipline: Early Childhood Antecedents and Developmental Outcomes. Johnson Kandice K. Crime or Punishment: The Parental Corporal Punishment DefenseReasonable and Necessary, or Excused Abuse? Together to #ENDviolence: Leaders' Statement. Studies have revealed that spanking has less-deleterious effects in Kenya and India, where it is ubiquitous, than in China and Thailand, where it is relatively rare.183 Ironically, as corporal punishment becomes less common in American society, parents who continue to engage in this practice may find that it begins to have stronger adverse effects on their children.184. Routine childhood injuries, whether these are physical or emotional, are not what maltreatment law was or ought to be designed to address. The issues of discipline and punishment always arise in any consideration of child physical abuse because this is the primary justification given as reason to beat, burn or cut a child. An official website of the United States government. Dodge and Doriane Lambelet Coleman with a county CPS supervisor, Durham County, N.C. (Feb. 16, 2009) (on file with L & CP); interview by Kenneth A. assessment of violent acts; corporal punishment; lifetime; parental physical abuse Buss-Perry aggression questionnaire. Some of the following recommendations reflect existing best practices in statutory language and court or CPS practice. 2006). A claim that the state has violated a parents right to use corporal punishment to discipline a child would be brought under the common-law or statutory-discipline exception relevant to the proceedings in issue, that is, tort law, criminal law, or civil-maltreatment law. Part III described the normative and scientific assumptions that sometimes operate in tandem and sometimes compete for primacy as this line is drawn, in particular by the courts and CPS. Formalizing the requirement that parents raise the corporal-punishment exception and provide some supporting evidence as to both prongs of the standard is appropriate within this context because parents would be reminded that the right to use corporal punishment is a special privilege, an exception to the usual rule that assault and battery are impermissible. Ordinary Physical Punishment: Is it Harmful? Rodriguez CM, Brrig J P, Gracia E, Lila M. Children (Basel). Ark. Several legal scholars and student commentators have contributed to this evaluation over the years since states first began enacting mandatory reporting laws. In contemporary American society, which values both parental autonomy and healthy child development, it makes good policy sense to respect parents decisions about disciplining their children and to permit intervention in the family only when children are harmed or in jeopardy of harm. Constitutional Law: Principles And Policies. Although these three areas of law have some different objectives and concerns, there is merit to a jurisdictions considering adoption of a single unified rule, as doing so would send a consistent message to the relevant legal actorsincluding parents, CPS, and judgesabout the states position on corporal punishment. No scientific or case evidence can identify with absolute accuracy the precise point at which corporal punishment becomes abuse.
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