Many lawyers probably remember the days when they unwillingly sat in their Torts class and discussed the topic of corporal punishment. What an interesting topic it is. About 25 years ago a survey of all public schools would likely reveal the use of corporal punishment by teachers to tame unruly students. This was considered a 'normal' part of the school day for many teachers and students, and was not considered battery. After many threatened lawsuits by parents, such as the infamous Ingraham v. Wright case, and research indicating that its use was not very effective in curtailing bad behavior, many schools abandoned the corporal punishment approach to student discipline.
However, if you think back to those days in your law school class, most of you probably remember a few students claiming that such practices had in fact been used on them. These students were probably from the great state of Texas, or somewhere else in the south, where corporal punishment is still being used today. So maybe times haven't exactly changed. In fact, according to the Center for Effective Discipline, 20 states still utilize this method of disciple. Yikes!
Corporal Punishment Today
The practice of corporal punishment recently came under scrutiny when a high school student in Wichita Falls, Texas, was apparently swatted by the principal for skipping detention. Apparently the principal laid the student across his knee and gave him a good old' beating, about three times that is. The swats, which came from a paddle, left such deep bruises on the teen that he actually ended up in the hospital. Many people are probably saying that these disciplinary measures seem rather ancient, and they are right. Then again, remember that this did happen in Texas.
Now the student's mother is raising a big fuss about the incident, which has in turn prompted advocates to declare the need for the end of corporal punishment. Instead of being permitted to use corporal punishment on any student, advocates are arguing that it should only be used on the students who receive parental permission. What happened to the argument that hitting children with paddles constituted child abuse punishable by law? Apparently in those states still using corporal punishment there have not been enough lawsuits threatened.
Advocates For Use of Corporal Punishment
Opposing the advocates for a ban on corporal punishment is Texas Senator Vernon D. Asbill who worries that a ban on corporal punishment in schools would make it harder for teachers to control their students. Although high schools kids can be rather unruly, it seems that there must be a better method than corporal punishment, right? Even parents of students in states where a ban will likely never happen have started to raise concerns over the use of this practice. Particularly, in Mississippi where corporal punishment is still used, a family has filed a federal lawsuit alleging that use of corporal punishment is unconstitutional because it is not evenly applied to both boys and girls.
Although there are many advocates for the use of corporal punishment in schools, there is no doubt that this practice can sometimes be mishandled. If a student is paddled for misbehaving, and as a result of the paddle faints and breaks his jaw, the punishment seems to have outweighed the crime. Should corporal punishment be the method used by schools to ensure that students are behaving? We shall see what the courts in those states say on this matter.
Sources
- Dan Frosch, Corporal Punishment On the Way Out, The Bulletin.
- Dan Frosch, Schools Under Pressure to Spare the Rod Forever, NY Times.
- Virginia Lee, A Legal Analysis of Ingraham v. Wright, Corporal Punishment in America Education.
- October 5, 2006, Court: School Official Not Absuer, The Associated Press.
- State Laws in U.S. on Corporal Punishment (as of 2008).
- Holloman v. Harland and Allared and Walker County Board of Education, U.S. Court of Appeals,, 2004.
- Fee & Fee v. Herndon et. al., U.S. Court of Appeals, 1990.
- Doe v. Hech, U.S. Court of Appeals, 2003.
- Duncan v. Chablee & Leake County School District, 1999.
- Blascovich v. Shamokin Area School District, 1980.
Melody Sabedra - I am an a young female attorney living in Atlanta. I live in the suburbs, work in the city, have a fiance, and love my 2 dogs. I am ...
