Gypsy
Super_Ideal_Rock
- Joined
- Aug 8, 2005
- Messages
- 40,225
http://xfinity.comcast.net/articles/sports-general/20140912/Vikings-Peterson.Indicted/
This is a hard one.
I do think parents should be allowed to use reasonable corporal punishment. Standard being things that don't leave a permanent or long term mark.
Whether taking a switch is reasonable though.... If it was to a clothed part of the body. I don't think I'd have a huge problem with it. If it was to an unclothed part of the body... probably would.
MINNESOTA
Parent/legal guardian/caretaker who intentionally uses unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment. Sec. 609.377.[Cr.] Parent/legal guardian/caretaker of child can use reasonable force to restrain or correct a child. Sec. 609.379.[Cr.]
http://www.stophitting.com/index.php?page=punishvsabuse
Not sure if this qualifies. It depends TO ME whether it left any permanent marks other than some minor bruising and welts. Is this this player being prosecuted because of the headlines it would garner.
What are your thoughts.
As for this: persons acting in loco parentis (in the place of a parent) had the right to discipline their children by reasonable and timely punishment, including corporal punishment. In other words, if a parent were charged with a crime such as battery, the parent could raise the defense of parental privilege and avoid criminal liability by demonstrating that his use of force against his child was a reasonable exercise of the parental right to discipline. In determining reasonableness, the law considers all of the circumstances surrounding the punishment, including the age and physical condition of the child, the severity of the punishment inflicted on the child and the gravity of the offense committed by the child. A cursory review of the cases indicates that the courts are very deferential to moderate spankings on the buttocks but are more suspicious when permanent injuries or scars are inflicted, when objects such as glass bottles and baseball bats are used and when episodes of beatings continue for prolonged periods of time. The question of whether a parent's disciplinary action is reasonable is a question for the jury.
I'm sure the lawyers will raise the defense. And honestly depending on the extent of injury to the child, I wouldn't be surprised if the charges were dismissed or it was found that his actions were reasonable.
Personally, I prefer the CA standards ove the above: "Unlawful corporal punishment or injury" is any person willfully inflicting upon a child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. Penal Code Sec. 11165.4.[Cr.]
This is a hard one.
I do think parents should be allowed to use reasonable corporal punishment. Standard being things that don't leave a permanent or long term mark.
Whether taking a switch is reasonable though.... If it was to a clothed part of the body. I don't think I'd have a huge problem with it. If it was to an unclothed part of the body... probably would.
MINNESOTA
Parent/legal guardian/caretaker who intentionally uses unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment. Sec. 609.377.[Cr.] Parent/legal guardian/caretaker of child can use reasonable force to restrain or correct a child. Sec. 609.379.[Cr.]
http://www.stophitting.com/index.php?page=punishvsabuse
Not sure if this qualifies. It depends TO ME whether it left any permanent marks other than some minor bruising and welts. Is this this player being prosecuted because of the headlines it would garner.
What are your thoughts.
As for this: persons acting in loco parentis (in the place of a parent) had the right to discipline their children by reasonable and timely punishment, including corporal punishment. In other words, if a parent were charged with a crime such as battery, the parent could raise the defense of parental privilege and avoid criminal liability by demonstrating that his use of force against his child was a reasonable exercise of the parental right to discipline. In determining reasonableness, the law considers all of the circumstances surrounding the punishment, including the age and physical condition of the child, the severity of the punishment inflicted on the child and the gravity of the offense committed by the child. A cursory review of the cases indicates that the courts are very deferential to moderate spankings on the buttocks but are more suspicious when permanent injuries or scars are inflicted, when objects such as glass bottles and baseball bats are used and when episodes of beatings continue for prolonged periods of time. The question of whether a parent's disciplinary action is reasonable is a question for the jury.
I'm sure the lawyers will raise the defense. And honestly depending on the extent of injury to the child, I wouldn't be surprised if the charges were dismissed or it was found that his actions were reasonable.
Personally, I prefer the CA standards ove the above: "Unlawful corporal punishment or injury" is any person willfully inflicting upon a child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. Penal Code Sec. 11165.4.[Cr.]