Spanking conviction is overturned; top state court allows reasonable force in child discipline
Massachusetts’ top court has overturned the assault conviction of a man arrested after spanking his nearly 3-year-old daughter in public.
The decision by the Supreme Judicial Court said parents may discipline their children with spanking as long as the use of force is reasonable; it is used to safeguard or promote the welfare of the child; and it doesn’t cause severe emotional distress, “gross degradation” or physical harm “beyond fleeting pain or minor, transient marks.” The Boston Globe and the Associated Press covered the June 25 opinion.
The court said there is widespread recognition of the “parental privilege defense” in state laws and common law, reinforced by U.S. Supreme Court decisions finding that parents have a constitutionally protected interest in the upbringing of their children.
The decision overturns the conviction of Jean Dorvil of Brockton. Dorvil had testified he “tapped” the girl on the butt after she refused his instruction to go to her mother.
Hat tip to How Appealing.
See also:
ABAJournal.com: “Defining the line between corporal punishment and child abuse can be tricky, say speakers”
Updated at 4:59 p.m. to correct a link.
