NCJ Number
174758
Journal
Santa Clara Law Review Volume: 36 (1996) Issue: Dated: Pages: 983-1023
Date Published
1996
Length
41 pages
Annotation
This article explores how the law deals with the conflicting social policies of family integrity, including the freedom for parents to discipline their children as they see fit, and the prevention of child abuse.
Abstract
Many parents believe that their children will not grow up to be law-abiding or ethical adults without firm correction during their childhood. On the other hand, more than 2,000 children die each year as a result of abuse by parents, while tens of thousands more are seriously injured as the result of excessive discipline. The article explores the different types of legal proceedings in which the issue of corporal punishment arises, and addresses changing American attitudes toward corporal punishment and the reasons that there has been less tolerance for such punishment in the latter half of the 20th century. The article suggests that corporal punishment with respect to all children under the age of five be declared illegal in the United States, but that no criminal penalty be attached to violations of this law. Several European countries have taken this approach, with the result that corporal punishment, child deaths and serious injuries to children in those jurisdictions have been reduced without affecting parents' ability to raise children effectively. Notes, table, appendix