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NCJRS Abstract

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NCJ Number: 67370 Find in a Library
Title: BEATING CHILDREN IS AS AMERICAN AS APPLE PIE
Journal: HUMAN RIGHTS  Volume:7  Issue:1  Dated:(SPRING 1978)  Pages:24-27,48-49
Author(s): C P COHEN
Corporate Author: American Bar Assoc Press
Publications Coordinator
United States of America
Date Published: 1978
Page Count: 7
Sponsoring Agency: American Bar Assoc Press
Chicago, IL 60637
Format: Article
Language: English
Country: United States of America
Annotation: CRITICIZING THE SUPREME COURT RULING THAT CORPORAL PUNISHMENT IN PUBLIC SCHOOLS DOES NOT VIOLATE THE EIGHTH AMENDMENT, THE ARTICLE ARGUES THAT SUCH PUNISHMENT SHOULD BE ABOLISHED.
Abstract: ALTHOUGH COURT DECISIONS IN 1968 AND 1974 MADE CORPORAL PUNISHMENT ILLEGAL IN PRISONS AND TRAINING SCHOOLS, PUBLIC SCHOOL CHILDREN MAY STILL BE BEATEN LEGALLY. IN INGRAHAM V. WRIGHT, STUDENTS FROM A FLORIDA JUNIOR HIGH SCHOOL TESTIFIED THAT THEY WERE SUBJECTED TO EXTREME PHYSICAL PUNISHMENT FOR MINOR INFRACTIONS. AFTER SEVERAL APPEALS, THE SUPREME COURT DECIDED AGAINST THE CHILDREN STATING THAT THE EIGHTH AMENDMENT APPLIED ONLY TO CRIMINAL CASES. THE COURT FELT THAT COMMON LAW REMEDIES COULD INSURE DUE PROCESS TO PUBLIC SCHOOL STUDENTS, BUT IN PRACTICE, PARENTS ARE RELUCTANT TO SUE TEACHERS FOR FEAR OF JEOPARDIZING THEIR CHILD'S SCHOOL CAREER AND COURTS ARE UNSYMPATHETIC TO SUCH LAWSUITS. ALTHOUGH PUBLIC OPINION SEEMS TO FAVOR CORPORAL PUNISHMENT, STUDIES HAVE SHOWN THAT IT IS A NEGATIVE EXPERIENCE FOR STUDENTS AND EXHIBITS LINKS WITH PARENTAL CHILD ABUSE AND MENTAL ILLNESS OF TEACHERS. PHYSICAL PUNISHMENT OF STUDENTS IS AN INEFFECTIVE MEANS OF SOLVING DISCIPLINE PROBLEMS. THE NATIONAL EDUCATION ASSOCIATION HAS RECOMMENDED ALTERNATIVES, INCLUDING REST PERIODS, STUDENT-TEACHER CONTRACTS, AND SPECIAL PROJECTS. THE COURT MAINTAINED THAT CHILDREN ARE SUPPORTED BY FAMILY AND FRIENDS IN CONFLICTS WITH TEACHERS, BUT THIS IS NOT TRUE FOR JUVENILES FROM EMOTIONALLY DEPRIVED, VIOLENT HOMES. THE COURT'S WILLINGNESS TO INTRUDE ON PUBLIC SCHOOL POLICY IS DEMONSTRATED IN ITS DECISION THAT SUSPENSION FROM PUBLIC SCHOOL MUST BE PRECEDED BY A DUE PROCESS HEARING. SINCE FOUR JUSTICES DISSENTED FROM THE INGRAHAM DECISION, MODIFICATION OF PUBLIC SCHOOL CORPORAL PUNISHMENT MAY YET OCCUR. DRAWINGS ARE INCLUDED. (MJM)
Index Term(s): Constitutional Rights/Civil Liberties; Corporal punishment; Cruel and unusual punishment; Judicial decisions; Juveniles; Public schools; Right to Due Process; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67370

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