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Corporal Punishment Laws

Corporal punishment has been around for centuries, but in today’s society there are laws that are based on and around corporal punishment. Since each state differs many questions arise about corporal punishment and the answers may vary. For instance one of the main questions is-“what is the definition of corporal punishment”? Questions such as this and other common questions regarding corporal punishment are answered below.

What is corporal punishment?

Corporal punishment is the purposeful use of pain as a disciplinary action to correct bad behavior. This is typically this refers to systematically striking the wrongdoer with an object. There are three types of corporal punishment: domestic, educational, and judicial. Domestic pertains to the family unit, and is a typically parent disciplining children. Educational pertains to within the education system, teachers or school administration such as a principal, disciplining a student. Judicial pertains to criminal sentencing handed down by a court of law. A corporal punishment can be a complex topic, many individuals are unaware of the corporal punishment nor the effects corporal punishments carry. Read below to find five top commonly asked questions regarding corporal punishments answered by Experts.

Is it legal to use corporal punishment on a spouse in Texas or any other state?

As of right now, there is no specific valid law that permits corporal punishment against a spouse in any of the states in the USA. Any type of physical force, spanking, hitting, punching, kicking, biting, could be considered assault and the perpetrator could be arrested for domestic abuse and violence.

What are the sentences for corporal punishment? Is spanking considered corporal punishment if no injury is incurred?

The sentences are up to the judge who will make a determination based on the circumstances. It is not intended by the law to keep parents from using reasonable methods of discipline. Reasonable and age appropriate spankings without evidence of serious physical injury is not included in serious physical harm. “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.

Is corporal punishment still used in the educational system?

In many states corporal punishment is still used in the education system; though it is true that educational corporal punishment is not legal in all states. Most schools will not use corporal punishment without the parent’s written consent. It is also more prevalent in the private sector than in the public sector.

Who has the right to use corporal punishment?

In some states, parents have the right to use corporal punishment as well as school teachers, school administrators, and other child custodians like baby sitters and/or other family members. Each state law may be different which would mean that some that is listed may be able to use corporal punishment in one state and may not be able to in another.

Corporal punishment is a somewhat controversial topic with many advocates and many protesters. Due to this it is important to know what the laws are regarding corporal punishment. The best way to get the information needed is to ask Experts that know the laws.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2436
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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