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Appellate court addresses parental privilege in 2 opinions

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In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.

In Trinda Barocas v. State of Indiana, No. 49A02-1007-CR-732, special education teacher Trinda Barocas appealed her conviction of Class B misdemeanor for “flicking” the tongue of a student with Down syndrome. Barocas had twice told the student to put her tongue back in her mouth and when she didn’t, Barocas flicked her tongue, causing the student to wail and cry.

Barocas argued she wasn’t guilty because teachers have qualified immunity for reasonably necessary disciplinary acts. Parents have legal authority to engage in reasonable discipline of their children, even if that conduct would otherwise be battery, and that justification has been extended to teachers, within reason, wrote Judge Melissa May. The judges looked to Willis v. State, 888 N.E.2d 177, 180-81 (Ind. 2008), which discussed the parental privilege defense and noted for the state to sustain a conviction of battery where a claim of parental privilege has been asserted, the state must prove either the force the parent used was unreasonable or that the parent’s belief that such force was necessary to control the child and prevent misconduct was unreasonable.

The appellate court found Barocas’ force against the student was not cruel or excessive, and it doesn’t rise to the level of “unreasonable force.” The judges were unable to find any decision in which a parent or teacher’s conviction of battery was upheld based on the use of force as minimal as that used by Barocas, wrote Judge May. The state also didn’t prove the second element of the test adopted in Willis – that the teacher was unreasonable to believe a physical prompt was necessary to control the student’s behavior of sticking out her tongue. They reversed Barocas’ conviction.

But in Jeffrey L. Hunter v. State of Indiana, No. 49A02-1011-CR-1224, a different Court of Appeals panel ruled against father Jeffrey Hunter who argued his Class A misdemeanor battery conviction should be reversed because the evidence didn’t rebut his parental privilege defense.

Hunter had ongoing disciplinary issues with his 14-year-old daughter B.H. and after finding out she had someone forge a signature on a permission slip to go to Indiana Beach, he ordered B.H. to strip down to her underwear and come to him in the living room. When she wouldn’t tell him who paid for the trip, he hit her around 20 times with a belt, leaving injuries that were still present months later. The “degrading and long-lasting physical effects” of her injuries differentiate this case from Willis and the appellate court concluded he used unreasonable force. They upheld his battery conviction.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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