When a spanking is OK

June 13, 2008
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When I acted up as a child, I would be threatened with a spanking. Lucky for me, my parents only delivered on the threat a couple times in my life. A stern look or grounding seemed to do the trick to curb my bad behavior. But for one Indiana mother, Sophia Willis, grounding and taking away privileges didn’t work to control her 11-year-old son’s behavior.





  After discovering he stole some of her clothing and then lied about it, she hit him several times with a belt or an electric cord. Willis was convicted of battery as a Class D felony. Willis appealed her conviction, arguing a parental discipline privilege and that she had tried other disciplinary measures, but nothing else had worked. The case made it all the way to the state Supreme Court, which reversed her conviction, finding the punishment didn’t constitute battery.  When does a parent’s discipline privilege end and abuse begin? According to the Supreme Court, as long as the parent satisfies all of the elements the parental discipline privilege defense beyond a reasonable doubt, using corporal punishment in the form of spanking on a child is legally allowed.  

However, Justice Frank Sullivan brought up an interesting point in the opinion: The courts see many cases of child abuse in which parents claim they were only disciplining their children. Requiring the state to prove beyond a reasonable doubt that the force was unreasonable or the parents’ belief was unreasonable will only require the state to spend more effort protecting children from abuse, he wrote.





   In years past, parents would think nothing of spanking their children as a form of discipline. In today’s world, spanking a child has become a gray area for parents and the courts as to when that discipline crosses the line into abuse. This opinion is supposed to address it, but as Justice Sullivan points out, it may just raise more questions as to whether a parent crossed the line in disciplining a child.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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