ILNews

Justices address parental discipline

Michael W. Hoskins
January 1, 2008
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A mother who spanked her 11-year-old son with a belt or extension cord didn't cross the line between parental discipline and abuse, the Indiana Supreme Court has ruled.

In its 4-1 decision late Tuesday in Sophia Willis v. State of Indiana, No. 49S02-0707-CR-295, the state's high court established a bright-line rule on parental discipline privilege that it hasn't addressed since the adoption of the Indiana Criminal Code.

Sophia Willis was charged and convicted of battery as a Class D felony for spanking her 11-year-old son with a belt or extension cord. Marion Superior Commissioner Danielle Gaughan used her discretion to enter the judgment as a Class A misdemeanor and sentenced Willis to one year in prison with 357 days suspended to probation, which the Court of Appeals affirmed.

Willis was disciplining her son for a February 2006 incident of stealing her clothes and taking them to school to give away, which a teacher contacted her about. After sending the child away for the weekend, Willis was unable to resolve the situation and decided to use corporal punishment, attorneys said. The child reported the incident to school officials, who contacted child protective services.

In upholding the trial court's decision, the appellate judges echoed a concern that there is precious little Indiana caselaw providing guidance as to what constitutes proper and reasonable parental discipline of children, and no bright-line rule existed.

"We sympathize with Willis's argument that she is a single parent who is doing the best that she can, be we cannot condone her choice to whip her child with an extension cord to the point of causing him pain," the court wrote at the time.

The Indiana Supreme Court granted transfer last summer and heard arguments in September. It now has vacated Willis' conviction, finding the state didn't disprove her parental discipline privilege defense.

Determining that the Model Penal Code doesn't adequately identify permissible parental conduct in disciplining children, the court relied on the Restatement (Second) of Torts in providing guidance to trial courts on establishing reasonableness of punishments and force used in these types of cases.

Some factors include the age, sex, and physical and mental condition of the child, nature of the offense and the motive, and whether that force was disproportionate to the offense or unnecessarily degrading. But the court added that this list isn't exhaustive and other factors could be taken into consideration depending on the case facts.

Comparing that guidance to Willis, the court noted that the mother had used progressive forms of punishment and that the boy had also testified the swats hurt "for a minute" but not the next day at school.

"We find nothing particularly degrading about this manner of punishment. Nor, in context, is it readily apparent that the punishment was disproportionate to the offense," Justice Robert Rucker wrote, adding that the record reflects also that the bruises weren't serious or permanent.

Justice Frank Sullivan dissented, noting how many appeals the court sees relating to child abuse where parents claim they were reasonably using force to discipline children. He wrote this is a policy change best left to the legislative and executive branches, not the judiciary.

By authorizing parents to impose "as much force as they believe is necessary ... the Court increases the quantum of effort that the State will be required to expend in its efforts to protect children from abuse. As such, the Court's opinion constitutes a change in our State's policy toward child abuse."
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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