ILNews

Justices will consider corporal punishment case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will take up the issue of a mother's authority to discipline her child by applying corporal punishment, paving the way for justices to analyze the legal line between parental control and child battery.

Justices granted transfer Wednesday in Sophia Willis v. State of Indiana, No. 49A02-06110-CR-982, which the Indiana Court of Appeals had decided May 17. Appellate judges affirmed the Marion Superior Court judgment finding sufficient evidence to convict Willis, mother of an 11-year-old, of misdemeanor child battery for spanking her son with what's described as either a belt or extension cord.

A reason detailed at trial for the February 2006 incident was that her son took a bag of women's clothing to give to a classmate at school, though a fifth-grade teacher confiscated it and notified the mother. At home, Willis used an extension cord or belt to spank him seven times - to the point of causing bruises or pain. A few days later, he reported still being sore, asked his teacher if "being whipped with an extension cord was child abuse," and requested to see the school nurse who then notified child protective services.

Willis was charged within a week for felony child battery and was convicted after a bench trial in August. Commissioner Danielle Gaughan reduced her conviction to a Class A misdemeanor and sentenced her to 365 days in jail with 357 days suspended to probation. Willis appealed on grounds that insufficient evidence existed to support her conviction.

"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, noting that it doesn't reweigh evidence and gives deference to the trial court.

In its ruling, the Court of Appeals panel - Chief Judge John Baker and Judges Ezra Friedlander and Terry Crone - noted that Indiana Code section 35-41-3-1 provides a parent has the right to employ reasonable corporal punishment to discipline a child, but there are limits to that right. Appellate judges echoed a past finding that there's "precious little Indiana caselaw providing guidance as to what constitutes proper and reasonable parental discipline of children, and there are no bright-line rules." That sentiment was mentioned in Mitchell v. State, 813 N.E.2d 427 (Ind. Ct. App. 2004), which held that dropping a 4-year-old to the floor and kicking him was child battery.
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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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