Saturday, February 11, 2012

Will State Statutes Really Resolve the Issue of Spanking??

 In past discussions, in our Group, we have had many comments on those legislative laws relating to "Spanking". Eventhough, some of us, who were Foster Care Givers, and as such, could not spank, believe it or not, this was NOT the issue.

The issue was, that if a law was created to completely out law spanking, then, at the very moment if said law was past, everyone, who even used this method, even on an occasional moment, and even in control, would now be breaking the law.

So, yet once again, another state is now trying to make Spanking a Crime:
Spanking could result in life sentence if MS bill passes
But unfortunately, we may be faced Defending Ourselves in Court. So in relation to this recent article, Terminology is of up most importance.

Quote from article>>
"Unfortunately, the terms "bodily harm" and "reasonable discipline" are not defined in the law, so it would be up to judges to determine whether parents had crossed the line and committed a crime worthy of imprisonment....."
(See Senate Bill 2180 in entirety; or here is the actual changes relating to spanking>> 5.  Whip, strike or otherwise abuse any child except as a result of reasonable discipline, in self-defense or in order to prevent bodily harm to a third party * * *.)

As we have encouraged many..ie when allegedly accused of something, we need to "carefully" review the documentation "Line by Line" and even "term by term"... And in this case "bodily harm" and "reasonable discipline" would be terms one needs to carefully review and/or by documentation that they were using "reasonable discipline" and not "bodily harm".. Unless of course we want the Judge to make this determination????

Example of a dad who took the issue of issue of Spanking as Abuse to Appeals Court. [Comment: This case, decided in late 1999, gave the DSS a drastic setback, when the Massachusetts Supreme Judicial Court ruled that it was not ‘abuse' to spank a child. DSS often ignores this case, and continues take children away anyhow. However, it gives you a tool to fight back. The very mention of the Cobble case makes DSS agents grind their teeth.]

A Latin term used for the basic thought of "Let the Government care for Our Children" is "parens patriae" ...And I shouldn't have to remind anyone that over many years, the Government has been a big part of making decisions of those Families in Conflict. So here we are today.. And in reality, has Government Intervention really helped to Strengthen Our Families???

Sweden was the first nation to make it a crime to spank over 20 years ago. Did read many articles on the pro and cons from those in Sweden. But perhaps the comment that was similar.. ie. Yes the effects of outlawing spanking was slightly successful.. However, and until all parents were made aware and learned Alternative Methods, there was not a Significant impact of creating this statute.

Am I for or against Spanking?? At this point, I feel that should remain as a Controversy. In my humble opinion, each individual is as Unique as the family that they are part of. Also, to suggest, Conflict is a Normal Occurrence in any Family and hopefully through Sharing, Caring, and Guidance, they can get through conflict.

One of our goals as parents should be to Guide of children to be Responsible for themselves. I raised 5 of my own, and now part of the lives of 3 teenage grand kids.

But keeping in mind that Teaching Responsibility may not be a Democratic Process. Jokenly, I tell my grand kids that not having a cell phone is Not Abuse... Eventhough, I would more than likely not give a gently swat to my Grand Kids, I certainly don't want the Government tell me, it would be illegal to do so... Do You???
"..Every word has a purpose ... to make your winning record.."
See Related Blog
Good Legal Writing
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May you find Strength in Your Higher Power,
 GranPa Chuck