Showing posts with label Spanking. Show all posts
Showing posts with label Spanking. Show all posts

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

Saturday, November 5, 2011

State Statute Summary Relating to Spanking

For those who may be interested, found a text document who someone created in 2004 summarizing, by the state and related statute numbers those sections relating to the use of spanking.
Here is the link to a pdf file of the text information>> Download State Statutes Relating to Spanking as of 2004.

As with many statutes, and taken from a few states, many terms are relative.. ie "..reasonable and appropriate physical force.."; "..appropriate non-deadly force.."; "..reasonable and appropriate physical force.."; "..reasonable disciplinary purposes.."; And of course from the controversial Spanking Judge incident, here is:

TEXAS

Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code Sec. 261.001.[Ci.] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Penal Sec. 9.61.[Cr.]

A few months ago got into a conversation about "Relative Terms". She came up with a very "Non-Legal" philosophy..ie the Potato Chip Theory. Simple put, How many potato chips do we need to eat to parallel abuse.. ie 12, 20 etc. One might say, even in our statutes, there are many "Grey" terms used and Not Black and White, like many would like to have.

So for reference, do download this document, and check your state statutes. As said, this info is from 2004 and may want to check if there are updates... But at least there are statute #'s for reference. I am not a lawyer, but hasn't stopped me from researching.
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May you find Strength in Your Higher Power,
 GranPa Chuck
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