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16 Child L. Prac. 1 (1997-1998)

handle is hein.journals/chilawpt16 and id is 1 raw text is: ChidLaw Vol. 16 No. 1 March 1997 Practice Helping Lawyers Help Kids RESEARCH BASICS Corporal Punishment: What Lawyers Need to Know by Janet Chiancone INTRODUCTION For years, child development pro- fessionals, health care experts and others have debated the pros and cons of using physical punishment on children. Key to the debate is whether spanking or slapping harms a child.' Advocates for ending corporal punishment contend it leads to other forms of violence, including child abuse and crime, and teaches children to resolve conflicts with force. Those who support corporal punishment counter that, when part of an otherwise supportive and lov- ing relationship, spanking will hot harm the child. Balancing a parent's right to punish a child with the state's obli- gation to protect the child from abuse leads to inconsistencies in how courts handle these cases. While several states have laws that affirm a parent's right to use cor- poral punishment, interpreting when this punishment is reasonable and appropriate' is up to the individual judge. Contributing to the confusion surrounding this issue are differ- ences in ways people from differ- ent cultural groups use and define corporal punishment. For example, terms such as whipping or beating are common terms used in some cultural groups to describe what is more generally known as swatted or spanked. These words may have a very different impact on the listener, and affect his or her interpretation when de- ciding if abuse occurred.' What distinguishes corporal punishment from child abuse? How are the two connected? And what impact can physically punish- ing a child (e.g., spanking, slap- ping) have on his or her short and long-term development? Can an otherwise supportive, loving parent use spanking as an effective method to correct a child's misbe- havior? As a lawyer representing a This article is one of a series that discusses social science research and how lawyers can use it and apply it to practice. The articles are beingfinded through the National Resource Center on Legal and Court Issues, a project of the U.S. Department of Health and Human Services, Administration for Children and Families. child who has been abused, what do you need to know about the ef- fects of corporal punishment on children? What kinds of services should you seek for parents who misuse physical punishment? THE DIFFERENCE BETWEEN DISCIPLINE AND PUNISHMENT Corporal or physical punishment is the use of physical force with the intention of causing a child pain, but not injury, for purposes of cor- rection or control of the child's be- havior.' Many people believe dis- cipline and punishment are inter- changeable. What's Inside: 3 CASE LAW UPDATE 11 ETHICAL DILEMMAS Helping You Handle Ethical Issues 14 VIEWS FROM THE BENCH Ten Things Guaranteed to Make a Judge Love to See You in His or Her Courtoom 16 REQUIRED READING New Books on Children's Testimony AA

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