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Case Citations [1] (April 2023 - August 2023)

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                               THE   AMERICAN
                               LAW INSTITUTE



                                     Spring 2023 Citations



          CHILDREN AND THE LAW (DRAFTS)



                             PART   1. CHILDREN   IN FAMILIES

            CHAPTER 3. STATE INTERVENTION FOR ABUSE AND NEGLECT

                                    TOPIC   2. GROUNDS

                                      TITLE  A. ABUSE

                                  SUBTITLE I.   PHYSICAL

§ 3.24. Defenses: Parental Privilege to Use Reasonable Corporal Punishment

Va.App.2022.  Com. (c) quot. in sup. (quoting § 3.24, com. (c), of T.D. No. 1, 2018, which is now §
2.23, com. (c), in current drafts). Mother appealed her conviction of assault and battery, alleging that the
government failed to prove beyond a reasonable doubt that her purported use of corporal punishment on
her children by striking them with the non-buckled end of a belt, which was in response to the children
disobeying household rules against giving their phone numbers to others, constituted criminal assault
and battery. This court reversed and dismissed, holding that the government failed to set forth sufficient
evidence that defendant's use of corporal punishment fell outside of parental privilege under the
circumstances. Citing Restatement of the Law, Children and the Law, the court noted that the parental
privilege to use reasonable corporal punishment served the well-being of children, because while it
prevented parents from physically abusing children, it also protected low-income and black families
from excessive state interference. Woodson v. Commonwealth, 871 S.E.2d 653, 658.















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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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