From the ruling: "As we have said, a successful assertion of the parental disciplinary privilege requires three elements: (1) a genuine disciplinary motive; (2) a reasonable occasion for discipline; and (3) a disciplinary measure reasonable in kind and degree. . . . The only question presenting any difficulty is whether the measure actually applied—spanking with a wooden spoon, with resulting bruises—was reasonable in kind and degree. To overlook as harmless the trial court’s failure to entertain the reasonable discipline privilege, it would have to appear as a matter of law either that a wooden spoon was an unreasonable means to administer the spanking, or that it was applied with excessive force. We cannot say that the use of a wooden spoon to administer a spanking necessarily exceeds the bounds of reasonable parental discipline."
Posted on: Wed, 09 Oct 2013 19:23:36 +0000
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