Corporal Punishment: Definition and Scope
The best way to understand what IS corporal punishment in the law, is to first observe that the law makes a clear distinction between corporal punishment and other forms of discipline in several key respects. For the purposes of this discussion, we will consider discipline in both educational and parental contexts since the definitions of corporal punishment in these contexts are similar and often compared to one another when making an argument for or against either one.
Generally speaking, corporal punishment is a form of physical discipline which includes the infliction of pain or bodily injury.
For example, this recent case out of the Georgia Court of Appeals considered the definition of corporal punishment in Georgia Code section 20-2-738 and concluded that hair pulling is not considered corporal punishment because it was not intended to inflict pain. Although the statute does not define corporal punishment, it appears to allow for some level of discretion on what constitutes corporal punishment. Further, as we will discuss in the next section, Georgia law also exempts teachers from liability for corporal punishment so long as the corporal punishment was reasonable.
On the flip side, if the form of discipline was not to inflict pain, then surely a wide variety of abuse techniques would qualify as corporal punishment as well, including making the child stand in a corner for long periods of time, withholding food, or confinement in a small room . Nevertheless, these same examples do not take into account a wide range of other factors, such as age or mental health, that are also considered when determining whether physical injuries rise to the level of child abuse.
In short, the entire scope of corporal punishment must be considered in defining the term. On the one hand, we have the limited definition set forth by statute which refers specifically to the infliction of physical pain or bodily injury. On the other hand, other states have recognized that the extent of applicable law does not account for all forms of corporal punishment and have authorized its application both within the context of abuse as well as within the context of such corporal punishment in "reasonable" disciplinary actions: physical discipline that is not reasonably calculated to cause, or actually does cause, serious bodily injury to a child.
In addition to the legislative definition, the relevant statute also exempts teachers from liability for corporal punishment so long as the corporal punishment was reasonable.
In his article, "Corporal Punishment: Many Bumps in the Road," Professor Richard Goodman recognizes that corporal punishment has been part of American culture for centuries and that the punishments in the schoolyard of the past elicited both "admiration and horror." But as parents of today, we have a legal obligation to teach our children to respect and obey the law – without applying the physical discipline associated with corporal punishment.
Corporal Punishment in Georgia Schools: Legal Boundaries
While it is not legally prohibited in the state or required as part of a disciplinary procedure, Georgia schools are able to use corporal punishment as a disciplinary measure. According to the Code of Georgia Annotated, schools have the right to use "reasonable corporal punishment when necessary as a matter of correction and discipline." This is specific to instances of "disobedience, open defiance to authority, [and] disorderly conduct in class, on the school premises, or at school functions." The law only allows for corporal punishment to be administered by an individual that is "authorized by the principal or the local board of education."
There are several limitations to the use of corporal punishment in schools in Georgia. Non-public schools are not granted this right, nor is corporal punishment allowed when any physical injury is likely to occur to the student or any bystander. No panics or other chemical agents may be used against a student, but in all cases corporal punishment is allowed to be used if the act would otherwise be considered from a legal standpoint as justification. There is also no allowance of a defendant to invoke the right to consent as a defense against prosecution, so in all cases where corporal punishment results in injury or death due to any possible excessiveness, the instructor administering the punishment may be prosecuted.
Corporal Punishment at Home: Parental Discretion vs. Child Welfare
Parental rights are well established across the United States, including Georgia, where as the Georgia Supreme Court has stated, "Parents have the right to rear their children as they see fit, and the State may exercise its authority only to prevent harm to the children or other State interests." In contrast to the scope of government authority in regard to parental rights, however, child protection laws provide sweeping power for the State’s intrusion into family life for the benefit of the child. As a result, the potential for conflict between the rights of the parent and the power of the State creates difficult issues in the public policy context.
In addressing the balance between child protection and the rights of the parent, Georgia Code provides: Regarding the use of corporal punishment, this Code section is vague both on its face and as interpreted by Georgia courts. For instance, where is the line drawn as to whether the use of corporal punishment is "excessive"? What degree of physical evidence must remain after the use of corporal punishment for it to be considered excessive?
Though the use of corporal punishment is legal in Georgia, the extent to which it may be employed is uncertain, and the intrusion into the home remains largely untested. Future constitutional challenges may be necessary to clarify the role of State intervention in the matter, or for the legislature to clarify the law creating a more certain standard.
Public Attitudes and Activism
Public opinion regarding corporal punishment in Georgia is mixed. Some parents and groups advocate for the practice, arguing that it is a form of discipline endorsed in the Bible and is a vision of parental authority over children. Other advocacy groups oppose corporal punishment, claiming that the research shows it is detrimental to the well-being of children and has long-term negative effects on their social and emotional development.
The two noteworthy groups promoting corporal punishment in schools are The Church of God’s International General Assembly and the Georgia Family Council, which is a statewide organization with over 30,000 congregations.
In 2014, the International General Assembly—located in Allen, Texas—voted to promote the use of paddling at schools and churches to ensure the safety of children. The International General Assembly delegates voted "in favor of encouraging all Church of God Pastors and Churches of God to use Biblical principles of discipline and punishment – including corporal punishment where appropriate – in their homes, churches, and schools."
The group believes that "spanking is an extension of God’s love, not anger, and should never be a reflection of parent-child relationship." In addition to allowing paddling, they also encourage parents to use scripture as a means to express parental authority. The group makes no reservation in excusing the practice by stating, "when done according to the Bible, the swat or two on the buttocks mirrored the parents’ love, not resentment, and built trust, not enmity."
Injecting Christian values into public policy, the Georgia Family Council states, "Georgia law has long allowed parents and teachers to spank a child in a reasonable manner, under Georgia Code 16-5-24." The organization deduces: "Biblical chastisement is a necessity for all parents and teachers. This approach is critical for the spiritual, mental and moral training of children. To intentionally remove it from our schools and homes is to harm children . "
The Georgia Family Council site also states, "God has instructed fathers to not exasperate (a Greek word meaning ‘to provoke to anger, by unwarranted action’ not some mere annoyance) their children, Ephesians 6:4. Children are already exasperated by the absence of fathers, alcoholic and drug abusing fathers, gambling-addicted fathers, and simply absent fathers. It is ridiculous and cruel to punish the good in any parent by sending a message that punishing your child is abusive."
Schools and public groups that oppose corporal punishment in Georgia include the Georgia Alliance to Stop Corporal Punishment in Georgia Public Schools, Prevent Child Abuse Georgia, and The Advocates for Youth’s National Coalition to Abolish Corporal Punishment in Schools (NCACPS). The NCACPS includes as members the American Academy of Pediatrics, American Counseling Association, Association for Childhood Education International, Association for the Treatment of Sexual Abusers, Council for Youth Development, National Association of School Psychologists, National Association of Social Workers, National Black Child Development Institute, National Head Start Association, and the National Mental Health Association.
The Georgia Alliance comprises individuals, local organizations, and dozens of faith communities committed to raising public awareness about school corporal punishment, and advocates for the passage of legislation that would abolish this practice. In 2007, the Alliance reintroduced House Bill 486, previously sponsored by Rep. Billy Mitchell of Stone Mountain, to prohibit corporal punishment in all Georgia schools. Although the bill did not pass, the sponsor and members of the Alliance continue to support similar legislation.
Prevent Child Abuse Georgia established a joint Task Force on School Corporal Punishment (with several individuals and organizations) in November 2005. The task force seeks to reduce or eliminate the use of corporal punishment in Georgia public schools. The organization cites national expert consensus that physical punishment is associated with children’s negative behavior and poor mental health.
Corporal Punishment: Psychological and Sociocultural Implications
Scholarly studies and expert opinions on the psychological and social impacts of corporal punishment indicate a clear consensus. The American Academy of Pediatrics, for example, has issued an unequivocal statement against corporal punishment in the home and schools. In their Policy Statement on Corporal Punishment, the group stated "corporal punishment is not effective, can have unanticipated harmful side effects, and will not improve child behavior or promote educational objectives." Such views are consistent with more recent empirical studies showing that both physical and nonphysical forms of corporal punishment, including spanking, high-levels of physical abuse and psychological aggression, result in negative, even more severe, behaviors among children. Furthermore, long-term academic research indicates that children who experience any physical punishment as a form of disciplinary discipline have the potential for greater psychological and social problems, including IQ deficits, juvenile delinquency, behavioral issues and, worst of all, deaths by homicide and suicide. Specifically, the American Association for Marriage and Family Therapy states: "spanking can elicit aggression and antisocial behavior in children, as well as problems in parent-child interactions." In short, proper development is more likely to occur in children who are not physically punished.
Corporal Punishment Alternatives
While the legality of corporal punishment remains a gray area, there are alternative discipline methods that are not only legally sound but also aligned with much of today’s juvenile justice philosophies of valuing human dignity and positive reinforcement. As mentioned in the overview section above, the most effective, non-physical discipline techniques are those which demonstrate to the child why his or her behavior is unacceptable by getting to the root of the action. While there are many effective discipline techniques, the following are fairly standard and generally accepted as effective:
Time-outs – Since the consequences of time-outs are generally less physically painful than corporal punishment, kids may be more willing to cooperate with time-outs, at least in the early stages of behavior modification. Once the child is accustomed to time-outs, it may become necessary to find other means of motivation or consequence.
Logical Consequences – These involve giving kids the choice to either follow your rules or not, and allowing them to suffer whatever natural or logical consequences result from the chosen action. For example , if you tell a small child that she cannot have candy because it will ruin her dinner, and she touches the candy anyway, then allows her to touch the candy and vomit all over herself at dinner, she is experiencing natural consequences. This is an effective form of teaching cause and effect.
Loss of privileges – Losing privileges is becoming the accepted norm for schools and parents to enforce discipline in a way that is more effective than sending students out of class for a spanking. If a child refuses to follow the rules of a classroom, the teacher may find it productive to cancel recess. If the child refuses to obey parent-imposed rules on a social behavior, the parent may find it productive to restrict TV or computer time.
Positive reinforcement – It is often considered a more effective form of behavior management to reward a child for positive behaviors than to punish him for negative ones. For example, create a chart for the child to check off when he successfully follows the rules for each hour of the day. If he meets his goal for the day, then reward him with the opportunity to choose where everyone in the family will eat dinner. Sometimes it is possible to use peer pressure to our great advantage.