NCJ Number
142029
Journal
Journal of Juvenile Law Volume: 13 Dated: (1992) Pages: 13-26
Date Published
1992
Length
14 pages
Annotation
Corporal punishment is used by many public school systems, but concern over its use is growing as public awareness of child abuse increases.
Abstract
The leading case involving corporal punishment in schools and substantive due process rights is Ingraham v. Wright. Ingraham, a Florida student, was paddled enough that he required medical attention. His case involved both 8th amendment (cruel and unusual punishment) and 14th amendment (due process) claims. The U.S. Supreme Court held that the 8th amendment's protection against cruel and unusual punishment did not apply to the imposition of corporal punishment in public schools. The court also held that due process requirements were not necessary before administering corporal punishment because Florida's common law permitted such punishment. Since Ingraham, Federal courts have generally held that corporal punishment must shock the conscience of the court for a student's substantive due process rights to be violated by the use of excessive corporal punishment. Some recent cases, however, have shifted away from the Ingraham ruling slightly. In general, case law does not precisely define what punishment will shock the conscience of the court; therefore, difficult issues associated with the use of corporal punishment in public schools must be resolved. 136 footnotes