NCJ Number
175083
Journal
Prosecutor Volume: 32 Issue: 4 Dated: July-August 1998 Pages: 29-35
Date Published
1998
Length
7 pages
Annotation
The prosecutor involved in a case of a parent charged with assaulting a child is typically confronted with the defense of reasonable force; prosecutors need to recognize society's tolerance of corporal punishment and teach jurors where discipline ends and child abuse begins.
Abstract
Studies indicate that more than 90 percent of young children and 33-50 percent of adolescents receive physical discipline. The criminal law has evolved into at least two distinct approaches to cases of corporal punishment: the majority rule and the minority rule. Prosecutors must convince the jury that the case at hand involves corporal punishment unlike that administered by jurors in their own homes. The quality of the investigation often determines the possibility for success or failure. After it is clear that the case is going to trial, the prosecutor needs to develop a theme for the case. The process of convincing the jury that the defendant's conduct was unreasonable begins with voir dire. Voir dire should focus on types of corporal punishment of which most jurors would disapprove and that were present in this case. In addition, medical personnel used as expert witnesses can provide insight about the degree of force used. Cross-examination of the accused can focus on the size difference between the adult and child, the number of blows, the use of objects, and other factors. The success of the prosecution may turn on the ability of the investigator and prosecutor to distinguish the case from the corporal punishment many jurors may themselves have inflicted as parents. 27 reference notes