Monday, October 8, 2012
My new equal protection analysis of school corporal punishment (paddling)
Equal protection analysis of school corporal punishment:
To justify use of what is ordinarily considered a violent felony beating to discipline students, several students would have to be acting up so disruptively -- in many classes; not just one -- that the school could no longer perform its function: a legitimate self-defense argument.
If just one student is acting up in just one classroom, that class may be protected -- may be able to continue performing its function -- by removing the student either by suspension or expulsion. Whether beating is better for the student than suspension or expulsion is not the proper equal protection concern -- would at least be a completely different equal protection question than self-defense in the face of an immediate threat.
It should be obvious that beating kids for being late for school or not doing homework, etc. should be a complete equal protection non-starter.
Courts these days are mostly sacrificing individual rights in fear of harming bureaucratic interests. Whether beating or suspending is better for the student (talking about one-student disruption) is not likely to be a motivating concern for them. In any case how can legislatures -- in the light of equal protection concern -- legitimate violently beating one class of people for their own good?
For full treatment: economic, liability, practical, ethical and constitutional click on: http://ontodayspage.blogspot.com/2009/11/corporal-punishment-in-schools-economic.html