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: 

1 comment:

Anonymous said...

Hello. And Bye. Thank you very much.