Discipline Flashcards
Parent and Child
● Necessity of some orderly discipline gives persons who have the control of other the
privilege of exercising reasonable force and restraint upon them
● Several factors used to determine whether the conduct was within the privilege of
discipline or falls outside of it
○ Age
○ Sex
○ Condition of child
○ Nature of child’s offense and the apparent motive for it
○ Influence of the child’s conduct as example to other children in the same family
○ Whether force or confinement is reasonably necessary and appropriate to compel
disobedience
○ Whether it is disproportionate to the offense, unnecessarily degrading, or likely to
cause serious permanent harm
Discipline definition
privilege given to a parent and one who stands in place of a parent
Those who are temporarily responsible for children:
● Family members
● Teenage babysitters
● Adult daycare providers
● Housekeepers
● Piano teachers
● School bus drivers
Discipline in General
● The amount of force that is acceptable is less than what would be acceptable for parents
to use
● Discipline may be exercised even though the parent has objected
● Significant variables gleaned from the cases include
○ The nature of the punishment
○ The conduct of the student
○ The age and physical condition of the student
○ The motive of the instructor
○ Did he act in anger or out of dislike, rather than in an attempt to discipline
● Location
○ On school grounds
○ During school-sponsored trips OR trips connected with the educational program
Corporal Punishment
● Does not violate due process clause of the eighth amendment
Others who are licensed to discipline
● Military and naval officers over their subordinates
○ Governed by military law and dealt with by courts martial
● Master of a ship over both the crew and passengers