In particular, it was sanction in 1977 in the case of Ingraham v Wright. This was after some students from Florida junior high school received corporal punishment that one of them had to be treated in hospital. The parents of students who had suffered from this form of punishment sued the school district on the basis that corporal punishment violated the US Constitution’s Eighth Amendment as it constituted cruel and unusual punishment. The plaintiffs in the case further alleged that corporal punishment required due process before being administered, and as such public schools that administer corporal punishment violated the Fourteenth Amendment of the Constitution (Dayton, 2009).
In this case, the Court ruled that the Eighth Amendment was not violated as only prohibited cruel and unusual punishment of crime offenders who have been convicted, and not students who were paddled as a way of instilling discipline. The court thus concluded that teachers are allowed to use reasonable corporal punishment rather than excessive when disciplining students. Since this court decision, another court decision has been made regarding the topic in Hall v Tawney (1980) where it handed down its Ingraham decision (Alexander and Alexander, 2012). Since then 31 states in the US have illegalize corporal punishment in public schools, while 19 states have laws that permit corporal punishment in public schools within their states. Therefore, it can be argued that while the history of corporal punishment in the US public schools dates back to the American Revolution, this topic has gained prominence in the US public and laws in the 1970s. There are various arguments regarding the legality and/ or illegality of corporal punishment. It is worth noting, however, that this topic is no longer an educational issue only, but also a political and legal topic (Dayton, 2009).Top of Form
There are several theories that underpin ...Show more