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An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
Spanking is a form of corporal punishment involving the act of striking, with either the palm of the hand or an implement, the buttocks of a person to cause physical pain. The term spanking broadly encompasses the use of either the hand or implement, the use of implements can also refer to the administration of more specific types of corporal punishment such as caning, paddling and slippering.
A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When it is inflicted on adults, it may be inflicted on prisoners and slaves.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or section 15(1) of the Charter.
R v Brown[1993] UKHL 19, [1994] 1 AC 212 is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm. The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative. The acts involved included the nailing of a part of the body to a board, but not so as to necessitate, strictly, medical treatment.
Loitering is the act of remaining in a particular public place for a prolonged amount of time without any apparent purpose.
School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. The term corporal punishment derives from the Latin word for the "body", corpus. In schools it may involve striking the student on the buttocks or on the palms of their hands with an implement such as a rattan cane, wooden paddle, slipper, leather strap or wooden yardstick. Less commonly, it could also include spanking or smacking the student with the open hand, especially at the kindergarten, primary school, or other more junior levels.
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.
Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the child with an open hand or striking with an implement such as a belt, slipper, cane, hairbrush or paddle, whip, hanger, and can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions.
Campaigns against corporal punishment aim to reduce or eliminate corporal punishment of minors by instigating legal and cultural changes in the areas where such punishments are practiced. Such campaigns date mostly from the late 20th century, although occasional voices in opposition to corporal punishment existed from ancient times through to the modern era.
R v Hopley was an 1860 legal case in Eastbourne, Sussex, England. The case concerned the death of 15-year-old Reginald Cancellor at the hands of his teacher, Thomas Hopley. Hopley used corporal punishment with the stated intention of overcoming what he perceived as stubbornness on Cancellor's part, but instead beat the boy to death.
The National Woman Suffrage Association (NWSA) was based in New York City, the movement was created by Elizabeth Cady Stanton and Susan B. Anthony. The Married Women's Property Acts are laws enacted by the individual states of the United States beginning in 1839, usually under that name and sometimes, especially when extending the provisions of a Married Women's Property Act, under names describing a specific provision, such as the Married Women's Earnings Act. The Married Women's Property Acts helped to rectify some of the difficulties that women faced under coverture, the English common law system that subsumed married women's ability to own property, wages, enter into contracts, and otherwise act autonomously, to their husband's authority. After New York passed their Married Women's Property Law in 1848, this law became the template for other states to grant married women the right to own property.
Corporal punishment, sometimes referred to as "physical punishment" or "physical discipline", has been defined as the use of physical force, no matter how light, to cause deliberate bodily pain or discomfort in response to some undesired behavior. In schools in the United States, corporal punishment takes the form of a school teacher or administrator striking a student's buttocks with a wooden paddle.
The Isle of Man is a Crown Dependency located in the Irish Sea between the islands of Great Britain and Ireland with a population in 2015 estimated to be approximately 88,000. It enjoys a high degree of domestic, legislative and political autonomy through its ancient Parliament Tynwald. By convention, the United Kingdom Government is responsible for the conduct of the international relations and defence of the island. The Isle of Man does not have a written constitution, or a Bill of Rights which sets out its Human Rights. These rights are addressed in the Human Rights Act 2001. The island has also ratified a number of international treaties.
Corporal punishment of minors in the United States, meaning the infliction of physical pain or discomfort by parents or other adult guardians, including in some cases school officials, for purposes of punishing unacceptable attitude, is subject to varying legal limits, depending on the state. Minor children in the United States commonly experience some form of corporal punishment, such as spanking or paddling. Despite opposition from medical and social-services professionals, as of 2022, the spanking of children is legal in all 50 states and, as of 2014, most people still believe it is acceptable provided it does not involve implements. Corporal punishment is in the United States usually considered distinct from illegal child abuse, although the distinction can often be vague.
Battery punishment by parents of their minor children is lawful by tradition and explicitly under common law by R v Hopley [1860] 2F&F 202 :
By the law of England, a parent ... may for the purpose of correcting what is evil in the child inflict moderate and reasonable corporal punishment, always, however, with this condition, that it is moderate and reasonable.
The legality of corporal punishment of children varies by country. Corporal punishment of minor children by parents or adult guardians, which is intended to cause physical pain, has been traditionally legal in nearly all countries unless explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world's children live in countries where corporal punishment and other physical violence against children is still legal". Many countries' laws provide for a defence of "reasonable chastisement" against charges of assault and other crimes for parents using corporal punishment. This defence is ultimately derived from English law. As of 2023, only three of seven G7 members including seven of the 20 G20 member states have banned the use of corporal punishment against children.
Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others[2019] ZACC 34 is a decision of the Constitutional Court of South Africa which found that corporal punishment in the home is illegal. The court found that the common law defence of "moderate and reasonable chastisement" is unconstitutional, so that parents are no longer exempt from prosecution or conviction for assault for striking their children. The unanimous judgment was written by Chief Justice Mogoeng Mogoeng and handed down on 18 September 2019.
The Children (Scotland) Act 2019 was an Act of the Scottish Parliament that outlaws the use of corporal punishment on children.
References
- 1 2 "Lawfulness of corporal punishment". Archived from the original on 2010-04-06. Retrieved 2010-02-15.
- 1 2 One or more of the preceding sentences incorporates text from a publication now in the public domain : Chisholm, Hugh, ed. (1911). "Corporal Punishment". Encyclopædia Britannica . Vol. 7 (11th ed.). Cambridge University Press. p. 189.
- ↑ "Non-Fatal Offences Against the Person Act, 1997, Section 24". Irish Statute Book . Retrieved 21 November 2017.
- ↑
- O'Brien, Carl (10 Dec 2015). "Ban on smacking children came into force at midnight". The Irish Times . Retrieved 21 November 2017.;
- "S.I. No. 555/2015 - Children First Act 2015 (Commencement) Order 2015". Irish Statute Book . Retrieved 21 November 2017.;
- "Children First Act 2015, Section 28". Irish Statute Book . Retrieved 21 November 2017.;
- "Children First Bill 2014: Report". Seanad debates. KildareStreet.com. 21 Oct 2015. Retrieved 21 November 2017.
- ↑ William Blackstone. Commentaries on the Laws of England
- 1 2 3 4 5 Stedman, Beirne (August 1917). "Right of Husband to Chastise Wife". The Virginia Law Register. New Series Vol.3 (4). JSTOR 1106112.
- ↑ "R. v Jackson [1891] 1 QB 671, (abstract)". LawTeacher.net. Archived from the original on 7 September 2014.
- ↑ Calvert, R. "Criminal and civil liability in husband-wife assaults", in Violence in the family (Suzanne K. Steinmetz and Murray A. Straus, eds.), Harper & Row, New York, 1974. ISBN 0-396-06864-2 p. 89
