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Sep 13 2014 12:57pm
Quote (Goomshill @ 13 Sep 2014 18:53)
No, it shows I'm capable of googling texas state law and paraphrasing it. "Non-deadly force" is the exact phrase used.

Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code § 261.001. [Civil Code] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Penal § 9.61. [Criminal Code]



And precedent unambiguously states that leaving marks is not a bar set for the line between spanking and child abuse



No, its specifically not a crime. A parent, legal guardian or person in position of authority is allowed to discipline a minor physically, so long as its reasonable.
What you call "assaulting a child" is not a crime nor is it classified as assault. You better find plenty more on the subject, because spanking is protected by law in pretty much every state


Yea. I live in the UK and the classification of assault is drastically different. It's similar to what the US calls battery but includes any unwanted forceful physical contact (pushing, dragging etc.), spitting, throwing a drink over someone and many other things. Whether or not it is actually, legally, a crime is not what I'm debating. I believe it is a crime and I am arguing the point that it should, legally, be a crime.

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Sep 13 2014 01:01pm
Quote (Goomshill @ Sep 13 2014 02:57pm)
You have a beef with proverbs 13:24?
Solomon has a bone to pick with you


...I think of it as the " rod of discipline " and since I love my children I was able to discipline them without hitting them .
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Sep 13 2014 01:03pm
Quote (Skinned @ Sep 13 2014 12:56pm)
What precedent?  Show me.

My dad hit me with a leather belt, I don't beat my kids, and so far they are turning out much better than me.


Heres one quote from an indiana court. I could go more in depth if you want;

Quote
These days, child protection agencies tend to have less tolerance for corporal punishment than was the case decades ago, Nemeth said. Their standard for intervening in a case tends to be if a mark is left on the child. But Nemeth said his line isn't as sharp. "It depends on the mark," he said. "A red mark, I think that can happen in the administration of legitimate corporal punishment. I think using the hand or a strap is OK." However, a black-and-blue mark, or many red marks, crosses the line, the judge said.


The long and short of it is that its a matter of discretion for the court, obviously. There is no magical threshold where "leaving a mark" suddenly constitutes criminal or civil abuse.
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Sep 13 2014 01:04pm
Quote (card_sultan @ Sep 13 2014 06:57am)
This offends me. Domestic abuse and child abuse can occur in any household but probably more often in conservative ones


You are literally raping those children abused in liberal households by denying they even exist, shitlord.
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Sep 13 2014 01:06pm
Quote (PlasmaSnake101 @ Sep 13 2014 01:04pm)
You are literally raping those children abused in liberal households by denying they even exist, shitlord.


Pfft, voyaging already went there;

Quote (Voyaging @ Sep 12 2014 10:35pm)
No, the difference is not motive any more than the difference between child rape and consensual sex is motive.
Not sure, I didn't check the line beforehand, but I had heard that AD wasn't going to play this week even before this incident so I'd be inclined to think the line has stayed the same. I could be wrong, though.
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Sep 13 2014 01:08pm
Quote (Goomshill @ Sep 13 2014 02:03pm)
Heres one quote from an indiana court. I could go more in depth if you want;



The long and short of it is that its a matter of discretion for the court, obviously. There is no magical threshold where "leaving a mark" suddenly constitutes criminal or civil abuse.


Nobody said anything about magic, I'm not sure why you're bringing it up.

Leave it to the experts, let social workers and judges work it out.
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Sep 13 2014 01:12pm
Quote (Skinned @ Sep 13 2014 01:08pm)
Nobody said anything about  magic, I'm not sure why you're bringing it up.

Leave it to the experts, let social workers and judges work it out.


Oh, leave it to experts like the one grand jury that first turned down indictment, to the judge who will inevitably toss this one out or slap him on the wrist?
No, no, why would we leave it to experts and the law when we can crucify him in the media and try to ruin his career with kneejerk reactions laying down pressure on goodell?

You want a more relevant source?
Arkansas law, unambiguous;

Quote
Abuse does not include physical discipline of a child if reasonable and moderate and inflicted by a parent or guardian for restraining or correcting a child. Listed as not reasonable or moderate for correcting or restraining: -- Throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking a child under 3, striking or other actions which result in any non-accidental injury to a child less than 18 months, interfering with a child's breathing, threatening a child with a deadly weapon, striking a child on the face, or any other act that is likely to cause bodily harm greater than transient pain or minor temporary marks. [Statute says this is an illustrative and not exclusive list]. Age, size, condition of the child, and the location of the injury and frequency or recurrence of injuries shall be considered in determining "reasonable" or "moderate."
§ 9-27-303(B). [Civil Code]


Again, clearly and insistently stating that discretion is the magic word, but that leaving a mark is unambiguously not a high enough bar

This post was edited by Goomshill on Sep 13 2014 01:14pm
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Sep 13 2014 01:13pm
Quote (Goomshill @ Sep 13 2014 11:06am)
Pfft, voyaging already went there;


I wouldn't expect a white cis male to understand. You should take a gender studies class before you infect others with your shitlord notions of reality.
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Sep 13 2014 01:14pm
Quote (Goomshill @ Sep 13 2014 03:06pm)
Pfft, voyaging already went there;


It is a relevant comparison.

1a. If you rape an adult it is a crime.
2a. If you rape your child it is a crime.

1b. If you smack an adult with a switch it is a crime.
2b. If you smack your child with a switch it is NOT a crime?????

It's clearly a case of inconsistency in law. A child happening to have come out of your own or your wife's vagina (or you being their legal guardian) does not give you permission to assault them in the name of "discipline".

Obviously a line needs to be drawn between what is and isn't legitimate abuse, but our courts already do that regularly in cases of battery and assault so it shouldn't be too difficult.

This post was edited by Voyaging on Sep 13 2014 01:16pm
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Sep 13 2014 01:16pm
Quote (PlasmaSnake101 @ Sep 13 2014 01:13pm)
I wouldn't expect a white cis male to understand. You should take a gender studies class before you infect others with your shitlord notions of reality.


What can I say. Just being a 6 foot tall white cis male already makes me a privileged and entitled ignorant fascist who will never understand the plight of fat transexuals that can't walk down a road without a group of leering y-chromosomes raping them with their eyes
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