This post will answer some frequently asked questions about parental discipline and the law.
As a parent am I allowed to physically discipline my child?
Parents have a right to act reasonably when disciplining their children. So, even if a parent physically strikes their child, he or she can be exonerated based on the fact that he or she is the parent of the child. This defense is not to be confused with self-defense, or other defenses such as criminal responsibility or diminished capacity.
In the Commonwealth of Massachusetts, a parent or guardian may use reasonable force against a minor child under his or her care if it is reasonable and related to a legitimate purpose.
Does it matter that my child is under 18?
If there is evidence that:
- The defendant was the parent or stepparent or guardian of the alleged victim
- The alleged victim was under the age of 18;
Then the Commonwealth bears the additional burden of proving beyond a reasonable doubt at least one of the following three things:
- That the force used was unreasonable
- That the force used was NOT reasonably related to the purpose of safeguarding or promoting the welfare of the child
- That the force used caused or created a substantial risk of causing physical harm, gross degradation, or severe mental distress
What is reasonable force?
In evaluating the reasonableness of the force used and its relation to safeguarding or promoting the welfare of the child, jurors may consider any existing evidence of:
- The child’s age
- The physical and mental condition of the child
- The nature of the child’s alleged misconduct
- The child’s ability to understand or appreciate the correction
- Other evidence they may believe relevant
What is unreasonable force?
In deciding whether the force used or a risk of injury it created was so extreme as to be inherently impermissible, jurors may consider any existing evidence of:
- The child’s age
- The child’s physical and mental condition
- Any physical or mental injury the discipline caused
- Other evidence they may believe relevant
An injury that is limited to fleeting pain, or marks which are only temporary, is not so extreme as to be inherently impermissible.
Can I discipline my child as a stepparent?
A stepparent is a person who is part of a stable family unit and serves as mother, father, or co-parent. That person must have assumed all the duties and obligations of a parent toward the child.
The burden is on the defendant to prove he or she stands in loco parentis (“in the place of a parent”) to the child.
The factors that may be considered on a defendant’s status as a stepparent include:
- The nature and length of the relationship between the defendant and the biological parent or legal guardian
- The extent to which a biological parent remains actively involved in the child’s rearing
- Whether the child resides with the defendant
- The extent and nature of the defendant’s role in rearing the child
- Whether the defendant contributes financially to the household
- Whether the other parent and/or the child view the defendant as a co-parent
- Whether there is a formal or implicit understanding between the defendant and a parent as to the defendant’s role in rearing the child
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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