LI court rules dad used reasonable force when spanking son

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NEW YORK (PIX11) -- To spank or not to spank? The debate has been going on for decades, but now it's intensifying after a New York State appellate court ruling.The latest ruling on spanking a child in New York State came down firmly on the side of the parent who spanks.

The State Court of Appeals ruling in favor of a Long Island father of an eight-year-old boy: "the father 's openhanded spanking of the child as a form of discipline after he heard the child curse at an adult was a reasonable use of force and, under the circumstances presented here did not constitute excessive corporal punishment."

Dr. Jeff Gardere, a child psychologist, said he is never in favor of spanking. "But if it happens, it must be with an open hand, and be accompanied with lots of talking," he added.

While spanking may never be a good idea, according to many child psychologist, New York State law keeps spanking in a decidedly gray area.

"It's part of child endangerment laws," Aymen Aboushi, a family law attorney, told PIX11. "It is very broad. It leaves a lot of discretion to judges."

In playgrounds around the city, many parents said they would never spank. But others say it could depend on the age of the child and the circumstances.

"A tap on the tushy is what I do," Michelle Caroly, an Upper West Side mother said.

But Thomas Grant, a Harlem dad, said he was abused as a child, so he would never spank his little girl.

14 comments

  • Tim Donohue

    Ridiculous that a parent can not reprimand their own child without the whole world getting involved, and thats why we have such disrespectful kids and underage parents that ruin our society all because they didn’t get a beating they should have gotten ! Statistics and the older generation prove my opinion as sound….

  • tracy

    just another example of the abuse of power that children&youth use all the time!! they play GOD with peoples lives and somehow these scumbags dont even have to be drug tested to work in such a position!! alot of these workers use drugs themselves or abuse their own children and yet are permitted by the goverment to play judge&jury with peoples children!!

  • Dana

    There should be more parents like this man……….maybe there wouldn’t be so many juvenile delinquents! There is a large difference in a spanking and beating, people need to realize this, and be the parent, instead of letting the child tell them what to do!

  • Bryon

    We have too many laws governing our personal lives and freedom. If we did not have so many, maybe enforcement could concentrate on the laws and rules that are truly important. We concern ourself with a father that spanked his child on one hand and then on the other a child whose life has been risked to escape murder, rape, prostitution, and tyranny we want to send back into it. We are a nation of laws without common sense or compassion.

  • WeShon Smith

    Getting my butt whooped made me the parent that I am! I, myself, don’t have to beat my kids! My voice and “The Look” works just fine! a child is just that, a CHILD! When they learn early in life to respect their elders, they’ll be better off in life!

  • Sherry L McSorley

    Children today are RUDE! cause they are aloud to do whatever cause they know all they will get is a TIMEOUT hell I want a timeout sit and do nothing hell yeah. Spanking is not a beating learn that you do something wrong you will pay with a a sore butt. And you will be doing something WALKING FUNNY FOR A FEW MINUTES.

  • Deadra L

    Nothing wrong with spanking your kids. I got worst than spanking when I was a kid. It made me the respectable person I am today. In todays society, our kids are very disrespectful, rude and delinquent because parents are their friends not their parents. Maybe if we spanked them more, they wouldn’t be so disrespectful and rude today.

  • Judith Petrou

    I and my siblings were seriously abused, we survived, we grew, worked and made it big time, never ever swore at an adult or police man, respected the law and age. We have now bred a bunch of kids that will soon turn feral, God help us then (yes I ask the same God that has been removed from Schools) I would choose the life that made me who I am now,
    again and again and again.

  • Qiana Dixon

    Spare the rod spoil the child.. we got our butts kicked as a child not only did our parents did it but if the neighbor saw u doing something wrong they would whip u then call ur parents n u got another one when u got home… My children r being raised just like I was.. lots of love cosigned with a butt whipping here n there if u get outta line

  • Holland Buck

    The world started going to Hell when spanking became a sin. If I did something bad, my ass got tore the f*** up. Guess what? I didnt do that particular thing anymore (or got better at not getting caugh.) Kids have no respect for adults when not punished. Ask most people in jails today if they were whipped as a child. My bet would be on NO! Im not saying punch em in face, taze or shoot them, but a good old smack across the ass a few times makes alot of kids rethink what they done.

  • Anna

    I have no problems spanking my children and they know it!!!! No discipline is what is wrong with today’s kids.

  • Louise

    It’s a perfectly reasonable method of discipline that’s EFFECTIVE!!!! Worked for centuries! Teaches there’s actual consequences to actions. You don’t spank over every little thing, just as needed. You aren’t scarred for life from the event either. Sick of people making such a big deal about it! I’m pro-spanking!!!!

  • Heather

    I Agree, spanking never hurt me. Too many kids are ruling the parents, If you dont discipline your kids they will take over.

  • Kim B.

    My dad spanked me as I grew up and I turned out fine. The rule is to not do it while your mad (because you could go overboard) and to make sure you explain why they are getting a spanking.

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