Preview

State Vs Tendergrass Case Study

Good Essays
Open Document
Open Document
651 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
State Vs Tendergrass Case Study
In lecture we discovered that the precedent adopted in the State vs. Pendergrass case was Stare Decisis, which stands for “stand by what has been decided”. Stare Decisis, in further detail, means when determining the outcome of a court decision, judges look at similar cases dealt with in the past to help determine the outcome of the case presented. Another precedent that could be appropriate for this case is the maintenance of hierarchical relationships. Thinking that children need discipline is the only way this could be made precedent in this court decision. “one of the most sacred duties of the parents, is to train up and qualify their children,” which may deem whipping necessary. The sole reason to whip a child is in best interest for him/her …show more content…
I think that the law can require non-hierarchical because law can require about anything. With the dispute, I would advise the student to listen because most teachers have reasoning for their actions and words. My advice to the teacher would be to put stay open minded when dealing with students because understanding different viewpoints is beneficial to you and beneficial to the class as a whole.
These cases are similar because force was used in both situations to make another individual obey a superior. In the Pendergrass case it dealt with children and in the Joyner case it dealt with a wife trying to leave her husband for whipping her. They are similar to the Black case because a student could be considered a child and the husband used a similar whip with a switch. The differences are who the defendant was in each case. Those differences are important because that determines if a situation can be determined off precedent. The result for the State v. Black case was both preordained and unavoidable because law “will not invade the domestic forum or go behind the curtain”. First the precedents changed because the court decided to question the wife as a

You May Also Find These Documents Helpful

  • Better Essays

    In the first half of the twentieth century, most parents in the United States demanded complete obedience on the part of their children and usually followed the adage "spare the rod and spoil the child." As a result, there was little discussion about whether or not it was in the best interest of their children to spank them or use the hickory switch if they misbehaved. Further, corporal punishment was practiced in many public schools in the United States well into the second half of the twentieth century, usually with the blessing of the…

    • 1165 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Corporal Punishment

    • 835 Words
    • 4 Pages

    "The fundamental need of American education is to find ways of engaging today's children in the thrill of learning. Fear of pain has no place in that process." - The Christian Science Monitor. Because Ms. Peña and I are in compliance with this statement, we have decided to bring to the attention of the community, the corporal punishment of Sinton High School. There are many effective ways of properly punishing a disobedient student, but there are also limits to certain disciplinary measures. Grant it that a student from Sinton High School may now choose their own punishment, with consent from the parents, it is up to the administrator to keep in compliance, and with in the limits. Bruises, cuts, and/or broken skin should not occur in the process of administering corporal punishment. The eight constitutional amendment clearly states that "no cruel or unusual punishment should be inflicted." If markings are found on a student, the boundaries and law have been broken. Rupturing these boundaries surfaces the question, "Just exactly WHY are we administering the corporal punishment to students, to hurt them?" "...the use of corporal punishment in schools is intrinsically related to child maltreatment. It contributes to a climate of violence, it implies that society approves of the physical violation of children, it establishes an unhealthy norm...Its outright abolition throughout the nation must occur immediately." - U.S. Advisory Board on Child Abuse and Neglect.…

    • 835 Words
    • 4 Pages
    Good Essays
  • Good Essays

    During the Fairclough’s article discussion, one of the key research materials that have rarely received scholarly attention pertains to the legal documents held in the NAACP archive. Fairclough asserted that “the NAACP legal offensive against separate and inferior education in 1935 and culminated in the 1954 Brown decision.” When analyzing the Sweatt v. Painter case study, it became evident that predominately all of the author’s under analysis acquired their information from NAACP historical records. Records utilized by scholars for research contained personal conversation, documents, letters, newspaper articles, and trial transcripts. In most articles studied, they restate the same information found in Michael L. Gillette’s…

    • 1052 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    4) To understand the intensity of the social controversy on this issue, we suggest that you search the keywords “ spanking” and “corporal punishment” using an online database and the Web. What different positions do you find represented on articles and by advocacy Web sites such as the site for the Center for Effective Discipline? How would these sources challenge Pitts’s position and…

    • 412 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Have you ever read a book to your little brother, sister cousin, exedra… well how about The Lorax? Well if you have, did you think about how bad the world was when all the swomee-swans, bar-ba-loots and humming-fish left? That is going to be our world if we don't stop hurting it with pesticides and poisons. I will go more into detail in text from Moths of the Limberlost, The Lorax, and “The Dark Side of the American Lawn.”…

    • 519 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Section 43 Case Study

    • 1356 Words
    • 6 Pages

    “Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.”…

    • 1356 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    On the case of Plessy V. Ferguson ruled that segregation was legal as long as white and blacks are equal. Meanwhile the Brown V. Board of Education was that the racial segregation in public schools were unconstitutional. In the case of Plessy V.Ferguson is an example restraint. They didn’t want to get rid of segregation just make everyone equal.…

    • 557 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Plessy Vs Ferguson Essay

    • 549 Words
    • 3 Pages

    In the two Supreme Court decisions of Plessy v. Ferguson (1896) and Brown v. Board of Education (1954), had many similarities and differences in the final outcome. Both of the cases wanted to make it clear that it is unconstitutional for segregation in the States.…

    • 549 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Courts allowing substantive due process claims in connection with corporal punishment have found the threshold for recovery for the violation of a student’s rights to be high. Minor pain, embarrassment, and hurt feelings do not rise to this level; actions must literally be ‘shocking to the conscience.” Disciplinary actions that have not risen to this level include requiring a ten-year-old boy to clean out a stopped-up toilet with his bare hands, physically and abusively restraining a student with disabilities in multiple incidents, shoving a student’s head into a trash can; and shaking, screaming and spitting on football players. In contrast, substantive due process rights were implicated when conscience-shocking behavior involved a coach…

    • 344 Words
    • 2 Pages
    Good Essays
  • Good Essays

    When managing disagreements with children and young people you should make sure that everyone involved has their say. Otherwise one child may feel victimised. The rules should be lay down and it should be made clear that there will be consequences for anyone who breaks the rules. It may be that both parties are at fault. For example if two young people get into a fight and child A (Max) says child B (Daniel) hit them first, you would say that max should not have hit Daniel but Daniel should have come to a teacher instead of taking matters into his own hands. It is important that the children understand where it went wrong and what they should have done in that situation. Communication is very important in any…

    • 2623 Words
    • 11 Pages
    Good Essays
  • Good Essays

    Many parents or guardians are vulnerable to go to jail on the charges of child abuse or child neglect. Discipline has a great influence in societal changes. Today, acts are enacted to provide support for children to defend themselves if they consider that they are “harshly disciplined”. Kids have the right to testify against their guardian. This takes away from chastisement of a child and also supports the injustice of the child. Families in the 60’s were allowed to raise their children. These children comprehended that if something was done that was unacceptable to parents there was always a…

    • 590 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Mitchell, Patrick. "Physical punishment and why kids are better off without it."Children 's Voice Magazine July-Aug. 2007: 19. Academic OneFile. Web. 25 Apr. 2013.…

    • 2453 Words
    • 10 Pages
    Better Essays
  • Powerful Essays

    Your 8-year-old refuses to put away her toys. Your 11-year-old isn 't turning in his homework on time. Your 16-year-old has come home late for the third time in a row. One of the biggest challenges in raising children is providing proper discipline. Punishment sometimes comes in the form of name calling, isolating a child, or using physical force, may or may not give you immediate results. There has been increasing debate about how we can effectively discipline children - and the rights and wrongs of corporal punishment. This paper will look at (1) the change in societal views of corporal punishment of children (2) the effects of corporal punishment on children, and (3) alternatives to the use of corporal punishment on…

    • 2682 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Roberts, A. (2007). To spank or not to spank: That is the question many parents are debating as…

    • 2037 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Declaration Of Equality

    • 622 Words
    • 3 Pages

    While the facts of each case are different, the main issue in each was the constitutionality of state-sponsored segregation in public…

    • 622 Words
    • 3 Pages
    Good Essays