Parental Discipline
Consult with knowledgeable military criminal defense attorneys today
Parental discipline is a defense in military child abuse cases. Parental discipline can constitute an affirmative defense. However, the right of a parent to discipline a child by use of force is not without limits. When the defense of parental discipline is raised, the military judge should instruct as follows:
The evidence has raised an issue of whether the accused was imposing corporal punishment as a permissible parental disciplinary measure at the time of the alleged act(s) on the child in relation to the offense(s) of (state the alleged offense(s)).
In determining this issue you must consider all the relevant facts and circumstances, including, but not limited to:
- The amount of force used
- The instrument used
- Where upon the body the force was applied
- The number of times and manner force the instrument was used
- The age and size of the child
- The size of the accused
The military judge may specify other significant evidentiary factors bearing on the issue and indicate the respective contentions of counsel for both sides.
Service members charged with child abuse need counsel from experienced military criminal defense attorneys. Call Daniel Conway & Associates today at (888) 401-6214.
