Ingraham V. Wright

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INGRAHAM V. WRIGHT
INGRAHAM V. WRIGHT
James Ingraham and Roosevelt Andrews of Drew
Junior High in Dade County, Florida
Three counts: two for individual damages, and one
class action lawsuit
Defendants: Willie Wright (Principle), the assistant
principle, and the district superintendent
INGRAHAM V. WRIGHT
Brought the issue of corporal punishment to the
legal and nation level
U.S Supreme Court considered whether the act of
paddling violated:
1. Eighth Amendment right to be free from
cruel and unusual punishment
2. Fourteenth Amendment right to due process
INGRAHAM V. WRIGHT
Ingraham received 20 “licks” with a paddle and
suffered a hematoma
Andrews was paddled several times for minor
infractions
BACKGROUND INFORMATION
 At the time, many of the schools in Dade County
used corporal punishment in accordance with Florida
state law
 Flat wooden paddle measuring less than 2 feet long,
3-4 inches wide, and about ½ an inch thick
 The school board policy contained specific
instructions
 Drew Junior High punishment was considered to be
exceptionally harsh
COURT FINDINGS
Class action suit: the court found that it did not
violate any constitutional rights
Individual damages: a jury could not lawfully find
the punishment severe enough to be considered
“cruel and unusual punishment” under the Eight
Amendment
DECISION REVERSED
Fifth Circuit reversed the decision
Found the beatings “excessive” and decided the
punishment could violate the Eighth Amendment
Risks of physical and psychological harm, availability
of alternative methods of discipline
Due Process
REVERSED AGAIN
Eighth Amendment only applies to punishment
imposed for crimes
Misuse of judicial power
Long accepted practice with utility and value
Children do not need Eight Amendment protection
CURRENT PRACTICES
 Source of debate in the U.S.
 Legal in 19 states
 Approximately 15,000 students seek medical
treatment every year
 Illegal in every developed nation except the U.S. and
parts of Canada
 Decline has slowed in recent years
(Dingus & Dupper, 2008; The Center for Effective Discipline,
2008)
CURRENT PRACTICES
State
Number of students
hit
Alabama
33,716
Arkansas
22,314
Florida
7,185
Georgia
18,249
Louisiana
11,080
Missouri
5,159
Mississippi
38,131
Oklahoma
14,828
Tennessee
14,868
Texas
49,197
(The Center For Effective Discipline, 2008)
CURRENT PRACTICES
Defined as “physical pain inflicted on the body of a child
as a penalty for disapproved behavior”
Can include hitting, spanking, paddling, & the use of
other objects
Used more frequently with boys, low-income children,
minorities, and in rural areas
(Hyman, 1978; Sacks, 2009)
RESEARCH ON CP
 “The use of frequent and harsh physical punishment is
not effective and can have detrimental effects”
 Antisocial behavior
 Aggression and violence
 Decreased cognitive development
 Delinquent behavior
 Substance abuse
 Suicidal ideations
 Immediate compliance
(Hicks-Pass 2009; Sacks, 2009)
RESEARCH ON CP
 Easily abused, leads to physical injuries, and can cause
serious emotional harm
 No evidence that it leads to better classroom
control, enhances moral development in children, or
increases children’s respect for authority figures
 Does not show child the correct behavior
 Does not produce changes in behavior
 Shows children that violence is acceptable
(Fina, 1983; Smith, 2002)
RESEARCH ON CP
94% of children experience corporal punishment
Few actually experience severe negative
outcomes
The more strongly and more often children
experience it, the more likely they are to
experience negative outcomes
Positive reinforcement has been found to be
more effective
(Bethesda, 2006; Gershoff, 2002)
EFFECTS ON BEHAVIOR
 Longitudinal study on 1,000 children
 Measured the quality of their home environment,
behavior, and temperament at different points in time
 Corporal punishment was found to be associated with
increased behavior problems in toddlerhood and first
grade
 Effects can be cumulative
(Mebert, 2007)
WAYS TO HELP STOP CORPORAL
PUNISHMENT
 Assume a leadership role
 Educate school administrators and teachers
 Advocate for student rights
 Advocate for alternative/preventative methods
 Contribute to research
(Bethesda, 2006; Dingus & Dupper, 2008)
ALTERNATIVES
 Prevention and Intervention Programs
 Establish clear behavior expectations and guidelines
 Enforce rules with consistency, fairness, and calmness
 Focus on student success
 Provide social skills training, conflict resolution skills,
anger-management, and problem-solving training
 Facilitate early detection and intervention
 Behavioral intervention programs
(Bethesda, 2006; Smith 2002)
EFFECTS ON SCHOOL PSYCHOLOGY
Both NASP and APA reject its use
Work within the system
Ethical dilemma
REFLECTION
 Paved the way for lower courts to avoid cases involving
corporal punishment
 If parents had done it, child abuse charges would have been
filed
 Children who are incarcerated enjoy constitutional protection
from corporal punishment, as do adult criminals
 Corporal punishment is banned in prisons & mental health
institutions
 Children are the only population that it acceptable to hit by
law
 Even if risks are low, why risk it?
JOKES…
 Why was the math book so
unhappy?
 How do you organize a
space party?
REFERENCES
Dingus, A. E., Dupper, D. R., (2008). Corporal punishment in U.S. public schools: A continuing challenge for school
social workers. Children & Schools. 30(4), 243-250.
Fina, A., Hyman, I. A. (1983). The National Center for the Study of Corporal Punishment and Alternative in the
Schools: Moving from policy formation to implementation. Journal of Clinical Child Psychology, 12(3),
257-260.
Gershoff, E. T., (2002). Corproal Punishment, Physical Abuse, and the Burden of Proof. Psychological Bulletin,
128(4), 602-611
Hicks-Pass, S. (2009). Corporal punishment in America today: Spare the rod, spoil the child? A systematic review
of the literature. Best Practices in Mental Health: An International Journal, 5(2), 71-88.
Hyman, I. R., (1978). A social science review of evidence cited in litigation on punishment in the schools. Journal
of Clinical Child Psychology, 7(3), 195-199.
Ingraham v. Wright, 1977. 430 U.S. 651, 97 S.Ct. 1401, 51 L.Ed.2d 711. Supreme court ruling April, 19 1977.
Retrieved November 18, 2012 from Westlaw Campus Research.
Mebert, C. J., Mulvaney, M. K.. (2007). Parental corporal punishment predicts behavior problems in early childhood.
Journal of Family Psychology, 21(3), 389-397.
National Association of School Psychologists. (2006). Corporal punishment. (Position Statement). Retrieved on
November 18, 2012 from http://www.nasponline.org/about_nasp/positionpapers/
CorporalPunishment.pdf (Bethesda, MD: Author)
The Center for Effective Discipline. (2008). Corrporal Punishment in Public Schools, By State. Retieved on
November 19, 2012 from www.stophitting.com
Smith, D. (2002). Journal Article reignites debate over corporal punishment. Monitor on Psychology, 33(8), 8.
Sacks, D. P., (2009). State Actors Beating Children: A Call For Judicial Relief. University of California, Davis, School
of Law, 42(4), 1167-1218.
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