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Me Me MElisabeth Sunkin

ED15

September 15, 00

Professor Riley

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Court Case Analysis - Final Draft

Just twenty- six years ago a junior high school student by the name of James Ingraham received a severe beating by his principal, Willie J. Wright, and two assistant principals, Lemmie Deliford and Solomon Barnes, as they held him down. It seems unbelievable that this could have happened in the year of nineteen seventy seven. Wasnt our society mature by then? Doesnt it seem morally and ethically wrong to do this, even then? Apparently not, for when this case was brought in front of the Supreme Court on April nineteenth, the Cruel and Unusual Punishment Clause of the Eighth Amendment did not apply to corporal punishment, nor does the Due Process Clause of the Fourteenth Amendment. This kind of treatment in schools dates back to practices used to punish slaves. Not only is it hazardous to the students well-being, but it terrorizes the fellow students and disrupts the learning atmosphere of the classroom. Do students want to behave based on moral and ethical values or by fear and abuse?

James Ingraham lived in Dade County, Florida where it was a common treatment to paddle students for bad behaivor based on Florida legislation and a local School Board Regulation. Explicit directions and limitations on regualtions of the punishment were supposively enforced but as one will learn from the reading, not practiced. The flat wooden paddle had to measure less than two feet long, three to four inches in width, and one half inch thick. A student was limited to one to five licks and there had to be no apparent physical injury. Last, teachers had to consult the principal prior to the licking. These rules and regualtions seem set up to be abused. Who exactly is to judge the limit on bad behaivor? Is it speaking without a raise hand or cursing out loud? Is two paddles on the bottom enough punishment or ten? In Ingrahams case, after he refused to be paddled, for he apparently did not leave(ing) the stage of the school auditorium promptly he was held down by his legs and arms and paddled twenty times on the buttocks with a two-foot-long wooden paddle. This resulted in a hospital visit, where the doctor prescribed pain pills, ice packs, and a laxative, and a week long absence from school. This experience must cause severe emotional, mental, and physical stress on a child and the students watching. A school is suppose to be a safe haven where basic learning skills are taught and practiced, to prepare students for integratiuon and involvment into society.

The Ingraham versus Wright case brought up the Eighth Amendment and the Fourteenth Amendment of cruel and unusual punishment and the Due Process clause. Whether the paddling of students constitutes cruel and unusual punishment in violation of the Eighth Amendment; and second, to the extent that paddling is constitutionally permissable, whether the Due Process Clause of the Fourteenth Amendment requires prior notice and an oppurtunity to be heard. School authorities viewed this corporal punishment as a less drastic means of discipline that suspension or expulsion. The fact that this school used this kind of treatment on their students and was legally just, protects the school and the teachers, while nothing helps the students from immoral and sick abuses. Parents sent their students to this school, knowing of the puinshment that could be done if their children misbehaived, but somehow the system got screwed up and people began making their own rules.

The Eighth Amendment of the Constitution was designed originally to protect those convicted of crimes. It ensured that no person convicted would receive any cruel and unusual punishment. The Supreme Court system argued that corporal punishment is the traditional means of maintaining discipline in the public schools, and that although public opinion is divided on the issue, there is not any trend to eliminate its use. The Court also ststed that the punishment be used in such a reasonable manner. Determining what is reasonable creates a completely open system whereas public-school authorities can beat their students, but the extent to which the punishment is given, must be reasonalble. It seems as though this legislation was made to be abused, for there are so many loopholes that defend only the teachers and none that help the students. One could never learn in such a school that practices such hypocritical values.

The Fourteenth Amendment states that it prohibits any state deprivation of life, liberty, or property without due process of law. Due process is a law because it protects the individual from mistaken punishment that the State would not have inflicted upon, had it found a more reliable method. Under the Florida law, punishing students for the misbehaivor of their actions could not be reversed if they were found innocent later, nor their damages, because teachers were proceeding in utmost good faith... on the reports and advice of others. As long as the punishment was reasonable from the view of the disciplinarian. This makes one want to scream Good Faith?! It is the liberty interest of the student to be able to attend school with their fellow classmates and to be free of any such punishment that involves unfair or fair pain, abuse, and such perversion.

This case resulted in a failure, as the Supreme Court overruled that Willie J. Wright had indeed practiced good judgment for the proper education of the child and for the maintenance of group discipline. No cruel and unusual puishment of this case seemed to be found or went unnoticed. The Cruel and Unusual Punishment Clause of the Eighth Amendment was found not to apply to corporal punishment. Again, the Supreme Court also found that the Due Process Clause of the Fourteenth Amendment did not require notice and a hearing prior to the imposition of corporal punishment in the public schools, or that practice is authorized and limited by common law. In my opinion, the Supreme Court failed to recognize the injust behaivor of the school authorities for acting as tyrants over their students. Once a student walks on the schools grounds, the school is at liability for the care and health of the student. This means that teachers are suppose to prevent anything bad from inflicting upon their students. I agree that a student should be punished for a wrong doing such as disrupting class or by cursing, but it should be reasonable. Reasonable, such as having to stay inside for recess or by staying after to erase and wash all the chalk boards. By given ardour tasks as punishments the students be able to learn from their mistakes. When a student is licked as a punishment wherther fairly so or not, they only develop fear and anger towards that person and perhaps the rest of the people watching. This results in a very unsafe community where abuse is highly prevalent and nothing is learned. How can students learn in an environment where they are constantly being abused for their actions and in consequence learn nothing for they do not understand why they are being puinshed? E

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