Family Violence: Legal & Social Perspectives on Child Battery

Child Battery
Student’s Name
Institutional Name
Child Battery
Child battery or child abuse remains among the most contested debates in contemporary society’s social and legal circles, considering the lack of clarity in the subject. In most states presently, punishment for child battery charges can be as varied as its defenses. Furthermore, most social and legal systems have been rendered reliant on the severity of the injuries inflicted to warrant specific punishments. Still, debates arise as to what amounts to a serious injury. In this paper, emphasis is put on Jerri’s case study with an attempt made at unearthing the legal, social, and psychological bases for the arrest of the accused. An insightful understanding of Jerri’s case should create a platform for addressing child battery, especially based on the intent to warrant arrest, the nature of the injury, and the possible defense for the accused.
Charging Jimmie with Battery
The first stage in any proper law enforcement platform constitutes charging the accused person within the required limits. The law enforcement officer in charge should have a reason beyond any doubt to arrest an individual. In other jurisdictions, the arrest can be undertaken to allow for more investigation into the matter. The accused can be incarcerated or released upon verification of all the facts surrounding the case. The case of Jerri is a cause for a dilemma, considering the roles that both the victim and the accused played before the abuse incident.
There are specific aspects to explore before deciding on whether Jimmie should be charged with battery or not in the case. The first aspect to consider is whether the incident was conducted as an act of discipline or abuse (Wallace, Roberson, & Globokar, 2019). Most legal and social jurisdictions do not manifest a definitive boundary between discipline and abuse. For instance, in most states and cultures in the US, spanking is considered legal and an act of discipline. However, some families believe that any undue physical act against a child should be considered abuse. There are no specific grounds for when a parent can be considered a disciplinarian or an abusive individual. However, states rely on child abuse statutes to differentiate between discipline and battery. On this ground, the arresting officer will listen to both sides of the story to determine if Jerri crossed the line and abused the child. Because Jimmie hit Jerri in an unconventional place (the face), the officer can arrest Jimmie and charge him with battery. However, most states do not usurp a parent’s right to use corporal punishment to discipline their children, including hitting on the face. However, the parent should show a good reason as to why he/she hit the child. The universal understanding of reasonable discipline would deter the officer from charging Jimmie.
The second question that the officer needs to answer is whether Jimmie can develop a reasonable disciplinary defense to avoid the charge. In most legal jurisdictions within the US, some grounds amount to reasonable discipline defense. Primarily, the defendant must be a parent. In this case, Jimmie is a parent and has the legal obligation not to subject the minors to harm ...