Much as it has effected change in the realm of noncriminal corporal punishment, the democratic process likely would yield changes in the law of criminal punishments similar to those brought by the courts' doctrine of evolving standards of decency, but at a pace more consistent with the actual evolution of public standards of decency.
76) Thus, corporal punishment is permitted under the Eighth Amendment, and state legislatures are solely responsible for determining the legality of corporal punishment.
Corporal punishment at school is currently on the decline, both internationally and domestically.
In contrast to the parallel international and domestic decline in the permissibility of corporal punishment at school, domestic legislation has not followed international example by regulating corporal punishment in the home.
Wright (94) that corporal punishment in schools is exempt from the Eighth Amendment's proscription of cruel and unusual punishment.
OTTAWA -- The Supreme Court of Canada says parents can spank children, who are older than two years of age and are not yet teenagers while teachers "may reasonably apply force to remove a child from the classroom or secure compliance with instructions, but not merely as corporal punishment.
The Court's decision stemmed from an appeal by the Canadian Foundation for Children, Youth and the Law, which wanted corporal punishment of children to be outlawed.
On a PIL filed by Bhanja earlier, the high court had banned all forms of corporal punishments in schools in 2004.
In 2009, the court had framed proper guidelines where it was observed that the students need to be counselled instead of handing out corporal punishment.
The court had also asked the state to carry out publicity campaigns against corporal punishment in schools.