The Constitution protects prisoners more than schoolchildren from beatings.

Evidence

If a prisoner is beaten severely, he has Eighth Amendment protection. If a schoolchild is beaten with the same severity, he does not — because the schoolchild has the theoretical ability to sue the teacher after the fact. The majority’s reasoning leads to the conclusion that the Constitution is less protective of children in schools than of adults in prisons. This seems to me to be precisely backwards. — , The Rod and the Child, 9428

Categorization

  • XREF: connects to: Compulsory school attendance constitutes state custody over children. — , The Rod and the Child: A Global History…, 9430; The reasonable chastisement defense violates equal protection for children — , The Rod and the Child: A Global History…, 7597; Objective criminal law also protects the criminal from excess punishment — Georg Simmel, on individuality and social forms_…, 431

Broader Connections