The recent arrest of 73-year-old Theresa Collier has raised many questions. Collier was jailed for slapping her 18-year-old cursing granddaughter. What is abuse? What are acceptable ways to discipline a child? Some people may argue that even a swat on a child's bottom with one's hand is abuse, and others feel that spanking is a safe and effective way to teach a child that there are consequences for one's actions.
Chief Assistant State Attorney Bruce Bartlett has dropped the charge of "Domestic Battery" against Theresa Collier.1 However, this 73-year-old grandma who has never been in trouble with the law did spend the night in Pinellas County jail. Was the responding officer required by law to make an arrest?
Sate of Florida Statues:
Title XLIII Chapter 741.28 Domestic violence; definitions - As used in § 741.28 - 741.31:
741.28 (2) "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Title XLIII Chapter 741.29 Domestic violence; investigation of incidents; notice to victims of legal rights and remedies; reporting. -
741.29 (2) When a law enforcement officer investigates an allegation that an incident of domestic violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in § 901.15(7), and as developed in accordance with subsections (3), (4), and (5). Whether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence. Such report shall be given to the officer's supervisor and filed with the law enforcement agency in a manner that will permit data on domestic violence cases to be compiled. Such report must include:
(a) A description of physical injuries observed, if any.
(b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two or more parties.2
The author of this article is not a lawyer; however, one might agree that it seems that this incident could have been handled without an arrest being made or a 73-year-old grandmother spending a night in jail. Abuse in any form is wrong. Are children growing up undisciplined because parents fear the laws? Do you think that a child who disrespects their parents, grandparents or teachers will grow up to be a law abiding, productive member of society? Things have changed over the years, a fine line has been created between abuse and what is acceptable when it comes to discipline. But a child needs to learn that there are consequences for their actions. This does not mean that abuse is the answer because it is not, but kids do need some form of effective discipline when they misbehave. Imagine driving without any traffic laws or consequences.
How likely is it that a child will respect the laws and grow up to become a productive member of society if they disrespect their own parents and disobey their household rules? Without understanding or a healthy fear of consequences for one's actions many children make unhealthy choices in life.
In my opinion, Theresa Collier slapped her grand-daughter to teach her that cursing is unacceptable and disrespectful behavior. Some people may argue that hitting as a form of discipline is unacceptable because it teaches a child to be aggressive. However, many people that grew up getting spanked are not aggressive, have no criminal records and are productive members of society. And many people who received good old-fashioned spankings as a child believe it taught them to respect their elders and to respect the laws.
Source(s):
1. Grandma who slapped mouthy teen will not face charges, Laura Kadechka, 10Connects.com
2.Florida Statues Title XLIII Ch. 741.29
Published by Ms. Marie
Ms. Marie is a determined individual, she is an honest, hard working, dependable person. Her love and respect for people keeps her grounded. She is always willing to help others, yet understands that everyon... View profile
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2 Comments
Post a CommentWell written article...and I happen to agree with what it says. :)
I favor corporal punishment at times. The statute is written too broadly.