State v. Toliver

ADOLPHO A. BIRCH, JR., J.,

concurring.

Although I concur in the analysis and holding of the majority, I write to address an issue of concern: whether in today’s society a parent’s right to corporally chastise a refractory child survives, and, if so, how does one reconcile that right with the child abuse statutes as currently written and interpreted. It is my intention by this concurring opinion to raise the level of discussion and to provide, perhaps, a measure of guidance for the trial court on remand.

As far back as 1840, parents have had the right to inflict corporal punishment upon…