Indianapolis Mother Claims RFRA Defense In Child Abuse Case

[2A_Tom]

The state has the duty to protect its citizens.

 

[Leo]

Just because a person cites some verbage in a law to justify their actions, does not make their action justified, not does that outline the intent of the law.

If someone stands behind "life, liberty and the pursuit of happiness" to justify raping your wife, that is not a valid application of the Constitutional concept, no matter how happy the rape makes him.

In this case, it appears the woman is out of line, no matter what law she tries to twist to justify it.

 

[HoughMade]

The more experienced criminal law guys know better than I, but this argument reeks of desperation and a few other things. First of all, if the claim is that this falls within a constitutional right to discipline your children as you see fit, RFRA isn't even necessary to discuss.

As for the Christian bashing. I'm pretty much impossible to offend. Say what you will if it makes you feel superior. I'll be praying for you.

Lastly, parents have a right to corporal punishment, but not abuse. This does not appear to be a close case. Looks like abuse to me. If you even feel it an hour or two later, it's probably too much. If you can see it the next day, it certainly was (barring an undiagnosed blood disorder). This isn't that hard to figure out.

 

[BehindBlueI's]

The more experienced criminal law guys know better than I, but this argument reeks of desperation and a few other things. First of all, if the claim is that this falls within a constitutional right to discipline your children as you see fit, RFRA isn't even necessary to discuss.

As for the Christian bashing. I'm pretty much impossible to offend. Say what you will if it makes you feel superior. I'll be praying for you.

Lastly, parents have a right to corporal punishment, but not abuse. This does not appear to be a close case. Looks like abuse to me. If you even feel it an hour or two later, it's probably too much. If you can see it the next day, it certainly was. This isn't that hard to figure out.

Agreed on all fronts.

Lawyers sometimes make claims they know are spurious or foolish because they are expected to do *something* even when there's nothing to do.

Folks love to attack religion, especially when it isn't their own. I'm Muslim, but the Catholic Sagrada Familia cathedral was one of the most moving things I've ever seen in my life. Anarchists tried to destroy it during the Spanish civil war. I can't fathom why. Anything that gives comfort to people, anything that's "them" and not "us", anything that exerts the tiniest bit of control on our baser impulses for the good of society...some folks have to smash it.

 

[2A_Tom]

And I've never seen you play that card. I have great respect for you. If I have ever crossed the line with you, I sincerely apologize. I don't Hold Muslims in contempt, only those who would commit heinous Crimes in the name of religion. I also condemn Westboro [strike] Baptist Church[/strike] and anyone who would commit violence in the name of Christ.

 

[BehindBlueI's]

:

And I've never seen you play that card. I have great respect for you. If I have ever crossed the line with you, I sincerely apologize. I don't Hold Muslims in contempt, only those who would commit heinous Crimes in the name of religion. I also condemn Westboro [strike] Baptist Church[/strike] and anyone who would commit violence in the name of Christ.

No worries.

 

[JettaKnight]

Just for those who didn't click the link, this is what's under discussion:



To a 7 year old.

I know what my punishment would be.

 

[MisterChester]

RFRA needs to be repealed and replaced

 

[HoughMade]

RFRA needs to be repealed and replaced

It has no application in this case.

 

[JettaKnight]

It has no application in this case.

I don't think he cares.

 

[HoughMade]

...Lawyers sometimes make claims they know are spurious or foolish because they are expected to do *something* even when there's nothing to do...

That's true. In this case, i don't know him, but from what I have read, her lawyer appears to be an pretty interesting guy.

 

[LPMan59]

Islamists don't believe in abortion Until 11 or 12 years old.

Since the 4th century Islam has been bring peace to a neighborhood near them, since the11th century people have been pushing back. That is the history in short.

your dates are a bit off

 

[2A_Tom]

Yeah, you are right but the point is still the same.

 

[jamil]

Count down to thread lock starts now ... 1, 2, 3.....

Um, that's a count UP.

The more experienced criminal law guys know better than I, but this argument reeks of desperation and a few other things. First of all, if the claim is that this falls within a constitutional right to discipline your children as you see fit, RFRA isn't even necessary to discuss.

As for the Christian bashing. I'm pretty much impossible to offend. Say what you will if it makes you feel superior. I'll be praying for you.

Lastly, parents have a right to corporal punishment, but not abuse. This does not appear to be a close case. Looks like abuse to me. If you even feel it an hour or two later, it's probably too much. If you can see it the next day, it certainly was (barring an undiagnosed blood disorder). This isn't that hard to figure out.

I never thought the switching I got was abuse. I could feel that two hours later. But my backside afterwards didn't look anything like these pictures.

Hey if we let the state tell people how to raise their kids...

The state has the duty to protect its citizens.

There's a pretty definitive line between abuse and not. It may be difficult to specify the precise placement of that line in words, but you know it when you see it.

 

[2A_Tom]

That is why it takes 12 to convict criminally.

 

[target64]

The spare the rod, spoil the child mantra has been used successfully in at least one case. Hospital records, police reports, the detectives photos did not matter as the judge ruled it was my fathers right to disciple his children however he thought was proper.

I am a firm believer in disciple. But there is definitely a difference between an ass whoopin and an all out beating.

 

["Username"]

"The Department of Child Services stepped in"



Ah..... It will get better now.

 

[david890]

Since the 4th century Islam has been bring peace to a neighborhood near them, since the11th century people have been pushing back. That is the history in short.

Uh, dude, Mohammed was born in the 7th century...

But back to the issue: under RFRA, what action could *not* be argued to be a "firmly-held religious belief" by someone?

 

[jamil]

Uh, dude, Mohammed was born in the 7th century...

But back to the issue: under RFRA, what action could *not* be argued to be a "firmly-held religious belief" by someone?

I'm pretty sure it wouldn't cover abuse.

 

[BADWOLF]

I was going to throw out the " to spare the rod, is to spoil the child " quote but I got beat to it. But in that verse, what do you all think the ROD is? Just wondering I mean it sounds fun and not at all painful.