Ingraham v. Wright (1977)

Ingraham v. Wright (1977)

Jiaqi Jiang

Discussion No.1

Does the action that an eighth-grade student was paddled for 20 times is cruel and unusual???

Result

With respect to the first issue:

• The Eighth Amendment is applicable only to criminal punishments
• In the majority opinion, Justice Lewis F. Powell, Jr., wrote that “the prisoner and the schoolchild stand in wholly different circumstances, separated by the harsh facts of criminal conviction and incarceration.” 

Background

天河天河Defendants:

Principal Willie J Wright, assistant Principals Lemmie Deliford and Solomon Barnes, and Superintendent Edward L Whigham.

Result

Accusers:

James Ingraham

and Roosevelt Andrews

  eighth-grade student

As to the second issue：

Facts of the Case

• the Supreme Court ruled that the imposition of corporal punishment is consistent with the Due Process Clause; therefore, notice and a hearing are not required prior to imposition of corporal punishment.
• In reaching its decision, the court gave great weight to the historical tradition of corporal punishment in public schools in the United States

Impact on Society

In the 1970s, Florida Law allowed corporal punishment - with paddles - to be used to discipline students. The paddles were required to be flat, less than 2 ft long, 4 in wide and 1/2 in thick. Teachers were only allowed to paddle students on the bottom 5 times.

• After the Supreme Court ruled that corporal punishment in schools did not go against the 8th and 14th amendments, the court seemed no longer interested in the issue. The anti-corporal punishment movement died down.
• Each state is given the power to decide if corporal punishment is allowed in schools, and Alabama, Texas, and Tennessee are three of the twenty states that allow paddling.

Impact on Society

Paddling and spanking children as punishment is seen by many to be an outdated act that in no way improves behavior. On the other hand, others say that with the way children's attitudes have worsened, it is necessary to instill fear in them. Though corporal punishment does not violate any human rights according to the Supreme Court, schools must abide by paddling regulations and not use excessive force.

Two main issues

Conclusion

Background

Whether the use of corporal punishment violates the Cruel and Unusual Punishment Clause; and if so, whether the Due Process Clause of the Fourteenth Amendment requires that prior notice and an opportunity to be heard must be afforded students before corporal punishment is imposed.

It is a bad idea that to hurt a child to correct them. Violence does not give a good example.

The parents of the student is this case sued the school district because they said that their children had been paddled in school an excessive amount of times with an excessive force.

Process

United States District Court

the Court of Appeals

the en banc  Court

U.S. Supreme Court

Eighth Amendment

Bibliography

• http://www.4lawschool.com/case-briefs/ingraham-v-wright
• http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2466&context=mlr
• http://en.wikipedia.org/wiki/En_banc
• http://www.infoplease.com/us/supreme-court/cases/ar17.html
• http://www.departments.bucknell.edu/edu/fn125/Abstract%201%202009/wilson_ingraham.html
• http://www.britannica.com/EBchecked/topic/1987221/Ingraham-v-Wright
• http://educational-law.org/344-ingraham-v-wright.html

Discussion No.2

Does due process require notice to students before corporal punishment is imposed?

Due process

A course of legal proceedings according to rules and principles that have been established in a system of jurisprudence for the enforcement and protection of private rights.

Fourteenth Amendment

The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War.

Thank You