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Parents, Children, And The Law Of Assault, Hamish Stewart
Parents, Children, And The Law Of Assault, Hamish Stewart
Dalhousie Law Journal
The debate concerning the constitutionality and the possible repeal of s. 43 of the Criminal Code, the so-called "spanking" provision, has raised an important issue: when a parent touches a child without the child's consent, under what conditions is the parent's conduct an assault? Supporters of the'repeal of s. 43 have suggested that parents are protected from inappropriate prosecutions by the exercise of prosecutorial discretion and by the common law defences of de minimis non curat lex and necessity But prosecutorial discretion is not a suitable substitute for a proper definition of the scope of criminal liability,and the defences ofde …
Christian V. State: An Unnecessary Overcorrection Threatens The Law Of Criminal Assault, Christopher Dahl
Christian V. State: An Unnecessary Overcorrection Threatens The Law Of Criminal Assault, Christopher Dahl
Maryland Law Review
No abstract provided.