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Parental rights are one thing, with every parent unique in their style. But one Texas judge felt differently, allegedly ordering spankings as punishment in his courtroom. The parents of one child who was on the receiving end filed a lawsuit.
Justice of the Peace Gustavo "Gus" Garza, a Cameron County judge in an area located just north of the Texas and Mexico border, is probably no stranger to handing out discipline. But according to a news article, he has been handing out more than what one family deems appropriate.
According to the article, the parents of a 14-year-old girl sent to court for truancy have brought suit against Garza for forcing the teen's step-father, Daniel Zurita, to spank the teen in the courtroom with a paddle that appeared to be cut from a two-by-four piece of lumber.
Garza was alleged to have given the ultimatum of a $500 US dollar fine and find the teen guilty of a criminal offense or administer the spanking right there in the courtroom. Zurita supposedly felt he that he had to repeatedly bust the teen's bottom with the board of justice or else incur the fine and mar the young girl's record with a criminal offence: truancy.
Zurita said of the incident in an affidavit that "I did not feel that I had a choice but carry out the orders of the judge. When I was finished, Judge Garza told me that I had not struck (my stepdaughter) hard enough ..."
Judge Garza refused to comment on Wednesday but was quoted by the article as saying:
"I don't know anything about it," said Garza, noting that he has not seen the lawsuit. He also declined to say whether he's had people spanked in his courtroom.
The family's attorney called the Judge's action "unconscionable", especially to order a step-parent to administer a public beating in a courtroom.
Corporal punishment advocate or not, is it the right of a Judge to order a parent to spank a child in the courtroom as an alternative to a heavy fine and criminal record?
Food for thought on this judicial ruling on the "board of education".
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Some kids do need a good spanking. Especially if this punishment averts any other form of criminal activity.
My parents wouldn't have needed a judge to order a spanking. They would have done so just because I had charges laid against me. Hence because of that, I stuck to the straight and narrow.
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@ harmony
Some kids do need a good spanking. Especially if this punishment averts any other form of criminal activity.
My parents wouldn't have needed a judge to order a spanking. They would have done so just because I had charges laid against me. Hence because of that, I stuck to the straight and narrow.
LOL - good parental judgement! :o)
But should a judge order it? Some parents are averse to hitting their children while others, like myself, believe in the rod. I don't have to spank because my children know that I will.
I am just weirded out that a judge might even contemplate ordering a forced beating. Some school's still allow parental waivers for a good paddlin', but parent's choice, not school. -
@ Nikki W (karateblossom)
LOL - good parental judgement! :o)
But should a judge order it? Some parents are averse to hitting their children while others, like myself, believe in the rod. I don't have to spank because my children know that I will.
I am just weirded out that a judge might even contemplate ordering a forced beating. Some school's still allow parental waivers for a good paddlin', but parent's choice, not school.
What do you mean by "ordering a forced beating?" If it falls under the category of abuse causing bodily harm, then I don't think it's legal.
When I went to school, we were threatened with "the slap." the school had two different types. They had a red leather slap and a black one. I forgot which one was thicker. The strap was used as a form of discipline and it worked. Kids were too afraid of getting the strap therefore they were obedient. Most kids were never given the strap because they knew better. Today kids are threatening and abusing their teachers. I'm beginning to think that the schools should implement the strap again. -
The article never mentioned the mothers role or lack there of??? I wonder if the child has been late for school since the step-father opted to save her future by not paying the fine and allow a criminal history?
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@ harmony
What do you mean by "ordering a forced beating?" If it falls under the category of abuse causing bodily harm, then I don't think it's legal.
When I went to school, we were threatened with "the slap." the school had two different types. They had a red leather slap and a black one. I forgot which one was thicker. The strap was used as a form of discipline and it worked. Kids were too afraid of getting the strap therefore they were obedient. Most kids were never given the strap because they knew better. Today kids are threatening and abusing their teachers. I'm beginning to think that the schools should implement the strap again.
The judge ordered that the STEP DAD WHOOP the did or else face a 500 dollar fine and criminal record for the girl. An ultimatum. Forced beating.
The school spanked me with a board once (5th grade) and they by law had to tell my parents. My mother was up the the office and in front of me told the principal if he EVER touched me again, she would personally beat his ass with a baseball bat and he had no legal right to touch me without her prior knowledge or approval. Parental consent.
I was a good kid. Straight A student 0 discipline problem - a bad kid lied about me and she was a "popular" student and manipulator...the truth came out later but still, I got 3 licks with a board that had holes in it. I had never seen my mother so pissed. I'll tell you what, if anyone ever touched my children, they would be minus one trachea in less than 1 second.
Parents have a right to know if their children are going to be hit. -
@ Patrick R. Murray
The article never mentioned the mothers role or lack there of??? I wonder if the child has been late for school since the step-father opted to save her future by not paying the fine and allow a criminal history?
The LINK did in fact state she was present in the court but that the judge ordered the step dad to spank and not her. -
I don't consider being hit with a board a spanking. It's a beating, plan and simple.
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@ Connie M (Catana)
I don't consider being hit with a board a spanking. It's a beating, plan and simple.
If there are no marks, bruises or broken bones, it's a spanking, plan and simple. -
MMMM, interesting, so if I hit my child with a chair but do not leave a bruise, then it is a spanking? Plain and simple?
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Spanking is without the use of an aide. A beating uses such, although corporal punishment is different than parental discipline.
Parents do not spank with a belt, flyswatter, switch - they bust ass or administer a whoopin!
They spank with a hand. And if the mark remains, it is child abuse.
The debate of spanking or whoopin ass isn't on trial, but whether a judge has the right to say "Hey you who isn't even the biological parent, you either bust her ass with this board or else you get to fork over a $500 fine and she gets a criminal record because she ditched school".
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@ Nikki W (karateblossom)
Spanking is without the use of an aide. A beating uses such, although corporal punishment is different than parental discipline.
Parents do not spank with a belt, flyswatter, switch - they bust ass or administer a whoopin!
They spank with a hand. And if the mark remains, it is child abuse.
The debate of spanking or whoopin ass isn't on trial, but whether a judge has the right to say "Hey you who isn't even the biological parent, you either bust her ass with this board or else you get to fork over a $500 fine and she gets a criminal record because she ditched school".
Are you taking issue by the fact that a parent who is not a parent by means of being a "biological parent" the right to discipline his child? So in other words an adoptive parent or a step parent has no right to discipline his child? Am I to understand that you might not be too upset if the dad was, in fact the child's biological parent? -
I went through some hassles with my ex-in-laws and the court years ago on my oldest son. My then in-laws complained that my son was spanked with a paddle by his then-step-dad, but no marks were left...and they tried to nail us then with corporal punishment. As I told the judge then, that my son was "disciplined" on his behind and not slapped or hit elsewhere on his body...when my son did wrong. The judge agreed with me, that punishment dealt that way was okay and was NOT corporal punishment.
I believe that in some cases, spankings are warranted, but that's my opinion and I know plenty of people that don't believe in physically spanking a child. As for a court ordering such punishment...that judge over-stepped his boundaries.
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@ harmony
Are you taking issue by the fact that a parent who is not a parent by means of being a "biological parent" the right to discipline his child? So in other words an adoptive parent or a step parent has no right to discipline his child? Am I to understand that you might not be too upset if the dad was, in fact the child's biological parent?
Definately not, Harmony. What I'm saying is that the biological mom was there and was opposed and the step dad was opposed.
I do not by any means hold an adoptive parent and a step-parent on equal footing. No way, no how. A step-parent doesn't have the same rights as an adoptive parent and that issue is for a whole different discussion. I have handed a child over for adoption and am also a step mom and the law on discipline is completely different as far as the two goes.
For a judge to hand over an ultimatum to the step-dad with the mom right there - I'd be pissed if that were my child. And I'd be pissed if that were my step daughter and the judged handed that ruling over to me. It isn't my place to whoop my step daughter...its my husbands place.
If anything should ever cause my husband and I to divorce, I lose all rights to my step-daughter and therefore, the right to beating (which I believe this to be) is a touchy subject.
It is my place to whoop my four boys if forced to do so in this case, although I would have taken the fine and fought it tooth and nail had a judge given that ruling to me.
It isn't my place to even so much as touch or speak of discipline regarding the child another family adopted (i was a surrogate/biological doner, my husband and I).
Great thinking points Harmony. -
Definately good thinking points, Nikki and Harmony.
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ahh deb my sweets hugs! see, personally believe in spanking and ive whooped a time or two~ boys need it at times. i dont have huge disciplinary issues w my kids n no grade problems. are they fearful of the rod...u bet. except the 5 yo, who has no fear.
but for a judge to force me to spank would be wrong
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I agree...having a judge ordering you to spank a child in front of the courtroom...definitely an off-the-wall call. The judge must've been a sadist at heart!
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Awwwww, let's step into reality people, most 'parents' today don't discipline their children, then whine and cry when they ( the children ) run a-fowl of the law. And it's all society's fault that no one is disciplining their children. etc... etc....
We need to take responsibility for our actions, and accept that when we can't correct our children, someone needs to.....
As for those saying it's nothing but a beating, Bull !!!!
I've seen too many who haven't gotten a good spanking, later in life, won't step up to the plate when they do something wrong, they point their fingers and blame someone else for the choice that they made......
We also need to realize that we are only getting the sensationalized version. We weren't there, we don't know what was said, we have no clue what that girl is like, she might be a holy freaking terror............ so, before condemning a judge for making his decision, think it through.
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Judge Sentences Children To Spankings By Parents And One Family Is Fed Up
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