tag:blogger.com,1999:blog-6642011.post115993781397280027..comments2023-10-29T10:32:36.914-04:00Comments on Philosophy, et cetera: Worth NotingRichard Y Chappellhttp://www.blogger.com/profile/16725218276285291235noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6642011.post-1160094536771005112006-10-05T20:28:00.000-04:002006-10-05T20:28:00.000-04:00Actually in the smacking case, the police do not h...Actually in the smacking case, the police do not have to prove that a child was smacked to the jury, as any unwanted physical touching is counted as assault under the law. So if the police charge you, without 'reasonable force', if the child says it is unwanted you are guilty. <BR/><BR/>Just have to hope police have common sense, or that a judge decides a charge is too trivial to trial... but these are background forces that protect us from the word of law, like the US article mentions.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6642011.post-1159941303246653942006-10-04T01:55:00.000-04:002006-10-04T01:55:00.000-04:00I don't think that's comparable to the U.S. situat...I don't think that's comparable to the U.S. situation -- at least in NZ the police still have to convince a jury of your peers that you smacked a child. But yes, you may recall <A HREF="http://pixnaps.blogspot.com/2005/07/unenforced-laws.html" REL="nofollow">I've argued before</A> that greater discretion (e.g. to judge whether the smacking involved "reasonable force") should lie with juries rather than police. So our legal system isn't perfect. But at least it can't be sidestepped by those in power. (Can it? I sure hope not, anyway!)Richard Y Chappellhttps://www.blogger.com/profile/16725218276285291235noreply@blogger.comtag:blogger.com,1999:blog-6642011.post-1159940428628510662006-10-04T01:40:00.000-04:002006-10-04T01:40:00.000-04:00hmm...with the anti-smacking (full adult rights to...hmm...<BR/>with the anti-smacking (full adult rights to children) legislation it seems to rest solely with the police force.<BR/><BR/>But i guess in a sense it always did like with the executive and the police.Geniushttps://www.blogger.com/profile/11624496692217466430noreply@blogger.com