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The Science and Statistics Behind Spanking Suggests that

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11-FULLER_FINAL_AFTERPROOF.DOC 2/17/2009 8:50 AM<br />

2009] THE SCIENCE AND STATISTICS BEHIND SPANKING 295<br />

Jami lost the battle for control; she lost control of herself; she lost<br />

control of her temper <strong>and</strong> her ability to discipline reasonably. 276<br />

Timmy’s posttraumatic stress disorder illustrates the tendency for<br />

mental punishment to become mental abuse. 277 <strong>The</strong>re’s a fine line<br />

between mental abuse <strong>and</strong> legal, socially approved timeout <strong>and</strong> other<br />

modes of disciplining children. 278 Despite this, the idea <strong>that</strong> timeout<br />

increases the risk <strong>that</strong> a parent will go too far <strong>and</strong> cross the line to<br />

mental abuse has been largely ignored. 279<br />

This abusive timeout is appalling, but so is the conclusion drawn<br />

from it. Few people really think timeout inherently increases the risk<br />

<strong>that</strong> a parent will mentally abuse her child. Nevertheless, this story says<br />

timeout leads to mental abuse in exactly the same way <strong>that</strong> some<br />

researchers have said spanking leads to physical abuse. 280<br />

<strong>The</strong>re is no empirical basis for either argument. 281 But as<br />

advertisers have long been aware, if you repeat a claim frequently<br />

enough, people will eventually believe it. 282 Accordingly, many<br />

researchers commonly label spanking “violence,” <strong>and</strong> children who have<br />

been spanked “victims.” 283 Because they repeatedly allege <strong>that</strong> physical<br />

discipline is inherently evil, lawmakers are beginning to believe it. 284<br />

DISORDER xiii (1999). In order to concretely illustrate the scare tactics researchers like Dr. Straus<br />

use, this paragraph applies the facts from Mr. Savini’s story to one of Dr. Straus’ paradigmatic scare<br />

stories. Cf. STRAUS, supra note 33, at 81 (“Ricky LeTourneau ‘was disciplined to death’ by foster<br />

mother Deborah Wolfenden after she lost control of her temper <strong>and</strong> beat him.”).<br />

276. Cf. STRAUS, supra note 33, at 81 (“[She] lost the battle for control. She lost control of<br />

herself. She lost control over her temper <strong>and</strong> her ability to discipline reasonably.”).<br />

277. Cf. id. (“Ricky’s death illustrates the tendency for physical discipline to become physical<br />

abuse.”).<br />

278. Cf. id. (“<strong>The</strong>re is a fine line between physical abuse <strong>and</strong> legal, socially approved spanking<br />

<strong>and</strong> other modes of disciplining children.”).<br />

279. Cf. id. (“Despite this, the idea <strong>that</strong> spanking increases the risk <strong>that</strong> a parent will go too far<br />

<strong>and</strong> cross the line to physical abuse has been largely ignored.”).<br />

280. See supra notes 275-279 <strong>and</strong> accompanying text (relating a similar story about physical<br />

abuse from Dr. Straus’ book).<br />

281. See, e.g., supra note 211 <strong>and</strong> accompanying text.<br />

282. See, e.g., MADSEN PIRIE, HOW TO WIN EVERY ARGUMENT: THE USE AND ABUSE OF<br />

LOGIC 113 (“Advertisers have long been life members of the ad nauseam society. <strong>The</strong>y know <strong>that</strong> a<br />

specious claim acquires credibility <strong>and</strong> force if it is repeated often enough. <strong>The</strong>y know the<br />

importance of building up not a rational conviction but a habit of association . . . . [T]o use the<br />

argumentum ad nauseam is easy enough: all you have to do is to repeat yourself.”).<br />

283. See, e.g., U.N., Children <strong>and</strong> Violence, supra note 5, at 6 (calling spanking, “violence,”<br />

<strong>and</strong> children who have been spanked, “victimized”).<br />

284. See, e.g., supra note 98 <strong>and</strong> accompanying text; Part II, supra.

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