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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 249<br />

Nevertheless, spanking’s successes are largely ignored. Many<br />

philosophically oppose corporal punishment <strong>and</strong> praise spanking bans,<br />

but few honestly consider the entire body of child discipline statistics. 19<br />

<strong>The</strong>refore, in this rapidly changing area of the law <strong>that</strong> lies at the heart of<br />

our children’s education <strong>and</strong> future, only one side of the story is being<br />

told. 20 This paper helps expose <strong>that</strong> other side. And if we continue to<br />

ignore <strong>that</strong> side, our children may be the ones <strong>that</strong> suffer.<br />

II. BACKGROUND: THE MOVEMENT TO GRADUALLY ELIMINATE<br />

SPANKING IN THE HOME<br />

<strong>Spanking</strong> is a discipline method defined as striking a child on the<br />

buttocks or extremities “without inflicting physical injury” <strong>and</strong> with the<br />

intent to modify behavior. 21<br />

A. <strong>The</strong> Movement to Change Public Opinion<br />

Many people think Dr. Benjamin Spock started the anti-spanking<br />

movement in the 1940s. 22 This is not really true. Dr. Spock did not<br />

discipline responses other than punishment or reasoning, ignoring, <strong>and</strong> love withdrawal. For older<br />

children, grounding was the only alternative discipline response <strong>that</strong> had more beneficial outcomes<br />

than did physical punishment. But even for older children, spanking had more beneficial effects<br />

than nonphysical punishment <strong>and</strong> verbal put-downs.)<br />

19. See, e.g., Susan H. Bitensky, Spare the Rod, Embrace Our Humanity, 31 U. MICH. J.L.<br />

REFORM 353, 361 (1998) (discussing various European spanking bans before 1998) (“Of the six<br />

countries <strong>that</strong> have enacted statues prohibiting all corporal punishment of children, four countries<br />

have lived with these laws for ten years or more.”). Ms. Bitensky then suggested, without<br />

discussing any criminal statistics, <strong>that</strong> such longevity was a positive sign. Id.<br />

20. See, e.g., Murray A. Straus, Corporal Punishment by Parents, 8 VA. J. SOC. POL’Y & L.<br />

7, 60 (2000) [hereinafter Straus, Corporal Punishment] (saying “[a] society <strong>that</strong> brings up children<br />

by nonviolent methods is likely to be less violent, healthier, <strong>and</strong> wealthier.” Although he mentioned<br />

Sweden as an example, he never mentioned the rise in crime.); Judge Leonard P. Edwards, Corporal<br />

Punishment <strong>and</strong> the Legal System, 36 SANTA CLARA L. REV. 983, 1021 (a U.S. judge relying only<br />

on anti-spanking research to propose <strong>that</strong> it “should be illegal to use corporal punishment on all<br />

children under five years of age.”).<br />

21. E.g., Diana Baumrind, Ph.D., Inst. of Human Dev., Univ. of Cal., Berkeley, Does<br />

Causally Relevant Research Support a Blanket Injunction Against Disciplinary <strong>Spanking</strong> by<br />

Parents?, Invited Address at the 109th Annual Convention of the American Psychological<br />

Association 1 (Aug. 24, 2001) [hereinafter Baumrind, Causally Relevant Research] (“[T]he term<br />

‘spanking’ [refers] to striking the child on the buttocks or extremities with an open h<strong>and</strong> without<br />

inflicting physical injury with the intention to modify behavior.”) (citing S. Friedman & S.K.<br />

Schonberg, Consensus Statements, 98 PEDIATRICS 853 (1996)) (emphasis in original).<br />

22. See, e.g., Daniel Costello, <strong>Spanking</strong> Makes a Comeback: Tired of Spoiling the Child,<br />

Parents Stop Sparing the Rod; Dr. Dobson vs. Dr. Spock, WALL ST. J., June 9, 2000, at W1 (saying<br />

the notion <strong>that</strong> children are too fragile to spank “took hold after World War[ ] II as Benjamin Spock,

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