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Section 59 of the Crimes Act and a Parent's Right to Discipline their Child

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The change to Section 59 of the Crimes Act compromises a parent’s right to discipline their child. Parents are in a position of authority in which they are responsible for shaping their children into respectful, law abiding citizens, and often a light smack to the hand or bottom is an effective way of teaching the right attitude and behaviour. If a child displays behaviour that goes against what their parents are teaching them, a light smack is often necessary in letting the child know what they are doing is wrong.
Changing the Crimes Act will not stop serious physical abuse from happening to children. Research carried out in Christchurch has suggested that serious offences of child abuse occur as a result of parental personal and …show more content…

Michele Wilkinson-Smith (2007), a criminal lawyer who has argued on both sides of Section 59 in court deems the repeal unnecessary. In her own experience she has never seen a case where a child has been seriously abused go excused because of the ‘reasonable force’ defence and it is likely that no New Zealand jury would find such serious abuse to be ‘perfectly reasonable.’ It is unrealistic to assume a person who has seriously harmed a child will go unpunished, however parents who lightly smack will face serious consequences. Joanne Black (2007) agrees, saying the only effect of this change is “that a parent who smacks a child in order to improve his or her behaviour breaks the law” (p. 58). Light smacking to improve a child’s behaviour is at the discretion of the parent, who is aiming to better their child, not seriously harm them.
Naturally, the change to Section 59 does have a positive side, providing a step toward New Zealand becoming a less violent society. Removing the reasonable force defence gives parents the opportunity to think twice about the practices they use in correcting their child’s behaviour, opting to not use a physical method. Children of this abuse are also less likely to go out and commit violent crimes as a result of the way they were brought up. In the long run, this change could alter the way parents treat their children, and therefore, cutting back on crime (Else, 2007). However, this is

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