1. Corporal punishment in the U.S. and Japan - a comparison

　Shoji Sugita

Shoji Sugita
I, Shoji Sugita have been the principal of both private and public senior high school
in Japan. I was also a staff menber of a school board for some years, and was a
winner of the Prize from the Minister of Education. As a young soldier, I was also
involved at the end of World War 2.

ⅠRules on discipline and corporal punishment in Japan　
　1 The school Educational Law　Article 11:　
　　Principals and teachers are permitted to administer discipline to students, if necessary for the
　　purpose of education under the regulations of the government. However no form of 'corporal
　　punishment' shall be allowed.

　2 The regulation of The School Educational Law　　Article 13:　
　　Whenever principals and teachers administer discipline to students,they should take into
　　consideration factors such as age and maturity.

　3　Guidelines ruled by The Ministry of Justice　　
　　1.To injure the students, including spanking and kicking, is prohibited.　
　　2.To cause serious physical pain to the students is prohibited corporal punishment. However
　　　discipline, appropriately utilized , is not considered corporal punishment. With regard to disciplinary
　　　measures, the most important considerations are the age and maturity of the students, and
　　　the place, time and seriousness of the offence. 　　
　　　We should decide using our own discretion whether it is prohibited corporal punishment or not. 　　
　　3.Detention after school is not considered corporal punishment, but is a legal disciplinary measure.
　　　The length of the detention is at the discretion of the teacher. 　　
　　4.Not letting students go to the washroom or not letting them eat meals shall be considered corporal
　　　punishment. 　
　　5.To use force to quell a disturbance in the classroom shall not be considered corporal punishment. 　
　　6.Students may be compelled to perform certain services, such as cleaning or extra work for some
　　　offences.

　4　Guidebook edited by the Meeting for the Study of Instruction, Ministry of Education
　　As the teachers are in the position of parents or guardians of the students, they shall be permitted
　　to strike a student lightly as punishment. The reason being that this kind of punishment is usually
　　administered by the parent or the guardian. Teachers shall　　be permitted to administer such
　　punishment, even if the force infringes the body of the students.　　Such force is considered to be
　　necessary for the proper control students and effective in education, namely what they call　
　　"affectionate rod" or "loving patting".　　Of course, teachers should esteem the student's rights with
　　the sound discretion of the school administrators. They should try to avoid using such force as much as possible, for they may
　　infringe upon the body of the students, even though they are administering what might be considered an "affectionate rod" or "loving pat"

In the U. S.
1. A rule of Corporal punishment:
According to "The Agreement in Detroit (l990-1992)" P.19
The general policy is;
- Maintain discipline by means of corporal punishment
- Use of corporal punishment as a routine measure is not contemplated.
- This policy does not prohibit corporal punishment, but does restrict its use to those cases in which there is no adequate substitute.

　　2. Principle of Punishment:

in loco of parent
not be cruel nor excessive
sex, size, physical strength of the student to be taken into account
not to injure or inflict lasting pain
no malice or passion to be shown by the teacher

　3. Tipical court case: INGRAHAM v. WRIGHT
　　"INGRAHAM v. WRIGHT" 430 U.S. 651 Federal Supreme Court,1977.

Students: Ingraham and one other. Eighth grade students at a Florida H.S.
Date: The District Court, January 7, 1971
Authorized punishment: On the buttocks with a flat wooden paddle, less than 2 feet long, 3 to 4 inches wide, and about one-half inch thick. Five "licks".
Students' claims: More than 20 licks with the paddle. However, the District Court made no finding on it and dismissed the case
The U.S. Court of Appeals (5th) reversed the decision and then Certiorari was granted.
The Supreme Court held as follows; The cruel and unusual punishment clause of the 14th Amendment did not apply to disciplinary corporal punishment in public schools, and that the due process clause also did not apply.
Reasons of the Supreme Court Judge;
- The basic doctrine has not changed. The prevalent rule in this country today privileges such forces as a teacher or administrator to what they "reasonably believe to be necessary for the child's proper control, training, or education."
- If the force is excessive or unreasonable, the educator is subject to possible civil and criminal liability.
- Such corporal punishment is necessary "for the proper education of the child and for the maintenance of group discipline."
- The most important considerations are the seriousness of the offense, the attitude and past behavior of the child, the nature and severity of the punishment, the age and strength of the child, and the availability of less severe but equally effective means of discipline.

　4. Why have the number of reported cases of corporal punishment decreased recently?

Teachers have become more aware of the law, possibly through racial and sexual discrimination cases being more prominent in society today.
The classroom situation has possibly become better.
Or are other forms of punishment being used?

　5. In the past there were many court cases regarding corporal punishment in the U.S.
　　　For instance;

Baker v. 0wen............United States District Court, M.D.North Carolina Greensboro Division. April 23,1975.395 F.Supp.294
Hall v. Tawney............United States Court of Appeals, 4th Circuit. May 9,1980.62l F2d 607
Streeter v. Hundley...Supreme Court of Missouri. Jan.30,1980 398 N.E.2d l246

　6. JAPAN
　　Typical case: Female Teacher's Corporal Punishment.
　　criminal Case, Monthly 13-4, Tokyo Higher Court, April 1,1981

Junior high school student (15 years old) in Mito City.
Tokyo Higher Court judged as follows;
The female teacher was not so angry with the student nor was irritated, but initially only scolded him verbally. She then
struck him moderately on his forehead with an open hand. It was not so severe.
Generally speaking as for disciplinary measures, scolding students verbally is the best way. However, sometimes 'patting'
students on their shoulders or their backs slightly is a kind of kinship between teachers and students, and is also useful and
effective in education. It makes the students more aware of their behavior and encourages them to develop good manners.
When we use disciplinary measures, we must consider the age, sex, the seriousness of the offenses or the maturity of their bodies and minds. We must judge each case using the facts at hand.
Reversed, and affirmed. Not guilty. For more details ......
Recently
It appears that the number of corporal punishment cases in the U.S. has decreased quite drammatically in recent years, while in Japan we have not seen a significant change.

　　　　　　　Continue to ......Comments & Public poll of corporal punshment