Policy Considerations

Question 1

Children are generally…

Consider their rights

Answer 1

Still viewed as the property of parents so their rights are way behind

When America was founded children were considered wicked and there were even statutes that protected killing your child in the process of disciplining them

Question 2

Policy reasons in support of parental immunity

Answer 2

1.**Policing this would violate the 1st amendment and privacy rights aka Due Process issues **
2. protecting domestic tranquility;
2. avoiding risk of fraudulent claims
3. awards would deplete family resources
4. risk of interfering with parental care

Parent/Child

Question 3

Policy reasons against parental immunity

Answer 3

1. allows parents to punish children carte blanche
2. children are people

Parent/Child

Question 4

Policy basis for governmental immunity

Answer 4

Sovereign Immunity is based on the English common law idea that the kind can do no wrong

Until WWII the American Government was given carte blanche but recently this has begun to change

Governmental Immunity