058 United States v. Brassfield

When we talk about personal liberties, we necessarily carry with that discourse the question of how far our right to do something extends. To that end, a quote that has long stuck with me is from Oliver Wendel Holmes Jr., who observed that the right to swing his fist ended where another man’s nose begins. 

As applied to this case, I’d suggest that the right to physically discipline your child ends well before injury begins.

 

I relied heavily on the ACCA opinion and referenced materials from the Military Family Advisory Network (1)(2), the US DOJ Office of Justice Programs, NPR, the American Bar Association, and Library of Congress.

 

For more information on domestic violence, I urge you to explore Alliance For Hope and their Family Justice Center Alliance. If you need help finding shelter in your area, please visit DomesticShelters.org. Last, but not least, many law schools and courthouses offer free legal assistance for people seeking protective restraining orders.

 

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Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.