Newby v. United States
District of Columbia Court of Appeals
797 A.2d 1233 (2002)
Relevant factsFree
Jacqueline Newby (defendant), mother of a six-year-old girl, was seen at a park hitting and kicking the girl repeatedly, slapping her with a heavily ringed hand, and beating her after she fell to the ground. The United States (plaintiff) charged Newby with simple assault. At trial, Newby admitted losing control but claimed she acted out of fear the girl would hurt herself while acting out. She was convicted and appealed, arguing the government had to prove she acted with malice to overcome her parental privilege to discipline.
IssueFree
Whether a conviction for simple assault based on a parent's use of physical force against a child requires the government to prove the parent acted with malice.