Is there a difference between misguided child discipline and torture murder?

As we have seen, a distinction between misguided child discipline and torture murder is legally recognized. The federal Constitution does not require the conclusion that the authority of an individual to discipline a child extends to acts involving a high probability of death committed with the intent to cause cruel pain and suffering. Imposition of the death penalty on a parent, or other person, who kills a child in such a situation is not disproportionate to the individual's culpability. (See People v. Wade (1988) 44 Cal.3d 975, 1000, 244 Cal.Rptr. 905, 750 P.2d 794.)