The Case Against Family Court with Jane Spinak - Episode 153

The Jabot

Kathryn and guest Jane Spinak, a Columbia Law School professor, discuss the issues with the U.S. court system's handling of child delinquencies. Jane argues that the system causes more harm than good, often exacerbating issues rather than resolving them. She believes the approach towards these cases should be shifted from courts to supporting communities, to provide more beneficial outcomes for families and children. Jane also calls for the abolition of family courts as they fail to address underlying problems like poverty and structural inequality. She encourages a focus on listening to and aligning with impacted communities for a more supportive system.

Highlights

• The understanding of advocacy as advocating for a family, not just a child or parent
• The lack of effectiveness of the court in solving issues that stem from structural inequalities
• Keeping supports as much as possible within communities and examples of effective approaches
• Addressing potential criticisms of the abolition proposal in regards to the reporting system
• Acknowledgement that sometimes intervention and court proceedings are necessary for serious cases
• Jane’s abolitionist mindset, advocating for reforms that dismantle the court, not strengthen it
• The detention of extremely young children, not understanding the meaning behind their punishment
• Adopting the international standard of 14 years for criminal responsibility
• The need for supportive assistance for children and their parents instead of legal punishment
• Why punitive measures should be ended
• Proposed abolitionist agenda and that the courts should only come into play when a legal proceeding is necessary but should not attempt to solve social problems

Episode Resources

• https://www.law.columbia.edu/faculty/jane-m-spinak
• https://www.amazon.com/Jane-M-Spinak/e/B0CBZFWG4J/ref=zg_bsnr_g_10777_bl_sccl_19/000-0000000-0000000

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