Monthly Archives: October 2014

Accountability versus punishment: Is there a role for restorative justice in juvenile cases such as Sayreville?

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My recent post concerning the events in Sayreville, New Jersey in which seven high school football players are accused of hazing/abusing other players apparently hit a nerve. Although I am capable of seeing multiple sides of a situation and am open to, and even welcoming of, opposing point of views, I was surprised at how quickly some of the responses got personal. I do not live in New Jersey, nor do I have any personal attachments to the circumstances. I simply believe that in a civil and democratic society, community members should allow the judicial process an opportunity to operate before turning themselves into prosecutor, judge and jury based on what is reported in the news. I believe this all the more strongly when young people are involved. And yet simply by proposing that the accused youth should have their fate determined by a juvenile court, rather than an adult court, some people felt obliged to personally attack me.

Several individuals thought it appropriate to label the kids “criminals.” But is it fair to call someone a criminal simply because they are accused of wrongdoing? Does that strike anyone else as somewhat odd and out of place in a country that holds itself out to the world as the representative of democracy? And what ever happened to the doctrine of “innocent until proven guilty?”

In fairness, in one recent Twitter encounter I did experience an interesting and appropriate exchange which underscored for me the value of social media. It concerned a question of what consequences might be appropriate if it turned out that the accusations were true. To the individual who interacted with me on this topic I say “thank you.” Although I have no idea if I swayed that person’s opinion, I appreciated the opportunity for an open and respectful discourse.

In addition to advocating that this matter remain in a juvenile court, if the youth are found responsible for the actions they are accused of, I offered the idea that restorative justice be considered. I have already gone on record acknowledging the harm that has likely been caused based on the allegations, as well as the need for corrective action. The question is, what should that correction action look like? Is there a way to hold those responsible accountable, teach them the errors of their behaviors and get them back on track? Do we as a society need a pound of their flesh as payback for their behavior? Do we need to see them suffer? Or as responsible adults can we look for a better solution?

In the event these young men are found culpable (although I choose to remain neutral on this point until more facts are revealed) if a correctional institution is the consequence, they will come out at the other end undereducated, with a felony record that will interfere with them being employed, and based on the allegations perhaps bearing the label of sex offender – for life. Again I wonder: is this the outcome we want for young people who arguably are great candidates for being positively changed? Or do we want them to understand the harm that was caused, to be held accountable and taught a better way, and perhaps grow up to become mature adults who can contribute to society? After all, as pointed out in an editorial appearing in the New Jersey paper the Star-Ledger “we created this separate [juvenile] system because while the young brain can be capable of monstrous violence, it’s a more flexible creature.”

A restorative justice option actually focuses on the needs of the victims and the involved community in addition to dealing with the conduct of the accused. It emphasizes addressing and repairing the harm as opposed to simply punishing the offender. For youth, it is especially worthwhile as it allows for them to accept responsibility for their actions and make amends rather than maintaining innocence — this in and of itself is an important component of rehabilitation and an important character trait to instill.

The harsher option (jail time) may be the stiffer punishment and make many onlookers feel more satisfied, but a restorative justice alternative is likely more effective and beneficial to society and all involved.

Tanya Washington is a former civil rights attorney and social justice advocate who seeks better outcomes for vulnerable youth/ Share your thoughts at http://www.justicecorner.com

Follow Tanya on Twitter: @twashesq/ email her at justicecornerblog@gmail.com

Who’s fighting for the kids in Sayreville?

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The arrest of seven teenagers who played on the Sayreville War Memorial High School football team is being mishandled on so many levels. The manner in which it is being publicized and the intensity of the prosecution is influencing a perception that these kids are criminals as opposed to young people who need accountability and redirection. More egregiously, it fails to highlight or hold responsible the adults who in my mind are culpable for creating and allowing a culture of hazing and for failing to properly supervise.

Of course I am not dismissing the seriousness of the allegations or the harm to the youth who were assaulted and bullied. It is a horrible situation and deserves to be addressed. I simply believe that there are more appropriate and rehabilitative ways to address the misconduct of the 7 football players rather than criminalizing them and locking them up. I also see this as an opportunity for a much needed conversation about youth justice – should the motivation be punishment or accountability and what does that mean?

I agree with some points that have been made in connection with this case, but there are many others that I vehemently take issue with. I agree that: (1) the behavior was egregious, (2) there is a negative hazing culture underlying Sayreville football that needs to be addressed and (3) the young people should be held accountable. What I disagree with is that the consequences require criminalization, or that the youth are solely at fault. I take serious issue with the idea that the youth could be prosecuted as adults – if the Middlesex County prosecutor goes that route, there should be a public outcry!

This situation begs the question: If we understand that young people make impulsive and thoughtless decisions, why should we entertain or authorize the idea of punishing them as if they were adults? When we factor in the brain science and adolescent development studies that demonstrate a significant difference in the brains and thinking patterns of kids at least until they reach the age of 25, shouldn’t we re-evaluate our response when youth violate the law? Policies should reflect the understanding that youth misbehavior warrants a different consideration than an offense committed by an adult (even when that behavior causes harm).

As a former criminal defense attorney, I want more information, and I believe that the Sayreville community should be asking for more as well. It will be important to know what type of hazing has existed at Sayreville in relation to football and other sports activities and for how long. Where were the adults (both that day and in creating the culture that allowed this roguishness)? Did the youth charged previously endure hazing themselves at the hands of other players that may have influenced their behavior?

The adults connected with the football program are responsible for the culture that encouraged the athletes to engage in such rambunctious conduct, and they are the ones who must be held to a higher standard. It’s unfair to allow the young people to be the scapegoats. And it’s wrong to destroy their future while subjecting them to consequences. It may not be a popular position to take, but who’s going to stand up for the kids and prevent their lives from being ruined over this terrible incident?

Tanya Washington is a former civil rights attorney and social justice advocate who seeks better outcomes for vulnerable youth/ Share your thoughts at http://www.justicecorner.com

Follow Tanya on Twitter: @twashesq/ email her at justicecornerblog@gmail.com

The eyes that haunt me

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My recent visit to a juvenile facility left me with heartache. As a former defense attorney and juvenile reform consultant, I’ve been to my share of locked facilities, but this visit for some reason unnerved me. It was more than the dismal physical space I’ve observed so many times. I’ve certainly seen the typical correctional complex complete with razor-wire fences, a myriad of locks and bolts, and barren cells. I’ve seen the expensive over-equipped surveillance control rooms with hundreds of cameras that offer multiple views of the facility at various angles.

What struck me in a different way during this visit wasn’t the sterile building and rooms, it was the eyes of the youth that I encountered. Despondent, unfocused, almost lost eyes. Eyes that had clearly experienced trauma and despair, and now seemed to just go through the motions.

Teenagers are supposed to be spirited, inquisitive, engaging — even irreverent. They are not supposed to be robotic. When I’ve visited institutions in the past, the young people I met seemed at least interested in who and why “the strangers” were there. Most seemed to welcome a new face to at least break the monotony of their daily, weekly, and monthly routine. But on this tour, line after line of youth barely looked up or even seemed to notice the visitors among them. I saw a kind of disconnect that transcended sadness. It was almost like they had given up; having submitted to the cold regimen of their circumstances.

I didn’t get the sense that the caretakers were unnecessarily harsh, but rather that they were detached. From what I could see, the correctional officers were professional and courteous — perfunctory, but not engaged. Even during the eating times, most preferred to watch the youth eat, rather than sit down and eat with them. Less than 20 minutes was allotted for meals with no talking, just eating. I wondered to myself, how I might feel if someone I loved had made a mistake that caused them to be in such a place. Month after month (and year after year) of walking in line, being told when and where to sit, when and where to eat, being talked at, rather than talked to?

No matter what they did wrong, these kids deserve a second chance at life and a bright future. But how can such an atmosphere serve a rehabilitative purpose? What is meant to be “corrective” in reality is nothing more than a well-manned warehouse. There is a reason that a separate juvenile system was created. It was the result of the recognition that kids being young in both mind and experience can be reformed. At some point we as a society understood that the impulsiveness that could drive an adolescent to commit a criminal offense was something that development and the right amount of support and attention could easily overcome.

But somewhere we’ve gone off course and reverted to subjecting our youth to the same harsh prison environments that we send adults. What’s worse is that 75% of the kids that are sent away have done nothing violent, but are still placed behind bars. And these places are harmful. They not only strip our kids of their dignity and desire to achieve — they crush their very spirit. They say that the “eyes are the windows to the soul” — I suppose that’s why the eyes I saw are haunting me.

Tanya Washington is a former civil rights attorney and social justice advocate who seeks better outcomes for vulnerable youth/ Join the discussion at http://www.justicecorner.com

Follow Tanya on Twitter: @twashesq/ email her at justicecornerblog@gmail.com