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