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