California's New Vagrancy Laws: The Growing Enactment and Enforcement of Anti-Homeless Laws in the Golden State

Abstract:

Vagrancy laws conjure up a distant past when authorities punished people without a home or permanent residence. Whether the objects of pity or scorn, vagrants could be cited or jailed under laws selectively enforced against anyone deemed undesirable. Although such laws have generally been struck down by courts as unconstitutionally vague, today’s “vagrants” are homeless people, who face growing harassment and punishment for their presence in public.

More than one in five homeless people in the country lives in California, and two-thirds are unsheltered. The state legislature has done little to respond to this widespread problem, forcing municipal governments to address homelessness with local laws and resources. Cities have responded by enacting and enforcing new vagrancy laws — a wide range of municipal codes that target or disproportionately impact homeless people.

Through extensive archival research and case studies of several cities, the report presents detailed evidence of the growing enactment and enforcement of municipal anti-homeless laws in recent decades as cities engage in a race to the bottom to push out homeless people. It concludes with a call for a state-level solution to end the expensive and inhumane treatment of some of California's most vulnerable residents.

Source: Social Science Resource Network

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Domestic Violence – is Further Criminalization the Answer? (UK)

The Home Office has recently launched a Domestic Violence lawbook “public consultation on whether a specific crime of domestic violence should be created in order to strengthen existing law in this area. However, is the focus on criminalization as a way to improve existing provisions to tackle domestic violence misplaced?

The Home Office published a non-statutory definition of domestic violence which highlights that a distinctive feature of this form of behavior is its coercive and controlling nature. The lack of specific legislation to address this type of behavior has been put forward as a reason to create a specific crime of domestic violence, as it would arguably make it easier for the police and the Crown Prosecution Service (CPS) to prosecute offenders. The benefits of such an initiative are however not straightforward.

Source: Social Science Space

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