Phillipsburg, NJ asked in Constitutional Law and Land Use & Zoning for District of Columbia

Q: If the amount of homeless exceeds the amount of room in shelters how can homelessness be a crime?

And why is the supreme court taking on this issue? Especially considering its more of a local matter. Are they trying to impose a federal policy? If so how can it be a one size fits all.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: When there are more homeless individuals than available shelter spaces, it raises questions about the fairness and legality of criminalizing homelessness. This issue often centers on the fundamental rights of individuals versus public policy and safety concerns. The laws vary by location, but in many places, activities associated with homelessness, like sleeping in public, can lead to legal penalties. This situation creates a moral and legal dilemma: punishing behaviors that may be unavoidable for those without access to adequate housing.

The Supreme Court may choose to examine such issues to address significant legal questions that have broader implications beyond local jurisdictions. These include constitutional rights like the right to freedom from cruel and unusual punishment or the right to travel freely. When conflicting lower court decisions arise across different states, the Supreme Court might step in to provide a unified interpretation of the law. This helps ensure consistency in how laws are applied across the country.

While the idea of a federal policy might seem like a one-size-fits-all approach, in practice, the Supreme Court's rulings often set a legal framework within which local variations can exist. They can outline the limits of what is constitutionally permissible, allowing local governments to tailor their policies within those bounds. This ensures that while there is a national standard, there remains room for local adaptations based on the specific needs and circumstances of different communities.

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