Homelessness, Indignity, and the Promise of Mandatory Citations for Urban Camping

36 Pages Posted: 12 Feb 2021

See all articles by Ben A. McJunkin

Ben A. McJunkin

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: November 15, 2020

Abstract

Custodial arrests for the crimes intrinsically connected to homelessness, such as urban camping, inflict needless indignity on Arizona’s homeless residents. Arizona has an estimated 10,000 individuals currently experiencing homelessness, nearly half of whom are unsheltered—living on the streets, in desert washes, in vehicles, or other places not meant for human habitation. Yet the state has responded to its homelessness crisis as most states do: criminalizing simple behaviors that define the homeless experience, such a loitering in parks, resting at bus stops, obstructing sidewalks, or sleeping just about anywhere. Legal academics have long understood that treating homelessness as a crime traps individuals in cycles of poverty, pushes them toward further criminality, and is ultimately more expensive and less effective than non-carceral alternatives, such as housing-first solutions. To date, however, academic solutions have challenged criminalization itself, typically centered either on aspirational calls for code reform or on constitutional litigation strategies. These solutions have overlooked the ways in which the process of arrest itself exacerbates homelessness and imposes increased risks on those who experience it. This article, therefore, proposes a simple reform: Arizona police departments should adopt mandatory citation policies for urban camping, and similar offenses attendant to homelessness. This small, attainable reform would immediately protect the dignity of countless homeless Arizonans.

Keywords: Criminal Law, Criminal Procedure, Police, Arrests, Homelessness, Dignity

JEL Classification: K14, K40, K42

Suggested Citation

McJunkin, Ben A., Homelessness, Indignity, and the Promise of Mandatory Citations for Urban Camping (November 15, 2020). 52 Arizona State Law Journal 955 (2020), Available at SSRN: https://ssrn.com/abstract=3773732

Ben A. McJunkin (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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