The Failed Criminalization of Homelessness: The Need for New Interventions and the Implementation of Salt Lake City’s Kayak Court
Authors: Stephen D. Fanale
Abstract:
Criminalization creates sizable barriers to housing and perpetuates the cycle of homelessness. Not only does criminalization leave people on the streets and in shelters indefinitely, it also unnecessarily costs the taxpayers. Homelessness is a growing issue throughout the world and criminalizing these human beings is a violation of basic human rights. While ending the criminalization of homelessness may seem like an insurmountable obstacle, there is something that can be done while fighting that battle. While they are under researched as a whole, specialty courts, specifically homeless courts, are a growing vessel that can address some of the barriers associated with criminalization. They divert individuals away from jail while connecting them to services that will help their situation instead of hindering it. The model being used in Salt Lake City, while similar to others throughout the United States, stands alone in its outreach efforts, and should be paving the way for the rest of the world. The following will look at criminalization and different ways of addressing it, and, finally, Salt Lake City’s current operations, including the unique outreach court: Kayak Court.
Keywords: Barriers to housing, criminalization, cycle of homelessness, homeless court, diversion, Kayak Court.
Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 96References:
[1] K. J. Brown, “The banishment of the poor from public space: Promoting and contesting neo-liberalism,” Social & Legal Studies, vol. 29, ED-4, pp. 574-595, 2020.
[2] R. J. Mitchell, N. Burns, N. Glozier, O. Nielssen, “Homelessness and predictors of criminal reoffending: A retrospective cohort study,” Criminal Behaviour & Mental Health, vol. 33, ED-4, pp. 34-39, 2023
[3] National Law Center on Homelessness & Poverty, “Housing not handcuffs 2019: Ending the criminalization of homelessness in the U.S. cities, https://homelesslaw.org/wp-content/uploads/2019/12/HOUSING-NOT-HANDCUFFS-2019-FINAL.pdf, December 2019.
[4] L. McNamara, J. Quilter, T. Walsh, T. Anthony, “Homelessness and contact with the criminal justice system: Insights from specialist lawyers and allied professionals in Australia,” Justice and Social Democracy, vol. 1, ED-10, pp. 111-129, 2021.
[5] T. Skolnik, “Homelessness and the impossibility to obey the law,” Fordham Urban Law Journal, vol. 3, ED-43, pp. 741-787, 2016.
[6] A. I. Lief, “A prosecutorial solution to the criminalization of homelessness,” University of Pennsylvania Law Review, vol. 6, ED-169, pp. 1971-1997, 2021.
[7] A. Plozka, “A homeless bill of rights as a new instrument to protect the rights of homeless persons,” European Constitutional Law Review, vol. 4, ED-16, pp. 601-624, 2020.
[8] S. Binder, “The homeless court program: Taking court to the streets,” Federal Probation, vol. 1, ED-65, pp. 14-17, https://www.uscourts.gov/federal-probation-journal/2001/06/homeless-court-program-taking-court-streets, 2001.
[9] A. J. Thielo, F. T. Cullen, A. I. Burton, M. M. Moon, V. S. Burton Jr., “Prisons or problem-solving: Does the public support specialty courts?,” Victims & Offenders, vol. 3, ED-14, pp. 267-282, 2019.
[10] E. E. Hennick, “The homeless court in Salt Lake City, Utah: Access to justice and mercy for a disenfranchised population”, University of Utah, Unpublished, (2017).
[11] American Bar Association, “Homeless court facts & best practices,” https://www.americanbar.org/content/dam/aba/administrative/homelessness_poverty/homeless-courts/hlc-best-practices.pdf#, (n.d.).
[12] American Bar Association, “Homeless court: Taking the court to the street,” https://www.americanbar.org/content/dam/aba/administrative/homelessness_poverty/one-pagers/homeless-court-one-pager.pdf, (n.d.).
[13] S. J. Shrader, “New homeless court launches this week in Nashville,” Tennessee Bar Association, https://www.tba.org/?pg=LawBlog&blAction=showEntry&blogEntry=56787, September 2, 2020.
[14] J. Martin, “Spartanburg homeless court to hold first session,” 7 News WSPA, https://www.wspa.com/news/spartanburg-homeless-court-to-hold-first-session/, December 18, 2019.
[15] Nelson Mullins Riley & Scarborough LLP – Attorneys and Counselors at Law, “City of Florence to hold first homeless court,” https://www.nelsonmullins.com/idea_exchange/news/press_releases/city-of-florence-to-hold-first-homeless-court, October 24, 2019.
[16] A. Weston, “Homeless court aims to get people back on their feet, News-Press Now, https://www.newspressnow.com/news/local_news/homeless-court-aims-to-get-people-back-on-their-feet/article_aa7ae0eb-08dd-55f2-a175-28facfd67218.html, April 15, 2018.
[17] Street Democracy, “A court program that allows homeless folks to “pay off” their tickets with efforts to improve their lives,” https://www.streetdemocracy.org/project?recordId=rechGIIc5J6fyxfQS, (n.d.).
[18] New Mexico Courts, “Outreach Court,” https://metro.nmcourts.gov/bernalillo-county-metropolitan-court/specialty-courts/outreach-court/, (n.d.).
[19] S. Herzog, “Springfield starts homeless court,” Springfield News Leader, https://www.newspressnow.com/news/local_news/homeless-court-aims-to-get-people-back-on-their-feet/article_aa7ae0eb-08dd-55f2-a175-28facfd67218.html, February 4, 2015.
[20] J. Robison, Salt Lake City Justice Court, Salt Lake City, UT, private communication, October 2023.
[21] K. Russo, Social Worker, Sale Lake City, UT, private communication, October 2023.