A Federal Court Rules That It Could Be A Constitutional Violation To Arrest Homeless For Sleeping Outdoors

8th amendment

This week, the 9th U.S. Circuit Court Of Appeals ruled that prosecuting homeless people for sleeping outside might be a violation of the United States Constitution’s Eighth Amendment, which bars cruel and unusual punishment.

According to U.S. News, the Portland, Oregon- based appeals court stated that when homeless shelters had too few beds, “sitting, lying and sleeping on the streets was an ‘unavoidable consequence’ of homelessness, and it would be an Eighth Amendment violation for cities to punish that conduct when their shelters had too few beds.”

The court also stated that : “As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”

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