The U.S. Department of Justice (DOJ) recently filed an opinion in a relatively obscure case in Boise, Idaho, that criminalization of homelessness is unconstitutional, citing the “Cruel and Unusual Punishments” Clause of the Eighth Amendment of the U.S. Constitution. The DOJ argued that the United States has a broad interest in ensuring that justice is applied fairly, regardless of wealth or status. The United States enforces the rights of individuals to be free from unconstitutional and abusive policing. The United States has used its authority under Section 14141 to investigate numerous jurisdictions for unconstitutional police practices.
- Dept. of Justice: It’s unconstitutional to ban the homeless from sleeping outside, the federal government says
- Report to the U.N. Committee Against Torture – Criminalization of Homelessness in the United States