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Homelessness And The Criminal Justice System

  • Heidi Law
  • Sep 22, 2023
  • 2 min read


Criminalization of Homelessness

Due to shifts in public policy in Canada, homeless individuals’ rights have been taken away, resulting in an increase in criminal activity among the homeless. Activities including begging in the streets, services such as window cleaning for money, and even the presence in public spaces have been declared as criminal activity. As such, these policies and laws serve to formally criminalize homelessness. The legal system excludes homeless individuals, and as a result, limits their citizenship, freedom of speech, and access to public space.


How Criminalization Contributes to the Cycle of Homelessness

Often, a prison leads to the loss of an individual’s job, housing, and personal connections. Even after release, people with a criminal record are often discriminated against in housing and employment, contributing to the possibility of homelessness. According to the US Department of Housing and Urban Development, over 50,000 individuals enter shelters directly after detention facilities. There is also estimated to be a greater number of homeless people who are forced to live outside after leaving prison or enter the shelter at a later time which is excluded from the records. Therefore, this data demonstrates that individuals with a criminal record have an increased chance of becoming homeless. In addition, as a result of homelessness, individuals are even more likely to come in contact with the justice system. Communities often use the police to respond to people living outside, with arrests for minor public nuisance crimes, such as camping, loitering, and public urination which criminalizes homelessness. This contributes to the cycle, resulting in increases in the homeless population due to the criminal justice system.


Potential ways to break this cycle

Some suggested solutions to break the cycle of homelessness and the criminal justice system include urban development projects, as providing stable housing is a key strategy in breaking the cycle of homelessness and crime. In addition to housing, some recommend that supportive services will greatly reduce the possibility of criminal behaviour. For instance, some essential services include mental health treatment, substance abuse counselling, job training, and healthcare. Organizations argue that the increased criminal activities of homeless individuals suffering from mental illnesses stem from underfunded local mental health services. By identifying and assisting those in need, criminalization will also be greatly reduced. Furthermore, another alternative to breaking the cycle of homelessness includes establishing connections with the homeless and the overall community. Building relationships with homeless individuals through outreach programs can help connect them with services and support and help them reintegrate into society. This can be done by encouraging community involvement through volunteering, donations, and advocacy. For instance, collaboration between government agencies, nonprofits, and the private sector can help fund and implement effective solutions. Another method to increase involvement is creating various pathways for the homeless community to gain education and skills for a career. Employment is a vital factor involving stability and can reduce the desire to commit crimes for basic needs and survival. Overall, there are various options to reduce the criminalization of the homeless, and it is significant to combat this issue and reduce overall crime rates.






References

Criminalization Of Homelessness | The Homeless Hub. (n.d.). https://www.homelesshub.ca/about-homelessness/legal-justice-issues/criminalization-homelessness


Five Charts That Explain the Homelessness-Jail Cycle—and How to Break It. (2020, September 16). Urban Institute. https://www.urban.org/features/five-charts-explain-homelessness-jail-cycle-and-how-break-it

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