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Criminalization: A Necessary Solution To Homelessness

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These laws are often justified under the dubious theory that they are necessary to protect the public interest. Laws prohibiting sitting down on public sidewalks, for example, are allegedly warranted by the public’s interest in unobstructed walkways. Sometimes, these laws are premised on the idea that criminalization is a necessary solution to homelessness because it makes it less likely that homeless persons will “choose” to live on the streets. Most often, however, these laws are passed under the erroneous belief that using the criminal justice system to remove homeless persons from a city’s commercial and tourist districts is the best method for improving the economic health of those areas.

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