The article examines the extent to which the Cruel and Unusual Punishments Clause of the Eighth Amendment protects the ability of homeless persons to subsist in public places. It reviews Martin v. City of Boise and how the Eighth Amendment has been applied to test the constitutionality of local laws targeted at the homeless. It discusses whether homelessness constitutes a recognizable status protected by the Eighth Amendment, and, if so, whether protection is extended to unavoidable conduct resulting from that status.
CU Commons Citation
"Criminally Homeless? The Eighth Amendment Prohibition Against Penalizing Status,"
Concordia Law Review: Vol. 4
, Article 2.
Available at: https://commons.cu-portland.edu/clr/vol4/iss1/2