Tag Archives: Eighth Amendment

Liberal Justices Grill Attorney in Supreme Court Case on Criminalizing Homelessness

“Where are they supposed to sleep? Are they supposed to kill themselves not sleeping?” asked Justice Sonia Sotomayor of unhoused people who have been barred from sleeping outside in Grants Pass, Oregon.

By Julia Conley. Published 4-21-2024 by Common Dreams

Grants Pass homeless encampment. Screenshot: 5NEWS

As housing rights advocates and people who have been unhoused themselves rallied outside the U.S. Supreme Court Monday to demand an end to the criminalization of homelessness, the court’s three liberal justices demanded to know how the city of Grants Pass, Oregon can penalize residents who take part in an act necessary for human survival—sleeping—just because they are forced to do so outside.

After an attorney representing Grants Pass, Thomas Evangelis, described sleeping in public as a form of “conduct,” Justice Elena Kagan disputed the claim and reminded Evangelis that he was presenting a legal argument in favor of policing “a biological necessity.”

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Federal Court Strikes Down Mississippi’s ‘Jim Crow’ Felon Disenfranchisement Law

“Mississippi stands as an outlier among its sister states, bucking a clear national trend in our nation against permanent disenfranchisement.”

By Brett Wilkins. Published 8-4-2023 by Common Dreams

Photo: Common Cause

A U.S. federal appellate court on Friday ruled that a Jim Crow-era Mississippi law permanently disenfranchising people with certain felony convictions is unconstitutional.

In a decision that can be appealed to the full U.S. 5th Circuit Court of Appeals, a three-judge panel of the tribunal ruled 2-1 that Section 241 of Mississippi’s 1890 Constitution “violates the Eighth Amendment’s prohibition on cruel and unusual punishment and the 14th Amendment’s guarantee of equal protection under the law.”

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A Deputy Prosecutor Was Fired for Speaking Out Against Jail Time for People Who Fall Behind on Rent

Arkansas prosecutor Josh Drake called the state’s criminal eviction statute “cruel” and “unconstitutional.” Criminal charges against tenants falling behind on rent have continued, even as the pandemic has worsened.

By Maya Miller and Ellis Simani  Published 11-27-2020 by ProPublica

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

An Arkansas prosecutor has been fired after speaking out against the state’s criminal eviction statute in an October ProPublica story. Garland County deputy prosecutor Josh Drake was let go from his position on Oct. 31 by Michelle Lawrence, the prosecuting attorney.

Arkansas is the only state where landlords can file criminal charges rather than civil complaints against tenants for falling behind on rent. Drake told ProPublica, “I hate that law. It’s unconstitutional.” It constitutes cruel and unusual punishment, he said, echoing other Arkansas legal experts and advocates across the political spectrum. Continue reading

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